The Parliament has warned all institutions,
government executives or media from discussing or publishing allegations on
unqualified judges as leveled against them by a Member of Parliament for
Singida East constituency Hon. Tundu Lissu
in the national Assembly recently.
 |
| Retired Brigadier general Hassan Ngwilizi |
Speaking at a press conference
yesterday, the chairperson of the Parliamentary privileges, ethics and powers
committee Retired Brigadier general Hassan Ngwilizi said that the move was
taken so as to stop interfering with the ongoing investigations by the
committee.
In the recent ended parliament, Tundu
Lissu who is also the advocate of the high court of Tanzania said that some
judges were appointed to serve the High Court who were unqualified, who are too
ill to serve in any capacity, judicial or otherwise; or who are too tired,
having served the country in other capacities, to be of any use as Judges.
The committee chairman Ngwilizi, said
that no one institutions, government executives or media should debate any more
on the matter because it was been investigated by the committee.
He said that the three estates have their own roles and
mandate and therefore one should not interfere with the ongoing investigations
until when the committee gives out its final report.
However, commenting on the
matter, the Tanganyika Law Society (TLS) swiftly countered the committee saying
its statement aimed at violating the constitution as any investigation
involving the judges is done by the president and not the parliamentary
committee.
TLS President Francis Stolla However,
he scoffed at the committee directive of banning media from reporting the
matter saying the media can continue reporting it provided materials published
do not suggest the outcome or the results of the inquiry committee.
He said that the committee should
advice the president to forms a special independent committee comprising of not
less than three judges of the high court or court of appeal and other judges
whose number not less than half should be drawn from the common wealth
countries.
He said the Parliament committee
has no mandate whatsoever to investigate the conduct of the judges or Tundu
Lissu because by doing so, it will be contempt of the special commission
which the president is supposed to appoint
to investigate the matter.
During the last parliamentary debate
on the budget of the Ministry of justice
and constitutional Affairs held on 13
July 2012, Hon Tundu Lissu leveled serious allegations saying the
judiciary was flooded with persons appointed Justices of the high court who do
not qualify.
He also, in different occasions, called
for immediate resignation of all unqualified judges and justices appointed by
the President and who continue to serve contrary to the Constitution saying the
judiciary can not dispense people rights and justice while it was flooded with
judicial mediocrity.
For example presenting a paper at the Half Annual
General Meeting of the Tanganyika Law Society Held at the Arusha International
Conference Centre recently, Lissu said their resignation should be followed by
an open, independent and transparent investigation of why things were allowed
to go so horribly wrong for so long.
He said even though the President
is obligated to receive advice from the Judicial Service Commission, itself
made up of presidential appointees, when appointing Judges of the High Court;
or of the Chief Justice when appointing Justices of the Court of Appeal, recent
revelations have shown a scandalous disregard for the Constitution when making
such appointments.
For example he said there were
persons appointed Judges of the High Court who have previously been caught with
their ethical pants down; or who cannot string together two sentences in
straight English; or who are too ill to serve in any capacity, judicial or
otherwise; or who are too tired, having served the country in other capacities,
to be of any use as Judges.
“In addition, we have contract
Judges when our Constitution provides for tenured Judges. Indeed, we have
persons appointed Judges and Justices who may have committed serious crimes
such as bribery or forgery of personal records in order to qualify for
appointment. In short, we have on the Bench many persons who should never have
gone anywhere near our Judges chambers” he said.
These facts have been fairly well
known within the government, the Judiciary itself and, I dare say, within the
Bar. They have been the subject of considerable soul-searching and
hand-wringing within the corridors of judicial and executive power at the highest
levels” he added.
Quoting William Rivers Pitt, the
American author, Lissu said silence was the greatest sedition and that silence
in the face of the greatest attack on the integrity of the Judiciary was the
complicity in the crimes of the cabal.
“... These Judges perform the duties of a
Judge contrary to the Constitution hence all duties they have previously
performed and currently continue to perform ... have no legal validity
whatsoever. It is as if the said duties were performed by any other employee
who does not hold the office of Judge.”[1] He
said quoting the high-level Task
Force appointed in 2008 to inquire into the matter.
He said the President should immediately
rescind the contracts involving those Judges because they have serious consequences
to the judiciary and the society at large.
Ends.
By Mirror Digest Reporter
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