FLY ON THE WALL: Justice feeds off accountability
This is a momentous week. A week in which the judiciary brings together stakeholders in the justice system, to bring focus on the inter-operability between arms of government, and non-governmental agencies in the delivery of justice.
Just last week the fate of Tanganyika Law Society was sealed as an independent professional association, and reeled in under the tactful and watchful eye of the government through an Act of Parliament that effectively undermines its ability to be a watchdog organization.
It is not an easy walk these days in this country seeing as, on the one hand, one faction of society, sells the need for patriotism, patriotism which is defined as support for all positions postulated by the government.
On the other hand, the other half feels strongly that critiquing what the government and its agencies want and do, is the highest form of patriotism.
Thus as we commemorate the Law Week in Tanzania, there are several issues that we need to ruminate over: First and foremost, what is the role of rule of law for a just society and second, but not least in importance, does accountability have a role to play?
Societies are glued together by respect for the rule of law. It is a task that as individuals and as a collective , we have handed over to arms of the state, the responsibility to ensure that in spite of our differences in creed and others, we all live together in harmony.
The Judiciary cannot by itself dispense the idea of a peaceful society. The attainment of peace is thus a sum total of individuals and groups agreeing to respect individual freedoms while conforming to rules of fairness and natural justice.
Other arms of government including the Police, National Prosecution Service, the Prisons service and non-governmental agencies including Human Rights groups and indeed Tanganyika Law Society as well as Tanganyika Women Lawyers (TAWLA) are all important cogs in the wheel of justice.
It is the reason we worry that the government’s good intentions in reigning in the Tanganyika Law Society are not so good from where we as stakeholders stand. In other democracies the professional associations are truly independent of government meddling.
Not so long ago, the East African Lawyers Association to which TLS belongs as a corporate member was discussing how recognition can go across borders and allows for Tanzanian lawyers to practice in the rest of East Africa and vice versa.
It is our sincere hope that this set back, because it is, does not affect those negotiations and deny Tanzanian lawyers opportunity to practice professionally outside our borders.
With all their accolades and qualified lawyers in its ranks, the governments should not be deluded in thinking the dispensation of justice is its sole prerogative because it, certainly is not.
Individuals and groups, government or otherwise, have a major role to play in the justice system and which brings us to the second issue of accountability.
Without Accountability, justice cannot be seen to be done. Yet justice needs not only to be done but to be seen to done. The Judiciary dispenses with cases brought to it by the prosecutorial system and of course the arresting arm, the police.
Along this value chain if I may call it thus all must be accountable to the greater good of delivery of justice.
The police and all others must steer clear of issues that relate to bribery and corruption as these issues have over the years destroyed the ability of the justice system to be respected arbitrator in disputes between persons and between corporates.
It is our contention that for justice to prevail, we must maintain accountability levels that is above reproach. The police and the infamy of bribes just like the judiciary must be cats of yesterday and not today and the future.
But individuals too must avoid the temptation to buy justice for with a justice system that panders to the whims of highest bidder, is a failed justice system.
