Court established 1 a court called the magistrates court of western australia is established. A resident magistrate is a title for magistrates used in certain parts of the world, that were, or are, governed by the british. This act provides with respect to the jurisdiction, powers and functions of magistrates courts and for other related matters. Act to amend the magistrates courts act, 1944, and the law relating to criminal procedure and evidence in matters incidental thereto. In this act, unless the context requires otherwise. E 2002 7 section 3 and 4 of the magistrates courts act, cap. Court of appeal means the court of appeal for tanzania established. Jurisdiction according to subject matter 6 section 5 of the magistrates courts act, cap. An act to repeal and reenact, with certain modifications, the magistrates courts, act 1963 part i preliminary. Civil jurisdiction of the high court of the united republic. Introduction to the magistrate system of virginia page office of the executive secretary department of magistrate services rev. Sierra leone south africa seychelles swaziland tanzania uganda zambia zimbabwe.
Act to amend the magistrates courts act, 1944, so as to regulate anew the quali. Magistrates courts act uganda legal information institute. An act to provide for the jurisdiction, powers and functions of magistrates courts and for other related matters. Jurisdiction of the primary court to be thirty to fifty millions tanzania shillings. This component will improve access to justice and court services. Magistrates courts act 32 of 1944 magistrates courts act 32 of 1944 assented to 16 may 1944 page 1 of. Magistrates courts appointment of magistrates act 1984.
The magistrates courts have jurisdiction to hear both criminal and civil cases. Section 9 amended by judicial matters amendment act 24 of 2015. Magistrates courts act 32 of 1944 legal assistance centre. This order may be cited as the magistrates court court of a resident magistrate variation of the designation order, 2018.
Introduction in 2002 the parliament of tanzania passed a law known as the written laws miscellaneous amendments act, 2002. An act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates courts and the functions of justices clerks, and to matters connected therewith, with amendments to give effect to recommendations of the law commission. Signed by the officer administering the government in. In this act, unless the context otherwise requires. It covers selective aspects of criminal procedure, evidence, substantive law and sentencing. It is particularly aimed at newly appointed magistrates, but it also contains reference material that will be useful for more experienced practitioners. Magistrates courts act table of contents rules of court. Power to transfer suits which may be instituted in more than one court.
The laws of tanzania online is intended as a tool for both the legal community and the general public. Court structure in tanzania the judiciary of tanzania is operated in the hierarchy of five tiers which are. Mahkamah majistret sits everyday except on public holidays. Signed by the officer administering the government in afrikaans. Magistrates courts act 32 of 1944 south african government. Like our own district court judge, the magistrate there can try only petty criminal cases. Civil, pecuniary, jurisdiction, high court, tanzania, amendment, act, impact. The act defines jurisdiction proceedings relating to land and in case of customary law.
Section 9 of the magistrates courts act, 1944 hereinafter referred to as the principal act, is hereby amended a by the substitution in subsection 1 for paragraph a of the following paragraph. Court of appeal with 16 justice of appeal high court and its four divisions with 81 judges resident magistrates court 677 district magistrates courts. The united republic of tanzania bill supplement no. There is also a constitutional court that was formed for resolving disputes that arise between tanzania mainland and zanzibar. Do not forget to turn on notification so you are always up to date.
The courts in the united republic of tanzania are arranged in a clear and very simple court hierarchy which has both superior and subordinate courts arranged in a hierarchical manner. Brief overview of the magistrates courts act, 2015 no. Chapter 11 the magistrates courts act an act to provide for the jurisdiction, powers and functions of magistrates courts and for other related matters. Pdf the independence of judiciary in tanzania asherry b p. Originating application that may be commenced in lagos state. Part ii establishment of magistrates courts, appointment of magistrates and law to be administered. Provided that when there is more than one magistrates court in the same division, the chief justice may direct the distribution of business between such courts. Sometimes abbreviated as rm, it refers to suitably qualified personnelnotably well versed in the lawbrought into an area from outside as the local magistrate, typically to be the guiding hand amongst other lay magistrates. This act may be cited as the magistrates courts act 1 984, and shall come into operation such date as the, minister may, by order published in the gazette, appoint, 2. The magistrates courts civil procedure rules arrangement of rules order 1 commencement of proceedings rules 1. For section 7s and 8 of the principal act there shall be substituted the following sections. These rules shall unless the chief justice earlier by notice in the gazette specifies an earlier or later date of commencement come into operation on the 1st february, 2019, and shall have effect in relation to all civil proceedings in a court, including so as is practicable proceedings pending. The second act was the rearrest and the incarceration of the complainants.
