1

RESEARCH REPORT

ON

ACCESSIBILITY TO JUSTICE SERVICES BY THE

PUBLIC IN KILIMANJARO REGION

(VILLAGE, WARD AND DISTRICT TRIBUNALS AND

LABOUR AND LAND COMMISSIONS FOR

MEDIATION AND ARBITRATION)

CONDUCTED BY KWIECO

FINANCED BY ACT

FEBRUARY, 2013

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ACKNOWLEDGMENT:

KWIECO would like to thank the UK Aid’s Accountability in Tanzania program (ACT)

for funding the “Legal Sector Monitoring Project”. KWIECO would also like to thank

The Accountability program in Tanzania (ACT) technical team, comprising of Mrs Kate

Dyer (the Director) and Amani Manyelezi (the Manager for results and effectiveness)

for their guidance in the identification of boundary partners and the design of this

research.

We would like also to acknowledge the support and cooperation of the Members of

Village, Ward and district tribunals, and commission for Mediation and Arbitration and

also citizens from Rombo, Moshi rural, Moshi urban, Hai, Siha, Mwanga and Same

districts during the research. These were a constant source of information and guidance

from the inception of this research.

KWIECO would like to especially thank Dr. Wakuru Magigi, Mr.Edmund Zakayo and

Gaudence Kapinga for their consultancy service during this research undertaking. We

hope the findings from this research will provide future areas for intervention to enable

the public to access justice in Village, ward and District Tribunals, land and labour

commissions for mediation and arbitration and create more awareness to women and

other disadvantaged groups in Kilimanjaro region and Tanzania. Training and use of

media group and other interested stakeholders may form a basis for awareness creation

and capacity building to these groups who face setbacks to access justice in the region.

Thank you very much

Yours truly,

Elizabeth Minde

Managing Director

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EXECUTIVE SUMMARY

Ward Tribunals were established in 1985 when the central government decided to

revitalize local government authorities. They are thus part of the decentralization

reform. They are lower courts consisting of lay persons with limited jurisdiction and

they help relieve the primary courts of their increasing workload. (Source:

http://www.sulgo.or.tz/uploads/media/Ward_Tribunals.pdf)

Section 8 (1) of the Ward tribunals Act of 1985, provides that; the primary function of

each tribunal is to secure peace and harmony in their areas by mediating and

endeavoring to obtain just and amicable settlements of disputes. If a settlement cannot

be reached, the tribunals have to decide the case.

This study was conducted in Kilimanjaro region focusing on understanding the

accessibility to justice services by the public in Village, Ward and District tribunals, also

Land and labour commissions for Mediation and Arbitration. Basically, it explored the

availability and accessibility of legal services, quality of legal services, procedures and

considerations in opening and handling cases. Special consideration also was taken to

look into procedures in dealing with claims and cases for women and children.

Qualities of legal services in tribunals, arbitration commissions and the challenges in

handling cases prevailing in tribunals were highlighted.

The study employed simple random sampling technique to get Ward, Village and

District tribunals and the residents living in Kilimanjaro. These two groups of

respondents were contacted for data collection. Special emphasis has also been taken to

include elders working in different levels of tribunals. A total of 252 respondents were

interviewed from seven Districts of Kilimanjaro region. These Districts includes Moshi

Rural, Moshi Urban, Hai, Rombo, Same, Siha and Mwanga. Among the respondents 87

were members of tribunals and the 165 were residents.

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During data collection phase, interview technique was employed using a set of

questionnaires designed for each group of community members and members of the

tribunals (Refer appendix 1). A team of enumerators were trained and a pilot study was

conducted to test the relevancy of the data collection tool to some respondents. The

enumerators carried out a task of data collection in seven Districts stated. The data

analysis involved the use of Statistical Package for Social Sciences (SPSS). In fact, the

study shows that;

