Zanzibar Legal Sector Reform Strategy€¦ · Web viewMufti’s Office Act No. 9/2001, The...

THE REVOLUTIONARY GOVERNMENT OF ZANZIBAR

May, 2014

MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS

ZANZIBAR LEGAL SECTOR REFORM STRATEGY

2014/15 – 2018/19

Zanzibar Legal Sector Reform Strategy May 2014

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TABLE OF CONTENTSTABLE OF CONTENTS.......................................................................................................i

ABBREVIATIONS............................................................................................................iii

GLOSSARY......................................................................................................................v

FOREWORD...................................................................................................................vi

ACKNOWLEDGEMENTS.................................................................................................vii

Part I: ZLSRP Narration.........................................................................................................1CONTEXT AND BACKGROUND.........................................................................................1

1.1 Introduction...............................................................................................................11.2 The ZLSRP Formulation Process.................................................................................31.3 Historical Context...................................................................................................... 41.4 The Constitution of Zanzibar of 1984 and the Movement Back to Common Law

Tradition....................................................................................................................51.5 Movement towards a Comprehensive Legal Sector Reform in Zanzibar...................81.6 Effective Coordination of Cross Cutting Reforms.......................................................9THE REFORM STRATEGY...............................................................................................10

2.1 Vision, Mission and Medium Term Strategic Perspective........................................102.2 Guiding Management Principles..............................................................................112.3 Overall Goal of the Strategy.....................................................................................112.4 The Organization of the ZLSRP Medium Term Strategy...........................................122.5 Summary and Contents of the ZLSR Strategy Document.........................................13REFORMING THE CRIMINAL JUSTICE.............................................................................14

3.1 Background and Context..........................................................................................143.2 Efforts Undertaken So Far........................................................................................143.3 Continuing Issues and Challenges............................................................................153.4 Expected Outcome...................................................................................................173.5 Strategic Interventions.............................................................................................173.6 Summary of the KRA................................................................................................26REFORMING CIVIL JUSTICE............................................................................................28

4.1 Background and Context..........................................................................................284.2 Efforts undertaken so far.........................................................................................294.3 Continuing Issues and Challenges............................................................................304.4 Expected Outcomes.................................................................................................314.5 Strategic Interventions.............................................................................................324.6 Summary of the KRA................................................................................................39IMPROVING ACCESS TO JUSTICE...................................................................................40

5.1 Background and Context..........................................................................................405.2 Efforts Undertaken So Far........................................................................................415.3 Continuing Issues and Challenges............................................................................425.4 Expected Outcome...................................................................................................42

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5.5 Strategic Interventions.............................................................................................425.6 Summary of the KRA................................................................................................45REFORMING THE ZANZIBAR CHILD JUSTICE SYSTEM.....................................................47

6.1 Background and Context..........................................................................................476.2 Efforts Undertaken So Far........................................................................................486.3 Continuing Issues and Challenges............................................................................496.4 Expected Outcome...................................................................................................506.5 Strategic Interventions.............................................................................................506.6 Summary of the KRA................................................................................................51THE ZANZIBAR NATIONAL LEGAL FRAMEWORK............................................................53

7.1 Background and Context..........................................................................................537.2 Efforts undertaken so far.........................................................................................547.3 Issues and Challenges..............................................................................................557.4 Expected Outcomes.................................................................................................567.5 Strategic Interventions.............................................................................................567.6 Summary of the KRA................................................................................................64THE STRATEGY’S IMPLEMENTATION AND FUNDING ARRANGEMENTS..........................65

8.1 Background and Context..........................................................................................658.2 Strategy’s Implementation Arrangements...............................................................668.2.1 Program Management and Coordination................................................................668.2.2 The Legal Sector Reform Secretariat........................................................................688.2.3 Ensure Financing of the ZLSRP.................................................................................698.3 Issues and Challenges..............................................................................................708.4 Planned outcomes...................................................................................................718.5 Broad Interventions of this KRA...............................................................................718.6 Summary of the KRA................................................................................................76Annex 1: The List of Legal Sector Implementing Institutions.........................................77

Membership of the Steering Committee............................................................................78Annex 2: Terms of Reference for Key Positions in the Reforms Secretariat...................79

Annex 3: List of Steering Committee, Secretariat and Drafting Team...........................83

Part II: ZLSRP Activity Budget.............................................................................................84Part III: Legal Sector Reform Strategy’s Result Framework..............................................113

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ADB African Development BankADR Alternative Dispute ResolutionAGC Attorney General’s ChambersCID Criminal Investigations DepartmentCJ Chief JusticeCLE Council for Legal EducationCRVS Civil Registration and Vital StatisticsCSOs Civil Society OrganizationsDANIDA Danish International Development AgencyDCP Deputy Commissioner of PoliceDNA Deoxyribo Nucleic AcidDPP Director of Public ProsecutionsEACA East African Court of AppealEIDHR European Instrument for Democracy and Human RightsEU European UnionFILMUP Financial and Legal Management Upgrading ProjectICT Information and Communication TechnologyIEC Information, Education and CommunicationsIT Information TechnologyKRA Key Result AreaLHRC Legal and Human Rights CentreLRCZ Law Review Commission of ZanzibarLTF Legal Task ForceM & E Monitoring and EvaluationMKUZA Mkakati wa Kukuza Uchumi na Kupunguza Umasikini

ZanzibarMoJCA Ministry of Justice and Constitutional AffairsMSWYWCD Ministry of Social Welfare Youth Women and Children

DevelopmentMTEF Medium Term Expenditure FrameworkNGOs Non-Governmental OrganisationsPOFEDP President’s Office Finance, Economy and Development

PlanningPOPSGG President’s Office Public Service and Good GovernanceRCU Reforms Coordination UnitREPOA Research on Poverty AlleviationRGoZ Revolutionary Government of ZanzibarSUZA State University of ZanzibarUNDAP United Nations Development Assistance ProgrammeUNDP United Nations Development ProgrammeUNICEF United Nations Children’s FundUSA United States of AmericaZAECA Zanzibar Anti-corruption and Economic Crimes AuthorityZAFELA Zanzibar Female Lawyers AssociationZLS Zanzibar Law SocietyZLSC Zanzibar Legal Services CentreZLSRP Zanzibar Legal Sector Reform ProgrammeZLSRS Zanzibar Legal Sector Reform StrategyZSGRP Zanzibar Strategy for Growth and Reduction of Poverty

(MKUZA)ZIEO Zanzibar Institute of Education for Offenders


GLOSSARY

Imams An Islamic leadership position mostly in the context of worship services and community guidance

Inter alia Among Others

Kadhi An Islamic Judge/Magistrate

Muafaka Memorandum of Understanding

Mufti The spiritual leader of the Muslims – An Islamic Scholar who is an

interpreter of Islamic law and qualified to give authoritative legal

opinion known as fatwa

Sheha The leader of the lowest Government administrative unit in Zanzibar

Shehia The lowest Government administrative unit in Zanzibar

Ulamaa Islamic Scholars

Vakils Officers of the Court admitted into the Roll and allowed to represent

clients in the Primary Court and Kadhi’s Courts in Zanzibar

Chuo Cha Mafunzo Zanzibar Institute of Education for Offenders, which elsewhere are

known as prisons

Wakf The permanent dedication by any person professing the Muslim Faith

of any property for any purpose recognised by Muslim law as

religious, pious or charitable.

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FOREWORDThe Zanzibar Legal Sector Reform Strategy is a result of concerted efforts of many internal

and external stakeholders who wish to bring positive change to the way legal matters are

handled. The vision of this strategy is ‘An effective and functioning legal Sector’ and

‘Ensure existence of a legal sector that is co-ordinated and thus promotes rule of law and

good governance’ is its mission. The overall objective of the strategy is ‘ensuring timely

accessible justice and the rule of law for all’. The strategy offers a sample of

considerations that are normally the focus attention of governments that seek to impact

positively on developing justice systems within a Democratic State. The fact that legal

matters concern every individual person in Zanzibar and elsewhere indicates the

significance of our Ministry and its Institutions.

The Legal Sector Reform Strategy is a medium term strategic plan which identifies five

core Key Result Areas as follows: Reforming the Criminal Justice; Reforming the Civil

Justice; Improving Access to Justice; Reforming the Zanzibar Child Justice System; and The

Zanzibar National legal Framework. The critical role of the Legal Sector in promoting good

governance, rule of law and socio- economic development of the country and in

protecting human rights is emphasized. Over the years, initiatives have been undertaken

aimed at strengthening the legal sector in Zanzibar. This strategy considers such initiatives

in a more comprehensive manner, hence improved legal sector as a whole.

This Legal Sector Reform Strategy was developed with strong support and commitment of

our development partners, our colleagues in sector ministries, civil societies and

academic institutions. Indeed the Strategy can only be effectively implemented with full

collaboration of all key stakeholders.

We look forward to receiving strong cooperation which will enable implementation of

this government policy thereby achieving the stated objectives.

Abubakar Khamis Bakary

Minister for Justice and Constitutional AffairsZanzibar

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ACKNOWLEDGEMENTS

The Zanzibar Legal Sector Reform Strategy 2014-2019 has been designed to build on the

achievements of ZLSRP (2013-2014) and consolidate the gains to date. The development

of this strategy succeeded immensely by involving stakeholders in providing inputs to

every Key Result Area. The Ministry would like to extend its sincere appreciation to the

participants from public and private sectors whose stimulating comments and dialogue,

their hard work, dedication, collaboration and expertise have enriched this Strategy

greatly.

The Ministry wishes to express its gratitude to all stakeholders for their recommendable

efforts to the development of the strategy, to all members who participated in this

process, and to all staff who contributed to the obtained achievement. The Ministry is

also grateful to the Ministry responsible for Children Affairs for their support.

The Strategy was made possible through the generous funding by the UNDP who not only

funded the series of the process activities but also the technical assistance to support the

facilitation of the entire process. For all of them we really appreciate their commitment

for this work and we are so grateful.

It is impossible for us to mention each person who was involved in this process but we

would like to thank all of you who have been a source of information and inspiration in

our work and contributed positively in the development of this Strategy. We encourage

all of the stakeholders to spare some time and resources to support its implementation

which is essential for the realization of the expected achievement.

Assaa Ahmad RashidPrincipal Secretary

Ministry of Justice and Constitutional AffairsZanzibar

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Part I: ZLSRP NarrationCH

APTE

R 1 CONTEXT AND BACKGROUND

1.1 Introduction

In recognition of the importance of the justice system, governments make significant

investments to reform their institutions; review its rules and procedures; train and equip Legal

Sector Staff with new tools and ways to undertake their jobs. The Revolutionary Government

of Zanzibar (RGoZ) also recognizes the value of the justice sector and has, over the last ten

years, been undertaking a number of reform initiatives which have contributed to remarkable

improvements. However, most of these reforms have not been comprehensive in focus and

magnitude. In that regard, the RGoZ has decided to implement a Legal Sector Reform Program

(LSRP).

1.1.1 Background and Context

Zanzibar is one among the two countries forming the United Republic of Tanzania1. It consists of

two main islands, Unguja and Pemba and other small isles with a total area of 2,654 sq km.

According to the National Population and Housing Census of 2012, Zanzibar has a population of

1,303,569 with a growth rate of 2.8%. Zanzibar has its own government with a legislative

assembly known as the House of Representatives (HoR), the Executive headed by the President

of Zanzibar and its own Judicial System.

The Revolutionary Government of Zanzibar (RGoZ) launched the Zanzibar Development Vision

2020 articulating the country’s long term development strategy. The thrust of the vision is to

1 See Section 2 of the Constitution of Zanzibar, 1984.

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eradicate absolute poverty and attain sustainable development by 2020. To guide the

implementation of Vision 2020 in the medium term, Zanzibar has implemented two successive

medium term initiatives which are Zanzibar Poverty Reduction Plan (ZPRP) and the Zanzibar

Strategy for Growth and Reduction of Poverty (ZSGRP) popularly known as MKUZA.

MKUZA, which is in line with the Millennium Development Goals, spells out deliverables

through three interrelated clusters namely; Growth and the Reduction of Income Poverty,

Social Services and Well-being, and Good Governance and National Unity. Cluster one of

MKUZA, aims to achieve high and sustainable pro-poor growth; cluster two focuses on

improvement of the social well being of the people through the provision of affordable social

services. On the other hand, cluster three aims at promoting good governance and national

unity and it focuses on strengthening the capacity of government institutions and other actors

in the governance process, ensuring the rule of law, personal and public security and

accountability and transparency in the operations of public institutions.