A magistrates court shall be subordinate to the high court and shall be duly constituted when presided over by a chief magistrate, a senior principal magistrate, a principal magistrate, a senior resident magistrate or a resident magistrate. Magistrates handbook for criminal cases zimbabwe legal. Schedule of cases to be heard by the courts on the following days. Subject to the provisions of section 9, any civil or criminal proceedings by or against any magistrate or officer of a magistrates court for any offence or matter. A magistrate for the federal territory is appointed by yang dipertuan agong on the recommendation of the chief judge whereas for respective states, a magistrate is appointed. Follow and subscribe to our youtube channel for updates on daily basis. A critical assessment of its interpretation and practical application by the courts in tanzania, hence research. That, after the inquiry, the resident magistrates court found. Click the button below to access bench books, and sometimes you might be asked to provide the. These rules shall unless the chief justice earlier by notice in the gazette specifies an earlier or later date of commencement come into operation on the 1st february, 2019, and shall have effect in relation to all civil proceedings in a court, including so as is practicable proceedings pending on the date of commencement. A primary court, in proceedings of a civil nature, may order the recovery of possession of. Jutas legislation ebooks the magistrates courts act 32 of 1944 prescribes the law and civil procedure relating to magistrates courts, including but not limited to the rules regulating the conduct of the proceedings of the magistrates courts of south africa. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of.
A primary court, in proceedings of a civil nature, may order the recovery of possession of land. Enacted by parliament of the united republic of tanzania. Magistrates courts act 32 of 1944 signed by the officer administering the government in afrikaans as amended by magistrates courts amendment act 40 of 1952 magistrates courts amendment act 14 of 1954 general law amendment act 62 of 1955 general law amendment act 50 of 1956 general law amendment act 68 of 1957 criminal law amendment act 16. Magistrates courts act 32 of 1944 sa sa gg 3346 came into force in south west africa on 1 december 1970 when the amendments made by act 53 of 1970 were brought into force. What are the jurisdictions of the magistrates court. This act may be cited as the high court act, 1985 and shall come into operation retrospectively on the 12th day of january, 1985. Those changes will be listed when you open the content using the table of contents below.
Act 7 magistrates courts amendment act 2007 1a in particular, the court shall, when conducting a trial of the offence of defilement, consider the need, in the interest of the child, to exercise its power under article 282 of the constitution, to exclude the press and the public from the proceedings before the court for reasons of. This handbook is intended to give guidance to magistrates when they deal with criminal cases. Appointment of appropriate judicial authorities and supervisory magistrates. Power of high court to withdraw and transfer cases. Magistrates courts are primary courts, district courts or courts of a resident magistrate. Magistrates courts act, hereinafter referred to as the. This research is mainly focused on the topic, independence of judiciary and administration of justice in tanzania. The object of the website is to make all the statutory laws principal and subsidiary legislation of tanzania in force available at one source on. Pdf the independence of judiciary in tanzania asherry. There are outstanding changes not yet made by the legislation. Dec 07, 2010 a subjcct to the magistrates act, 1993, and the provisions of paragraph b of this subsection and of section 10 of this act, the minister may appoint for any district or subdistricta magistrate, one or 15 more additional magistrates or one or more assistant magistrates and for every regional division a magislrate or magistrates. Magistrates courts amendment act, 2007, 2007 uganda legal. Ogalo pointed out that the acts complained of constituted contempt of court and also interference with the independence of the judiciary.
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