September 25, 2023
DAR ES SALAAM, Tanzania – The High Court of Tanzania has upheld President Samia Suluhu Hassan’s decision to extend the tenure of Professor Ibrahim Juma as Chief Justice, dismissing a constitutional petition challenging the move.
The decision, reached on Friday, comes after Humphrey Malenga, a Tanzanian citizen, lodged a constitutional petition seeking clarity on the retirement age of the Chief Justice and the President’s authority to suspend retirement age or extend the tenure of the Justice of Appeal who also holds the position of Chief Justice.
Judge Godfrey Isaya, presiding over the case, declared that the President possesses the constitutional authority to extend the tenure of the Justice of Appeal, specifically citing Article 120 (3) of the Constitution, when it is deemed in the public interest.
“The President has powers under Article 120 (3) read together with Article 118 (2) of the Constitution to extend the tenure of the Justice of Appeal to enable him to continue to discharge his duties, as such, I find the petition without merit. It stands dismissed,” Judge Isaya pronounced.
The petitioner, Humphrey Malenga, had sought a clear interpretation of Article 118 (2) of the Constitution, arguing that the age of retirement for the Chief Justice should be 65 years old, not in line with the Justice of Appeal’s retirement age.
Additionally, Malenga wanted an interpretation of a stand-alone Article that he believed precludes provisions of Article 120 (1)(2)(3) and (4) of the Constitution when determining the tenure or age of retirement of the Chief Justice. He also contested the application of Article 120 (2) and (3), which allow the President to suspend the retirement age or extend the tenure of the Justice of Appeal for public interest, arguing it shouldn’t apply to a Justice of Appeal who is also the Chief Justice.
However, Judge Isaya’s ruling emphasized that Article 118 of the Constitution cannot be interpreted in isolation but must be considered alongside Article 120. He noted that the President’s authority to extend the tenure of the current Chief Justice was both legally sound and in line with the Constitution.
“Article 120 (1) cannot be read in isolation of Articles 120 (2) (3) and (4). In that sense, the provision of Article 120 of the Constitution does apply to the Chief Justice. Consequently, suspension of retirement age or extension of the Justice of Appeal, who is the Chief Justice, pursuant to Articles 120 (2) and (3), is legitimate,” Judge Isaya explained.
The ruling brings clarity to the constitutional aspects surrounding the tenure and retirement of the Chief Justice, reaffirming the President’s authority to extend the term of a sitting Chief Justice when it serves the public interest.
President Samia Suluhu Hassan’s decision to retain Professor Ibrahim Juma as Chief Justice has been met with approval within legal circles, as it allows for continuity and stability within the judiciary.
