Weak links delay justice, warns CJ

DODOMA: CHIEF Justice George Masaju has warned that weaknesses at any stage of Tanzania’s criminal justice system contributes to delay the delivery of justice, calling for closer coordination among police, prosecutors, courts and correctional institutions to ensure cases are handled promptly.

Speaking at the close of a conference on institutional cooperation in the administration of justice in Dodoma, Justice Masaju said the criminal justice system functions as an interconnected chain in which, every institution has a role to play in ensuring timely delivery of justice.

“Criminal justice is one system made up of many institutions, but with one goal, to ensure that justice is obtained as promptly as possible,” Justice Masaju said. He added: “We must, therefore, discuss the entire system because a weakness in one link of the criminal justice chain can delay justice throughout the system.”

Justice Masaju said justice should not be viewed as the responsibility of a single institution but as a shared duty requiring police, investigative agencies, prosecutors, courts and correctional institutions to work together in accordance with the Constitution and laws of Tanzania.

He said criminal cases do not begin when they reach police stations or courtrooms, but in communities where alleged offences occur, before proceeding through investigation, prosecution, trial and, where applicable, correctional institutions.

Delays or inefficiencies at any stage before cases reach the courts, he said, can affect the Judiciary’s ability to deliver justice promptly.

Drawing on a biblical analogy of the human body, Justice Masaju said institutions performing different roles should not compete over which is more important because each contributes to the effectiveness of the entire system.

“The eyes cannot claim to be better than the foot, and those parts that appear weaker may in fact be indispensable,” he said.

He said the rule of law remains the foundation of an organised society, adding that Tanzania’s constitutional framework firmly protects the principle.

Justice Masaju’s remarks are in line with the direction taken by the Presidential Commission on Criminal Justice Reforms, which was established by President Dr Samia Suluhu Hassan in 2022 and submitted its report in 2023 after reviewing the performance of justice institutions across the country.

The commission, chaired by retired Chief Justice Mohamed Othman Chande, found that challenges in the criminal justice chain extend beyond the courts, covering crime prevention, investigation and arrests, prosecution, adjudication, imprisonment and the reintegration of offenders into society.

It recommended stronger coordination among justice institutions, improved accountability and greater emphasis on preventing crime before offences occur.

Justice Masaju also urged institutions across the criminal justice chain to prepare for the anticipated El Niño rains by strengthening their infrastructure to ensure that courts and other justice facilities remain operational during periods of heavy rainfall.

The Judiciary has previously linked stronger cooperation among justice institutions to broader efforts to improve judicial efficiency, including implementation of recommendations from the Presidential Commission on Criminal Justice Reforms as part of ongoing reforms in the justice sector.

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