UNITED REPUBLIC OF TANZANIA
LEGAL SECTOR REFORM PROGRAMME
Annual Progress Report for FY 2008/09
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Abbreviations and Acronyms
AG Attorney General
BEST Business Environment Strengthening For Tanzania Programme
BEST- BRU Business Environment Strengthening for Tanzania—Better Regulation Unit
BRELA Business Registrations and Licensing Agency
CHRAGG Commission for Human Rights and Good Governance
DAG Deputy Attorney General
DPP Director of Public Prosecutions
DPs Development Partners
IJA Institute of Judicial Administration
KRAs Key Result Areas
TANGO Tanzania Association of Non Governmental Organisations
LHRC Legal and Human Rights Centre
LSRP Legal Sector Reform Programme
MDAs, Ministries, Departments and Agencies
MHSW Ministry of Health and Social Welfare
MoHA Ministry of Home Affairs
M&E Monitoring and Evaluation
MoCAJ Ministry of Constitutional Affairs and Justice
MP Member of Parliament
MTEF Medium Term Expenditure Framework
MTS Medium Term Strategy
NGOs Non-Governmental Organisations
NOLA National Organisation for Legal Assistance
NSAs Non State Actors
NSGPR/MKUKUTA National Strategy for growth and Poverty
Reduction/Mkakati wa Kukuza Uchumi na Kupunguza Umaskini Tanzania
PCO Programme Coordinating Office
PMO Prime Minister’s Office
PMO-RALG Prime Minister’s Office -Regional Administration and Local Government
PO President’s Office
PS Permanent Secretary
PSM Public Service Management
PSRP Public Sector Reform Programme
RITA Registration, Insolvency and Trusteeship Agency
TLS Tanganyika Law Society
UDSM University of Dar Es Salaam
UNDP United Nations Development Programme
URT United Republic of Tanzania
USAID United States Agency for International Development
NBS National Bureau of Statistics
CIDA Canada International Development Agency
LSWG Legal Sector Working Group
LSIs Legal Sector Implementing Institutions
Table of Contents
Abbreviations and Acronyms i
Table of Contents ii
Terminology iii
EXECUTIVE SUMMARY Error! Bookmark not defined.
CHAPTER ONE 1
1.0 Introduction 1
CHAPTER TWO 2
2.0 Implementation and Performance. 2
2.1 Key Result Areas (Objective) 1: Establishment of a harmonized national legal framework. 2
2.1.1 Improvement in the legal environment for enhanced social justice and safety and economic development. 2
2.1.2 Streamlined and strengthened prosecution and investigation system. 3
2.1.3 Strengthening the capacity for research and studies of the national legal framework. 5
2.2 Key Result Area (Objective) 2: Increased access to justice for the poor and disadvantaged 6
2.2.1 Improved access to justice for persons in remand homes and prisons. 6
2.2.2 Enhanced legal aid and dissemination of legal information 6
2.2.3 Improved access to justice to the rural areas. 7
2.2.4 Improved Custodian and Court Facilities for Juvenile Offenders. 7
2.3 Key Result Area (Objective) 3: Human Rights and Administrative Justice. 8
2.3.1 Ensure Law enforcing agencies observe Human Rights. 8
2.3.2 Strengthen the commission of human rights and Good Governance. 9
2.3.3 Enhance good governance in the administration of justice 9
2.4 Key Result Area (Objective) 4: Improved skills and knowledge of legal professionals 9
2.4.1 Provision of quality legal training by legal education and training institutions. 9
2.4.2 Improved practical skills training for law graduates. 10
2.4.3 Improved capacity to offer continuing education programs. 11
2.5 Key Result Area (Objective) 5: Improved service delivery capacity in legal sector institution. 11
2.5.1 Enhanced Management and coordination in the sector institutions. 11
2.5.2 Enhanced Competence, motivation and integrity of personnel. 12
2.5.3 Improved working environment. 12
2.6 Key Result Area (Objective) 6: Program management, coordination, and monitoring and evaluation 14
2.6.1 Effective implementation of LSRP in the Legal Sector Institutions. 14
2.6.2 Effective Monitoring, Evaluation and Coordination of the Programme. 15
2.6.3 Enhanced Policy Management and Strategic Leadership. 16
2.6.4 Enhanced Information, Education and Communication on the Legal Sector Developments & Reforms. 17
2.6.5 Enhanced Institutional Capacities in Change Management. 17
3.0 Milestones. 19
Terminology
Capacity: the potential or ability to do something; the ability of people, organizations and society as a whole to manage their affairs successfully. Capacity building refers to investment in people, institutions, and practices.
Indicator: a number with an explicit measurement purpose.
Key Result Area: a convenient method of grouping common work or themes.
