The Judiciary in Tanzania has four tiers: The Court of Appeal of the United Republic of Tanzania, the High Courts for Mainland Tanzania and Zanzibar, Magistrates Courts, which are at two levels such as, the Resident Magistrate Courts and the District Court, both of which have concurrent jurisdiction. Primary Courts are the lowest in the judicial hierarchy. These courts have different powers to hear and determine different matters on the area of responsibility. The assessors should be guided properly by the judge when performing their statutory duty. According to Section 265 of the Criminal Procedure Act (CPA), it is mandatory for the trials in the High Court to be conducted in the aid of assessors, the number of whom shall be two or more as the court thinks fit.
Table of Contents
1.0 INTRODUCTION
2.0 MEANING OF PRIMARY COURTS
2.1 MEANING OF ASSESSORS
2.2 Primary Court Has Original Jurisdiction on Civil and Criminal Matters
2.2.1 under civil matters,
2.2.2 under criminal matters
3.0 ASSESSORS IN THE PRIMARY COURT
3.1 The assessors have equivalent and complementary powers to those of the magistrate,
3.2 Assessors are judges of both fact and law,
4.0 ROLE OF ASSESSORS IN THE COURTS OF TANZANIA
4.1.1 They are intended to assist the magistrate in interpreting the facts of the case before the court
4.1.2 They are representatives of the public
4.1.3 They have acted as the consultants in matters of customary law
4.1.4 Opinion and vote of assessors recorded by magistrate
4.2 THE EXCEPTION TO GENERAL RULE OF BINDING NATURE THE OPINION OF ASSESSORS
5.0 THE HIGH COURT
5.1 Trial in the high court takes place before a judge and assessors.
5.2 When a trial is to be determined with the assistance of assessors
5.3 Summing up to Assessors
5.4 Opinion of Assessors
5.5 Conclusion of hearing in high Court
6.0 THE DIFFERENCE BETWEEN ASSESSORS IN PRIMARY COURT AND OTHER COURT
6.1 THE SIMILARITIES BETWEEN THE ROLE OF ASSESSORS IN PRIMARY COURT AND OTHER COURTS
7.0 CONCLUSION
Research Objectives and Themes
The primary objective of this work is to examine the legal framework and practical functions of court assessors within the judicial systems of Tanzania, specifically highlighting the differences and similarities between their roles in Primary Courts versus the High Court. The research explores how assessors assist magistrates and judges in interpreting facts, customs, and laws, while addressing the binding or non-binding nature of their opinions.
- Legal status and jurisdictional roles of Primary Courts.
- Statutory responsibilities and qualifications of court assessors.
- Procedural significance of assessor opinions in both Primary and High Courts.
- Case law analysis regarding assessor involvement and procedural irregularities.
- Distinctions in the decision-making authority of assessors across different court tiers.
Excerpt from the Book
3.0 ASSESSORS IN THE PRIMARY COURT
However on proceedings, a primary court magistrate has to seat with not less than two assessors and their absence is fatal and it can invalidate the whole proceedings and decision. So, a primary court magistrate has to adhere to Section 7ofthe Magistrates’ Courts Act. Also there are many cases decided by the superior courts on the importance of assessors in a primary court. 3.1 The assessors have equivalent and complementary powers to those of the magistrate, This are among the very important reasons for the assessors in the primary and this equivalent and complementary discussed in the caseof Mariam Ally Ponda v Kherry Kissinger Hassan, in this case among other things, the court held that, “assessors in the primary court have equivalent and complementary powers to those of the magistrate”.
3.2 Assessors are judges of both fact and law, Through this reasons they were necessary when customary law was strictly applied the fact that codification of customary law has been effected makes the position of the assessors as expounders of customary law redundant.Magistrate summing up to assessors Judgment signed by magistrate but not by assessors this was discussed in the case of Mohamed S. Amiri v Saidi Ngapwela, Held that, These are mandatory provisions intended to emphasize the role of assessors in Primary Courts as members of the court and not just simple assessors assisting the court.
