Constitutional protection of independence of the Judiciary in Tanzania: a Survey of the Constitution of Tanzania

This study examines Chapter V of the Constitution of the United Republic of Tanzania 1977 which establishes the judicature and the Judicial Service Commission and makes a thorough scrutiny of the constitutional guarantees of independence of the judiciary and examines whether they are well drafted to ensure and guarantee independence of the judiciary despite the fact that constitutional guarantees alone do not necessarily suggest the existence of an independent judiciary. Documentary review was entirely employed in undertaking the study due to the fact that a lot has been written about the subject and more important time and financial constraints necessitated the method. The study has established that the provisions of Chapter V are poorly framed and drafted and do not assure both institutional independence of the judiciary and personal independence of the judges. The way the provisions are drafted gives the executive unwarranted chances to manipulate with the provisions and make independence of the judiciary remain in the letters of the Constitution. The study has dealt with the appointment and removal of the Chief Justice; the appointment and removal of judges and the membership of the Judicial Service Commission. Indeed, all these areas and their respective provisions have the inherent features for undermining independence of the judiciary. The study has provided several recommendations. It suffices here to say that the general recommendation is that the Chapter establishing the judicature needs overhauling because the phraseology of the provisions does not ensure or rather promise the existence of an independent judiciary in Tanzania.