The legal services available are not located proximate to residents’ residential

areas and people found travelling more than five kilometers at an average

rate to follow legal services provided in tribunals

The legal services in ward, village and distinct tribunals found to be available

but are not obtainable timely. The question which shows the need to

strengthen and educate the legal service providers be easily accessible to

residents

Most of the cases in Ward, Village and District tribunals found taking more

than six months to be heard the situation which cause people to distrust these

Tribunal operations and its effectiveness

67% of respondents assume these tribunals have symptoms of bribe taking,

the situation which were indicated by the untimely case handling and long

time of a person to be heard. This is disincentives to government who want to

see these tribunals operated effectively to meet the residents expectations and

reducing corruptions and therefore meet equality obligations

Women and other disadvantaged group include children are facing

difficulties to make follow up of their cases particularly in Village and Ward

and District tribunals due to patriarchy system. Women were arguing that

the Chagga tribe follows patriarchy system, which was observed that it is not

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well accepted. Training and awareness on justice to legal services to women

still need more sensitization for awareness creation.

In procedures and considerations in opening and handling cases in tribunals,

the study found that it follow the following procedures: the claimant to

contact the village chairperson office for introduction letter to the tribunal,

submitting the claims to the tribunal, opening and payment of a file for a

given claim. Other procedures include identification of the nature of the

claim and committee responsible, informing members of tribunals on the

claim presented, arrangement for the date of mentioning the case, and calling

defendant through a formal letter to attend a meeting. These procedures

observed to be cumbersome and long which demoralize people as involves

costs which are inadequate to be met by residents who are disadvantaged

including women.

Furthermore, the findings has revealed that in some tribunals, it was found

that there are no special considerations and arrangement for dealing with

cases and claims involving women, children and special groups like elders,

disabled and other commonly known special groups.

The quality of legal services in tribunals and arbitration commissions of

labour and land are unsatisfactory. This notion has been associated with

corruption, limited understanding of legal services among tribunal members,

poor working infrastructures like inadequate rooms to accommodate the

claimants and defendants particularly at Village and Ward tribunals.

Linking legal service provider (i.e. tribunals) with civil society organizations,

media, the government and various stakeholders in legal affairs found to be

important to enhance accessibility to justice to legal service by the public in

Kilimanjaro and other regions of the same context in Tanzania.

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TABLE OF CONTENTS Pg

EXECUTIVE SUMMARY ....................................................................................................... i

1.0 ORGANISATION BACKGROUND ..............................................................................1

2.0 RESEARCH CONTEXT ....................................................................................................1

2.1 Purpose ........................................................................................................................................ 2

3.0 METHODOLOGY .............................................................................................................4

4.0 FINDINGS AND SYNTHESIS ........................................................................................5

4.1 Availability and access of legal services in tribunals ............................................................... 5

2.2 Procedures and considerations in opening and handling cases.............................................. 7

2.3 Special procedures in dealing with cases involving women and children............................. 9

2.4 Qualities of legal services in tribunals and arbitration commissions of labour and land ... 10

2.5 Hindrances for accessing legal services in tribunals and arbitration commissions ............. 11

2.6 Challenges in handling cases and claims in tribunals ............................................................ 12

2.7 Proposed solutions and stakeholders to be involved ............................................................. 13

4.0 CONCLUSION AND RECOMMENDATIONS ......................................................... 16

4.1 Conclusion ................................................................................................................................. 16

4.2 Recommendations..................................................................................................................... 16

APPENDICES ........................................................................................................................ 17

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1.0 ORGANISATION BACKGROUND

This report presents the research findings done by KWIECO aiming at understanding

accessibility to justice services by the public in Kilimanjaro region. KWIECO is a non

governmental organization operating in Kilimanjaro region. It was established in 1987

with ten women who were founders. Its main sole function among others is to provide

legal aid and ensure accessibility to justice to women, marginalized group and the

general public. The organization possesses competence within law, human rights,

gender, science and education with experienced leadership and committed members

and counselors who are willing to render voluntary services. These competences are not

only ensuring the stated functions to be reached, but promote also interaction through

cooperation, information sharing and capacity building, knowledge based and

innovations for its growth and progress of its functions.

2.0 RESEARCH CONTEXT

In Tanzania and for many years now, legal aid has formed an integral part of the legal

system aiming among others to ensure access to justice services for those who cannot

otherwise afford it. In supporting this, Article 13 of the Constitution of the United

Republic of Tanzania of 1977 as amended from time to time provides for this right. The

article states that; all persons are equal before the law and that, they are entitled

without discrimination to protection and equality.