The myriad of challenges facing the Legal Sector in Zanzibar as enumerated in MKUZA II

necessitate the development of a comprehensive Legal Sector Reform Strategy. It is worth

noting that the support provided to the Legal Sector has been piece meal, and fragmented and

funding could not comprehensively address the challenges facing the sector. It is in this regard

that the Revolutionary Government of Zanzibar considers Legal Sector Reform as a priority

area. It is imperative that the Zanzibar Legal Sector Reform Strategy is developed to ensure

sector wide coordination and achieve a comprehensive institutional and operational impact in

the Legal Sector in Zanzibar.

1.1.2 Justification of the Strategy

There are significant achievements such as establishment of DPP’s Office, enactment of pieces

of legislation, provision of awareness on legal matters through various media to the general

public, establishment of Children’s Court and increased number of magistrates. However, the

Legal Sector in Zanzibar continues to face a number of problems as stressed out in the

important national documents. MKUZA II identifies the following key problems being faced by

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the Legal Sector: inadequate institutional and operational capacity; low public awareness on

basic justice process and rights; poor infrastructure; delays in delivery of justice, and poor legal

practice and procedures; the sector responds slowly to new social, economic and technological

realities; inadequate legal support, absence of framework for managing and coordinating legal

training and education; underfunded courts leading to delay of justice.

This Strategy provides an opportunity to address holistically the challenges facing the Legal

Sector. It also provides a more comprehensive way of addressing Legal Sector issues; a

collective approach towards capacity development, maximizing individual strengths of the

agencies (both public and private) that form the chain of justice including a more fundamental

review of activities and a more systematic response, in light of Zanzibar’s legal sector capacity

development.

1.2 The ZLSRP Formulation Process

The preparation of the ZLSRP was undertaken over the period of February 2013 to January

2014. This task was done by consultants guided by a Steering Committee of representatives

from key Legal Institutions, Ministry responsible for Children Affairs and the Planning

Commission.

The development of the strategy was preceded by three studies, namely, The Capacity and

Needs Assessment, Assessment of Justice Needs and Obstacles, and Donor Mapping. The

intention was to establish how much had been done in the justice reform area and important

linkages among the initiatives in the core reform areas, gaps that require to be filled and

provide recommendations on a way forward. A considerable work was also done on Child

Justice Thematic area through the Ministry responsible for Children and Women Affairs. To

recognize the fact that Child Justice is an important part of Legal Sector Reform, this strategy

has included it as one of the Key Result Areas.

The work on drafting the strategy document for the Legal Sector Reform Program has been

undertaken by the Consultants in cooperation with the Legal Sector Reform Steering

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Committee of 10 members assisted by a Secretariat constituted of the Director of Planning

Policy and Research, Director of Administration and Human Resources, three Planning Officers

of the MoJCA and the Legal Sector Reform Coordinator. The UNDP was instrumental in this

process as it provided the financial and technical assistance that enabled smooth development

of this strategy.

The draft strategy document was shared in a number of stakeholders’ sessions with a view to

obtaining feedback. The publicity process will also include:

Presentation of the Strategy to the Inter-Ministerial Technical Committee;

Presentation of the Strategy to the Revolutionary Council of Zanzibar for discussion

and endorsement; and

Presentation of the strategy to the stakeholders.

1.2.1 Long -Term Perspective

Given the complexity of the challenges and lessons learned from other countries, as well as the

changes that are taking place in the world, the Zanzibar Legal Sector Reform requires

continuous and sustained reform efforts. It is, therefore, proposed that the ZLSRP be

implemented over a number of phases. This Zanzibar Legal Sector Reform Medium Term

Strategy (2014/2015 to 2018/2019) constitutes Phase 1.

1.3 Historical Context

The history of the Legal Sector in Zanzibar dates back to the 1830s when States that had

commercial or sovereign interest in Zanzibar signed treaties with the Sultan to establish

Consular Courts that had extra-territorial legal and judicial jurisdiction over their subjects. In

1860s the British rulers extended their extra-territorial jurisdiction to other subjects. The Sultan

later established the Sultan Courts in 1890s for the Muslim subjects. The two legal systems

were streamlined in 1920s and a unique dual legal system being a blend of the British Legal

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System and the Sultan Legal System grew. From the 1964 revolution to date, the Legal Sector

has been experiencing significant changes.

In an effort to address the challenges, between 1992 and 2000, the World Bank supported

extensive review of the legal system in Tanzania which covered both Mainland and Zanzibar. A

Legal Task Force2 (LTF) that was appointed, undertook an in-depth study of the Legal Sector in

the country. The study identified weaknesses in the Zanzibar Legal Sector and recommended

extensive changes. This is a project which came to be known as Financial and Legal

Management Upgrading Project (FILMUP) and which formed the genesis of the Legal Sector

reform in Tanzania. One of the successes in the FILMUP project was the establishment of the

Director of Public Prosecutions (DPP) Office in Zanzibar in 2002 as per the report

recommendations.

1.4 The Constitution of Zanzibar of 1984 and the Movement

Back to Common Law Tradition

In 1979 The Revolutionary Government of Zanzibar came up with the first Constitution since

the Revolution of 1964. More strides towards the return to the common law tradition were

made through the adoption of the second post-revolution Constitution in 1984. This

Constitution which came into force on 12th January, 1985 had some improvements including the

fundamental rights and freedoms guaranteed through a Bill of Rights. The Zanzibar House of

Representatives which was also provided for in the Constitution enacted a series of important

legislation touching on the Legal Sector. The main judicial institutions were firmly put in place

by the law. These are the High Court, Subordinate Courts, the Kadhi’s Court and the Court of

Appeal of Tanzania.

2 The Legal Task Force was chaired by Mr. Justice Mark D. Bomani, a prominent lawyer and former Attorney General of Tanzania. It had in its fold some prominent members from the legal sector and beyond. See GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA, Financial and Legal Management Upgrading Project (FILMUP): Legal Sector Report, Dar es Salaam: The Legal Task Force, 1996.

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1.4.1 The High Court of Zanzibar

Although the High Court of Zanzibar was provided for in the Constitution of Zanzibar of 1984 3

still a specific law was enacted to operationalize the functions of the Judiciary.4 It is the highest

court of record in Zanzibar led by the Chief Justice of Zanzibar and administered by the High

Court Registrar. In addition to the Chief Justice, there is a provision for not less than two High

Court Judges to preside. The President appoints the Chief Justice. He also appoints other High

Court Judges in consultation with the Judicial Service Commission.

Requisite qualifications for a High Court Judge are provided for under the Constitution5. A High

Court Judge, though appointed by the President, cannot be removed at the pleasure of the

President. A special procedure is provided whereby a Commission of Inquiry composed of three

Judges is first set to inquire and advise the President on whether or not there are sufficient

grounds for the Judge to be removed.

The High Court Act, No. 2/1985, specified judicial powers of the High Court. The High Court has

unlimited criminal and civil jurisdiction i.e. it can hear and determine any criminal and civil case

and appeal. The High Court is also conferred revisionary powers as per Section 8 (1) and it could

make revisions of the proceedings of any subordinate court. To date, the High Court of Zanzibar

enjoys concurrent jurisdiction with the High Court of Tanzania (Mainland).

1.4.2 Subordinate Courts

The Magistrates’ Courts Act, No. 6/1985 established two types of courts – civil and religious

based. The civil part consists of three courts that were subordinate to the High Court of

Zanzibar. These are the Primary Court (the lowest); the District Court; and the Regional

Magistrate Court (the highest). There was also a Juvenile Court which exercised powers under

the Children and Young Persons Decree. The way was opened for Advocates and state attorneys

to represent clients and the government respectively in the High Court, Regional and District

3 Section 93 (1) of the Constitution of Zanzibar, 1984.4 See the High Court Act, 1985 (Act No. 2 of 1985).5 Section 94 (3) of the Constitution requires that a High Court Judge possess a Law Degree and seven years of

experience.

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Courts only. They were not allowed to appear before Primary Courts. However, Vakils were

allowed to appear in Primary and Kadhi’s Courts only.

1.4.3 Kadhi’s Court

The Kadhi’s Courts are the oldest judicial institutions in Zanzibar. They have become very

important, if not indispensable judicial organs in Zanzibar legal system. Their role however has

been changing with time. Before 1963 they used to enjoy, under the disguise of Sultan Courts, very

wide powers. The Kadhi’s Courts Act, No.3/1985 established the existing Kadhi’s Courts and, unlike

its predecessors, which could hear and determine any civil suit applying Islamic Law where both of

the parties were Muslims, the new Kadhi’s Courts had limited jurisdiction. They were to handle

personal matters including marriage, divorce and inheritance6.

Appeals from the Kadhi’s Court went to Chief Kadhi’s Court and ended at the High Court where a

judge sits with four Sheikhs who are well conversant in Islamic Law and the decision is made on

majority basis.

1.4.4 The Court of Appeal of Tanzania

The Court of Appeal, which is a Union matter under the Constitution of the United Republic of

Tanzania, 1977, is recognised under the Judiciary in Zanzibar. Appeals from the High Court of

Zanzibar go to the Court of Appeal. Originally, there were two limitations to the jurisdiction of the

Court of Appeal in Zanzibar. Firstly, the Court could not handle anything relating to the

interpretation of the Constitution of Zanzibar of 1984. That was handled and ended at the High

Court of Zanzibar level. Secondly, cases emanating from the Kadhi’s Court. Again, these cases

ended in the High Court of Zanzibar. These two situations were provided for in the Constitution of

Zanzibar of 1984. Recently, an extra limitation has been added vide the 10th Amendment to the

Constitution of Zanzibar of 1984 adopted in 2010. Under this Amendment, all matters relating to

Chapter Three of the Constitution of Zanzibar, 19847 will also end at the High Court of Zanzibar.

6 It is important to make it absolutely clear that a Kadhi is a judicial officer. The Kadhi decides cases brought by the parties before his court. The Kadhi is not an Islamic spiritual leader. This is different from a Mufti who is the spiritual leader of the Muslims.7 This Chapter deals with fundamental rights and freedoms. This constitutional amendment thus limits pursuit of one’s rights and freedoms to the fullest.

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1.5 Movement towards a Comprehensive Legal Sector

Reform in Zanzibar

In recognition of the critical role of the Legal Sector in promoting good governance, the rule of

law and socio-economic development of the country and in protecting human rights, over the

years, the RGOZ has been undertaking several initiatives aimed at strengthening the Legal

Sector in Zanzibar. These include establishment of a number of institutions, improving

accessibility of laws of Zanzibar, increasing the number of judges and magistrates, reviewing of

existing laws as well as creating an enabling environment for Non-Governmental Legal Entities

and many other independent initiatives that seem to have resulted in limited positive changes.

Whereas these parallel and fragmented efforts have been useful, they focused on discrete

areas where project interventions were made, hence limiting the capacity assessments to

particular institutions or specific capacity components.

The existing political stability and support provide a unique opportunity for Zanzibar to embark

on comprehensive Legal Sector reform. Since September 2011, the United Nations

Development Programme (UNDP) has been supporting activities in preparation for a broad-

based Legal Sector Reform for Zanzibar under an initiation plan signed between UNDP and the

Zanzibar Ministry of Justice and Constitutional Affairs. The UNDP Tanzania supports Legal Sector

Reform in Zanzibar in response to the Revolutionary Government of Zanzibar’s priorities, as

outlined in the key strategic documents (Vision 2020, MKUZA II and the MoJCA 2011/2012

Budget) priorities. The support is also based on the UN Programmatic Framework - the United

Nations Development Assistance Programme (UNDAP) Outcome 1.2 of the Governance Plan

which says, ‘Select Public Sector Reforms in Zanzibar are developed and accelerated8.

Significant steps have also been taken in the reform of the child justice system, not least the

adoption of the Children’s Act No. 6/2011, which enshrined children’s rights, domesticating the

1989 UN Convention on the Rights of the Child and the African Charter on the Rights and

Welfare of the Child (1990) which established a comprehensive framework for child protection

8 There are other UN agencies which are supporting legal sector reform in different ways in Zanzibar. It would make sense if all these efforts were co-ordinated under the One UN approach.

