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C(}DF: OF CONDUCT FOR JUDICIAL
OFFICERS OF TANZANIA
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CODE OF CONDUCT FOR JUDICIAL OFFICERS OF
ThNZANIA
Whereas an independent, strong, and respected and respectable Judiciary is indis-
pensable Jor the impartial administration of Justice in a democratic state.
And whereas a Judicial Officer should therefore actively participate in establishing,maintaining and enforcing, and himself observing, high standards of conduct so that the
integrity and respect for the independence of the Judiciary is preserved:
And whereas the Judicial duties of a Judicial Officer, which include all the duties of his
office prescribed by law, take precedence over all his other activities:
And whereas it is desirable that standards of conduct which a Judicial Officer should
observe be prescribed and published for the information ofthe Judicial Officer himself and
the public in general so that the objectives set out in this preamble may be achieved:
Therefore, the Judges' and Magistrates' Conference held at Arusha from 15th to 16th
March, 1984, hereby adopt this Code of Conduct for Judicial Officers of Tanzania.
(i) In this Code the term "Judicial Officer" shall mean and include any Judge and
Magistrate of ,my description employed or appointed in the Judicial Department
of Tanzania.
(ii) The Code shall have applications to Tanzania Mainland only.
(iii) Violation of any of the rules contained in this Code shall constitute Judicial
misconduct or misbehaviour and may entail disciplinary action.
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A Judicial Officer should avoid impropriety and the appearance of
impropriety in all his activities
A Judicial Officer should respect and comply with the laws of the land and should
conduct himself at all times in a manner that pwmotes public confidence in the integrity
and imparticiality of the Judiciary. He would therefore be undermining these values ifhe
allowed Iris family, social or other relationships to influence his Judicial conduct andjudge-
ment, ifhe lent the prestige of his office to advance the private interests of others, i.e; by
voluntarily testifYing as to their character or by standing surety unless he is required by
law so to do. In sum a Judicial Officer should not conveyor permit others to convey the
impression that they are in a special position to influence him.
(1) A Judicial Officer should be true and faithful to the law and should acquire and
maintain such professional competence in it as to enable him m;hieve. its proper and
smooth adnrilristration.
(2) In Judicial proceedings before him a Judicial Officer should maintain order and
decorum.
(3) A Judicial Officer should be patient, dignified and courteous to accused per-
sons and litigants, assessors, witnesses, lawyers, and all others with whom he has to deal
in his official capacity and should require similar conduct oflawyers, his staff, and others
subject to his direction and control.
(4) A Judicial Officer should accord to every person who is legally interested in a
proceeding, or his legal representative full right to be heard according to law. and except
as authorized by law, neither initiate nor consider ex-parte or other communications con-
cerning a pending or impending proceeding. This, however, does not preclude a JudicialOfficer from consulting with other judicial officers and other persons whose function is to
aid him in carrying Ollt his adjudicative duties or, subject to adequate notice, from obtain-
ing the advice and views of disinterested expert on legal issues as an amicus curiae.
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(5) A Judicial Officer should dispose of promptly the business of Court. In order to
achieve this the Judicial Officer is required to devote adequate time to his duties, to be
punctual in attending Court and expeditions in bringing to a conclusion and determining
matters under submission. A Judicial Officer should insist that Court Officials, accused
persons, litigants and their lawyers co-operate with him to that end.
(6) A Judicial Officer should abstain from comment about a pending or impending
proceeding in any Court in this country, and should require similar abstention on the part
of court personnel subject to his direction and control. This provision does not prohibit a
Judicial Officer from making statements in the course of his official duties or from explain-ing for explaining for public or private information the procedure of the court provided
such statements are not prejudicial to the integrity of the Judicial and the administration of
justice.
(1) As temperate conduct ofjudicial proceedings is essential to the fair, administra-
tion of justice, a }11cJicialOfficer should prohibit broadcasting, televising, recording of or
photographing in the court room and areas immed 1atelyadjacent thereto during sessions
of COUll or recesses between sessions in order to prevent the distortion or dramatisation
of the proceedings by such recording or reproduction. But a Judicial Officer may autho-rize:
(a) The use of electronic or photographic means for the presentation of evidence,
for the perpetuation of record or for other purposes of Judicial administration;
(b) the broadcasting, televising, recording or photographing of investitive and
other ceremonial proceedings;
(c) the photographic or electronic recording and reproduction of appropriate court
proceedings under the following conditions:
(i) the means of recording will not distract participants or impair the dignity
of the proceedings;
(ii) the reproduction will not be exhibited until after the proceedings have
been concluded and all direct appeals have been exhausted.
