MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS

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Unblocking the Road to Timely Justice for All Review of the Legal Sector Reform Programme May 2008. TABLE OF CONTENTS,Table of Contents 2,Abbreviations 3. PART 1 Background to the Legal Sector Reform Programme 6. PART 2 Summary of Approach and Key Findings 12,PART 3 General Findings 13. Non State Actors in the Legal Sector Reform Programme 21. Mainstreaming Gender in Legal Sector Reform Programme 25. Planning Budgeting Procurement and Other Financial Matters 27. Programme Co ordination Monitoring and Evaluation 41. PART FOUR Key Conclusions and Recommendations 48,NSA Participation in the LSRP 57. Gender Mainstreaming 60,Financial Management Manual 62. Programme Coordination Monitoring and Evaluation 63. GBS Performance Indicators to Foster Government Ownership and. Leadership 67, APPENDIX I Progress Made in Each Key Result Area KRA 69.
APPENDIX II Terms of Reference for the Legal Sector Reform Programme. Annual Review 2008 76, APPENDIX III Literature Documents and Legislation Available to. the Review Team 81, APPENDIX IV List of Interviewees who Talked to the Review Team 84. APPENDIX V Participants at the Stakeholder s Annual Review Workshop. Dar es Salaam 12th May 2008 92, APPENDIX VI KRA Progress to Date Reported Against MTS April 2008 95. Unblocking the Road to Timely Justice for All Review of the Legal Sector Reform Programme May 2008. ABBREVIATIONS,ASDP Agricultural Sector Development Programme. BEST Business Environment Strengthening for Tanzania. BOT Bank of Tanzania,BRC Belgian Technical Cooperation.
BRELA Business Registration and Licensing Agency,BRU Better Regulation Unit. CAG Controller and Auditor General,Cap Chapter of the Laws. CBA Canadian Bar Association, CCBRT Comprehensive Community Based Rehabilitation in Tanzania. CDR Commercial Dispute Resolution, CHRGG Commission for Human Rights and Good Governance. CIDA Canadian International Development Agency,CLE Council for Legal Education.
CQS Consultants Qualification Selection,CSOs Civil Society Organisations. DCI Director of Criminal Investigation,DFID Department for International Development. DPP Director of Public Prosecutions,DPs Development Partners. FY Financial Year,GBS General Budget Support,GTZ German Technical Cooperation. IBRD International Bank for Reconstruction and Development. IC Individual Consultant,ICB International Competitive Bidding.
ICB International Competitive Bidding,IDA International Development Association. IJA Institute of Judicial Administration Lushoto,IMTC Inter Ministerial Technical Committee. ISA International Auditing Standards on Auditing, JPIRC Joint Programme Implementation and Review Committee. KRA Key Result Area,LCS Least Cost Selection,LGRP Local Government Reform Programme. LHRC Legal and Human Rights Centre,LRC Law Reform Commission.
LSRP Legal Sector Reform Programme,LST Law School of Tanzania. Unblocking the Road to Timely Justice for All Review of the Legal Sector Reform Programme May 2008. LSWG Legal Sector Working Group,M E Monitoring and Evaluation. MCA Millennium Challenge Account,MDA Ministries Departments and Agencies. MoFEA Ministry of Finance and Economic Affairs,MoHSW Ministry of Health and Social Welfare. MoJCA Ministry of Justice and Constitutional Affairs. MoU Memorandum of Understanding,MTEF Medium Term Expenditure Framework.
MTS Medium Term Strategy, MUCCoBS Moshi University College of Cooperative and Business Studies. NCB National Competitive Bidding,NGOs Non Governmental Organisations. NOLA National Organisation for Legal Assistance,NPS National Prosecution Service. NSAs Non State Actors, OECD Organisation for Economic Cooperation and Developement. OUT Open University of Tanzania,PCCB Prevention and Combat of Corruption Bureau.
PCO Programme Coordination Office, PFMRP Public Financial Management Reform Programme. PIU Project Implementation Unit,PRSP Poverty Reduction Strategy Paper. PRSs Poverty Reduction Strategies,PSRP Public Sector Reform Programme. PSs Permanent Secretaries,QBS Quality Based Selection. QCBS Quality and Cost Based Selection,QSP Quick Start Project.