Summary of Chapters
1.0 INTRODUCTION: Provides an overview of the four-tier judicial hierarchy in Tanzania and the specific position of Primary Courts within it.
2.0 MEANING OF PRIMARY COURTS: Defines the establishment and jurisdiction of Primary Courts, focusing on civil and criminal matters and the role of the presiding magistrate.
2.1 MEANING OF ASSESSORS: Explains the definition and requirements for individuals serving as assessors in the court system.
2.2 Primary Court Has Original Jurisdiction on Civil and Criminal Matters: Details the specific legal scope of Primary Courts regarding customary and Islamic law.
3.0 ASSESSORS IN THE PRIMARY COURT: Discusses the mandatory presence of assessors and their role as judges of fact and law.
4.0 ROLE OF ASSESSORS IN THE COURTS OF TANZANIA: Outlines the three broad functions of assessors: interpreting facts, representing the public, and consulting on customary law.
4.2 THE EXCEPTION TO GENERAL RULE OF BINDING NATURE THE OPINION OF ASSESSORS: Analyzes the conflict resolution mechanism between magistrates and assessors.
5.0 THE HIGH COURT: Examines the establishment, jurisdiction, and the specific role of assessors in High Court trials.
6.0 THE DIFFERENCE BETWEEN ASSESSORS IN PRIMARY COURT AND OTHER COURT: Contrasts the binding nature of assessor opinions in Primary Courts against the non-binding nature in other courts.
6.1 THE SIMILARITIES BETWEEN THE ROLE OF ASSESSORS IN PRIMARY COURT AND OTHER COURTS: Highlights commonalities, such as assisting judges in decision-making and acting as consultants.
7.0 CONCLUSION: Summarizes the essential contribution of assessors to the judicial process in Tanzania.
Keywords
Assessors, Primary Court, High Court, Magistrate, Judicial Hierarchy, Customary Law, Islamic Law, Legal Proceedings, Tanzania Judiciary, Trial Procedure, Binding Opinion, Statutory Duties, Court Jurisdiction, Evidence, Verdict.
Frequently Asked Questions
What is the primary focus of this work?
This work explores the legal status, statutory roles, and procedural functions of court assessors within the Tanzanian judicial system, with a focus on both Primary Courts and the High Court.
What are the central thematic areas covered?
The main themes include the jurisdictional authority of Primary Courts, the advisory role of assessors in interpreting customary law, and the procedural requirements for assessor involvement in trials.
What is the primary research objective?
The objective is to explain how assessors influence court decisions and to clarify the legal differences between the binding opinions in Primary Courts and the advisory opinions in the High Court.
Which scientific method is utilized?
The work employs a doctrinal legal research method, relying on statutory analysis (e.g., Magistrates' Courts Act, Criminal Procedure Act) and judicial precedent from various Tanzanian court cases.
What is addressed in the main body?
The main body covers the hierarchy of courts, the qualifications of assessors, their role as advisors on customs and facts, and the legal consequences of their absence or irregular participation in trials.
Which keywords best characterize this work?
Key terms include Assessors, Primary Court, High Court, Customary Law, Jurisdiction, and Legal Proceedings.
How do assessors in the Primary Court differ from those in the High Court?
In the Primary Court, assessor opinions are binding on the magistrate, whereas in the High Court, their opinions are advisory and non-binding on the judge.
Why is the presence of assessors considered mandatory in certain trials?
Statutory provisions, such as Section 7 of the Magistrates' Courts Act, dictate that a Primary Court must sit with assessors; their absence is considered fatal to the validity of the proceedings.
- Arbeit zitieren
- Datius Didace (Autor:in), 2021, The Opinion of Assessors in Primary Court and Other Courts in Tanzania, München, GRIN Verlag, https://www.grin.com/document/1164803