Milestone: an important or key activity tugged or singled out for special monitoring in terms of progress or completion.
Outcome: a direct, but intermediary change or improvement in the welfare of a customer or beneficiary as a result of use of a service.
Output: what an organization produces and can be held accountable fro producing; the deliverables.
Strategy: a broad course of action.
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CHAPTER ONE - INTRODUCTION
1.0 Introduction
The Comprehensive legal sector reforms being carried out by the Government of Tanzania with the support of Development Partners (DPs) under the Legal Sector Reform Programme (LSRP) complements other reform programmes in the public sector that are geared to achieve the National Strategy for Growth and Reduction of Poverty (NSGRP) referred to as MKUKUTA.
The aspiration and vision of the LSRP is “Timely Justice for All” built around the core characteristics of: Speedy dispensation of justice; affordability and access to justice for all social groups; integrity and professionalism of legal officers; independence of the judiciary; and a legal framework and jurisprudence of high standards responsive to social, political, economic and technological trends at both national and international levels.
The Programme’s Medium Term Strategy (MTS) focuses into six critical success factors (CSF), called Key Result Areas (KRAs), which include: (i) strengthening and harmonizing the National legal framework, (ii) enhancing justice for the poor and the disadvantaged social groups, (iii) improving the observance of human rights and administrative justice, (iv) enhancing knowledge and skills of legal professionals, (v) improving service delivery capacity in key legal sector institutions, and (vi) programme management, coordination, monitoring and evaluation. The programme is expected to consolidate efforts and provide guidance to all legal institutional reforms to improve access to judicial and legal services for all and thereby enhancing poverty reduction initiatives in the country. The medium term strategy is being operationalized by implementing annual plans, which target the implementation of selected activities aimed to accomplish selected outputs that eventually build to achieve the defined outcomes (strategies) in each of the six KRAs of the MTS.
The LSRP Medium Term Strategy still requires work to better integrate it into the MTEF and into Government Planning Processes. However, for the past two years of implementation the MTS terminologies were not clearly linked with the Government planning process and the Medium Term Expenditure Framework (MTEF) and in that case all the implementing legal sector institutions used to access the programme resources through the Ministry of Constitutional Affairs and Justice (MoCAJ). This process contributed to slowing up the pace of implementation.
The 2008-09 Annual Plan and budgets represented the first attempt to link the MTS terminologies (i.e. Key Result Areas, Outcomes and Outputs) with the MTEF so as to ensure that programme funds are linked to clear activities in the MTEF that focuses mainly to achieve 15 largest outputs which consolidate efforts to ensuring access to justice. The attempt marks the first year spending, which is fully decentralized to all public sector institutions participating in LSRP. All MDAs and other agencies implementing the programme integrated LSRP activities into their respective MTEFs according to the established Government Planning Processes and have accessed the LSRP resources through their respective MTEFs, Institutions without Government votes (including non-state actors) continued to access their financial resources through MoCAJ.
CHAPTER TWO – PHYSICAL PERFORMANCE
2.0 Physical Performance
The overall approved budget for the programme for the year 2008-09 was Tshs. 31,434,180,000.0, of which, Tshs. 1,079,893,000.0 was Government contribution. The resources are allocated into the MTS’ six key result areas (KRA)/Objectives as follows:-
No. / Key Result Area (KRA) / Approved Amount (Tshs).1 / National Legal Framework / 5,452,553,214.0
2 / Access to Justice for the Poor and the Disadvantaged / 4,073,364,635.0
3 / Human Rights and Administrative Justice / 1,666,329,200.0
4 / Knowledge and Skills for Legal Professionals / 7,123,131,000.0
5 / Service Delivery Capacity in Key Legal Sector Institutions / 9,566,223,251.0
6 / Programme Management, Coordination, Monitoring and Evaluation / 3,552,578,700.0
Total / 31,434,180,000
2.1 Key Result Areas (Objective) 1: Establishment of a harmonized national legal framework.
2.1.1 Improvement in the legal environment for enhanced social justice and safety and economic development.
The targets under this outcome intended to identify, define, review and or harmonize laws, which restrain promotion of social justice, safety and economic development. Priority is given for legislation that fosters social justice, safety and economic development. Three target outputs are identified, for the outcome, which are: - (a) Priority legislation enabling growth of business are identified, defined and reviewed, (b) Laws impeding justice to disadvantaged groups identified, reviewed and harmonized, and (c) Penal laws and systems are updated.
During the financial year under review, the activities approved for the targeted outputs were mainly focused on the review of three business laws (i.e. Intellectual Property laws, Industrial Licensing, and Business Names (Registration) Act, Insolvency Laws, and harmonization of the Documents Act with the Chattels Transfer Act.
