JUGDEMENTS OF AMATUS LIYUMBA

IN THE RESIDENT MAGISTRATE’S COURT OF DAR ES SALAAM
AT KISUTU
CRIMINAL CASE NO 105 OF 2009

REPUBLIC

VERSUS

AMATUS JOACHIM LIYUMBA



JUDGMENT OF THE COURT

BEFORE : - L.M. MLACHA, PRM B.B. MWINGWA, SRM

AMATUS JOACHIM LIYUMBA, the accused person was referred to this court with a charge with two counts. The first count has a charge of Abuse of office c/s 96(1) of the Penal Code (Cap 16 of R.E., 2002). The second count has a charge of occasioning loss to a specified Authority c/s 284 A (1) of the Penal Code (Cap 16 RE 2002). At the closure of the prosecution case, the accused was seen as having no case to answer on the second count.


He was seen as having a case to answer on the first count and was put to his defence.The particulars attached to the first count were that, Amatus Joachim Liyumba, on diverse dates between the year 2001 and 2006, within the City and Region of Dar es Salaam, being a person employed in Public service, serving in his official capacity as Director of Personnel and Administration with the Bank of Tanzania, did abuse the authority of his office by arbitrarily undertaking major decisions in the construction project of the Bank of Tanzania Christened 10 Mirambo Office Extension Project and implementing the same, an act which was prejudicial to the right of the Board of Directors of the Bank of Tanzania.


The Republic called 8 witnesses while the defence summoned 2. The Republic was lead by Mr. Juma, Senior State Attorney.He was assisted by Mhangamila State Attorney, Ben Linkolin and Tabu Mzee of PCCB. The defence was lead by Mr.Mkate who was assisted by Mr.Magafu, Mr.Ndusyepo and Mr.Kyauke Advocates. We appreciate the way the counsels of both sides have presented their cases. They gave us a good challenge. On our side, we had time to hear, think Scrutinise and weigh the evidence before us carefully. The panel was in the end divided on key points thereby leading to have a dissenting judgement. This is the majority judgement and the judgement of the court. Our brother, Mr. Mkasimongwa, will read the dissenting judgement thereafter.

The summary of the evidence for the prosecution as far as the first count is concerned is as follows: - That, sometimes in 1985, the Bank of Tanzania building got burnt. The Bank engaged a firm called Design and services Ltd to examined the building and advice as to whether it could be renovated or not. Mr. Shah, the Managing Director gave the opinion that the building could be renovated. There was a second idea that renovation should go hand in hand with building other structures so as to serve for the increasing operations of the Bank now and in the future. 

WAZIRI KOMBANI ATEMBELEA MAHAKAMA KUU, AONANA NA JAJI KIONGOZI PAMOJA NA WATENDAJI WA MAHAKAMA KUU

Waziri wa Katiba na Sheria Mhe.Celina Kombani akijadili jambo na Jaji Kiongozi, Mhe. Fakih Jundu alipomtembelea ofisini kwake leo, anaeshuhudia maongezi hayo(katikati) ni Jaji Mfawidhi, Mahakama Kuu, Kanda ya Dar es Salaam, Mhe. Semistokes Kaijage.   JAJI Vincent.K.D Lyimo ASTAAFU Jaji Mkuu wa Tanzania, Mhe. Mohamed Chande Othman akishuhudia Jaji Kiongozi, Mhe. Fakih Jundu akimkabidhi Shada la maua kwa Jaji Mstaafu, Mhe. Vincent.K.D Lyimo   Remarks From Registrar Registrar Court of Appeal Since the launching of the Legal Sector Reform Programme ten years ago, the Judiciary has made notable interventions in enhancing its functions in the administration of Justice and the Rule of law. Below are major findings, achievements & failures, lessons learnt and recommendations for improvement as outlined in service Delivery Survey. The Judiciary has achieved some notable changes in the following areas: the introduction of ADR, a functioning individual calendar system for disposition of cases, establishment of effective case flow management committees at national level and lower courts,

THE BRIEF HISTORY OF THE JUDICIARY OF TANZANIA

1.    INTRODUCTION:

The United Republic of Tanzania (URT) was born on the 26th April, 1964 when the Republic of Tanganyika and the Peoples Republic of Zanzibar united and formed a single country in the name of Tanzania.

The Administration of Justice in Tanzania is an exclusive constitutional mandate of the Judiciary of Tanzania (JOT) vide articles 4, 107A and 107B of the Constitution of the United Republic of Tanzania 1977, Cap. 2 of the Laws. Its history can be traced back to the pre-colonial era, which said history developed gradually depending on the political and economic organization of the society as demonstrated herein bellow.

Despite the union of the two countries, one can still safely argue that Tanzania enjoys a twofold Legal System namely; that which applies in Tanzania Island (Zanzibar) on one hand and the other which is relevant to Tanzania Mainland (Former Tanganyika) though the two systems merge at the apex for, appeals from both the High Court of Zanzibar and that of Tanzania Mainland go to the Court of Appeal of Tanzania which is the Union Organ.