In Tanzania, everyone has a right to access justice services yet many people struggle to

understand their legal rights and obligations. They often feel helpless when faced with

legal problems and discriminations in Ward, Village and District tribunals. Without

accessibility to legal services women and children would not be able to use the law to

protect themselves and achieve their rights.

In Kilimanjaro, for a long time women have no right to possess land, livestock and

other material assets like house due to cultural and traditional syndrome of men

dominations. This denies the rights to critical resources that are necessary for

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livelihoods, the conflicts which Village, Ward and District tribunals can make

interventions. It also results in non-enjoyment of rights by women even where these

are provided for by law; gender inequality, culturally and traditionally. The cultural

conditions in Kilimanjaro have warranted, currently the need for active engagement of

communities in taking action against discriminatory and abusive practices facing women

and children.

The culture in the region limits the participation and accessibility of women in decision

making, ownership of property (whether matrimonial, inheritance or individual property)

and restricts women to speak against abusive practices committed by male members of

the community. These necessitate the need for a resident to deny rights access to

justice. Thus, understanding accessibility to justice services to the public forms the

basic need for this investigation in Kilimanjaro region in Ward, Village and District

tribunals and also land and labour commissions for mediation and arbitration.

Furthermore, the inaccessibility to justice services affects not only women and children

but also the public at large. The research findings have revealed that; members of the

village, ward and district tribunals are not capacitated to have legal knowledge to be

able to deal with cases that come before them and thus ensure justice. The findings

provide ground for future legal policy development agenda and workshops to raise

awareness of women and children to legal services and suggest future interventions for

policy makers.

2.1 Purpose

The general purpose of this investigation centered on understanding the accessibility to

justice services by the public in Kilimanjaro region. Specifically, it;

Examine the availability and accessibility of legal services of residents in Ward,

Village, District tribunals and land and labour commissions for mediation and

arbitration

Analyze the quality of legal services and challenges prevailing in the tribunals

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Find out procedures and considerations in opening and handling cases and

claims involving women and children

Determine the hindrances for accessing legal services in tribunals and

commissions for mediation and arbitration

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3.0 METHODOLOGY

This study was done in Kilimanjaro region. The region is located in the northern part of

Tanzania and is the home of Mount Kilimanjaro. It is bordered with Kenya in the

northern part, Arusha in the western part, Manyara in the southern part and Tanga in

the Eastern part. Administratively, the region is divided into seven Districts namely Hai,

Same, Mwanga, Rombo, Siha, Moshi rural and Moshi urban (Map 1). According to the

2002 census report, Kilimanjaro had a population of 1,381,149, with average annual

population growth estimated to 1.6 %. According to these estimates the total

population at the end of 2006 was 1,472,000.

Map 1: Study Location in Kilimanjaro region

In each district sample wards were selected randomly and enumerators visited selected

leaders and members of the tribunals and community members. The study involved 252

respondents, whereby 143 were males and the rest were females. The study involved

two groups of respondents, respondents from members of the tribunals and the

commissions and respondents from community members. Leaders and members of

tribunals were 86, whereby 59 were males and the rest were females and community

members were 163 whereby 84 were males and the rest were females.

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Before collection of data the methodology to be used was designed, after designing

questionnaires, a pilot study was conducted to test relevance of data collection tool.

During this period modification of the research tools were done to fit the context under

study. Enumerators were trained for data collection. In conducting this study interview

technique was used guided by a set of questionnaires to residents, members and

leaders of tribunals and commissions. The data from the field were coded and

analyzed using SPSS software.

4.0 FINDINGS AND SYNTHESIS

4.1 Availability and access of legal services in tribunals and Labour and

land commissions for mediation and arbitration

One of the aims of the study was to find out the availability and accessibility of legal

services to various levels from village tribunals, ward tribunals, district land tribunals

and also labour commissions for arbitration and mediation. 25.5% of the respondents

contacted reported that legal services are not located near to their residential area

(Figure 1). The availability of legal services in tribunals has been revealed to be not

easy and friendly as affirmed by respondents. The study show that legal services are

not provided timely and most of the cases take a long time to be heard at an average

rate of six months in Ward, Village and District tribunals.

