United Republic of Tanzania’s Constitution of 1977 with Amendments through 2005

Judicial Independence

 
Preamble. WHEREAS WE, the people of the United Republic of Tanzania, have firmly and solemnly resolved to build in our country a society founded on the principles of freedom, justice, fraternity and concord: • Reference to fraternity/solidarity AND WHEREAS those principles can only be realized in a democratic society in which the Executive is accountable to a Legislature composed of elected members and representative of the people, and also a Judiciary which is independent and dispenses justice without fear or favor, thereby ensuring that all human rights are preserved and protected and that the duties of every person are faithfully discharged: NOW, THEREFORE, THIS CONSTITUTION IS ENACTED BY THE CONSTITUENT ASSEMBLY OF THE UNITED REPUBLIC OF TANZANIA, on behalf of the People, for the purpose of building such a society and ensuring that Tanzania is governed by a Government that adheres to the principles of democracy and socialism and shall be a secular state. Article 107B. Independence of the Judiciary In exercising the powers of dispensing justice, all courts shall have freedom and shall be required only to observe the provisions of the Constitution and those of the laws of the land.
 

Judicial Council or Parallel Institution

 
Article 109. 1. There shall be a Principal Judge of the High Court (who in the following provisions of this Constitution shall be referred to as the “Principal Judge”) and other Judges of the High Court who shall be not less than thirty who shall be appointed by the President after consultation with the Judicial Service Commission.
 
Article 112. 1. There shall be an Appointments Advisory Commission for Judges and Magistrates in Mainland Tanzania which in this Constitution shall be known as the “Judicial Service Commission”.
 

Attorney General’s Office

 
Article 59. 1. There shall be an Attorney General for the Government of the United Republic, who in the subsequent Articles of this Constitution, shall simply be referred to as the “Attorney General” who shall be appointed by the President. 2. The Attorney General shall be appointed from amongst public officers qualified to perform functions of advocate or, persons who are qualified to be registered as advocates and, has continuously held those qualifications for a period of not less than ten years.