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and juvenile justice. In order to operationalisze the Act, and in line with in the priorities in

MKUZA II (3.2.5), the strategic priorities of the Ministry responsible for Children Affairs and

Outcome 5 of the Governance Plan of the UNDAP, the Ministry, supported by UNICEF,

developed a Strategy for Child Justice Reform for Zanzibar. Therefore, the Legal Sector Reform

Strategy proposes to make child justice a thematic focus.

1.6 Effective Coordination of Cross Cutting Reforms

This reform strategy is developed in recognition that Legal Sector reform, as one of the

important reforms in Zanzibar, requires separate strategies. Other reforms include Public

Service, Economic Management, Public Finance Management and Local Government. In

recognition of the critical importance of having in place a coherent and effective institutional

framework, systems and processes as well as competent and well motivated staff in Legal

Sector institutions, the government has decided to develop and implement Legal Sector Reform

Program (ZLSRP).

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CHAP

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2THE REFORM STRATEGY

2.1 Vision, Mission and Medium Term Strategic Perspective

The transformation of the justice system is a medium term endeavour which will entail progress

beyond structural and process changes in the operations of the Legal Sector institutions

envisaged to be undertaken in the medium term. There is, therefore, a need to adopt a long-

term strategic perspective in undertaking the reforms. This perspective is informed by the

vision of the Legal Sector Reform Strategy, its mission, its core values and guiding principles as

outlined below.

2.1.1 Vision and Mission

The Legal Sector Reform Program has been designed in pursuit of the vision, mission, and core

values adopted by the Government of Zanzibar. The envisaged Vision of the future Legal Sector

is ‘An effective and functioning Legal Sector’. The Mission of the Legal Sector reform is ‘Ensure

existence of a Legal Sector that is co-ordinated and thus promotes rule of law and good

governance’.

2.1.2 Core Values

In the pursuit of the vision and mission of the Justice sector, all Legal Sector staff will be bound

by the following core values:

Accessibility and Transparency;

Accountability;

Equality and Fairness;

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Honesty;

Impartiality;

Integrity and Respect;

Professionalism and Efficiency; and

Tolerance.

2.2 Guiding Management Principles

In order to ensure that the conduct of justice system is consistent with the core values

mentioned above, the management of the legal system will be guided by the following

principles:

Results oriented: Legal Sector Institutions will be expected to focus on achieving results in

terms of specific outputs and outcomes which have a bearing on improvement of legal

service delivery and reduction of poverty to the citizenry. This will also involve instituting

systems and mechanisms to continually monitor and evaluate performance.

Client focus: The goal and operation of Legal Sector institutions will focus on meeting the

needs of beneficiaries of its services.

Prevalence of rule of law: The legal institutions will focus on the rule of law in which no

one is above the law and everyone is equal before the law.

2.3 Overall Goal of the Strategy

The overall goal of the ZLSRS is ensuring timely accessible justice and the rule of law for all. This

strategy intends to achieve the following specific objectives:-

i. To improve criminal justice system that guarantees security and safety for the people of

Zanzibar;

ii. To improve the civil justice system that makes civil litigation more efficient and

accessible;

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iii. To enhance equal access to justice and legal services;

iv. To strengthen child justice system that guarantees realization of rights and welfare for

the children of Zanzibar;

v. To improve the Zanzibar National Legal Framework to deliver justice efficiently and

effectively; and

vi. To manage and coordinate the implementation of the Strategy.

In order to ensure that the overall goal is achieved, the following principles have guided the

preparation of this Strategy:

(a) Lessons from other reforms currently being implemented in Zanzibar have been taken

into account after due consultation with government departments or agencies, general

public, and civil society organizations with similar undertakings.

(b) Since implementation of the long term strategy may be severely constrained in terms of

resources to achieve the Legal Sector objectives in the long term; this Strategy adopts a

medium term perspective in its implementation.

(c) Given the resource constraints, it has been necessary to conduct a painstaking process

of prioritization of activities and to establish consensus on a few high impact outcomes

that are realizable within a span of five years.

2.4 The Organization of the ZLSRP Medium Term Strategy

In identifying the priority interventions of the Zanzibar Legal Sector Strategy in the medium

term, the following have been identified as the six core Key Result Areas of the Strategy:

KRA 1: Reforming the Criminal Justice;

KRA 2: Reforming the Civil Justice;

KRA 3: Improving Access to Justice;

KRA 4: Reforming the Zanzibar Child Justice System;

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KRA 5: The Zanzibar National Legal Framework; and

KRA 6: The Strategy’s Implementation and Funding Arrangements

The first five KRAs are the core components while the sixth relates to management and

coordination aspects of the Strategy. The sections that follow herein below outline the planned

outputs under each of these components.

2.5 Summary and Contents of the ZLSR Strategy Document

The Zanzibar Legal Sector Reform medium term strategy is divided into eight chapters as

follows:

Chapter One & Two: Background and Context, Summary of the Document

The chapters provide background information on Zanzibar, the genesis of Legal Sector reforms

in Zanzibar and imperatives pushing the implementation of reforms. It emphasizes the need to

approach reform from a long term perspective and underscores the importance of viewing

ZLSRP as strategy for achieving the vision, mission, core values and guiding management

principles of the future Legal Sector.

Chapters Three to Seven describe the Program’s substantive 6 Key Results Areas. Each

description outlines the planned results (outcomes or achievements), broad interventions

to be used, the main targets (or outputs) to be produced, and the costs to be incurred.

Chapter Eight describes the strategy’s implementation and funding arrangement including

coordination as well as monitoring and evaluation of the program.

The following three self-contained Volumes support this main document:

Volume II is the Detailed Activities and Budget

Volume III is the Result Framework

Volume IV One Year Plan

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CHAP

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3 REFORMING THE CRIMINAL JUSTICE

KRA

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3.1 Background and Context

Zanzibar has adopted the general common law and English law criminal justice principles and

traditions. The Constitution of Zanzibar of 1984 contains provisions which guarantee equality

before the law, presumption of innocence until an accused is proved guilt, the right to a fair

trial, the right to life and personal freedom. However, despite of those constitutional

guarantees, the criminal justice process is one of the single fields of law under which human

rights may easily be encroached. The

encroachment may be in the form of

repressive laws, the inability of the system

to cope with modern international criminal

principles and standards, and poor or

insufficient provision of physical and

financial resources, as well as human

capital. The Zanzibar criminal justice system

is characterized with many of these

deficiencies hence the case for reform.

3.2 Efforts Undertaken So

Far

The following may be accounted for as the major efforts undertaken in the area of criminal

justice in Zanzibar:

14

FIGURE 1: SUMMARY OF KRA 1

STRATEGIC INTERVENTIONSStrengthen Criminal Justice framework; Enhance capacity of the Judiciary to Dispense Justice;Improve institutional and operational capacity of the Institute of Education for Offenders; andRevive and Implement Non - Custodial Sentences.

KEY OUTPUTS Review of Laws governing Criminal JusticeInvestigative and Prosecution capacity Public Awareness on Criminal Justice Records management at the Judiciary Improve Infrastructures and facilities of the Institute of Education for Offenders Enhance Reforms and correction of individual offendersEstablish the Probation, Community Service, and Parole systems


The establishment of the Office of the Director of Public Prosecutions in 2002 as an

independent public prosecutions department through the 8th amendment to the

Constitution of Zanzibar of 1984. This office was established as part of the wider

governance reforms with a view to strengthening the prosecution functions and

dispensation of justice. Following its establishment, the prosecution functions have

been separated from investigation functions. Prosecutions functions are now being

conducted by professionally trained prosecutors. The office is vested with overall

prosecutorial powers of criminal proceedings in Zanzibar. Via a civilianization of

prosecution services programme, the Office has taken over prosecutions functions

from the Police and other investigative organs in Zanzibar.

The major pieces of legislation regulating the criminal justice system in Zanzibar, the

Criminal Procedure Act and the Penal Act were re-enacted in 2004.

The preparation and adoption of a Criminal Justice Reform Framework for Zanzibar as

an initiative to analyse the current situation of the administration of criminal justice in

Zanzibar. The Framework provided the background to the current policies, institutional,

operational and human resource capacity of various institutions involved in the

administration of criminal justice. In addition, the framework identified the current

gaps and shortcomings in criminal justice system and proposed some solutions to

improve the sector.

3.3 Continuing Issues and Challenges

The Zanzibar criminal justice system, though it has undergone some reforms in certain areas,

continue to face a myriad of challenges. This Strategy seeks to address the following challenges:

i. Although the Criminal Procedures Act and Penal Act were re-enacted in 2004, another

major law, i.e. the Evidence Decree Cap 5 of the Laws of Zanzibar is still outdated. This

decree was last repealed and re-enacted in 1934. Moreover, the procedural and

substantive principles contained in the legislation remain in pari-materia with the Indian

15


Penal Law. There is, therefore, a need of reviewing these laws in the context of the

peculiar circumstances of Zanzibar.

ii. Poor or ineffective investigation leads to withdrawals or dismissals of some cases and

acquittals. This leads not only to demoralization of the public but also diminishes public

confidence in the administration of justice. In some cases requiring forensics and expert

evidence the Police Force is not capable in handling due to limited capacity in terms of

expertise, equipment and facilities.

iii. Investigators and prosecutors have inadequate capacity in modern forms of crimes e.g.

cyber crime, money laundering, human trafficking, copyright offences, offences against

or regarding people with special needs and advanced methods of criminal investigation

and prosecution.

iv. Inactive formal interagency forum which brings together the multi-institutions involved

in the administration of criminal justice in Zanzibar

v. There is limited public awareness on basic criminal justice processes resulting into weak

sharing of criminal information between the public and penal institutions. On the other

hand, there are limited private initiatives to encourage public participation in crime

prevention.

vi. The Judiciary, which plays a pivotal role in the administration of criminal justice, has an

out-dated criminal registry with no capacity for capturing and retrieval of vital criminal

information. It does not have modern facilities for recording of criminal proceedings and

it lacks the wherewithal to pay witness allowances thereby delaying disposition of

criminal cases.

vii. The probation and community service systems are not functioning, have weak

operational frameworks and limited human resources. In other words, they have

generally collapsed or are not being practiced, hence, a dire need for their revival and

strengthening.

16


viii. The Institute of Education for Offenders is suffering setbacks because of facilities not

being properly maintained and furnished; inadequate number of staff with appropriate

skills for the provision of physical, psychological and emotional needs of inmates;

absence of user special space and required facilities to address the needs and protect

the juveniles, and inadequacy of essential facilities such as clothing, bedding and food

for the offenders, as well as transport facilities.

3.4 Expected Outcome

Increased disposition of criminal cases

3.5 Strategic Interventions

This KRA aims to achieve a criminal justice system that guarantees security and safety for the

people of Zanzibar. This objective will be achieved through addressing the above identified

issues and challenges. Hence the KRA has been divided into four strategic interventions as

follows:

Strengthen Criminal Justice framework;

Enhance capacity of the Judiciary to Dispense Justice;

Improve institutional and operational capacity of the Institute of Education for

Offenders; and

Revive and Implement Non - Custodial Sentences.

The above proposed key reform interventions under the criminal justice reform component are

detailed below.

3.5.1 Strategic Intervention 1: Strengthen Criminal Justice framework

Criminal Justice is a broader area in the legal system of any country. It covers issues related to

combating and preventing crimes, crime information and reporting, investigation of crimes,

case management and civilianization of public prosecution services, etc. Key stakeholder

17


institutions include the Director of Public Prosecutions Office (DPP), the Police Force, the

Judiciary and the Zanzibar Anti-corruption and Economic Crimes Authority (ZAECA). Effective

and efficient Criminal Justice Framework is an important ingredient of the Criminal Justice

Framework. This intervention seeks to increase the capacity of criminal justice institutions to

deal with crimes as well as to win cooperation of the people in maintaining peace and

tranquillity in the country. The related issues are addressed in the following outputs under this

strategic intervention.

3.5.1.1 Output 1: The Evidence Decree Cap. 5 of the Laws of Zanzibar reviewed by June 2015

As mentioned above, the Evidence Decree Cap. 5 of the Laws of Zanzibar is outdated and thus

requires to be reviewed with the aim to put it in the contemporary

context of Zanzibar. Activities under this output include: (i) A

Team of Experts undertake review of the Evidence Decree Cap. 5

of the Laws of Zanzibar (1917), (ii) Undertake Consultative

Meetings and stakeholders workshops to discuss the draft Act, (iii) Approval of the Draft Law

and (iv) Print and disseminate the new Act.

