A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirements for the Award of the Bachelor degree of Laws (LL. B) Degree of Mzumbe University
This research was titled “Analysis of the law on Independence of Magistrates in Administration of Justice in Mainland Tanzania” this work tested two hypotheses which were; that the law does not ensure the independence of magistrates in administration of justice in Mainland Tanzania and the second hypothesis. Was that the law governing independence of magistrates in administration of justice in mainland Tanzania is insufficient
The objectives of testing these two hypotheses were; to analyse if the law governing independence of magistrates in administration of justice are sufficient and to determine the negative effect on absence of law on the independence of magistrates in administration of justice.
The researcher managed to collect data from respondents who meet with him during the process of data collection. The process of data collection was done into two ways first through primary method of data collection and second method of data collection was done through secondary data, the analysis of data was done and presented under chapter four of this work.
Findings reveal that; the law governing independence of Magistrates in administration of justice is insufficient this is due to the fact that there is no specific law which stipulates independence of Magistrates; rather they are under category of employees in public services. On the other side there is negative effect on insufficient of la governing independence of Magistrates. The common negative impacts are; corruption, low level of performance and delay of cases.
Therefore, this work has recommended that; Improving the terms and conditions of Magistrates, Salaries of Magistrates, Judicial code of conduct, Personal security, Office accommodation and furniture, Provision of Residential accommodation for Magistrates, to provide Transport, Prevention of Corruption, Pension, Disciplinary procedures, Provision of Judicial education and Consideration of Retirement age.