The respondents affirmed that availability of legal services to women in the tribunals is

not easy and friendly due to existence of several stumbling blocks such as patriarchy

system. The findings from the field survey have revealed that, women face difficulties in

achieving legal services. Among the interviewed women, 59.0% testified to have no or

little access to legal services in tribunals due to long distance to the tribunals,

corruption, and other reasons as presented in figure 1, while 40.4% reported to access

legal services in tribunals like other people. The analysis of the findings has revealed

that most of the women are not satisfied with the resolution reached during the cases

as portrayed by 53.1% of the respondents and 46.9% reported to be satisfied with the

judgment of the cases in tribunals.

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Figure 1: Challenges in accessing justice in Ward, Village and District tribunals

Key

The accessibility of legal services to children in tribunals was affirmed to be a challenge

at different levels. At village level 45.8% of the respondents testified that the legal

services to children in village tribunals are not easily accessible, 40.5% reported that

children have access to legal services in village tribunals like other people while 13.7%

reported to have no experience with cases involving children in the tribunals as

presented in figure 2. The same situation has been experienced in ward and district

tribunals where children are reported to face difficulties to access legal services as

portrayed in figure 2. Likewise, people with disabilities and special groups were

reported not to have easy and friendly access to justice services as affirmed by 77.0%

of the interviewed respondents.

A Cases take long time

B Corruption

C Poor governance

D Insufficient tribunals

E long distance to tribunals

F No specified time for a case

G Too many cases in tribunals

H Services are not provided timely

I high cost of running a case

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Figure 2: Accessibility of legal services to children in tribunals

Source: Research findings (2013)

2.2 Procedures

and

considerations in

opening and

handling cases

The study found

different procedure to

be fallowed for one to

open a case. These

procedures are the

claimant should

obtain a letter from

The procedures to open a case in tribunals as revealed by respondents

The claimant obtain a letter from village office to the tribunal

Payment of a file and preparing charge sheet

Hearing the claimants

Arrangement for the date of mentioning the case

The claimants brings a claim

Chairperson call a meeting of tribunal members

To inform members of tribunals on the claim presented

To identify the nature of the claim and committee responsible

Calling defendant through a formal letter to attend a meeting

responsible

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village office and take a letter to the tribunal, the claimants brings a claim, then pay for

a file and then charge sheet is prepared, hearing the claimants, identifying the nature

of the claim and committee responsible, informing members of tribunals on the claim

presented, arrangement for the date of mentioning the case, chairperson call a

meeting, and calls the defendant through a formal letter to attend a meeting.

Essential requirement to be considered in handling a case in tribunals and commissions

is evidence from claimant and defendant. The tribunal has to be satisfied itself from

evidence provided by claimant, considering the case if has been opened in a required

area and considering whether minimum number of tribunal members is available at the

case. The information gathered from the respondents’ points of view are as presented

in table 1.

Table 1: Considerations when hearing the case

Responses Frequencies Percent

Evidence from claimant and defendant 69 47.6%

The tribunal satisfies itself from evidence provided by claimant

12 8.3%

Providing judgment 34 23.4%

Considering the case if it has been opened in a required area

15 10.3%

Considering whether minimum number of tribunal members are available during the case

15 10.3%

Total 145 100.0%

The considerations of human rights in hearing cases, the study found that 7%

respondents said that there is no consideration while 93% said there is a consideration

of human rights (Table 1). The evidence for absence of considerations mentioned by

respondents is limited understanding of residents on their rights and low level of

education among residents (Table 3). In view to human rights considerations, the study

revealed that defendant and claimant are given chance to give evidence on the claim.

However, in case one has not satisfied, appeal is allowed, people are encouraged to

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open claims. In addition, at the end of the case, tribunal members usually meet to

make evaluation of the case and legal procedures if followed firmly.

2.3 Special procedures in dealing with cases involving women and

children

The aim was to understand if the tribunals have special procedures for dealing with

women and children cases. 46% respondents reported to have special procedures and

arrangements for cases involving children and women. 44.7% respondents affirm that

women and children cases are handled under women and children desk at police

stations. The arrangements used are presented in table 2. Similarly, the study found

that there are no procedures to deal with case involving special group like elders,

disabled people, this was reported by 67.4 % of the respondents.