Measurement: The new Evidence Act

3.5.1.2 Output 2: Criminal Procedure Act No. 7/2004 and Penal Act No. 6/2004 amended by

December 2015

Although in 2004, the Criminal Procedure Act and Penal Act were re – enacted, it has been

revealed that there are still some issues to be considered. There are several statutes creating

penal offences such as The Drugs and Prevention of Illicit Traffic

Drugs Act No. 9/2009, The Establishment of Mufti’s Office Act No.

9/2001, The Spinsters and Single Parent Children Protection Act

No. 4/2005 and some of Civil matters legislation to mention a

few. The Criminal Procedure Act No. 7/2004 does not provide procedures adequately to

accommodate some of these offences. On the other hand, The Penal Act No. 6/2004, which is

18

Year Annual Budget2014/15 75,530,0002015/16 5,230,000TOTAL 80,760,000



the major Penal statute, does not contain some major offences such as armed robbery and

emerging offences such as cyber crimes. The two laws thus need amendment. This work will be

done by a consultant working with the internal experts. Activities under this output include: (i)

A Team of Experts undertake review of the Criminal Procedure Act and the Penal Act, (ii)

Undertake Consultative Meetings and stakeholders workshops to discuss draft Acts, (iii)

Approval of the Draft Laws and (iv) Print and disseminate the new Acts.

Measurement: The amended Criminal Procedure Act and Penal Act

3.5.1.3 Output 3: Coherent Cooperation Framework for Administration of Criminal Justice

established and operational by June 2015

This output intends to put in place a mechanism which will increase cooperation and

information sharing among criminal justice stakeholders. Activities

will include (i) DPP Office prepares Framework for cooperation

(ii) Conduct meetings to discuss the draft framework and endorse

(iii) Operationalization of the framework (iv) Develop witness and

victim support programme and (v) Provide advanced training for

around 10 staff, chiefly from DPP and Ministry of Health to

undertake advanced forensic studies.

Measurement: Operational Cooperation Framework.

3.5.1.4 Output 4: Investigative and Prosecution capacity of Police Force and Prosecutors

respectively is enhanced and improved by June, 2019

This output will enhance capacity of Police Investigators and Prosecutors in both traditional and

modern forms of crime e.g. cyber crime, money laundering, human trafficking, drug trafficking,

copyright offences, and advanced methods of criminal investigation and prosecution. A number

of activities will include training of staff from the DPP Office, Police, the Judiciary, Zanzibar Anti-

corruption and Economic Crimes Authority (ZAECA), The Business and Property Registration

Agency (BPRA), Zanzibar Bureau of Standards (ZBS), Office of Copyright Administrator, Special

Departments and Institutions under the Ministry of Health including the Chief Government

19

Year Annual Budget2014/15 951,320,0002015/16 250,000,0002016/17 250,000,0002017/18 250,000,0002018/19 250,000,000TOTAL 1,951,320,000


Chemist, Medical Practitioners and Zanzibar Food and Drugs

Board. The training session will cover areas of fraud, corruption,

money laundering and e-crime/cyber-crimes, drug trafficking,

forensic examination, crimes related to intellectual property and

anti-terrorism. The trainings will be undertaken by various

international and national experts or institutions with expertise in the above fields.

The following activities under this output are intended to address such problems: (i) Undertake

a study on capacity assessment of Police Force in Zanzibar and implement recommendations;

(ii)Train 50 Police Staff from the CID to increase capacity to deal with crimes (iii) Develop

framework for regular public advisories (iv) Review the existing laws, rules and procedures with

an aim to increase enforcement of Police Supervision Orders and implement; and (v) Undertake

deep review of the Police Training College at Ziwani to enable to cater for emerging needs and

(vi) Undertake five tailor-made intense courses targeting 200 (targeting around 40 staff per

training session staff) from above mentioned institutions.

Measurement: Number of trained investigators and prosecutors.

3.5.1.5 Output 5: An effective Crime Detection Mechanism introduced by December 2016

As pointed out above, forensic and technical evidence is increasingly becoming important.

While such evidence is becoming dominant in criminal

prosecutions in developed countries, the institutions offering

forensic and technical evidence service in Zanzibar are weak and

some related services do not exist. The output intends to identify

and procure key basic equipment for criminal investigation.

Activities will include; (i) Review the standard

operating manual to include the collection, packaging, storage and delivery of evidentiary and

reference samples (ii) Enact forensic and technical evidence Law, (iii) Conduct need assessment

to identify requirements for installation of DNA machine, CCTV cameras, high frequency

communication radios, etc (iv) Construct the necessary infrastructure. (v) Train key staff, (vi)

20

Year Annual Budget2014/152015/16 601,820,0002016/17 502,930,0002017/18 175,890,0002018/19 397,500,000TOTAL 1,678,140,000

Year Annual Budget2014/15 326,880,0002015/16 3,369,320,0002016/17 90,000,0002017/18 90,000,0002018/19 90,000,000TOTAL 3,973,000,000


Procure, Install and Maintain DNA machine, (vii) Procure, Install and Maintain CCTV cameras,

high frequency communication radios, and other modern equipment and facilities.

Measurement: Operational forensic and technical evidence facilities.

3.5.1.6 Output 6: Public Awareness on Criminal Justice increased by June 2019

Low public awareness of criminal justice procedures, responsibilities and rights is one of the

major problems facing crime combating and prevention efforts in Zanzibar in so far as

identification of suspicious movements or mobilization of criminal activities is concerned. The

culture of trust among people prevalent in the society and belief in sorting out criminal matters

amicably and out of the public arena contributes to the problem. In order to raise public

awareness, a number of initiatives will be adopted to educate the public on the need and duty

to live according to the law.

Activities under this output will involve (i) Prepare and implement public awareness

programmes through the electronic, print media and public lectures

(ii) Devise strategies for the introduction of an effective system

through which public advisories will be promptly issued and

circulated (iii) Devise and implement clinical law programmes (iv)

Formulate and implement the Zanzibar Crime Prevention

Strategy; and (v) Draft and implement a Public Safety law.

Measurement: Public awareness activities

3.5.2 Strategic Intervention 2: Enhance Capacity of the Judiciary to Dispense Justice

Delays in the hearing and disposal of criminal cases including appeals are caused by many

factors, one being outdated records keeping. So far records of court proceedings are taken and

kept manually and there is poor record keeping at all levels of courts. The overall case

management has been challenging due to poor infrastructure, failure to timely pay witnesses

and assessors, and limited cooperation among criminal justice institutions. In some cases,

21

Year Annual Budget2014/152015/16 132,280,0002016/17 259,800,0002017/18 306,595,0002018/19 20,000,000TOTAL 719,275,000


individuals in the Judiciary are blamed on misconduct and misuse of their discretionary powers.

The following output will address this basic issue.

3.5.2.1 Output 1: An effective records management system developed and operational by

June 2017

The Judiciary plays a very important role in the administration of criminal justice. Handling of

criminal trials, at pre-hearing, during the hearing and post hearing stages determines the

manner and time within which justice will be delivered. Retrieval and tracking of cases has

always been a challenge due to limited capacity in terms of skills

and outdated records management system. This situation has

attributed to delays of cases and ultimately case backlog.

Activities will include; (i)Undertake a rapid assessment on the

existing Judiciary record management system, (ii) Implement measures to improve records

management system, (iii) Train the Judiciary staff on documentation and records management

and (iv) Hire technical firm to install and operationalize an ICT based case records management

system.

Measurement: Operational records management system.

3.5.3 Strategic Intervention 3: Improve institutional and operational capacity of the

Institute of Education for Offenders

The Zanzibar Institute of Education for Offenders handles the final piece in the chain of the

criminal justice system. Efficient system for treatment of offenders not only meets the purpose

of penalty imposed against the offenders but also minimizes the risk of those convicts

becoming hard-core criminals or reoffending. Treatment of offenders covers custodial

sentences, non-custodial and community system. The interventions outlined under this strategy

seek to address the challenges facing the existing offenders’ retention system. The objective is

to ensure that all offenders in Zanzibar are treated with respect due to their inherent dignity

and value as human beings. The following outputs address this situation.

22



3.5.3.1 Output 1: Two Centres for the Institute of Education for Offenders rehabilitated by

June 2017

As stated above, infrastructure for holding, rehabilitation and support service to offenders are

in poor condition both in Unguja and Pemba. The condition of

holding facilities makes it impossible to enforce rehabilitation

programmes effectively. Notwithstanding the goodwill by the

authorities in the Training Centres to ensure that offenders of

different categories are separated, in practice this may not

happen particularly where there is an over-crowding of the

available facilities.

This output covers rehabilitation of two existing facilities at Wete Pemba and Kiinua Miguu in

Unguja. Activities under this output include: (i) Hire a consultant for construction designing and

supervision (ii) Procure construction materials (iii) undertake rehabilitation (iv) procure

equipment, furniture and other facilities.

Measurement: Rehabilitated Buildings

3.5.3.2 Output 2: Construction of Hanyegwa Mchana Centre for Offenders completed by

December 2019

Construction of Hanyegwa Mchana started in 2012 with an intention to develop an effective

rehabilitative system that will meet the international human

rights standards. Among other things the constructed building

will guarantee separation between adults and children

offenders, which is the most perverse situation in the treatment

of offenders and prevention of crimes. It will also provide

facilities for children of detained mothers. The facilities to be

constructed are expected to consider aspects of sustainable reforms in the management of the

facilities as well as having provisions for toilet facilities, rooms for conjugal rights.

23

Year Annual Budget2014/15 260,400,0002015/16 4,018,400,0002016/17 5,400,000,0002017/18 02018/19 0TOTAL 9,678,800,000

Year Annual Budget2014/15 7,022,200,0002015/16 6,619,000,0002016/17 5,512,000,0002017/18 3,371,000,0002018/19 0TOTAL 22,524,200,000


Activities under this output include: (i) Undertake tendering process to hire a consultant for

supervision and a contractor for construction (ii) undertake construction (iii) procure

equipment, furniture and other facilities.

Measurement: Operational new facilities

3.5.3.3 Output 3: Four vehicles for the Institute of Education for Offenders procured by June

2016

Transportation of offenders to and from the courts is a function of the Institute of Education for

Offenders. For a long time, discharging of this function has been

challenging due to limited funds, inadequate vehicles as well as

complex geographical dimensions existing in Unguja and Pemba

Islands. This fact, therefore, necessitates acquisition of at least

four vehicles to serve the purposes. Under this output only one activity will be involved: (i)

Undertake tendering process to procure vehicles.

Measurement: New Vehicles for the Institute of Education for Offenders

3.5.3.4 Output 4: Efficient system that rehabilitates, reforms and corrects individual

offenders is established and operationalized by December 2018

Notwithstanding the goodwill by the authorities in the Training Centres to ensure that

offenders of different categories are separated, in practice this may

not happen particularly where there is an over-crowding of the

available facilities. Thus, petty offenders might find themselves in

the company of hard-core criminals. The psychological effect of

the situation makes it very difficult to rehabilitate even the most

obedient and conformist offenders. This output intends to put in place programmes that will

take into consideration the individual’s circumstances before imprisonment, the experience

24


Year Annual Budget2014/15 02015/16 02016/17 266,180,0002017/18 2,130,400,0002018/19 0TOTAL 2,396,580,000


obtained during imprisonment, and the period after they are released from the Institute of

Education for Offenders.

This output is informed by the following activities:- (i) Prepare and conduct literacy

programmes in penal institutions (ii) Amend the Penal Statutes to address the issue of

recidivism in an attempt to reduce the number of repeated or habitual offences, and (iii)

Conduct a study leading to preparation of a tailor-made after-release programmes for

offenders; (iv) Procure vocational and recreational facilities.

Measurement: Rehabilitative programmes

3.5.4 Strategic Intervention 4: Revive and Implement Non - Custodial Sentences

Non-custodial sentence is an effective system in the treatment of offenders as it offers many

opportunities in combining social, economic and psychological dimensions in the treatment of

offenders. If effectively implemented it is also a cost effective way of dealing with many types of

offenders. One of its key characteristics for success is effective, well organized and orderly

administration. Imposition and supervision of non-custodial sentences in the Zanzibar criminal

justice system is ad hoc, disorderly and without clear policy. Supervision and monitoring are

non-existent. The intervention aims at addressing the issue and formulates the most effective

system. The strategy will cover review of the existing system in terms of policy, legal,

operational and institutional set up.