1 . A Judicial Officer should diligently discharge his administrative duties, main-
tain professional competence in judicial administration ,md facilitate the performance of
the- '1(hl1jni,tr~tive duties of otherjlldici
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(b) "fiduciary" includes such relationships as executor, administrator, trustee
and guardian;
(c) "financial interest" means ownership of a legal or equitable interest, how-
ever small, or other active participant in the affairs of a party except that:
(i) ownership in a mutual or common investment fund which holds secu-rities. is not a "financial interest" in such securities" in such securities
unless the Judicial Officer participates in the management of the fund;
(n) an office in an educational, religious, charitable, fraternal or civic orga-
nization is not a "financial interest" in securities held by the organiza-
tion;
(ill) the proprietory interest of a policy holder in a mutual savings society
or silnilar proprietory interest, is a ''financial interest" in the organiza-
tion only if the outcome of the proceedings could substantially affect
the vnIne of the interest:(iv) ownership of govenunent securities is a "financial interest" in the
issues only if the outcome of t . . . ' l c proceedings could substantially
affect the value of the st:curitics.
A Judicial Officer disqualified by the temlS of Rule 2c (1) or Rule 2c (I ) (d) may instead
of withdrawing from the proceedingsdisc1ose on the record the basis of his disqualifica-
tion. Ifbased on such disclosure, the parties, their representatives and/or their lawyers,independently of the Judicial O fficer participation, all agree that the Judicial O fficers rela-
tionship is immaterial or that his financial interest is insubstantial, the Judicial Officer is no
longer disqualified and may participate in the proceedings. The consent by the parties,
their representatives and/or their lawyers shall be recorded and shall form part of the
record of proceedings.
A Judicial OffICer may engage in activities to improve the Law, the Legalsystem andtheAdministration of Justice
A Judicial Officer, subject to the proper performance of his judicial duties, may engage
in the followingquasijudical activities if in doing so he does not cast doubt on his capacity
to decide impartially issue that may come before him.
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B. He may appear at a public hearing before an executive of legislative body or
official on matters concerning the law, the legal system and the administration
of justice, and he may otherwise consult with an executive or legislative body
or official, but only on matters concerning the administrative of justice.
C He may serve as a member,. officer or director of an organization or government
agency devoted to the improvement of the law, the legal system, or the admin-
istration or justice. He may assist such an organization in raising funds and
may participate in their management and investment. He may make recommen-
dations to public and private fund granting agencies or projects and programmes
concerning the law, the legal system and the administration of justice.
A Judicial Officer should regulate his Extra-Judicia/Activities to minimise
the risk of conflict with his Judicial duties
A AvocationalActivities - A Judicial Officer may write, lecture, teach and speak on
legal subjects, and engage in the arts, sports and other social and recreatio:pal activi-ties, if such avocational activities do not adversely affect the dignity of his office or
interfere with the performance of his judicial duties. This rule is meant to keep Judicial
Officers, within dignified limits as a part and parcel of the society in which they live
so that they are not isolated from it.
B Civic and CharitableActivities - A Judicial Officer may participate in civic and
charitable activities that do not reflect adversely upon his impartiality or interfere
with the performance of his judicial duties. He may therefore serve as an officer,director, trustee, or non-legal advisor of an educational, religious, charitable, frater-
nal, or civic organization not conducted for the economic or political advantage of its
members subject to the condition that he should not serve if it is likely that the
organization will be engaged in proceedings which would ordinarily come before him
or will be regularly involved in legal proceedings in any court.
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grandchild, parent, grandparent. or other relative or person with whom the Judicial Officer
maintains a close farniliar relationship. In this capacity, i.c.. family fiduciary. a Judicial
Officcr is subject 10 the follo\viug conditions:
(i) he should not serve if it is likely that as a fiduci;u) he will be engaged in
proceedings '.vhich \vould ordinarily come before him. or if the estalC. trust. or
ward becomes involved in legal proceedings in the court to which he serves or
one under its appellate jurisdiction:
( i i ) whiIe actim. il'; a fiduciary a Judicial Officer is subject LI ihe sam: rcstrici ions in
financial activities which apply to him in his personal capacity.
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