Table 2: Special arrangements for handling children and women cases

Arrangements

Responses

N %

Child name is not mentioned to the public 3 3.5%

The case is conducted in a special room 9 10.6%

The cases are handled in women and children desk 38 44.7%

No special arrangement or procedure 31 36.5%

All cases are treated equally 4 4.7%

Total 85 100.0%

In regards to time taken for a case to be heard and provide judgment, the study

revealed that there is no specific time for handling cases. Most cases handled by

tribunal members depend on the availability of evidence and the complexity of the case.

But most of respondent reported that if there is availability of evidence the case take 4-

5 days at a minimum, this was reported by 48.8% of the respondent. In fact, the study

shows that these cases handled in ward, village and District tribunals have to go to an

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average rate of more than 6 months. This situation noticed demoralizing residents to

send their cases in these tribunals. Likewise, most people who handle these cases I

tribunals, have inadequate skills in land and law related matters which becomes a big

constraint. In addition to this, cases are handled using only experience in Ward and

Village tribunals. It was learned that, most of members of these tribunals have not

obtained thorough training on legal matters to enable them to give justice in deciding

cases brought before them.

2.4 Quality of legal services in tribunals and labour and land

commissions for mediation and arbitration

The study revealed that the quality of legal services provided in tribunals to residents is

not satisfactory. In this regard, 49.6% of respondents emphasize that legal services at

village tribunals are of moderate quality while 42.2% reported to experience low quality

legal services and only 8.2% reported high quality legal services. At ward level tribunal

almost the same observation was experienced where 53.2% of the respondents

reported to experience moderate quality of legal services, 38.5% low quality and 8.3%

experienced high quality legal services.

In addition, at District tribunal, the study show that 45.8% of the respondents reported

to experience low quality legal services, 51.4% experienced moderate quality legal

services and 2.8% reported to have high quality legal services at district tribunals. In

view of labour and land commission for mediation and arbitration the services were

observed to be of moderate quality (Figure 3).

Figure 3: Quality of legal services at different levels of tribunals

11

0

10

20

30

40

50

60

low moderat

e

high low moderat

e

high low moderat

e

high low moderat

e

high low moderat

e

high

Villagetribunals

Ward tribunals Districttribunals

Arbitrator ofland

Arbitrator oflabour

Series1 42.2 49.6 8.1 38.5 53.2 8.3 45.8 51.4 2.8 40.9 41.7 17.4 54.1 37.8 8.1

Pe

rce

nta

ge

2.5 Hindrances for accessing legal services in tribunals and land and

labour commissions for mediation and arbitration

In Tanzania, access to legal services in tribunals is a right of every resident but it is not

always the case for residents to have easy access to legal services. The study result

show different impediments for residents to access legal services in these tribunals.

86.4% of respondents show that they do not get what they are required and the rest

show the opposite. Some reasons for the failure include existence of corruption

(23.6%), long distance which they have to travel to where tribunals are located

(16.5%), limited understanding of legal services among tribunal members (20.6%) and

poor working infrastructures like no enough room to accommodate the claimants and

defendants particularly at village and ward tribunals (25.1%). Other reasons include

extreme poverty and low level of understanding of human rights among residents

(14.2%).

Groups affected by limited accessibility of legal services are widows, low income

earners, people with disabilities, elders, children, women, orphans, and illiterate (Table

2). 96.1% of the respondents argued that; due to low accessibility of legal services,

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those living in rural areas are the most affected compared to those living in urban

areas. Furthermore, the accessibility of legal services to people with special needs like

elders and disabled is not easy and not user friendly due to lack of specialists in this

areas. This indicate future policy development intervention agenda to help these

groups of residents

Table 2: Groups affected by limited access of legal services to tribunals

Groups Responses

N Percent (%)

Widows 23 7.3%

Low income earners 100 31.6%

Disabled 52 16.5%

Elders 47 14.9%

Children 42 13.3%

Women 44 13.9%

Orphans 3 0.9%

Illiterate 5 1.6%

Total 316 100.0%

2.6 Challenges in handling cases and claims in tribunals

The study shows that there are several challenges which hinder proper handling of

cases and claims at Ward, Village and District tribunals. These are as presented in Table