REDMA Resource Development and Management Associates. RITA Registration Insolvency Trusteeship Agency,RUCO Ruaha University College. SSS Single Source Selection,TASAF Tanzania Social Action Fund. TAWLA Tanzania Women Lawyers Association,TCC Technical Coordination Committee. TEA Tanzania Education Authority,TGNP Tanzania Gender Networking Programme. TLS Tanganyika Law Society,TORs Terms of Reference.
TShs Tanzania Shillings,UDSM University of Dar es Salaam. Unblocking the Road to Timely Justice for All Review of the Legal Sector Reform Programme May 2008. UNDP United Nations Development Programme,UNICEF United Nations Children s Fund. URT Govt United Republic of Tanzania Government,US United States Dollar. USAID United States Aid,WLAC Women Legal Aid Centre. Unblocking the Road to Timely Justice for All Review of the Legal Sector Reform Programme May 2008. UNBLOCKING THE ROAD TO TIMELY JUSTICE FOR ALL,FIRST ANNUAL REVIEW.
OF THE LEGAL SECTOR REFORM PROGRAMME OF TANZANIA, PART 1 BACKGROUND TO THE LEGAL SECTOR REFORM PROGRAMME. 1 A Look back into History Since independence there has been a felt need to. reform part or all of the legal sector in Tanzania In the immediate post independence. period the court system1 was integrated through the Magistrates Court Act 19632 which. ended the racially segregated colonial era court system A decade later in 1974 the Msekwa. Commission took a detailed look at the judicial system 3 But the Commission s narrow. mandate left the wider legal sector unaddressed and proposed only changes to the courts. Nonetheless the government accepted some of the recommendations of the Commission. and subsequently enacted the Criminal Procedure Act 19854 to replace the Criminal. Procedure Code Cap 20 Yet this interstitial law making left the broader need for. comprehensive review of the legal sector unmet The opportunity to take a broader view. came about in 1993 when the government appointed a high level task force headed by Mr. Mark Bomani5 former Attorney General of the United Republic of Tanzania The Task. Force finished its work in 1996 Its report was an in depth diagnostic assessment of the. challenges and problems afflicting the legal sector backed by a wide ranging menu of. remedial measures The Report s core findings which are relevant today as they were then. a Inordinate delays in resolving disputes and dispensing justice. 1 See COTRAN Eugene Integration of Courts and Application of Customary Law in Tanganyika Volume 1. East Africa Law Journal 1965 p 113 and CASTELNUOVO Shirley Legal and Judicial Integration in. Tanzania A Study of Law and Political and Social Change Ph D Dissertation University of California at Los. Angeles 1969, 2 See Magistrates Court Act 1963 Act No 55 of 1963 and Chapter 537 of the Revised Laws of Tanzania. Mainland and Magistrates Court Act 1984 Act No 2 of 1984. 3 See GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA Judicial System Review Commission of. Tanzania Dar es Salaam Government Printer 1977,4 Act No 9 of 1985. 5 UNITED REPUBLIC OF TANZANIA Financial and Legal Management Upgrading Project FILMUP Legal. Sector Report Dar es Salaam The Legal Task Force 1996. Unblocking the Road to Timely Justice for All Review of the Legal Sector Reform Programme May 2008. b Limited access to justice and legal services for the majority of the people. c Corruption and other unethical conduct and practices in the legal system. d Outdated systems and lack of responsiveness to emerging social political. economic and technological developments,e Low levels of public trust in the legal system. f Low levels competence and poor morale amongst public sector legal personnel. g Inadequate numbers of professionally trained personnel and. h Poor provision and maintenance of the work environment for most public. institutions in the legal sector, 2 The problems and challenges of the legal sector were then congealed by the Bomani.