3.5.4.1 Output 1: Probation system revived and operational by June 2016

As explained above, probation as one of the non-custodial sentences is an effective system in

the treatment of offenders as it offers many opportunities in the

treatment of offenders. Activities under this output are: (i)

Review Probation of Offenders Decree Chapter 15, (ii) Designate

and train the probation officers; and (iii) Develop guidelines for

probation services

Measurement: Operational probation services

25



3.5.4.2 Output 2: Community Service System Revived and Operational by June 2016

Community Service System was designed to reduce utilization of custodial sentences for those

minor offences, with the aim of benefiting the community from the

service provided by the victim. Although the Community Service

Framework was developed, there are still some shortcomings

caused by incomplete consideration of the framework.

Considering the advantages obtained through application of this system, this strategy proposes

the following activities to operationalize the framework:- (i) Commission a study to review

existing systems in terms of policy, legal, operational and institutional set up (ii) Designate and

train the community service officers; and (iii) Develop guidelines for community service.

Measurement: Operational Community Services

3.5.4.3 Output 3: Parole system established by June 2017

This system is applied to the imprisoned persons upon satisfaction to have demonstrated good

behaviour, to be released from prison temporarily with conditions. Criteria are set for the

trainees to qualify for the release. This system intends to reduce congestion in the centres and

to promote good behaviours among the inmates. Activities under

this output are: (i) Undertake rapid assessment for the

establishment of parole system; (ii) Enact relevant legislation (iii)

Designate and train parole officers; and (iv) Develop guidelines for

parole system.

Measurement: Operational Parole system

3.6 Summary of the KRA

This KRA aims at achieving a criminal justice system that guarantees security and safety for the

people of Zanzibar. The main areas of intervention include strengthening criminal justice

framework; enhancing capacity of the Judiciary to dispense justice; improve institutional and

26


Year Annual Budget2014/15 133,035,0002015/16 68,580,0002016/17 64,465,000TOTAL 266,080,000


operational capacity of the Institute of Education for Offenders and revive and implement non-

custodial sentences.

This KRA is budgeted at TShs. 45,091,099,000/= which is 39.1% of the entire budget.

27


CHAP

TER

4 REFORMING CIVIL JUSTICE KRA

2


Civil Justice is a system that enforces, restores, or protects private and personal rights. It is

about resolution of disputes among private individuals and entities. Civil Justice System includes

commercial disputes, personal injury claims and disputes between individuals and the

government. In Zanzibar the civil justice system includes also Islamic matters pertaining to

matters of personal status between Muslims like marriage, divorce, guardianship,

custody, Wakfs, inheritances and

maintenance in proceeding in which the

parties profess Islamic Religion. Civil justice

in Zanzibar is governed by several pieces of

legislation, the basic ones being the Civil

Procedure Decree Chapter 8 and the

Evidence Decree Cap. 5 of the Laws of

Zanzibar.

On the other hand, civil justice is concerned

with land matters. Land tenure system in

Zanzibar is administered under the Land

Tenure Act No. 12 of 1992 which otherwise declared all land in Zanzibar is a public land under

Section 3 of the Act. From the Land Tenure Act No. 12 of 1992, there are various other types of

legislation which deal with land issues, these are:-Land Registration Act No. 10 of 1990; Land

Adjudication Act No. 8 of 1990; Land Transfer Act No. 8 of 1994; Land Tribunal Act No. 7 of

28


STRATEGIC INTERVENTIONSStrengthen Civil Justice Framework; andEnhancing the capacity and visibility of the Kadhi’s Courts

KEY OUTPUTS Review of Laws governing Civil Justice Improve Registries (BPRA, RBD)Prepare an Alternative Dispute Resolution’s Act Put in place New Land Policy and a Comprehensive Legal Framework Operationalize the Labour Dispute Handling Unit Recognize the Dual nature of the Zanzibar Court System in the Constitution, Review Law and enhance Capacity of Kadhi’s Court


1994; Land Survey Act No. 9 of 1990 and Wakf and Trust Act No. 2 of 2007. This strategy will

address some of the issues related to land from the regulatory point of view.

As part of Civil Justice, labour disputes are not avoidable in an employment relationship. In

Zanzibar there exist dispute of rights and dispute of interest according to labour legislation. The

dispute of rights exists when either party claim for his right existing under the employment

relationship to be infringed by the other party. The dispute of interest exists when the party

which doesn’t have a direct right as stipulated under the employment relationship and

recognized under the contract of service claims to be affected by the act of other party. The

Labour Relation Act No 1 of 2005, stipulates that ‘’… any labour dispute whether existing or

apprehended shall, at first instance, be filed before the Unit in a prescribed form’’, and the

Dispute Handling Unit is empowered to deal with the filing of labour dispute, notification of

parties, summons, fixing of proceedings and other matter necessary for handling of such labour

dispute in a manner provided by regulation. Traditionally in Zanzibar these labour disputes

were settled under the normal civil courts where normal civil procedures were applied. This

strategy is going to address legal issues related to labour.

4.2 Efforts undertaken so far

Unlike the criminal justice system which has been witnessing some ad hoc reviews, the civil

justice in Zanzibar has never been comprehensively reviewed. There is no civil justice

framework that has been put in place to guide reform of the civil justice system. A few notable

efforts that can be accounted for include:

The on-going review of the Evidence Decree under the auspices of the Law Review

Commission of Zanzibar to address the technological advancement issues such as

admissibility of electronic evidence is at Cabinet stage while the review of the Kadhi’s

Court Act is at the Inter-Ministerial stage;

29


Enactment of the Births and Deaths Registration Act No. 10 of 2006, the Business

Registration Act, the Security Rights on Movable Property Act. The new Companies Act

was enacted and the Insolvency Act is at Ministerial stage;

The reorganization and restructuring of the former Registrar General’s Office that has

resulted into the establishment of three distinct offices namely, the Office of Copyright,

the Office of Registrar of Births and Deaths and the Business and Property Registration

Agency;

Establishment of the Office of the Mufti of Zanzibar by Act No. 9/2001, Re-

establishment of the Wakf and Trust Commission by Act No. 2/2007 and the ongoing

reforms taking place in the Wakf and Trust Property Commission (WTPC);

Ongoing land registration process supported by both Sustainable Management of Land

and Environment Project (SMOLE) and MKURABITA; and.

Establishment of Labour Relations Act No 1 of 2005, development of Mediation and

Arbitration Regulations of No 107 of 2011 and establishment of Dispute Handling Unit

in 2012.


The major issues and challenges facing the civil justice system in Zanzibar include the following:

Despite some efforts that have been undertaken, the civil justice system remains

outdated, complex and bureaucratic. As a result, the Zanzibar civil justice system is

slow, expensive and not easily accessible especially by the poor and marginalized

people. On another point, the system is governed by old and out-dated pieces of

legislation, i.e. the Civil Procedure Decree Chapter 8 and the Evidence Decree Cap 5 of

the Laws of Zanzibar. On the other hand, most of the recently reviewed and enacted

laws are not commensurate with the needs of the contemporary circumstances;

30


Alternative Dispute Resolution (ADR), which is a very effective vehicle for speedier

disposal of civil cases prevails in Zanzibar however there is no specific Act;

The reforms that have been undertaken in the business and civil registry systems have

taken too long to mature and yield the expected results. Hence the Zanzibar business

and civil registry systems remain out-dated and constrained. They mainly operate using

manual systems; and their staffing levels are incredibly low and without the requisite

technical skills to operate and maintain the systems;

Poor records keeping in the Commission for Wakf and Trust Property and the Mufti’s

Office;

Ineffective administration of land and dispute resolution, existence of various types of

legislations dealing with land issues and outdated land policy in Zanzibar; complicated

land tenure system; insufficient resources for quick land adjudication and registration;

and lack of maintained and sustainable land registry system;

Labour dispute settlement, case load of the Industrial Court and expensive dispute

resolution mechanism are the main challenges related to labour matters; and

Weak institutional capacity of the Kadhi’s Courts – in terms of premises, thin staff

complement, limited financial resources, and limited knowledge of Kadhi’s on both

Islamic as well as secular law; and limited functional relationship between Kadhi’s

Courts, the Wakf and Trust Property and Office of Mufti of Zanzibar pose challenges in

discharging its functions. Also the court does not have its own specific procedural

regulations to regulate the conduct of cases before it. Moreover, the highest appellate

stage for the Kadhi’s Court is the High Court of which involves a judge who may not

necessarily be a Muslim and thus erodes the spirit of its essence i.e. dealing with

Islamic matters;

4.4 Expected Outcomes

Increased disposition of Civil cases;

31


A simplified civil and business registration processes; and

Efficient land transfer.


The objective of reviewing the civil justice system is to make civil litigation more efficient and

accessible; push cases move faster; and make litigation cheaper. In order to achieve this

objective, the specific strategic interventions would include:

Strengthen Civil Justice Framework; and

Enhancing the capacity and visibility of the Kadhi’s Courts.

A detailed analysis of the specific interventions is provided in the sections that follow herein

below.

4.5.1 Strategic Intervention 1: Strengthen Civil Justice Framework

This strategic intervention aims at undertaking a comprehensive review of the basic legislation

governing the civil framework in Zanzibar i.e. Civil Procedure Decree (Chapter 8 of the Laws of

Zanzibar) and the Evidence Decree Cap. 5 of the Laws of Zanzibar, and update the related

legislation for the purpose of addressing the bureaucracies and complexities inherent in the

current system. The intervention will set ground for the establishment of a sound Alternative

Dispute Resolution System. Additionally, the intervention will strongly address the unfavourable

environment that surrounds the Civil Registration Categories of Civil Justice.

32


4.5.1.1 Output 1: Civil Procedure Decree and Evidence Decree Reviewed and Updated by

December 2016

As mentioned above, the Civil Procedure Decree Cap 8 and Evidence Decree Cap 5 of the Laws

of Zanzibar are outdated. Under the framework of Zanzibar laws,

Evidence Decree covers both Civil and Criminal matters. The

review of this piece of legislation (Evidence Decree) is thus

important for both Criminal and Civil justice. Realization of this

output therefore, is intended to review the Civil Procedure Decree with a view that some

processes to review the Evidence Decree have already started under Criminal justice

framework. To review the Civil Procedure Decree entails the following activities: (i) Commission

a Consultant to review the Civil Procedure Decree (Chapter 8), (ii) Implement recommendations

arising out of the review through enactment of the new Civil Procedure Act, (iii) Operationalize

the newly enacted Civil Procedure Act and (iv) Print and disseminate the new Act.

Measurement: New Civil Procedure Act

4.5.1.2 Output 2: The Zanzibar Business, Property and Civil Registries Reviewed and

Updated by December 2017

The Business Registry performs the basic roles of providing business information to the private

sector, and protecting vital private sector interests. On the other

hand, the Civil Registry ensures timely registration of vital events

(i.e. births, marriages, divorces, and deaths) occurring within

Zanzibar, with guarantees for equal access to the system for all

persons.

Currently, the Zanzibar Business, Property and Civil Registry systems are out-dated and

constrained. As earlier explained, they mainly operate using manual systems; and their staffing

levels are incredibly low and without the requisite technical skills to operate and maintain the

systems. Thus the activities to address this output would include:-

33


Year Annual Budget2014/15 148,950,0002015/16 432,195,0002016/17 663,590,000TOTAL 1,244,735,000


(i) Undertake a legislative review with a view to streamline, harmonize and consolidate the

civil registry functions (i.e. births, deaths, adoption, marriages, and divorces) into a

single legislation – a comprehensive law consolidating all the vital events;

(ii) Undertake a feasibility study for the integration of the civil registry system with the

health, education, voters registration, and national identification systems with a view to

enhancing efficiency and cost-effectiveness;

(iii) Conduct a staff needs assessment of the registries, prepare organizational

structures and strategic plans, as well as extensive capacity building through staff

recruitment and staff training in data maintenance and customer-service orientation

and care;

(iv)Finalize and implement regulations of the Business Registration Act, the Companies Act,

the Movable Property Securities Act, Insolvency Act, and Copyright Act; and

(v) Automate the Civil, Business and Property Registry Systems through systems

commissioning and installation; sorting of physical documents, classification, scanning

and digitization.

Measurement: Updated Business, Property and Civil Registries

4.5.1.3 Output 3: Other Civil Laws and Regulations Harmonized with a Newly Enacted Civil

Procedure Act by June 2017

This output entails scrutinizing existing laws governing operations of Civil Justice framework

with a view to identify contradictions, inconsistencies and overlaps

among them on the one hand, and with the new functions,

structures and institutions of government, on the other. In

particular the scrutiny will focus on areas within those laws that

are likely to constrain the realization of smooth administration of

Civil Justice. Some substantial preliminary work was done through

a programme commonly known as MKURABITA (Property and Business Formalization Program).

