The Constitutional Role of Judicial Service Commission in Protecting Independence of the Judiciary

Abstract

The judiciary is constitutionally vested with power to dispense justice to the citizens without fear, favor, ill-will or affection. This sacred function can only be effectively discharge if the judiciary exercises independence without any iota of interference from any person, body or organ. If that is the case it calls for the judiciary to defend its independence whenever interference is done or is likely to be done to it. This role, at any rate, is not intended to be discharged by individual judges. The appropriate organ to discharge this function is the Judicial Service Commission (JSC) which is mandated to ensure self-regulation of the judiciary. Judiciary is therefore expected to be at the frontline to always defend and promote the independence of the judiciary. This article, therefore, seeks to unveil whether or not the JSC of Tanzania is capable of protecting independence of our judiciary to enable the judges to perform their duty without reprisals or intimidations from any quarter. The author is of the view that a lot has to be done in terms of structure and mandates to realize rebirth of vibrant and independent JSC.