President Samia Suluhu Hassan received the Criminal Justice Commission’s implementation strategy report at the State House in Dodoma, on June 15, 2024.Photo:State House
President Samia Hassan Takes Firm Stand Against Lawless Officials: Adhere to Rules or Face Consequence
By Adonis Byemelwa
President Samia Suluhu Hassan has slammed regional and district commissioners for defying a crucial directive on lawful arrests, expressing her deep frustration over their impunity. Despite a 2023 circular from Chief Secretary Moses Kusiluka, these officials persist in flouting the rules, tarnishing the integrity of their roles.
Speaking from Dodoma on June 15, 2024, President Hassan’s stern message accentuates her commitment to upholding justice and accountability within the government.
The Head of State made these remarks yesterday at the State House in Dodoma while receiving a report on the implementation strategy of the Criminal Justice Commission’s recommendations.
“Quoting the Vice Chairman during his summary, he told me that during their meeting with district commissioners, one dared to stand up and say, ‘I am the President’s representative here, so everything here is mine. Even if I feel the court has decided wrongly, I will overrule it,'” she said.
“I think we are still not in a good place; perhaps more education is needed, or some form of stubbornness needs to be addressed. I direct that the Chief Secretary’s circular be adhered to and properly implemented. Everyone must know their job procedures and limits; every position has its boundaries,” President Samia asserted.
This is not the first time a president has condemned such behavior. Her predecessor, President John Magufuli, in 2019, reprimanded these leaders for detaining citizens arbitrarily.
During a swearing-in ceremony for judges and two district commissioners at the State House in Dar es Salaam, President Magufuli emphasized that some issues could be resolved through dialogue rather than detention.
“District commissioners, you have your powers, but use them wisely. The law indeed gives you authority, but it’s crucial to use it well. Fortunately, this has been mentioned many times by many people, and I reiterate, district commissioners, use your authority wisely,” President Magufuli had said.
He noted that detaining someone and then releasing them without taking them to court does not teach the person a lesson. “You detain someone and then release them saying they have learned. Learned what? You should have at least taken them to court. Some issues can have better outcomes through dialogue than through detention,” he added.
President Samia emphasized that implementing the recommendations of the Criminal Justice Commission has been prioritized in the government’s budget for the fiscal year 2024/2025 across all ministries, including the Ministry of Constitution and Legal Affairs, which is tasked with drafting the National Criminal Justice Policy.
This move demonstrates the government’s commitment to implementing the commission’s recommendations and using them to bring positive changes to the criminal justice system.
“My comfort is that what used to bother me internally is now taking a new shape in terms of changes in delivering justice in our country,” she said. “The duty to strengthen citizens’ rights as outlined in the country’s Constitution is not optional but must be thoroughly executed. We all must stand on the side of justice; there is no substitute for justice, which is why we continue to take these steps. I understand that some of our institutions are sluggish in implementing the commission’s recommendations, which aim to bring about change,” she emphasized.
President Samia continued, “These changes must be reflected in our actions, thoughts, and attitudes. These are significant changes; I understand every change faces resistance, and sometimes people are afraid.” Presenting the committee’s report, Vice Chairman Ambassador Ombeni Sefue recommended that the infrastructure of criminal justice institutions be prioritized in administrative areas.
“In establishing new administrative areas, including regions and districts, the government should ensure there are adequate buildings to meet the needs of criminal justice institutions,” said Ambassador Sefue.
“These buildings include police stations, prisons, juvenile correctional schools, courts, the National Prosecution Office, and modern evidence storage facilities. We will not be doing justice to citizens by creating new administrative areas that do not meet these essential needs for good governance,” he noted.
Ambassador Sefue also pointed out that the committee recommends a specific plan to increase the budget for criminal justice institutions over five consecutive years to reduce existing deficits, including building and renovating structures and purchasing equipment. He stated that the annual budget allocated to criminal justice institutions is significantly below their actual needs.
“The committee confirmed this by analyzing and assessing the funding of relevant criminal justice institutions over the past three years, 2021 to 2023. For many years, the budget allocated to these institutions has been far below their actual needs,” he said. The institutions include courts, the National Prosecution Office, the Police Force, the Prisons Service, the Prevention and Combating of Corruption Bureau (PCCB), and the Drug Control and Enforcement Authority.
In those three years, these six institutions received a total of Sh 1.99 trillion, and the committee’s analysis revealed the financial resources needed to fully implement the Criminal Justice Commission’s recommendations. Chief Justice Professor Ibrahim Juma urged government officials to take the commission’s report seriously, noting that previous commissions’ reports were not effectively implemented.
He cited the 1996 Judge Bomani Commission, which produced a report on various legal reforms, but due to a large budget requirement of USD 286 million, implementation was piecemeal and incomplete. Professor Juma also mentioned the 1977 Msekwa Commission, stating that the current Criminal Justice Commission has come up with implementation strategies for its recommendations, urging officials to work on them.
“This is a moment we cannot afford to miss,” he said.He emphasized that the recommendations must be owned by the people as they originate from citizens themselves, unlike in the past when reports remained with the president.
Professor Juma called on officials of criminal justice institutions and government officials to have a positive outlook and abandon clinging to outdated laws. Speaker Dr. Tulia Ackson said Parliament is ready to amend laws related to citizens’ rights. She mentioned that Parliament is in the process of the government budget, so the commission’s points still have room for discussion.
Vice President Dr. Philip Mpango stated that if the area of good governance is not well-established, no matter how good the Development Vision is, it cannot lead the nation to its desired destination.
He emphasized that strong governance structures are the backbone of any developmental framework, and without them, progress remains an elusive dream. Dr. Mpango urged all stakeholders to rally behind these reforms, recognizing that their collective effort is pivotal in shaping a just and prosperous future for Tanzania.
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