code of conduct the black one

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C(}DF: OF CONDUCT FOR JUDICIAL

OFFICERS OF TANZANIA


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CODE OF CONDUCT FOR JUDICIAL OFFICERS OF

ThNZANIA

Whereas an independent, strong, and respected and respectable Judiciary is indis-

pensable Jor the impartial administration of Justice in a democratic state.

And whereas a Judicial Officer should therefore actively participate in establishing,maintaining and enforcing, and himself observing, high standards of conduct so that the

integrity and respect for the independence of the Judiciary is preserved:

And whereas the Judicial duties of a Judicial Officer, which include all the duties of his

office prescribed by law, take precedence over all his other activities:

And whereas it is desirable that standards of conduct which a Judicial Officer should

observe be prescribed and published for the information ofthe Judicial Officer himself and

the public in general so that the objectives set out in this preamble may be achieved:

Therefore, the Judges' and Magistrates' Conference held at Arusha from 15th to 16th

March, 1984, hereby adopt this Code of Conduct for Judicial Officers of Tanzania.

(i) In this Code the term "Judicial Officer" shall mean and include any Judge and

Magistrate of ,my description employed or appointed in the Judicial Department

of Tanzania.

(ii) The Code shall have applications to Tanzania Mainland only.

(iii) Violation of any of the rules contained in this Code shall constitute Judicial

misconduct or misbehaviour and may entail disciplinary action.


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A Judicial Officer should avoid impropriety and the appearance of

impropriety in all his activities

A Judicial Officer should respect and comply with the laws of the land and should

conduct himself at all times in a manner that pwmotes public confidence in the integrity

and imparticiality of the Judiciary. He would therefore be undermining these values ifhe

allowed Iris family, social or other relationships to influence his Judicial conduct andjudge-

ment, ifhe lent the prestige of his office to advance the private interests of others, i.e; by

voluntarily testifYing as to their character or by standing surety unless he is required by

law so to do. In sum a Judicial Officer should not conveyor permit others to convey the

impression that they are in a special position to influence him.

(1) A Judicial Officer should be true and faithful to the law and should acquire and

maintain such professional competence in it as to enable him m;hieve. its proper and

smooth adnrilristration.

(2) In Judicial proceedings before him a Judicial Officer should maintain order and

decorum.

(3) A Judicial Officer should be patient, dignified and courteous to accused per-

sons and litigants, assessors, witnesses, lawyers, and all others with whom he has to deal

in his official capacity and should require similar conduct oflawyers, his staff, and others

subject to his direction and control.

(4) A Judicial Officer should accord to every person who is legally interested in a

proceeding, or his legal representative full right to be heard according to law. and except

as authorized by law, neither initiate nor consider ex-parte or other communications con-

cerning a pending or impending proceeding. This, however, does not preclude a JudicialOfficer from consulting with other judicial officers and other persons whose function is to

aid him in carrying Ollt his adjudicative duties or, subject to adequate notice, from obtain-

ing the advice and views of disinterested expert on legal issues as an amicus curiae.


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(5) A Judicial Officer should dispose of promptly the business of Court. In order to

achieve this the Judicial Officer is required to devote adequate time to his duties, to be

punctual in attending Court and expeditions in bringing to a conclusion and determining

matters under submission. A Judicial Officer should insist that Court Officials, accused

persons, litigants and their lawyers co-operate with him to that end.

(6) A Judicial Officer should abstain from comment about a pending or impending

proceeding in any Court in this country, and should require similar abstention on the part

of court personnel subject to his direction and control. This provision does not prohibit a

Judicial Officer from making statements in the course of his official duties or from explain-ing for explaining for public or private information the procedure of the court provided

such statements are not prejudicial to the integrity of the Judicial and the administration of

justice.

(1) As temperate conduct ofjudicial proceedings is essential to the fair, administra-

tion of justice, a }11cJicialOfficer should prohibit broadcasting, televising, recording of or

photographing in the court room and areas immed 1atelyadjacent thereto during sessions

of COUll or recesses between sessions in order to prevent the distortion or dramatisation

of the proceedings by such recording or reproduction. But a Judicial Officer may autho-rize:

(a) The use of electronic or photographic means for the presentation of evidence,

for the perpetuation of record or for other purposes of Judicial administration;

(b) the broadcasting, televising, recording or photographing of investitive and

other ceremonial proceedings;

(c) the photographic or electronic recording and reproduction of appropriate court

proceedings under the following conditions:

(i) the means of recording will not distract participants or impair the dignity

of the proceedings;

(ii) the reproduction will not be exhibited until after the proceedings have

been concluded and all direct appeals have been exhausted.

