TRAINING ON CONSTITUTIONAL LITIGATION AND USE OF ICT IN THE ADMINISTRATION OF JUSTICE FOR JUDGES HELD AT AICC ARUSHA 19th TO 24th MARCH 2018

Hon. Lady Justice (Rtd) Eusebia Munuo, Retired Justice of Appeal and Resource Person,

Hon. Lady Justice Marry Simbo Shangali, Presiding Judge,

Hon. Mr. Justice Dr. Paul F. Kihwelo, (The Principal, IJA)

Hon. Judges in Charge of the various High Court Zones and Special Divisions of the High Court,

Hon. Judges,

Training Coordinators from the Institute of Judicial Administration Lushoto (IJA),

Coordinators from the Court of Appeal of Tanzania,

Ladies and Gentlemen,

Good morning.

It gives me great pleasure to welcome you to this training for the first group of Judges on Constitutional Litigation and Use of ICT in the Administration of Justice. In my opinion this training has come at an opportune time when the Judiciary of Tanzania has just finished the Commemoration of the Law Week whose Theme was Use of ICT in the Timely Dispensation of Justice and when the Judiciary of Tanzania is striving to migrate to e-Justice. I must stress that there has been efforts to improve on ICT use in the Judiciary with a view to enhancing efficiency. The ongoing reforms in the Judiciary of Tanzania and the world over attest to the fact that ICT can and will play a key role in the delivery of Justice. It is under those circumstances that the Judiciary of Tanzania has been laying emphasis on the use of ICT across the processes that the Judiciary is involved in. Equally this training has come at the right time when there has been an upward trend as far as Constitutional Litigation is concerned and therefore need for all of us to be aware of the Rules and Practice obtained in as far as Constitutional Litigation is concerned. This brings me to the point of why you are here today and for the rest of the week.

This training is being conducted as part of the implementation of the Judiciary of Tanzania 5 Years Strategic Plan (2015/16-2019/20) Titled Towards Citizens- Centric Justice Service Delivery. The Strategic Plan commonly known as JSP is being implemented through the Citizen-Centric Judicial Modernization and Justice Service Delivery Project under the World Bank Funding. I am pleased to hear that during the course of this week you will have a presentation on JSP that will be done by Hon. Zahra Maruma the Head of the Judiciary Delivery Unit (JDU) which is a lean unit that support the Chief Justice and Chief Court Administrator in managing the daily delivery of the Key Result Area (KRA) of the Judiciary Strategic Plan (JSP). I trust that during that session you will have time to brainstorm at lengthy the status of the implementation of the JSP to date and chart out the way forward given the fact that the Strategic Group of the JoT composed mainly of Strategic Objective Owners (SO-Owners), Responsible Officers and Implementers were here in Arusha for two weeks for the review of the JSP.

According to the Project Appraisal Document (PAD) which is the key guiding document for the Citizen-Centric Judicial Modernization and Justice Service Delivery Project Component 2 deals with Skills Development, Inspection and Performance Management and Subcomponent 2.1 specifically is on Skills Training and Knowledge which aims at upgrading the skills of Judges, Magistrate, Administrators and all JoT staff as well as other Justice Sector Stakeholders for effective service delivery.

Now, learned colleagues, I want to assure you that the choice of the two topics, venue and resource persons were strategically done to ensure that you get the most out of this short period that you will be here in Arusha for this training and I want to inform you that the programme has been designed to suit adult learners like you as such you facilitators won’t be lecturing you but rather they will be sharing knowledge and provoking discussions. I am mindful of the fact that NO ONE HAS MONOPOLY OF KNOWLEDGE AND NO ONE KNOWS EVERYTHING. I am also aware of the statement by one Spiritual Leader DALAI LAMA who remarked that “SHARE YOUR KNOWLEDGE. IT’S A WAY TO ACHIEVE IMMORTALITY”.Our diversity in this room should be able to generate a lot of knowledge and understanding of the topics of Constitutional Litigation and ICT application in the wider context of Administration of Justice. I therefore call upon all of you to be active and engage meaningfully during the course of these five days so that we leave this place with wider understanding and knowledge of the two topical body of knowledge.

Upon inquiring from the organizers I was assured that another training will be organized in due course in which Admissibility of Electronic Evidence: Policy, Law and Institutional Framework in its wider context will be discussed where the wider context of policy and legal framework governing electronic transactions and practical performance of the organs responsible for ICT policy (Ministry of Communication), implementation of ICT policy (like eGA), investigation and collection of electronic evidence (TCRA and Cyber Section of the Police Force) will be addressed in great details.

During these five days of training I understand that you will not be trained on everything that needs to be learned in Constitutional Litigation and Use of ICT in the Administration of Justice. All in all a lot will be covered by the resource persons and in particular I am glad to note that you will be taken through the various Information Systems and Services/ICT Platforms that are currently in place in the JoT. This will enable you not only to appreciate the milestones that the JoT has reached thus far but also to provide your own inputs on what needs to be done in order for the JoT to reap the benefits that ICT presents in this digital era where everything is at your click of the mouse or touch of your thumb.

During the discussions it would be worthy to remember that while ICT can be a Good Servant but it can also be a Terrible Master as one said ICT is not always an Angel but also it can be a Devil. I believe that this will be well covered by the resource person from the e-Government Agency the responsible Government Institution and Regulatory Authority on all issues of e-Government that also includes e-Justice.

With these few remarks, I declare the training on Constitutional Litigation and Use of ICT in the Administration of Justice Open.

Hon. Sekela Cyril Moshi, J

Guest of Honour