3. In addition, respondents were asked whether the government provide funds for

delivering services to the public or not. 81.4% of members of tribunals respondents

show that they are not getting funds from the government and the rest do not know

but what they know is that they get money from payments done during opening the

cases. They further do not know whether this is what can be called government money

or what. In fact, incentives to workers who are handling these cases are minimal and

no government budget is provided at Village, Ward and district tribunals which is

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contrary to the provisions of section 27 (1) of the Ward tribunals Act of 1985, which

provides to the effect that; the members of the-Tribunal shall be paid such sitting or

other allowance as the appropriate authority may, in collaboration with the Ward

Committees, determine. This demoralizes workers and enhances corruption.

Table 3: challenges in providing legal services to community members

Challenges

Responses

N Percent

Residents' limited understanding

on by laws passed by tribunals

26 14.9%

Tribunal members are not paid allowances and salaries

29 16.7%

Lack of office stationeries 27 15.5%

Financial constraints 22 12.6%

Few elders in the tribunals 8 4.6%

Poor office infrastructure 33 19.0%

Low level of education among

residents

13 7.5%

No security guards 5 2.9%

Long distance which residents

have to travel to follow services

5 2.9%

Corruption 6 3.4%

In regards to working environment for ensuring justice to residents, the study revealed

that this is not conducive. 88% of respondents argued that there is no good

environment due to limited infrastructure and the rest see this as additional activity and

they do not bother and concentrate as their livelihood activity. The main reasons for

absence of conducive environment; includes lack of document storage facilities,

insufficient working premises, lack of fund for visiting affected residents and tribunal

members are not recognized and respected by government and other legal institutions

as presented in table 10 in appendix 2.

2.7 Proposed solutions and stakeholders to be involved

The Government of Tanzania legal reform programme of 1997, among others

emphasize on the need for involvement of different stakeholders in Ward, Village and

District tribunals. In achieving this; some constraints need to be minimized to enhance

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tribunals’ effectiveness. However, some proposed solutions which can be adopted to

facilitate easy provision of legal services to residents include provision of legal education

to residents (12.5% of the respondents) with the emphasis of increasing an

understanding of the residents on legal services and widening their knowledge of

human rights. Others included providing training to members of tribunals (14.9% of the

respondents) who emphasized that tribunal members have limited or no understanding

of legal procedures and statutory laws of the country and there is a need to provide

them with training on legal services in tribunals, this is crucial in ensuring quality legal

services and justice to all. In regards to corruption, which was noted to be among the

critical challenges in the tribunals, the respondents called upon joint effort with different

stakeholders including but not limited to civil society organizations and the media

(Figure 3).

Figure 3: Proposed solutions to the challenges facing tribunals

The challenges encountered by residents in tribunals are many and they cannot be

resolved at once. Improving working infrastructures and ensuring availability of working

requirements are among the proposed solutions to the challenges encountered by

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residents in tribunals. Others include adherence to good governance practices and

providing civic education to residents are among the proposed solutions to increase the

accessibility of legal services to residents at all levels and of different groups include

women and children.

The respondents called upon the involvement of different stakeholders to address the

challenges in tribunals and enhance easy and friendly access of legal services to

residents. Among the stakeholders proposed by residents are; human rights

organizations, civil society organizations, police, religious institutions, PCCB, Ministry of

Constitution and Legal Affairs, ward councilors, community members at large, elders

and the media. Other stakeholders who can help to bring changes and harmonize the

working environment in tribunals have been presented in figure 4. The respondents

called upon cooperation between the stakeholders to enhance residents’ access to legal

services and facilitate availability of justice to cases involving special groups, children

and women in tribunals and land and labour disputes at commissions for mediation and

arbitration.

Figure 4: Stakeholders to be involved in improving legal services in tribunals

Source: Research findings (2013)

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4.0 CONCLUSION AND RECOMMENDATIONS

4.1 Conclusion

Tribunals in Kilimanjaro region and Tanzania at large are now looked upon as the

engine room of handling different case at Village, Ward and District levels, example of

cases that are handled are land conflicts and marriage cases. The quality of legal

services provided in tribunals to residents is not satisfactory. The services are poor and

moderate in some areas. Thus, people do not find these tribunals to be useful, the

reason is corruption practices among the tribunal members and leaders. People who are

well off always use cash to bribe the members of tribunals so that they can make

judgment of a particular case on their favor. Also the quality of services is negatively

affected by challenges facing tribunals like poor working infrastructures, absence of

enough room to accommodate the claimants and defendants particularly at village and

ward tribunal, lack of office stationeries and insufficient working premises.

