REMARKS BY HON. S.C. MOSHI, ACTING JUDGE IN CHARGE OF THE HIGH COURT, ARUSHA ZONE AT THE CLOSING CEREMONY OF CONSTITUTIONAL LITIGATION AND THE USE OF ICT IN THE ADMINISTRATION OF JUSTICE PROGRAM FOR JUDGES OF THE HIGH COURT

TANZANIA HELD AT AICC, ARUSHA, FROM 24TH TO 28H MARCH, 2018.

Hon. Justice Dr. Paul Kihwelo, the Principal of the Institute of Lushoto Judicial Administration;

All Judges of the High Court;

Distinguished Facilitators;

All participants;

Ladies and Gentlemen.

Good Afternoon!

It gives me great pleasure to join you for the closing of this training on constitutional litigation and the use of ICT in the Administration of Justice.

Hon. Judges and other participants, we have now come to the end of the program which started on 24th March, 2018 and ends today, on 28th March, 2018. This has been a very informative and enriching week of training where all the topics were very inciting and well covered by the various facilitators.

I wish to thank all of you, on behalf of the Judiciary of Tanzania for making this training a success; specifically for your active participation in the program, valuable presentations and plenary discussions.

I also wish to thank the administration of the Institute of Judicial Administration for organising this training and the World Bank for funding the training.

Similarly, I wish to thank the secretariat which comprised staff from the the Judiciary of Tanzania led by the Assistant Director of Training (ADT), Institute of Judicial Administration Lushoto, the High Court of Tanzania in Arusha, the Police Force, the Management of AICC for hosting the program and providing other services.

The Judiciary of Tanzania is implementing a Five Years Strategic Plan for the period of 2015/16 to 2019/2020 that is titled Towards citizens_ Centric Justice delivery Project. As I said during the opening of this training; this training was conducted as part of the implementation of the Judiciary Strategic Plan (JSP). The project is funded by the World Bank. I sincerely thank the Word Bank for funding this Project. We are indeed grateful.

The JSP has three main pillars, namely Governance, Accountability and Management of Resources, Access to Justice and Expeditiousness and Public Trust and Stakeholders Engagement. One of the strategic objectives for Governance is to increase efficiency in the judiciary business processes and enhance the use of ICT. This objective is in line with the Tanzanian Government ICT Policy of 2016. The judiciary is responsible for interpreting all laws and administering justice in the ICT environment and to ensure that ICT is mainstreamed in the justice framework in the country.

The Judiciary of Tanzania has already started to implement its ICT plan for efficient, effective and timely delivery of justice. The Judiciary has initiatives for e-justice like developing case management system, Electronic asset management, e- attendance register, e-complaints and court mapping. Plans are under way to formulate the ICT Policy Guidelines to guide ICT usage of equipment.

Marco Velicogna, a prominent researcher on ICT, in his paper which is titled Justice System and ICT, What can be learned from Europe he wrote that, “The use of information and technology is considered one of the key elements to significantly improve the administration of justice. The rapid development of technology opens up new opportunities that were unthinkable only a few years ago. Around the world, several statutory reforms have been introduced to allow the use of the exchange of electronic data and documents within national judicial systems, but also within supranational courts. The availability of web services, the possibility of consulting on_ line legislation and case laws, the use of electronic filing, the of legal documents, are only some examples that are spurring the judicial administration around the world to rethink their current functions and activities.”

The presenters have shared with you the following topics; practice and procedures in constitutional rights and litigation, individual and collective rights in the context of constitutional rights litigation, remedies in constitutional rights, the use of expert evidence and amicus curiae , ICT and legal research; the presenter presented how to use the web and internet in judicial legal research, ICT in the administration of justice; basic issues in computer use were explained , e- justice; under this subject the presenters were able to explain the current electronic platform or information system and services which are in place in the judiciary of Tanzania like overall case management system, updated JSDS, judgement data base and records and archives system.

Other topics included ICT whereby presenters took you through the five years judiciary strategic plan and you shared experience from the East African Court of Justice. Last but not least, you had an opportunity to hear from the CEO of eGA on an ICT and Cyber Security Issues.

Iam aware that several ICT activities have already been implemented; for instance video conferencing facilities that have been installed at Mbeya High Court Zone and IJA Kisutu Training and Information Resource Centre, JSDS; the statistics data management, the judiciary web site and recording systems in High Court Zones.

I am told that the Government Mailing System (GMS) has already been developed; the consultant for installation of Local Area Network (LAN) for all existing court building by 2018/209 has been procured. The project also involves installation of Wide Area Net Work (WAN) and GON NET i.e. connecting court buildings to government Network.

I am also aware that you had time to discuss laws, case laws and rules which relate to constitutional matters and you noted some issues like contradicting provisions of law. There is need of harmonising the different pieces of legislations.However, Iam firm that you have gained deeper understanding of the rules and practice obtained in as far as constitutional litigation is concerned.

I’m aware that the presenters have taken you through various activities. You had discussions, role plays, group works and you also had a chance of sharing of experiences on various topical issues. I am confident that the training has enriched you and increased your knowledge on ICT and constitutional litigation issues. I believe that you are now able to fully appreciate the use of ICT in performing your judicial work.

I wish you safe journey to your respective work places.

I THANK YOU FOR YOUR KIND ATTENTION!

SEKELA C. MOSHI

AG. JUDGE IN CHARGE

ARUSHA HIGH COURT ZONE