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Rule of Law vs. Rulers of Law. Justice Barnabas Albert Samatta's Road To Justice

Justice Barnabas Albert Samatta's Road To Justice

Issa Shivji, Hamudi Majamba

Publication Year: 2011

Mr. Justice Barnabas Samatta retired from the Bench in July 2007 after a distinguished legal career spanning 41 years. Of the four decades of active life, he was a State Attorney, half of which he was the Director of Public Prosecutions. For the rest of the period, he was at then bench of the High Court of Tanzania and ten years in the Court of Appeal. At his retirement, he had spent seven years as Chief Justice of the country, thus at the helm of one of the three branches of the State. This book reproduces some of the leading judgements written by Justice Samatta. It highlights, in a critical fashion, some of his beliefs and observations as embedded in his decisions and speeches. This is to celebrate him as an example of an ethical lawyer whose integrity cannot be questioned, making him a worthy model for the younger generation to emulate and draw inspiration from. Justice Samatta's decisions touched on key areas of: Rule of Law and the Consitution, where he emphasised that the constitution crystallises a consensus among citizens as to the nature and character of their polity and governance; Access to Justice, about which he believed that the doors to justice should be opened to all regardless of their station in life or economic position; Ethics, Integrity and Professionalism where he frequently quoted Nyerere 'There are some jobs in our society that can be done by unethical people...Being a judge or a magistrate is not one of these jobs...'; and Environmental Law where he argued 'The vulnerability of our planet has reached such a depressing degree that there is no greater service judges can render to mankind than playing their role in the protection of the environment...' He summarised his life-long conviction by saying: 'Let everyone in our society give justice a chance to prevail'.

Published by: African Books Collective

Title page

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Copyright page

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List of Cases

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Foreword

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Retired Chief Justice Barnabas Albert Samatta has made an oustanding contribution to strengthening the rule of law in Tanzania. This volume showcases . . .

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PART I - Justice Samatta’s Road to Justice: An Introduction

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pp. 1-17

Mr. Justice Barnabas Albert Samatta retired from the bench in July 2007 after a distinguished legal career spanning 41 years. Of the four decades of active life, . . .

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PART II - Justice Samatta’s Life Journey

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pp. 19-28

This part provides a succinct account of the biography of Justice Samatta’s judicial career. In particular, it traces the foundations of his judicious . . .

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PART III - How I Remember Justice Samatta

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pp. 29-30

Justice Samatta has travelled a long path in his career as a lawyer and a Judge. He has also had a social lifestyle. In the course of all these endeavours . . .

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Hon. B. A. Samatta - A Model of Justice

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pp. 31-32

I first worked very closely with Hon. B. A. Samatta between 1993 and 1997 when I was the Registrar of the High Court of Tanzania. He was the Principal . . .

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The Samatta I Know

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pp. 33-34

One day someone approached me and said he wished to have a word with Chief Justice Samatta. “But the man always wears a serious and intimidating look . . .

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How I Remember Retired Chief Justice Barnabas Samatta

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pp. 35-36

The retired learned Chief Justice is an icon of human dignity and respect. Whether in office or out of office, he maintains a confident aura, all the time portraying . . .

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Recollections on Justice Samatta

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pp. 37-39

It was an honour and privilege for me to be asked by the editors of this book to say something on how I remember Justice Samatta, Chief Justice now in . . .

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B.A. Samatta (As he then was)

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pp. 41-42

B.A. Samatta – I often told him that his initials should have been C.J. and not B.A. as the former were more fitting and descriptive of the person. Barnabas Albert Samatta . . .

PART IV - Justice Samatta in His Own Words

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p. 43-43

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Justice Samatta’s Leading Judgements at the Bench

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pp. 43-56

This case raises some interesting points of law relating to the doctrine of sovereign immunity. Before the Second World War nearly all States treated . . .

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Judgement

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pp. 57-79

The two accused in this case stand charged with cattle theft, contrary to section 59(2) of the Economic and Organized Crime Control Act, hereinafter . . .

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Ruling: IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM Civil Case No. 214 of 1992

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pp. 81-92

One of the principal questions I have to decide in this matter is whether the plaintiff (now the respondent), Mr. Lujuna Shubi Ballonzi, Senior, has . . .

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Ruling: IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM Civil Case No. 206 of 1993

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pp. 93-110

This is an application for an interlocutory injunction restraining His Excellency Ali Hassan Mwinyi, the President of the United Republic of . . .

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Ruling: IN THE HIGH COURT OF TANZANIA (MAIN REGISTRY) AT DAR ES SALAAM Misc. Civil Cause No. 3 of 1996

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pp. 111-121

This is an application by way of a chamber summons for an order of certiorari to bring up and quash a decision of the President of the United Republic of . . .

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Ruling: IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM Consolidated Civil Applications Nos. 19 of 1999 and 27 of 1999

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pp. 123-138

I have before me two applications which have been consolidated, brought under Rule 9(2)(b) of the Tanzania Court of Appeal Rules, 1979 (hereinafter . . .

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Judgement of The Court: IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM Coram: Samatta, C.J., Kisanga, J.A. and Lugakingira, J.A. Civil Appeal No. 64 of 2001

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pp. 139-171

This is an appeal from a decision of the high Court (Kyando and Ihema, JJ, Kimaro, J., dissenting) dismissing a petition filed by the appellant for a declaration . . .

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Judgement of The Court: IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: MFALILA, J. A., LUBUVA, J. A., AND SAMATTA, J. A.) Civil Appeal No. 24 of 1999

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pp. 173-198

The appellant, Lutter Symphorian Nelson, and the 2nd respondent, Dr. Ibrahim Said Msabaha, were two of the nine candidates in the Kibaha constituency . . .

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Judgement of The Court: IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: SAMATTA, C.J., MROSO, J.A., and MUNUO, J.A.) Criminal Appeal No. 53 of 2001

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pp. 199-211

This is an appeal from a decision of the High Court (Chipeta, J., as he then was) affirming, while exercising revisional jurisdiction, a conviction . . .

Justice Samatta in His Own Words

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p. 213-213

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Extra-Judicial Statements

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p. 213-213

Aside from the eloquent judgments and rulings, Justice Samatta also made a number of extra-judicial statements in the course of delivering speeches . . .

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On Environmental Justice

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pp. 215-222

I wish, at the outset, to express my deep gratitude to his Lordship, the Chief Justice of Egypt, the Supreme Constitutional Court of this country and the . . .

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On Tanzania’s Constitutional Order

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pp. 223-228

I would like to begin by thanking the Managing Director of the Mkuki na Nyota Publishers, the publishers of the Civics Sourcebook that I will later . . .

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No One is Above the Law

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pp. 229-232

Every journey, regardless of its character, must have an end. As many of you assembled here know, I began my professional journey fortyone years ago. . . .

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Judicial Protection of Democratic Values: The Judgment of the Court of Appeal on Independent Candidates

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pp. 233-257

17th June, 2010, will always occupy a special place in the history of administration of justice in this country. As all of you assembled in this Hall well . . .

Appendix: Events in Pictures

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pp. 258-262

Back cover

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E-ISBN-13: 9789987080618
Print-ISBN-13: 9789987080557

Page Count: 274
Publication Year: 2011