Samia approves retirement of Chief Justice Prof Ibrahim Juma

Dodoma. President Samia Suluhu Hassan has reiterated her commitment to ensuring the peaceful retirement of Tanzania’s Chief Justice, Prof Ibrahim Juma.

This affirmation is part of her broader intention to avoid any conflicts with the judiciary, including judges and magistrates.

The President made these comments on Saturday, April 5, 2025, during the inauguration of the new headquarters for the Tanzania Judiciary, the Judiciary Service Commission, and newly constructed houses for judges in Dodoma.

“I am aware that the Chief Justice has only a few months left before retirement, and I have no intention of creating any conflicts with judges and magistrates. I am fully committed to ensuring that you can retire peacefully,” stated President Samia.

President Hassan, however, did not specify the exact date of the Chief Justice's official retirement, but she said: “So, honourable judges, make your plans. The Chief Justice is going to retire.”

However, she praised the Chief Justice for the significant reforms implemented in the judiciary during his tenure, with the government's support.

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She attributed these notable transformations to the mindset changes that allowed him to bring about such reforms, which have been seen as major advancements within the key pillar of the state.

"Now, Chief Secretary, I am here, and you have tasked me with presenting medals during the Union celebrations. I kindly ask you to add one more medal for the Chief Justice of Tanzania," President Hassan said.

President Hassan had in the past extended his tenure indefinitely, sparking controversy among some members of the public who accused the Head of State of breaching the constitution.

In response, Mr Humphrey Malenga filed a petition against the Attorney General, requesting the High Court to declare the tenure extension unconstitutional.

However, on Friday, September 22, 2023, the High Court ruled in favour of President Samia’s decision, dismissing the petition because for lack of merit.

Mr Malenga argued that Prof Juma should have vacated the office of Chief Justice on his 65th birthday, as per public knowledge.

Although the Constitution of the United Republic of Tanzania does not specify a separate retirement age for the Chief Justice, it is tied to the retirement age for Justices of the Court of Appeal, as the Chief Justice also holds that position.

The President, however, holds the authority to extend the tenure of a Justice of the Court of Appeal, including the Chief Justice, to allow for continued service.

According to the High Court's judgment, while Article 118(2) of the Constitution stipulates that the Chief Justice should retire when the Justice of Appeal does, Articles 120(2) and (3) empower the President to suspend or extend the retirement of a Justice of Appeal.

Prof Juma served as Acting Chief Justice from 2017 to 2021 before his full appointment to the role.

Following the ruling, Mr Malenga's lawyer, Ipilinga Panya, said they would review the decision and consult with their client about whether to appeal.

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“After receiving the judgment, we will go through it with our client to see if he is satisfied with the decision or not. From there, we will decide whether to appeal,” Mr Panya told journalists.

Historically, most Chief Justices in Tanzania retire at 65, but there have been instances where their tenures were extended.

For example, Mohammed Chande Othman, the previous Chief Justice, retired in 2017 at 65, as did his predecessor, Augustino Ramadhani, who retired in 2010.

However, retired Justice Barnabas Samatta served two additional years, retiring in 2007, despite being due for retirement in 2005.