CHIEF JUSTICE, PLEASE CONSIDER MY VIEWS

 

Adeladius Makwega – Mbagala

On October 5, 2026, I read an article published by the Judiciary of Tanzania, written by Eleotherius Ponera, concerning a special session of the Court of Appeal scheduled to take place in Iringa. The article was titled “Court of Appeal to Hear 59 Cases in Iringa.”

 

In summary, the article stated:

 

“The Court of Appeal is expected to hear 59 cases during a special session to be held at the High Court in Iringa from October 5 to 30, 2026. The cases comprise 24 criminal appeals, 12 civil appeals, one criminal application, and 22 civil applications.

The session will involve four Justices: Hon. Jacobs Mwambegele, Hon. Dr. Paul Kihwelo, Hon. Leila Mgonya, and Hon. Ibrahim Mzee Ibrahim. According to the report, three Justices will sit as a panel, while one Justice will sit in chambers. All four Justices will rotate their responsibilities according to the case schedule.”

 

Indeed, the Judiciary of Tanzania continues to carry out its important responsibility of hearing and determining cases. However, after reading this report, I found myself with several questions, particularly concerning the allocation of responsibilities among the Justices mentioned.

 

What prompted me to reflect more deeply was the appointment of Hon. Jacobs Mwambegele as the presiding Justice of the panel.

 

I wondered why this responsibility had been assigned to him rather than to another Justice among those listed. My questions arise from my concern about the importance of safeguarding public confidence in the Judiciary of Tanzania, particularly the Court of Appeal.

Fifty-nine cases are a substantial number.

Each case may have significant consequences for the parties involved, and judicial decisions play a vital role in protecting rights and strengthening public trust in the justice system.

For this reason, I felt it was important to reflect carefully on how responsibilities are allocated during this session.

 

In my view, the responsibility of presiding over the panel could perhaps have been assigned to another Justice among those mentioned. Nevertheless, I recognise that the allocation of judicial responsibilities must take into account the established procedures and criteria governing the Judiciary.

As I continued reflecting on the matter, I revisited a part of the report that gave me some reassurance. The Registrar serving at the Court of Appeal, Hon. Dianess Lyimo, explained that all four Justices would rotate their responsibilities according to the case schedule.

 

This statement led me to wonder whether the arrangement would allow all the Justices to participate in the various responsibilities of the session in accordance with judicial procedures.

 

My Reflections on Justice Mwambegele

In my reflections, I began considering Hon. Jacobs Mwambegele’s role in these proceedings, drawing on the biblical example of James, the son of Zebedee, who was the brother of the Apostle John and one of the apostles of Jesus Christ.

 

I asked myself: Can Justice Mwambegele discharge his responsibilities independently, calmly, and confidently, while upholding his legal and ethical obligations within the current environment of justice administration in our country?

 

This question also led me to reflect on the other Justices mentioned in the report.

As far as Hon. Dr. Paul Kihwelo and Hon. Leila Mgonya are concerned, I have no particular reservations. I recognise that they, too, have a duty to perform their judicial responsibilities in accordance with the law and the ethical standards of the Judiciary.

 

Regarding Hon. Ibrahim Mzee Ibrahim, whom I do not know personally in any great detail, I believe that he, too, should discharge his responsibilities according to the same principles of justice, integrity, and accountability.

 

However, my position is not that any Justice should be judged by name, personal history, or an individual's feelings. What I wish to see is every Justice working in an environment that enables them to fulfil their duties independently, with integrity and confidence, in accordance with the law.

 

When I use the example of a tree that needs watering and care to grow well, I mean that every institution requires a supportive environment to perform its responsibilities effectively. In the same way, I believe it is important for the Judiciary to ensure that responsibilities are allocated with due regard to the interests of justice and public confidence in every Justice.

 

Furthermore, questions concerning a Justice's age, length of service, possible retirement, and concerns expressed by members of the public should be considered on the basis of accurate information and the applicable judicial procedures.

 

At the same time, I believe the Judiciary should carefully consider public concerns about each Justice and the responsibilities assigned to them. The conduct of every judicial officer, whether within or outside the courtroom, should inspire public confidence and withstand reasonable questions about their actions and decisions.

 

Where concerns arise regarding the allocation of judicial responsibilities or the circumstances under which a Justice performs their duties, I believe such concerns should be assessed objectively, based on evidence, the law, and the relevant procedures.

 

My Appeal to the Chief Justice

 

Dear reader, these are my personal views concerning the Judiciary of Tanzania, particularly the Court of Appeal. I have decided to put them in writing after reading the report about the special session scheduled to hear 59 cases in Iringa.

 

I wish to emphasise that my intention is to express my views on how this important institution can be strengthened in our country. The Judiciary is a fundamental pillar in protecting the rights of citizens, and public confidence in this institution deserves the highest priority.

 

Therefore, with great respect, I appeal to the Chief Justice of the United Republic of Tanzania to receive these views and, as deemed appropriate, consider them in consultation with the relevant advisers.

 

I aspire to see the Judiciary of Tanzania continue to grow stronger by discharging its responsibilities independently, with integrity, transparency, and professionalism, so that citizens may continue to have confidence in it.

I also believe that every magistrate, jurge and Justice has a personal and professional responsibility to ensure that their actions, whether inside or outside the courtroom, can withstand reasonable scrutiny and give rise to questions that can be answered satisfactorily. Judicial conduct should consistently reflect the principles of fairness, accountability, and the rule of law.

 

Chief Justice, I respectfully ask you to consider my views. My objective is to see the Judiciary of Tanzania remain strong in protecting justice and upholding the rule of law throughout the country.

I wish you a pleasant day.

makwadeladius@gmail.com 0717649257