34

Year Annual Budget2014/15 02015/16 02016/17 396,740,0002017/18 02018/19 0TOTAL 396,740,000


However, these initial efforts need to be carried further. The Reform Strategy will address this

issue in a more coherent manner. Activities under this output will include: (i) Taking stock of the

work done through MKURABITA, hire a consultant to review all other laws related to Civil

Justice in Zanzibar; (ii) Implement the resultant Action Plan.

Measurement: Harmonized Civil Laws.

4.5.1.4 Output 4: Alternative Dispute Resolution (ADR) Act enacted by December 2017

Enhanced use of Alternative Dispute Resolution (ADR) is an effective way of making justice

more accessible and litigation faster and cheaper. The effectiveness

of ADR may be enhanced by the fact that a settlement can be

registered as a judgement of the court at whatever level and

enforced accordingly. ADR can also take place successfully at the

informal level. The activities would include (i) Undertaking a study

on the introduction of ADR to the Zanzibar Civil Justice System

and implement recommendations (ii)Train and provide capacity building to judicial staff and

other key Legal Sector personnel; (iii) Mount a serious campaign for the members of public on

the values of ADR in the disposal of civil cases.

Measurement: Alternative Dispute Resolution Act

4.5.1.5 Output 5: New Land Policy and a Comprehensive Legal Framework is in place and

operational by June, 2017

As noted above, issues related to land in Zanzibar are one of a challenging area. Apart from

having pieces of legislation on land, currently the process to

develop policy has remained incomplete over a long period of

time. Land Tenure System of Zanzibar is complicated. In the

contemporary time, with the increase in demand of land, there

has emerged haphazard selling and buying of land by individual.

This fact has resulted into many land disputes in both urban and rural areas. The capacity of

35

Year Annual Budget2014/15 377,880,0002015/16 576,290,0002016/17 99,000,0002017/18 02018/19 0TOTAL 1,053,170,000



Land Tribunal is limited in terms of human resources and infrastructure. On the other hand,

outdated land policy in Zanzibar provides challenge. Intervention under this output aims at

harmonising the situation between general land legislation and land controlled by the Wakf and

Trust Property Commission.

Activities under this output will include:- (i) Undertake policy research to study the policy

environment on issues related to land, (ii) Finalize the land policy formulation processes, (iii)

Develop a comprehensive land legislation and guidelines, (iv) Endorse, print and disseminate

the document, (v) Devise a system to fast track cases related to land and (vi) Fast track land

Registration process, (vii) Establish an efficient and sustainable land registration system.

Measurement: Land Policy.

4.5.1.6 Full operationalization of Labour Dispute Handling Unit in Zanzibar achieved by June

2017

The objective of establishing Labour Dispute Handling Unit is to speed up labour dispute

settlement, reduce case loads of Industrial Court, to make labour

dispute cheaper, to make sure that employers and employees are

getting their rights according to the existing labour laws. Activities

under this output will include: (i) Hire expert on dispute

resolution for three years; (ii) Acquire staff and provide trainings; and (iii) Establish Labour

Dispute Handling Unit in Pemba and procure equipment.

Measurement: Operational Labour Dispute Handling Unit.

4.5.2 Strategic Intervention 2: Enhance Capacity and Visibility of the Kadhi’s Court

Kadhi’s Court is established under the Kadhi’s Court Act No. 3 /1985 as amended in 2003. The

law vests the Kadhi’s Court with jurisdiction that is restricted to the determination of questions

of Muslim law relating to personal status, marriage, divorce or inheritance, in proceedings in

which all parties profess the Muslim religion. For one to qualify to be appointed as a Kadhi of

whatever level he has to profess and follow the Islamic Religion as well as possessing

36



recognized qualifications in Islamic Laws from any Institution approved by Council of Ulamaas

established under the Provisions of the Establishment of the Office of Mufti Act No.9/ 2001.

The Kadhi’s Court does not have premises of its own. It shares office premises with the secular

courts. Its chambers are not well furnished; it has a very thin staff compliment, and the

shortage of financial resources that cuts across the entire judicial system hits even harder on

the Kadhi’s Court. Thus, this strategic intervention aims at enhancing capacity and visibility as

well as ensuring modernization of the Kadhi’s Court at all levels. In the process of revamping of

the Kadhi’s Courts there is a need of setting out clearly the functional relationship between

Kadhi’s Court, Mufti’s Office and the Wakf and Trust Commission. The following outputs

address these issues:

4.5.2.1 Output 1: The Review of Kadhi’s Court Act No. 3/1985 Completed by June 2015

There has been a review of the Kadhi’s Court Act in the recent years. The review aims at

rectifying the above mentioned issues. This output is intended to

finalize the review process through the following activities:- (i)

Finalize the ongoing review of the Kadhi’s Court Act; (ii) Develop

Procedural Rules for the functioning of the Kadhi’s Court; (iii)

Engage Consultant to prepare Code of Conduct for Kadhi’s; (iv) Equip and staff the Kadhi’s Court

and (v) Review the Wakf and Trust Commission Act No. 2/2007 and Mufti’s Act No. 9/2001

aiming at harmonizing them with the provisions of the Kadhi’s Court Act.

Measurement: New Kadhi’s Court Act.

4.5.2.2 Output 2: The Zanzibar Constitution amended to visibly recognize the dual nature of

the Zanzibar Court System by June 2015

The Constitution of Zanzibar of 1984 does not visibly provide for the existence of the Kadhi’s

Court. The courts are established via the Provision of Section 100 of

the Constitution which vests powers to the House of

Representatives to establish other courts subordinate to the High

Court. Based on the facts that Kadhi’s Courts are crucial and

37

Year Annual Budget2014/15 857,180,000TOTAL 857,180,000



important to the Muslims in Zanzibar, who are estimated to be more than 90% of the

population, the courts need to be visibly recognized under the Constitution and accorded with

the appropriate status rather than established under a general provision. This output intends to

address this particular issue through the following activities:- (i) Undertake Deep Study about

Kadhi’s Court in Zanzibar with the intention to inform on the important changes in the Zanzibar

Judicial System (ii) Propose amendments to the Constitution of Zanzibar of 1984 (iii) Amend

the Kadhi’s Court Act to conform to the amended Constitution; and (iv) Review other Laws

governing the Judicial System to conform to the changes.

Measurement: Constitutional recognition of dual court system.

4.5.2.3 Output 3: Capacity of Kadhi’s Court in terms of infrastructure and human resources

improved by 2017

As stated above, The Kadhi’s court has limited capacity in terms of its human resource; it does

not have decent office space and lacks important equipment and

facilities. Together with the above stated interventions aimed at

improving the status of Kadhi’s Court, addressing issues of

capacity should not be left behind. Also, having Kadhis with

accredited qualifications and well equipped premises will raise

the status and respect of these courts. This output will address

the capacity issue in the context of the above stated situation. Activities under this output will

include (i) Through the help of Consultant, undertake Capacity Assessment of Kadhi’s Court; (ii)

Acquire qualified staff and provide training to Kadhis and other office Staff on matters

pertaining to their jurisdiction; (iii) acquire decent office space for Kadhi’s Court in Unguja and

Pemba; (iv) Procure office equipment, furniture and other facilities; and (v) As a matter of

urgency, build Kadhi’s Court Head Office in Unguja, (vi) establish modern and up to date

recording systems at the Kadhi’s Court, Wakf and Trust Commission and Mufti’s Office.

Measurement: Improved capacity of Kadhi’s Courts

38

Year Annual Budget2014/15 4,447,905,0002015/16 2,078,250,0002016/17 4,546,600,0002017/18 02018/19 0TOTAL 11,072,755,000



This KRA is built on that part of civil laws and in the context of this strategy issues addressed

include review of the parent laws guiding civil justice branch of law, addressing those areas

which pose a lot of challenges as well as seeing to it that the registration systems functions to

the satisfaction of the society. The objective of this KRA is to make civil litigation more efficient

and accessible; push civil cases to move faster; and make litigation cheaper.

This KRA is budgeted at Tshs. 16, 335,525,000/= which is 14.2% of the entire budget.

39


CHAP

TER

5 IMPROVING ACCESS TO JUSTICE

KRA

3


Access to justice entails a framework of legal protection setting out acceptable substantive and

procedural standards. Legal awareness on the part of providers and users is among the key

elements of this concept. The availability of legal services needed to link needs to enforceable

remedies, including legal aid and counsel are paramount. The Capacity and

Needs Assessment studies (2011) confirmed that access to justice is still a major concern to

many Zanzibaris, particularly those in the

rural areas, the poor and vulnerable. The

provision of legal aid services is limited and

uncoordinated, and the majority of

Zanzibaris cannot access the basic statutes

including procedural laws and legal

information due to many factors including

language barrier.

The legal aid policy which is now developed

will inform the development of the legal aid legislative and regulatory framework. The legal aid

law to be developed would provide a framework for the provision of legal aid in Zanzibar, the

establishment of the legal aid regulatory body, the legal aid coordination framework, criteria

for provision of legal aid, and recognition of paralegals. It will also provide for the most effective

and economical schemes for legal aid services and mandatory requirements for the code of

conduct for legal aid service providers. This KRA is also aimed at broadening the scope of legal

40


STRATEGIC INTERVENTIONSStrengthen the Institutional and Regulatory Framework for Legal Aid in Zanzibar; Enhance Ethical Conduct of Legal Practitioners and Staff; andIncrease People’s Accessibility to Legal Information

KEY OUTPUTS Legal aid legislative and regulatory framework is operationalEnhance Ethical Conduct of Legal Practitioners and StaffIncrease accountability and transparency of the Judiciary Translate laws into Kiswahili


practitioners, such as paralegals who are vital in the provision of legal aid services. It would also

be necessary to prepare a code of conduct for advocates and legal aid providers.

This KRA will, as well, address issues related to access to legal information. Interventions that

are geared at providing easy access to legal documents will include making them available in

the language of the indigenous.

5.2 Efforts Undertaken So Far

Modest progress has been recorded with respect to the Access to Justice Component as

hereunder:

Currently, there are three main actors in the provision of legal services in Zanzibar.

These are The Zanzibar Law Society (ZLS), the Zanzibar Legal Services Centre (ZLSC), and

the Zanzibar Female Lawyers Association (ZAFELA). Among these institutions, legal aid

is rendered by only two i.e. ZLSC, and ZAFELA;

There have been some efforts by the Government to develop legal aid policy through

the Ministry of Justice and Constitutional Affairs. The draft policy is now in the final

stages. This policy will put in place the legislative and institutional framework for the

provision of legal aid and establishment of a statutory body that will oversee the

provision of legal aid services in Zanzibar; and.

There are also some remarkable efforts by legal institutions in providing awareness

programs to the public through various ways. Media programs, newsletters, public

meetings, brochures have been provided by the DPP Office, Judiciary and the Police

Force to disseminate legal information. On the other hand, Non-state legal institutions

such as ZLSC, ZAFELA and ZLS have played a vital role to promote public awareness

through TV and Radio programs.


The challenges facing Access to Justice Component are:

41


The provision of legal aid services in Zanzibar is limited and uncoordinated due to the

absence of a policy and legal framework. The situation causes more problems to people

with special needs; and

Low public awareness on basic justice processes and people’s rights due to limited

access to the basic statutes including procedural laws and legal information


Increased proportion of people having access to legal aid services


The objective of this strategic intervention is to enhance equal access to justice and legal

services. This objective will be achieved through addressing the identified impediments

through:

Strengthen the Institutional and Regulatory Framework for Legal Aid in Zanzibar;

Enhance Ethical Conduct of Legal Practitioners and Staff; and

Increase People’s Accessibility to Legal Information.

5.5.1 Strategic Intervention 1: Strengthen the Institutional and Regulatory Framework for

Legal Aid in Zanzibar

In recognition of the importance of legal aid to securing access to justice for marginalized

groups in Zanzibar, the intervention seeks to deal with the absence of a legal aid coordination

mechanism, set quality standards for the provision of legal aid to the most vulnerable groups,

and put in place a robust regulatory framework that is required to govern the provision of legal

aid and strengthen the government’s coordination role.