1 . A Judicial Officer should diligently discharge his administrative duties, main-

tain professional competence in judicial administration ,md facilitate the performance of

the- '1(hl1jni,tr~tive duties of otherjlldici


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(b) "fiduciary" includes such relationships as executor, administrator, trustee

and guardian;

(c) "financial interest" means ownership of a legal or equitable interest, how-

ever small, or other active participant in the affairs of a party except that:

(i) ownership in a mutual or common investment fund which holds secu-rities. is not a "financial interest" in such securities" in such securities

unless the Judicial Officer participates in the management of the fund;

(n) an office in an educational, religious, charitable, fraternal or civic orga-

nization is not a "financial interest" in securities held by the organiza-

tion;

(ill) the proprietory interest of a policy holder in a mutual savings society

or silnilar proprietory interest, is a ''financial interest" in the organiza-

tion only if the outcome of the proceedings could substantially affect

the vnIne of the interest:(iv) ownership of govenunent securities is a "financial interest" in the

issues only if the outcome of t . . . ' l c proceedings could substantially

affect the value of the st:curitics.

A Judicial Officer disqualified by the temlS of Rule 2c (1) or Rule 2c (I ) (d) may instead

of withdrawing from the proceedingsdisc1ose on the record the basis of his disqualifica-

tion. Ifbased on such disclosure, the parties, their representatives and/or their lawyers,independently of the Judicial O fficer participation, all agree that the Judicial O fficers rela-

tionship is immaterial or that his financial interest is insubstantial, the Judicial Officer is no

longer disqualified and may participate in the proceedings. The consent by the parties,

their representatives and/or their lawyers shall be recorded and shall form part of the

record of proceedings.

A Judicial OffICer may engage in activities to improve the Law, the Legalsystem andtheAdministration of Justice

A Judicial Officer, subject to the proper performance of his judicial duties, may engage

in the followingquasijudical activities if in doing so he does not cast doubt on his capacity

to decide impartially issue that may come before him.


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B. He may appear at a public hearing before an executive of legislative body or

official on matters concerning the law, the legal system and the administration

of justice, and he may otherwise consult with an executive or legislative body

or official, but only on matters concerning the administrative of justice.

C He may serve as a member,. officer or director of an organization or government

agency devoted to the improvement of the law, the legal system, or the admin-

istration or justice. He may assist such an organization in raising funds and

may participate in their management and investment. He may make recommen-

dations to public and private fund granting agencies or projects and programmes

concerning the law, the legal system and the administration of justice.

A Judicial Officer should regulate his Extra-Judicia/Activities to minimise

the risk of conflict with his Judicial duties

A AvocationalActivities - A Judicial Officer may write, lecture, teach and speak on

legal subjects, and engage in the arts, sports and other social and recreatio:pal activi-ties, if such avocational activities do not adversely affect the dignity of his office or

interfere with the performance of his judicial duties. This rule is meant to keep Judicial

Officers, within dignified limits as a part and parcel of the society in which they live

so that they are not isolated from it.

B Civic and CharitableActivities - A Judicial Officer may participate in civic and

charitable activities that do not reflect adversely upon his impartiality or interfere

with the performance of his judicial duties. He may therefore serve as an officer,director, trustee, or non-legal advisor of an educational, religious, charitable, frater-

nal, or civic organization not conducted for the economic or political advantage of its

members subject to the condition that he should not serve if it is likely that the

organization will be engaged in proceedings which would ordinarily come before him

or will be regularly involved in legal proceedings in any court.


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grandchild, parent, grandparent. or other relative or person with whom the Judicial Officer

maintains a close farniliar relationship. In this capacity, i.c.. family fiduciary. a Judicial

Officcr is subject 10 the follo\viug conditions:

(i) he should not serve if it is likely that as a fiduci;u) he will be engaged in

proceedings '.vhich \vould ordinarily come before him. or if the estalC. trust. or

ward becomes involved in legal proceedings in the court to which he serves or

one under its appellate jurisdiction:

( i i ) whiIe actim. il'; a fiduciary a Judicial Officer is subject LI ihe sam: rcstrici ions in

financial activities which apply to him in his personal capacity.


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code of conduct the black one

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