Monica Mnanka: Following Laws Essential for Seeking Justice in TZ

The Commission for Human Rights and Good Governance (CHRAGG) in Tanzania has issued a crucial call for citizens to adhere strictly to established laws and procedures when seeking and claiming their rights. This directive underscores Tanzania's commitment to upholding the rule of law and ensuring that justice is pursued through legitimate channels. The statement, made by CHRAGG's Director of Public Education, Communication, Research and Documentation, Monica Mnanka, highlights the nation's progress in protecting human rights through national laws, ratified international agreements, and extensive public education initiatives. It serves as a reminder to legal professionals and the public alike about the importance of due process and the proper utilization of the country's robust, albeit sometimes challenging, justice system.

The Commission for Human Rights and Good Governance (CHRAGG) in Tanzania recently reiterated a fundamental principle of any democratic society: the imperative to follow established laws and procedures when seeking and claiming rights. This pronouncement, delivered by Monica Mnanka, CHRAGG’s Director of Public Education, Communication, Research and Documentation, during the 50th Dar es Salaam International Trade Fair, is not merely a procedural reminder but a reinforcement of the rule of law in Tanzania. It signals the government's ongoing commitment to a structured and orderly approach to justice, emphasizing that while rights are fundamental, their enforcement must occur within the prescribed legal framework.

This article will delve into the legal and institutional landscape that underpins CHRAGG's call, examining the constitutional provisions, statutory instruments, and judicial structures designed to facilitate access to justice in Tanzania. It will explore the mandate of CHRAGG, the various avenues available for redress, and the challenges that necessitate such public education campaigns. For legal practitioners, understanding these established pathways and the rationale behind their strict adherence is paramount to effectively advising clients and contributing to a just society.

The legal framework for human rights and access to justice in Tanzania is robust, anchored in its Constitution and supported by various statutes and institutions. The Commission for Human Rights and Good Governance (CHRAGG) itself is an independent government institution established under Article 129 of the Constitution of the United Republic of Tanzania (1977), and further regulated by the Commission for Human Rights and Good Governance Act, 2001 (Chapter 391 R.E. 2023). Its broad mandate includes promoting, protecting, and preserving human rights, as well as overseeing the principles of good governance in both Mainland Tanzania and Zanzibar. CHRAGG also functions as an ombudsman, investigating complaints of human rights violations and contraventions of administrative justice principles.

At the core of Tanzania's justice system is the Constitution of the United Republic of Tanzania, 1977, which enshrines fundamental rights and duties. Article 13 explicitly guarantees equality before the law and protection from discrimination for all persons. Crucially, Article 13(3) stipulates that the civic rights, duties, and interests of every person and community shall be protected and determined by courts of law or other state agencies established by or under the law. Furthermore, Article 13(6)(a) ensures the right to a fair hearing and legal remedy when an individual's rights and duties are being determined by courts or other agencies. This constitutional bedrock establishes the judiciary as an independent pillar of the state, mandated to interpret and apply the laws without fear or favour.

The Tanzanian judicial system operates on a four-tier hierarchical structure: Primary Courts, District Courts and Resident Magistrates’ Courts, the High Court, and the Court of Appeal of the United Republic. Each level has defined jurisdictional limits, ensuring a structured approach to dispute resolution. Complementing these formal judicial avenues, the Legal Aid Act, 2017 (Chapter 21 R.E. 2023), plays a vital role in enhancing access to justice, particularly for indigent persons. This Act regulates and coordinates the provision of legal aid services, recognizing the crucial role of paralegals and broadening legal representation to both civil and criminal cases, thereby ensuring that financial constraints do not entirely bar access to legal recourse.

CHRAGG's emphasis on adhering to established laws and procedures is a critical reinforcement of the principle of legality, which is fundamental to the rule of law. Bypassing formal channels can undermine the integrity of the justice system, lead to arbitrary outcomes, and erode public trust. The structured judicial hierarchy in Tanzania provides clear avenues for seeking redress, starting from the Primary Courts, which handle customary and Islamic law matters, as well as minor criminal and civil cases. Appeals from Primary Courts can proceed to District Courts or Resident Magistrates’ Courts, which also exercise original jurisdiction over a broader range of matters. The High Court of Tanzania, established under Article 108(1) of the Constitution, possesses both original and appellate jurisdiction, including specialized divisions like the Commercial Division for cases of commercial significance. The apex of this system is the Court of Appeal, the final appellate judicial body with jurisdiction over the entire union.

Beyond the formal court system, administrative bodies like CHRAGG itself offer crucial non-judicial mechanisms for redress. CHRAGG is empowered to receive allegations and complaints regarding human rights violations and to conduct inquiries into matters involving the contravention of administrative justice principles. This dual role as a human rights commission and an ombudsman provides an important avenue for citizens to seek justice, particularly in cases involving state agencies or public officials. The existence of such diverse mechanisms underscores the breadth of options available, provided they are utilized correctly.

However, challenges persist in ensuring universal adherence to these procedures. Reports indicate limitations in prompt access to counsel, especially in rural areas, and a general lack of awareness among accused persons regarding their rights. There have also been concerns about corruption in lower courts, which might tempt individuals to seek informal or illicit shortcuts, thereby circumventing due process. Furthermore, the significant powers of the Director of Public Prosecutions (DPP) to withdraw criminal cases, even without explicit victim consent, can sometimes undermine individual efforts to pursue justice through the criminal system. These systemic issues highlight the ongoing need for public education and institutional strengthening.

In response to these challenges, CHRAGG actively engages in public education initiatives, conducting training programs for various groups, including police officers, journalists, councillors, and students. The Commission also leverages diverse media platforms, such as radio, television, and Short Message Services (SMS), to disseminate human rights education and encourage the reporting of violations. These efforts are vital in bridging the knowledge gap and fostering a culture where citizens are not only aware of their rights but also understand the proper, legal channels for their enforcement. The Legal Aid Act, 2017, further supports these efforts by formalizing and expanding legal aid services, ensuring that even indigent persons can access legal advice, assistance, and representation, thereby reducing the temptation to bypass formal procedures due to financial constraints.

CHRAGG's call for adherence to established laws and procedures in seeking justice is a timely and essential reminder for all stakeholders in Tanzania's legal ecosystem. It underscores the foundational principle that a robust and fair justice system relies on the consistent application of due process by both claimants and institutions. While Tanzania has made significant strides in establishing a comprehensive legal framework for human rights and access to justice, including an independent judiciary and progressive legal aid provisions, ongoing efforts are crucial to ensure these mechanisms are effectively utilized and respected.

For legal practitioners, this means a continued responsibility to educate clients on the proper legal pathways, to advocate for the efficient and impartial functioning of the courts and administrative bodies, and to leverage provisions like the Legal Aid Act, 2017, to ensure access for all. Practitioners should remain vigilant in identifying and addressing systemic challenges that might deter individuals from following due process. Moving forward, continued investment in public legal education, strengthening judicial and administrative accountability, and fostering greater public trust in formal justice mechanisms will be paramount to realizing the vision of a society where justice is not only accessible but also equitably and lawfully pursued.