Prime
Here’s a living example of Justice Denial in Tanzania…
What you need to know:
- In most countries, Justice Delivery is delayed mainly because of rampant grand corruption involving a few of those who are entrusted with its dispensation.
The common adage is that ‘Justice DELAYED is Justice DENIED…’ According to the social networking website ‘Linkedin,’ the phrase is used to emphasize the importance of timely and efficient delivery of Justice.
Indeed, when a legal system fails to provide justice in a timely manner, this may lead to frustration, loss of faith in the Justice System – and even further injustice!
[Wags have coined another phrase to the effect that ‘Justice HURRIED is Justice BURIED…’ But, never mind that for now]!
In most countries, Justice Delivery is delayed mainly because of rampant grand corruption involving a few of those who are entrusted with its dispensation.
Wikipedia defines ‘Corruption’ as ‘a form of dishonesty or criminal offence by a person or an institution entrusted with a position of authority, in order to acquire illicit benefits for personal gain.’
In January 2023, President Samia Suluhu Hassan formed a Special Task Force to probe performance of the country’s Justice Dispensation. [See ‘Samia akerwa na mambo ya ovyo Mahakamani;’ Mwananchi, May 24, 2023].
Apparently, the probe was to concentrate on the lower echelons of the Courts System, as the President seemed to be happy with performance of the Higher Courts.
If that’s correct, then she was utterly misguided in her belief.
Indeed, Justice is virtually denied every-which-way in Tanzania’s so-called ‘Law Courts’ down and up the entire System – and as prominent stakeholders in Justice Dispensation say.
These include (but are by no means limited to) Professor Abdullah Safari, Dr Aidan Msafiri, and Dr Hellen Kijo-Bisimba… [See Mwananchi, May 24, 2023].
Ask yourself, for instance, WHY SHOULD it take a Tanzanian High Court three long years to issue an Execution Order requiring a former employer to pay terminal benefits to ex-employees as mutually agreed upon by both parties in formal arbitration
The Arbitration Proceedings were conducted by the Commission for Mediation and Arbitration (CMA, Dar-es-Salaam Zone), as per the Labour Institutions (Mediation and Arbitration) Rules; GN 67/2007), culminating in Award Number CMA/DSM/ILALA/R.893/17 of October 12, 2018 for Sh365,091,743 awarded to 44 arbitrarily terminated employees.
After a long payment delay by the employer, the ex-employees filed for an Execution Order vide High Court Labour Division (Kinondoni; number Ex.474/2020).
The Execution Order is yet to be granted about three years later, with repeated changes of Judges who then plead for more time to study the Case File!
We are told that there are some 15,000 cases that are pending in High Courts across Tanzania today; pending for one reason or another – including rampant grand corruption!
In all fairness – and without an iota of prejudice – this is one living example of Denial of Justice in Tanzania, thus signifying gross failure of Justice Dispensation across the country.
This also means that President Samia-Suluhu ‘H’ does indeed have her hands full – proverbially speaking!
This is especially considering the fact that the example cited above is only a matter of an Execution Order of the High Court, delay of which has led to/resulted in despair – and, in extreme cases – the death or extreme incapacitation of some claimants to the terminal benefits that were lawfully due to then since 2017!
As I say, as Union President, Dr Samia-Suluhu ‘H’ does have her hands full in the matter of Justice Dispensation…