Task Force into a comprehensive programme of reform which was subsequently adopted by. the government of the United Republic of Tanzania, 3 The Bomani Report morphs into the Medium Term Strategy MTS The. Bomani Report covered the whole legal sector which entailed an extensive as well as. expensive reform programme The initial estimates were that to implement the Task Force. reform programme on both the Mainland and Zanzibar would cost a total of US 266. million This substantial budget led to a rethink of the appropriate approach The. government decided to identify priority areas around which a small more cost effective. programme would be designed This marked the birth of the Medium Term Strategy MTS. and its Action Plan both drawing sustenance from the recommendations of the Task Force. Report The MTS estimated to cost US 41 430 663 or just over 15 of the initial cost. estimate was launched in December 1999, 4 The aspiration and vision of the Medium Term Strategy was Timely Justice for. All built around the core characteristics of i Speedy dispensation of justice ii affordability. and access to justice for all social groups iii integrity and professionalism of legal officers. iv independence of the judiciary and v a legal framework and jurisprudence of high. standards responsive to social political economic and technological trends at both national. and international levels 6 The shared mission of institutions in the sector was understood to. be the achievement of social justice and equality and rule of law through quality and. accessible legal services This mission would be driven by the shared values of fairness. 6 See MAPUNDA Benedict Thomas Legal Sector Reform in Tanzania An Examination of Development. and Status in NASSALI Maria ed Reforming Justice in East Africa A Comparative Review of Legal Sector. Processes 2008 p 99, Unblocking the Road to Timely Justice for All Review of the Legal Sector Reform Programme May 2008. basic human rights equality and social justice rule of law and integrity of legal professionals. The guiding principles would be the inalienability of basic human rights equality before the. law separation of powers protection of public interest ethical conduct of legal officers. accessibility and affordability of legal services for all citizens timely resolution of disputes. efficiency in the discharge of functions and transparency and accountability in dispensing. 5 The dearth of resources sapped the implementation of MTS in the early phase. Other policy developments moved apace Over time it became necessary to revise the MTS. to take account of the changing policy environment It was revised twice First in 2003 to. situate the objectives of the MTS within the framework of the Poverty Reduction Strategy. and to introduce activities from the Ministry of Home Affairs Police and Prisons that had. been left out of the earlier proposals Second in 2004 to incorporate the suggestions of a. government of the United Republic of Tanzania and Development Partners joint appraisal. team and take on board the views of stakeholders, 6 The Quick Start Programme To kick start the MTS it was felt that it was. necessary to foreground the larger programme with a smaller programme of quick wins. named the Quick Start Programme This would create a favourable climate for the successful. launch and implementation of the MTS A Memorandum of Understanding between the. Government of the United Republic of Tanzania and Development Partners was signed in. May 2001 and the Quick Start Project QSP itself was thus launched in October 2000 It. was intended that it should last only 20 months but later it was extended and eventually. ended on 31st December 2004, 7 The Quick Start Project had six components mirroring its six objectives These were.
i A New Legal Framework for the Legal Sector Institutions This component was meant to. update and harmonize the legal framework for the legal sector institutions in order. to match this with the reforms and the social and economic developments of the. ii Enhancing Administrative Support Division of Work and Supervision Mechanism This. component was to ease the workload of judicial officers by relieving them of. administrative duties, 7 See UNITED REPUBLIC OF TANZANIA Legal Sector Reform Programme Medium Term Strategy for Years. 2005 06 2007 08 Volume I December 2004 p 8, Unblocking the Road to Timely Justice for All Review of the Legal Sector Reform Programme May 2008. iii Enhancing Delegated Authority Retention Schemes This was intended to identify. inadequacies in the existing retention schemes and to identify measures that would. lead to improvements, iv Training Needs Assessment for the Public Legal Institutions This component would. identify the training needs in public legal sector institutions as a prelude to. development of a relevant training program, v Strengthening Juvenile Justice This component would identify and address the priority. issues to strengthen juvenile justice Indicative steps included building juvenile. courts and training of magistrates to handle juvenile cases. vi District Based Support to the Judiciary A pilot scheme in Arusha and Manyara Regions. Needs had already been identified and nature of support profiled. MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS LEGAL SECTOR REFORM PROGRAMME LSRP ZERO DRAFT Unblocking the Road to Timely Justice for All First Annual Review of the Legal Sector Reform Programme of the United Republic of Tanzania 19th May 2008

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