The Children’s Act No 6/ 2011 and Criminal Procedure Act No 7/2004 respectively set statutory

obligation for the state to provide quality legal aid for children in the criminal justice system

and for cases involving capital offences. Action has yet to be undertaken to fulfil such

42


obligations; hence the need to develop a legal aid policy to meet and fulfil its primary obligation

and responsibility to ensure that the poor, marginalized and vulnerable people are provided

with legal aid appropriate to their needs and situation.

5.5.1.1 Output 1: Legal aid legislative and regulatory framework is operational by June 2016

As earlier pointed out the Revolutionary Government of Zanzibar has already started to develop

a Legal Aid Policy, which is now at the final stages. Policy

formulation will be followed by development of the legislative,

regulatory and institutional framework. Activities under this

output will include:- (i) Hire a team of experts to develop legal aid

legislative framework, undertake consultative and Stakeholders workshops (ii) Endorse the

Legislative and Institutional Framework (iii) Develop a Code of Conduct for legal aid providers;

(v) Print the final documents and disseminate; and (vi) Establish a regulatory and coordination

entity for Legal Aid.

Measurement: Operational Legal Aid

5.5.2 Strategic Intervention 2: Enhance Ethical Conduct of Legal Practitioners and Staff

Despite the recent increase in law graduates, the number of practicing lawyers in Zanzibar

remains exceedingly low. During the preparation of this document there were 92 advocates

admitted in the Bar according to the Zanzibar Law Society. Of these, there were only two

advocates in Pemba; the rest were based in Unguja. It would appear that this trend is facilitated

by the current legal framework regulating lawyers in Zanzibar. The Legal Practitioners Decree

Cap. 28 of the Laws of Zanzibar has become archaic, outdated and useless. As a result, legal

practitioners are not well guided in their activities.

ZLS, which is supposed to bring together practicing advocates and oversee their ethics and

conduct, is weak and has inadequate human resources capacity in terms of both numbers and

competence. The organization was registered in 1999 as a non profit organization under the

Societies Act No. 6/1995. The way it was registered is contrary to common law accepted

practices where such bodies are established through an Act of Parliament (HoR in this case).

43

Year Annual Budget2014/15 677,200,0002015/16 0TOTAL 677,200,000


On another point, the appearance of Vakils is restricted to Primary Courts and Kadhi’s Court.

Advocates and State Attorneys are prohibited to appear in the Primary Courts. Thus there is a

dire need for increasing the number of legal practitioners in Zanzibar.

5.5.2.1 Output 1: The Legal Practitioners Decree Cap 28 of the Laws of Zanzibar reviewed by

June 2015

This output, therefore, seeks to review and update the Legal Practitioners Decree Cap 28 with a

view to bringing it up-to-date, introducing provisions for the

establishment of statutory body, and imposing mandatory

requirements of its membership by all practicing advocates.

Activities under this output will involve: (i) Repeal and re-enact

the Legal Practitioners Decree, Cap. 28 /1941 to statutorily

establish the Practitioners Body and regulate legal practice, and (ii) Prepare and operationalize

Code of Conduct for Advocates, Vakils and legal aid providers.

Measurement: New Legal Practitioners Act

5.5.2.2 Output 2: Accountability and transparency of the Judiciary improved by 2017

The court process is complex to understand for majority of people, mainly the illiterate ones,

while the Judiciary, as an institution, is not accountable to any

known institution for failure of its internal procedures or even for

the wanton acts of its officials. In order to demystify this

situation, the Judiciary should take corrective measures.

Therefore, this output will entail the following activities:- (i)

Prepare Code of Conduct for Magistrates and Judges in Zanzibar (ii) Review the Public Service

Act, No. 2 /2011 (on matters concerning the Judicial Service Commission), (iii) Prepare

guidelines and rules for Judicial Officers, (iv) Review the High Court Act No. 2/1985 and

Magistrate’s Court Act No. 6/1985, and (v) Prepare rules for specialized courts: Industrial Court,

Land Tribunal, Commercial Court, Tax Tribunal, Rent Restriction Board etc.

Measurement: Accountability Framework.

44

Year Annual Budget2014/15 02015/16 264,520,0002016/17 0TOTAL 264,520,000



5.5.3 Strategic Intervention 3: Increase People’s Accessibility to Legal Information

With the exception of the Constitution of Zanzibar of which is available in both English and

Kiswahili, most of the other laws in Zanzibar are drafted in English. The language barrier affects

accessibility and is one of the causes for the public’s low awareness of the laws in Zanzibar.

Translation of some key laws into Kiswahili is aimed at ensuring public’s accessibility and

understanding of the laws.

5.5.3.1 Output 1: Key laws identified and translated into Kiswahili by 2019

The long term measure for addressing the public’s language barrier to accessing justice would

be to ensure that in future all laws are enacted in both English and Kiswahili languages. The

activities under this output will include: (i) Translate the following key laws into Kiswahili - the

Law of Evidence, the Law of Contract, the Civil Procedure, the

Criminal Procedure, the Road Transport Statute, Land Laws,

Labour Laws, the Penal Statute and the Kadhi’s Courts Statute, (ii)

Put in place a strategy for ensuring that all laws and bylaws are

made available in a simplified language and translated in Kiswahili

as a long term measure to addressing the language barrier.

Measurement: Translated laws


Access to justice entails a framework of legal protection setting out acceptable substantive and

procedural standards. Legal awareness on the part of providers and users is among the key

elements of this KRA. The KRA is focused on broadening the scope of legal practitioners such as

advocates as well as community level legal assistants such as paralegals who are becoming vital

in the provision of legal aid services. The objective of this KRA is to enhance equal access to

justice and legal services. The main areas of intervention under this KRA include strengthen the

Institutional and Regulatory Framework for Legal Aid in Zanzibar; enhance Ethical Conduct of

Legal Practitioners and Staff; and increase People’s Accessibility to Legal Information.

This KRA is budgeted at TShs. 1, 690,515,000/= which is 1.5% of the entire budget.

45

Year Annual Budget

2016/17 95,000,000

2017/18 66,545,000

2018/19 0

TOTAL 161,545,000


46


CHAP

TER

6 REFORMING THE ZANZIBAR CHILD

JUSTICE SYSTEM KRA

4


The Zanzibar child justice dates back to the Sultanate era when Islamic law and religious leaders

such as Sheikhs, Kadhis, and Imams were the common forums for its administration. The first

Juvenile Court in Zanzibar was introduced by the Juvenile Offenders Decree of 1935 which was

later repealed and replaced by the Children and Young Persons Decree of 1952.

In 2011, the Children and Young Persons Decree of 1952 was repealed and replaced by the

Children’s Act. This new Act incorporates international standards and norms on child justice;

establishes child-sensitive procedures and

mechanism in relation to children in conflict

with the law and children in need of care

and protection; and establishes a new

Children’s Court at the Regional level with

both criminal and civil jurisdiction. Under

the law, the Chief Justice is also empowered

to designate any Primary Court to be used

as a Children’s Court.

Children may come into contact with the justice system when they are victims or witnesses to a

criminal offence, if they are accused of a criminal offence or for other reasons where judicial

intervention is needed, for example regarding their care, custody or protection. Children can

struggle to access justice and enforce their rights unless the justice system recognises their

specific needs and vulnerabilities and has the capacity to respond effectively.

47


STRATEGIC INTERVENTIONSUpdate the policy, legislative and regulatory framework for Child Justice in Zanzibar

KEY OUTPUTS Review of the Policy and Legal FrameworkEnhance Public Awareness on Child JusticeImplement the Zanzibar Child Justice Strategy under the Ministry responsible for Children Affairs


A child sensitive justice system requires specialized procedures and institutions with designated

personnel specifically trained to deal with children. A functioning child justice system must

address the specific needs of children to ensure that their rights are served and protected. The

system will for example, hold accountable perpetrators of abuse against children, ensure

children can be removed from situations of significant harm and ensure that the most

appropriate response is provided for children in conflict with the law. The justice system should

ensure that children can access justice and seek to obtain redress and remedy for violations of

their rights in all criminal and civil matters.

6.2 Efforts Undertaken So Far

For a long time, the area of Child Justice did not undergo markable development until very

recently when the Children’s Act No. 6/2011 came into force. The following are considered as

significant achievement under this important arm of the justice sector that deals with issues

concerning children:

The Children’s Act was enacted on 6th July, 2011 and formally gazetted in May 2012,

incorporated key international child rights standards (particularly those contained in

the UNCRC and ACRWC) into domestic law and is the principal legislation relating to

children in Zanzibar;

Establishment of a National Child Justice Committee which involve the following key

Stakeholders: the Police Force, Office of the Director of Prosecutions, The Judiciary, and

the Ministry responsible for Children Affairs, Ministry of Justice, Law Review

Commission, Ministry of Health, Non State Legal Institutions, and the Institute of

Education for Offenders;

The Children’s Act introduced a number of far-reaching reforms that establish a

national framework of legal standards and procedures that specifically apply to

children in need of care and protection and children in conflict with the law. The Act

48


also establishes a new Children’s Court in each region with child friendly procedure;

and

Some more positive developments were registered in strengthening the institutional

response for dealing with children within the justice system. These include the

establishment of one designated Children’s Court, situated in the High Court Building.

This court is equipped with child friendly facilities that will give comfort to children who

are involved in cases; the Police Gender and Children’s Desks, a Child Protection Unit

within the Department of Social Welfare and Once Stop Centres at four health facilities

across Unguja and Pemba are operational to provide services to child victims of

physical and sexual violence.


Together with the progress so far recorded in the child justice sector, fully operationalization of

Child Justice System is yet to be realized due to a number of issues and challenges which will be

addressed in this strategy:

i. Fully operationalization of Child Justice, which needs a number of stakeholders to

work together, has remained a major challenge. There are no existing protocols to

guide interagency coordination between the police, courts, prosecutors and other

relevant stakeholders;

ii. Many of the people, including professionals are ignorant about existence of the

Children’s Act and thus do not have details of its provisions. Various actors in Child

Justice including the police, public prosecutors, magistrates and judges, welfare

officers and community actors have inadequate knowledge of standards and domestic

laws relating to child justice;

iii. Due to limited application of the new Children’s Act and lack of rules to accompany

the Act, perpetrators of violence and abuse against children are still rarely held

accountable for their actions;

49


iv. The vast majority of children do not have access to legal aid at any stage of the justice

process. Likewise, there is also a limited access for children or parents to legal

information, advice and representation in child justice cases; and

v. No approved schools or retention homes; detention of children with adults and poor

condition of detention facilities; and no care centres for children of detained mothers.


Increased conviction of perpetrators of violence and abuse against children


This KRA aims to achieve a child justice system that guarantees realization of rights and welfare

for the children of Zanzibar. This objective will be achieved through addressing the above

identified issues and challenges. In recognition with the fact that the strategy on Child Justice

was prepared under the Ministry responsible for Children Affairs in the 2013, many of the

operational matters are thus addressed. This KRA has only one strategic intervention:

Updating the policy, legislative and regulatory framework for Child Justice in Zanzibar.

6.5.1 Strategic Intervention 1: Updating the policy, legislative and regulatory framework for

Child Justice in Zanzibar

The Children Survival Protection and Development Policy was developed in 2001. It was not

immediately followed by the corresponding legislation. The Children’s Act was enacted ten

years later. Thus creates a point of departure between the two important documents. Currently

implementation of the Children’s Act does not correspond to the policy directives.

6.5.1.1 Output 1: The Children Survival, Protection and Development Policy reviewed and

updated by 2016

The above stated situation necessitates review of both documents so as to make them

harmonised. The activities under this output will include: (i) Implement the Child Justice

Strategy, (ii) Undertake policy review (iii) Develop a new children policy with its corresponding

50


Implementation as well as M&E Frameworks (iv) Review and update Children’s Act with a view

to bring harmonisation with the new policy and finalize preparation

of guidelines, and (v) Translate and disseminate the policy and

the Children’s Act.

Measurement: Harmonized instruments on Child Justice

6.5.1.2 Output 2: Awareness on Child Justice increased by June

2019

As stated above, Child Justice faces a challenge of limited awareness of not only the public but

also officials who are expected to implement the Children’s Act. On the other hand, meaningful

Child Justice is inextricably linked to the right-holder’s knowledge about his or her rights.