2.1.1.1 Priority Legislation enabling growth of business sector in Tanzania:
Stakeholders' comments on the review of the Business Names (Registration) Act and the Industrial Property Act were collected by BRELA through several meetings. The reports were prepared and submitted to the Ministry of Industry Trade and Marketing (MITM) for further action including preparation of Cabinet Paper. A decision from MITM was being awaited.
The Process of reviewing the Industrial Licensing Act was still at the stage of collecting views and proposals from stakeholders. Terms of reference (ToR) were prepared. Since this is a Union law, the TOR would need to be accepted by both sides of the Union before a Consultant is engaged to under take the review.
2.1.1.2 Laws impeding justice to disadvantaged groups:
The Bill for the Law of the Child Act was read for the first time in Parliament in June 2009. It is scheduled for debate in the forthcoming Parliamentary sessions.
Translation of the Elections Act into Kiswahili language was ongoing.
Draft Bill of the Elections Expenses Act has been finalized and was awaiting approval by the relevant Government authorities before it is tabled in Parliament for first hearing.
2.1.2 Streamlined and strengthened prosecution and investigation system
2.1.2.1 Civilianization of the Prosecution Services:
A needs assessment highlighted capacity issues to be addressed to enable the National Prosecution Service to carry out its mandate more effectively. The issues identified included setting up of offices, furniture, and provision of working tools such as computers, statutes, resource materials – books, statutes, and vehicles. Another challenge identified was inadequate human resource capacity which was being addressed by gradual recruitment of staff – state attorneys and essential support staff.
In enhancing the established National prosecution Service (NPS), the following activities were approved during FY 2008/09:- (i) to implement the established NPS action plan and establish, and equip more offices throughout the country, (ii) Publish Prosecutors’ General Instructions, journals and newsletters and also publish posters for awareness campaign to the general public, (iii) Engage a consultant to develop circular on how to handle evidence on cyber law area and guidelines for handling evidence of cyber law, (iv) Conduct inspection of the Police lockups and Prisons, (v) to establish a Library, (vi) Establishment of a website for the Directorate of Public Prosecutions, (vii) Hold Meetings for the Civilianization Steering Committee and Technical Committee, (viii) Procure 9 vehicles, (ix) Conduct induction training in prosecution to newly recruited prosecutors, and (x) to hold a National Criminal Justice Forum.
Substantial progress has been recorded during the year under review. 1 new regional office (Shinyanga) was established; 6 other regional offices (Tabora, Songea, Mwanza, Arusha, Tanga, and Mbeya) were expanded by moving to larger newly renovated premises to accommodate the new attorneys; 4 new regional offices (Mara, Manyara, Morogoro, and Coast Region) were being renovated. These would be new areas for operations by the Attorney General’s Chambers. By establishing offices in these new regions, the Attorney General’s Chambers would still have to set up offices in the remaining 3 regions (Lindi, Kigoma, and Singida).
To date, 197 state attorneys have been recruited, and process to recruit more attorneys is ongoing, together with other relevant staff. The Government improved the remuneration package for state attorneys to enable motivation and retention of staff. However, for the financial year 2008/09, 11 of the newly recruited attorneys left the service 5 of whom left to undertake further studies. The retention capacity was therefore 95%.
A library was established, furnished, and stocked with the initial complement of law books. 9 motor vehicles were procured and distributed to regional offices; and TOR for establishing a website for the DPP’s office were prepared and a no objection rendered.
Despite the short span in the implementation of these initiatives, some notable achievements can be outlined here:
i) Although it cannot be related totally to the civilianization process, the number of prison inmates decreased across the country. Whilst there were 44,100 inmates as at 1st June 2006 (being 96.3% overcrowding), there were 38,908 inmates as at 1st June 2009 (being 40.7% overcrowding).
ii) There was an improvement in handling cases through finalization occasioned by the stock-taking exercise which facilitated closure, withdrawal or revamping witness attendance. The stock-taking exercises enabled review of evidence, and also viability of the said pending cases. In Shinyanga region, for instance, a special session was held in the month of July 2008 and 108 cases were prosecuted and concluded.
iii) One of the many challenging areas was fulfillment of bail conditions. Since the start up of civilianization attorneys had been able to exercise diligence in follow up of securities offered. It was found out that in many cases the securities offered were fraudulent. This exercise led the Judiciary strengthen its mechanisms for confirmation of viability and validity of securities offered as bail bonds.
iv) The process highlighted the importance of having a framework and guidance for prosecution and investigation. That was why efforts to design Prosecution General Instructions, Prosecution Manuals, and Investigation General Instructions were seen to be important. All of them were at final stages and they would be useful to guide both attorneys and investigators on key elements relevant to their work.