4.2 Recommendations

To improve the quality of legal services provided in tribunals to residents and improve

accessibility to justice by the public, the study recommend the following to the

government and other relevant stakeholders including but not limited to civil society;-

i) The provision of legal education to residents and members of tribunals, this will

increase the understanding of the residents and members of tribunals on

legal services and widening their knowledge of human rights.

ii) Improving working infrastructures and ensuring availability of working

requirements.

iii) To provide allowances to members and leaders of tribunals, this will motivate

them and will reduce corruption among the members and leaders of the

tribunals.

iv) To involve different stakeholders like human rights organizations, civil society

organizations, police and religious institutions

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v) Also for tribunals adherence to good governance practices so that justice to all is

accessible

vi) Citizens should be educated on the importance of using services provided by

these tribunals and abide by the decisions made by the tribunals. This will

help in reducing the work load of primary co

APPENDICES

Appendix 1: Questionnaires

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Appendix 2: Analysis of the responses from members of tribunals

Table 1: Considerations in hearing cases in tribunals

Responses Frequencies Percent

Evidence from claimant and defendant 69 47.6%

The tribunal satisfies itself from evidence

provided by claimant

12 8.3%

Providing judgments 34 23.4%

Considering the case if it has been opened in a

required area

15 10.3%

Considering whether minimum number of

tribunal members are available at the case

15 10.3%

Total 145 100.0%

Table 2: Reasons of absent considerations of human rights in hearing cases

Responses Frequency Percentages (%)

Limited

understanding of

residents about their

rights

3 60.0%

Low level of

education among

residents

2 40.0%

Total 5 100.0%

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Table 3: Reasons of presence of considerations of human rights in hearing cases

Reasons Frequency Percent

Defendant and claimant are given chance

to give evidence on the claim

51 77.3%

In case one side is not satisfied, appeal is

allowed

5 7.6%

People are encouraged to open claims 5 7.6%

At the end of the case tribunal members

meet to make evaluation of the case

1 1.5%

Legal procedures are followed firmly 4 6.1%

Total 66 100.0%

Table 4; Are human rights considered in listening cases in the tribunals?

Responses Frequency Percent

Yes 80 93.0

No 6 7.0

Total 86 100.0

Table 5; Are there special procedures in listening cases involving women and children?

Responses Frequency Percent

Yes 40 46.5

No 46 53.5

Total 86 100.0

20

Table 6: Are there procedures to deal with case involving people with special group?

Responses Frequency Percent

Yes 28 32.6

No 58 67.4

Total 86 100.0

Table 7: Reasons as to why there is minimal cooperation between the tribunals with community

members

Reasons Frequency Percent

Low understanding of residents

on their constitutional rights

7 87.5

Fear among women 1 12.5

Total 8 100.0

Table 8: Does the government provide fund for delivering services to the public?

Response Frequency Percent

Yes 16 18.6

No 70 81.4

Total 86 100.0

Table 9: Reasons as to whether government fund is provided in tribunals

Reasons Frequency Percent

No fund is provided by the

government

61 71.8

Tribunal are financed by

payments from the cases

24 28.2

Total 85 100.0

21

Table 10; Is the environment conducive for ensuring justice to residents?

Responses Frequency Percent

Yes 10 11.6

No 76 88.4

Total 86 100.0

Table 11: Justification for poor working environment in tribunals

Reasons

Responses

N Percent

Lack of document storage

facilities

56 47.9%

Insufficient working premises 37 31.6%

Lack of fund for visiting affected

residents

20 17.1%

Tribunal members are not

recognized and respected by

government and other legal

institutions

4 3.4%

Total 117 100.0%

22

REFERENCES

Ward tribunals Act of 1985

The Constitution of the United Republic of Tanzania of 1977 as amended from time to

time

Tanzania census report of 2002

The government of Tanzania legal reform programme of 1997