Without such knowledge, the right-holder will not always be aware

that a legal right or entitlement has been violated, and is less

likely to know what actions to take in order to seek remedy for

the violation. In order that the children in Zanzibar have access to

justice, it is therefore essential that they are aware of their rights and entitlements, and of what

to do or who to seek out if they feel their rights have been violated. This output will address all

these issues. The activities will include: (i) Design and implement activities to increase political

commitment for Child Justice Reform, (ii) Undertake publicity programs, (iii) Develop and

distribute accessible information on Child Justice country wide, (iv) Support Children’s Councils

and their corresponding Advisory Boards at all levels, as per the concerned legislation.

Measurement: Child Justice Awareness Program


This KRA is designed to make sure that the Child Justice System addresses the specific needs of

children to ensure that their rights are served and protected. This strategy compliments the

detailed Strategy on Child Justice which will be implemented hand in hand with it. Under this

51

Year Annual Budget

2014/15 2,304,830,000

2015/16 342,830,000

TOTAL 2,647,660,000

Year Annual Budget

2014/15 1,291,310,000

TOTAL 1,291,310,000


KRA, the main area of intervention is updating the policy, legislative and regulatory framework

for Child Justice in Zanzibar.

This KRA is budgeted at TShs. 3, 938,970,000/= which is 3.4% of the entire budget.

52


CHAP

TER

7 THE ZANZIBAR NATIONAL LEGAL FRAMEWORK KR

A 5


The Zanzibar legal framework has for many decades been polymorphous, i.e. it is highly

influenced by Common Law, the doctrines of equity, and the statutes of general application in

England; many of its Decrees were based upon the Indian Codes and Acts; and a substantive

body of Islamic law was, and still is, in force. In 1866 the British Consular Court

was established and it was later replaced by His Britannic Majesty’s Court for Zanzibar by the

Order in Council of 1897. Following the

1964 Revolution, The Zanzibar National

Legal Framework has passed a number of

stages intended to bring socio, economic

and political changes. These include the

introduction of the People’s Courts in 1969,

the first Constitution of Zanzibar in 1979

and the Constitution of Zanzibar in 1984,

which strengthened democracy, rule of law

and human rights in the country.

7.2 Efforts undertaken so

far

In recognition of the critical role of the Legal Sector in promoting good governance, the rule of

law and socio-economic development of the country and in protecting human rights, over the

53


STRATEGIC INTERVENTIONSUpdating and Improving the Zanzibar National Legal Framework;Provide Oversight to the Legal Practice; and Strengthen Institutional Capacity of Justice Agencies

KEY OUTPUTS Amend the Zanzibar Constitution Consolidate the Laws of Zanzibar and Revive the Zanzibar Law Reports Establish Case Management SystemInitiate a Faculty of Law at the State University and establish The Council of Legal Education Perform MoJCA’s Functional Reviews, increase Capacity of the Attorney General’s Chambers and LRCZ Improve Buildings, procure Vehicles and increase Skills Capacity of staff


years, the RGOZ has been undertaking several initiatives aimed at strengthening the Legal

Sector in Zanzibar. These include amendment of the Constitution of Zanzibar of 1984 to

enhance the autonomy status of the country and reflect current political, social and economic

developments, establishment of a number of institutions including DPP’s Office, improving

accessibility of laws of Zanzibar, increasing the number of Judges and Magistrates, reviewing of

existing laws as well as creating an enabling environment for Non-Governmental Legal Entities

to operate in the Isles.

The establishment of the Ministry of Justice and Constitutional Affairs (MoJCA) in 2010 is also

an achievement. The ministry is charged with responsibilities of overseeing constitutional, legal,

religious and civil society related matters. Previously, legal and constitutional matters were

minimized under the coordination of the Ministry of State (President’s Office) Constitutional

Affairs and Good Governance, which was established in 2000.

Other important specific measures include:-

The Law Review Commission of Zanzibar (LRCZ) has been given a new impetus since

2011. Its permanent staff complement has been substantially increased; it has a

fulltime Chairman who is a senior judge of the High Court and a number of part-time

commissioners. The LRCZ has also been allocated its own Vote and its budget has

significantly increased in recent years. The revival of the Law Review Commission is

important and particularly giving it new strength and confidence.

Act No. 6/2013 was developed to provide duties and functions of the Attorney

General's Chambers. Currently, the Attorney General’s Chambers (AGC) is in the

process of preparing the Revised Edition of Zanzibar Laws covering the period 1959 to

2012. Previously, only three revisions had been conducted in 1921, 1934, and 1958.

Ongoing construction of a new building that will accommodate the MoJCA, the

Registrar General’s Office, the Office of the Registrar of Births and Deaths, and the

Wakf and Trust Commission and completion of construction of the Attorney General

Chamber’s building. It is expected that these new office premises will completely

54


alleviate the office space problem that has for a long time affected the smooth

functioning of these institutions.

Establishment and operationalization of the Zanzibar Anti-Corruption and Economic

Crimes Authority by Act No. 1/2012.

Currently, there are three main actors in the provision of legal aid in Zanzibar. These

are The Zanzibar Law Society (ZLS), the Zanzibar Legal Services Centre (ZLSC), and the

Zanzibar Female Lawyers Association (ZAFELA).

There has been some initiatives by the government for the promulgation of a legal aid

policy and its legislative framework. The Policy will, together with other things, provide

guidelines for participation of the RGoZ in the provision of legal aid and establishment

of a statutory body that will oversee the provision of legal aid services in Zanzibar.

7.3 Issues and Challenges

The initiatives undertaken in the last few years as reflected above suggest that the efforts

notwithstanding, there are still significant issues and challenges in the Legal Sector institutions.

These include the following:

i. The on going process of review of the Constituition of the United Republic of Tanzania of

1977 suggests that the Constitution of Zanzibar of 1984 and a number of laws will need to

be reviewed and revised;

ii. The legal framework has not been updated. A mixture of old colonial laws, Decrees and

newly enacted laws by the House of Representatives continue to be used simultaneously.

Law Reports have never been printed since 1959. The existing Index of Laws that would

have kept abreast the legislative changes taking place in Zanzibar need to be review.

There is limited capacity for policy formulation and analysis, planning, coordination,

research, monitoring, and evaluation at the ministry level;

iii. Zanzibar does not have a State University offering law degrees. The first institution to

introduce legal education at university level in Zanzibar is the Zanzibar University, a

55


private institution of higher learning which has a Faculty of Law and Sharia. This is a very

insecure source of trained manpower for the Legal Sector;

iv. There is absence of framework for managing and coordinating legal training and

education and there is no institution in Zanzibar which is responsible for providing

guidance on how and what law is taught in institutions of higher learning. This situation

might affect the quality of legal education;

v. Absence of Legal Sector Policies and the corresponding legislation constrain the efficient

and effective functioning of the justice system; and

vi. Inadequate operational capacity of the Legal Sector institutions explained by limited

infrastructures, competent human resources as well as working equipment. The sector

responds slowly to new social, economic and technological realities.

All of these challenges hamper the Legal Sector’s ability to deliver justice efficiently and

effectively, improve good governance and contribute positively to pro-poor development. They

also have a disproportionate impact on access to justice by children and women .

7.4 Expected Outcomes

The overall goal of this KRA is to improve the National Legal Framework. The expected

outcomes are:-

A more efficient, effective and accountable justice sector, and

Legal Sector institutions with adequate capacities and conducive working environment.


This KRA aims at addressing the following interventions:

Updating and Improving the Zanzibar National Legal Framework;

Provide Oversight to the Legal Practice; and

Strengthen Institutional Capacity of Justice Agencies.

56


7.5.1 Strategic Intervention 1: Updating and Improving the Zanzibar National Legal

Framework

As already pointed out, the government has decided to review the National Legal Framework

with a view to improve institutional and legal framework. It was noted that development in the

Legal Sector took place in piecemeal way, resulting decimal realization of the benefits. The

output of this Strategic Intervention aims at having a coherent frame work defining the

important tools that need to be in place.

7.5.1.1 Output 1: The amended Zanzibar Constitution is in place by June 2015

Taking into account the ongoing process to review the Constitution of the United Republic of

Tanzania, Zanzibar will also have to amend its Constitution so as to

be in conformity to the provisions of the Union Constitution.

Activities under this output will include: (i) Initiate Constitutional

Review Process, (ii) Undertake Constitutional review meetings,

(iii) Conduct discussions with stakeholders, (iv) Amend the Constitution and (v) Print and

disseminate the amended Constitution.

Measurement: Amended the Constitution of Zanzibar of 1984

7.5.1.2 Output 2: Justice Sector Policies developed and implemented by June 2017

As noted above, initiatives in the Legal Sector institutions were

taking place randomly. This output aims at putting in place

relevant policies that are important to guide working of the Legal

Sector institutions. Activities will include (i) Consultants assisted

with local experts undertake Policy Research (ii) Develop Legal

Sector Policies, (iii) Conduct consultative and Stakeholders meetings, (iv) Endorse the Legal

Sector policies, (v) Print and disseminate the policies (vi) Implement International Conventions

and Regional Protocols recognized by the United Republic of Tanzania.

Measurement: Justice Sector Policies

57


Year Annual Budget2014/15 317,640,0002015/16 20,000,0002016/17 20,000,0002017/18 20,000,000TOTAL 377,640,000


7.5.1.3 Output 3: A Comprehensive Consolidation of the Laws of Zanzibar Undertaken by

June 2017

This work has already been commenced by the Attorney General’s Chambers. It involves the

preparation of the Revised Edition of Zanzibar Laws covering the

period 1959 to 2012. Given the limited financial resources the

AGC can access, it is important that the activity is addressed in

this reform strategy. On the other hand, the Index of Laws is an

important tool for research, learning, and acquisition of

knowledge of both the basics of the law and how to look for and

find the law. The Index would, therefore, provide a ready means of referring to the laws of the

Revolutionary Government of Zanzibar. The Index will keep its users abreast the legislative

changes taking place in Zanzibar. This output wishes to address these issues.

Activities under this output will include (i) Finalize consolidation of Zanzibar Laws, and (ii)

Prepare a Comprehensive Index of the Laws of Zanzibar.

Measurement: Consolidated Laws

7.5.1.4 Output 4: Revival of the Zanzibar Law Reports achieved by June 2017

The Law Reports, which enhance transparency and public access to court decisions, are not

being published in Zanzibar. This has contributed to the scarcity of

legal reference materials to the practitioners. The Law Reports

will mirror the work of the Judiciary and High Court in particular,

and the judgments reported will assist to guide the lower

Judiciary and the legal fraternity in Zanzibar on precedents and

stare decisis as well as ensure certainty and predictability. Thus the output seeks to revive the

Zanzibar Law Reports. The specific activities include: (i) Engagement of a consultant to clear the

law reports backlog from 1985 to date. The work of the consultant will involve sorting and

identifying judgments of jurisprudential value; edit the sort judgments; (ii) Make Law Reports

58

Year Annual Budget2014/15 02015/16 149,380,0002016/17 02017/18 173,310,0002018/19 0TOTAL 322,690,000

Year Annual Budget2014/15 02015/16 1,014,285,0002016/17 244,300,000TOTAL 1,258,585,000


available in electronic form; (iii) procure necessary office printing equipment; and (iv)

Strengthen the Zanzibar Law Resource Centre.

Measurement: Law Reports

7.5.1.5 Output 5: Case management system developed and institutionalized by June 2016

Caseflow management, case record system and case database for the Judiciary, the Police

Force, Office of the Director of Public Prosecutions, and Zanzibar

Law Society (ZLS) have been considered as priorities to enhance

policy decision making in the administration of justice, contribute

to the reform process and tackle corruption. This output aims at

developing and institutionalizing the case flow management system, adopt and install modern

recording system, digitization of the High Court Registry in order to enhance storage and

retrieval systems, as well as enhancing the capacity of staff in case management systems. The

results would be enhanced transparency thereby reducing the perceived corruption levels,

improved performance in the disposition of court cases, ensure availability and accessibility of

information, ease access and tracking of cases, and ensure availability of reliable and accurate

data.

This output intends to establish a mechanism which will reduce the time between when the

case is filed, heard, and disposed of. Activities will include (i) Undertake Case flow management

Analysis (ii) Develop and adopt case flow management system for the Judiciary, (iii) Digitalize

Judiciary information, (iv) Develop a case record management system and a legal database, (v)

Involve other players in order to make Case Management system effective and (vi) Conduct

capacity development for judicial staff in case and record management.

Measurement: Operational case management system

59



7.5.2 Strategic Intervention 2: Provide Oversight to the Legal Practice

7.5.2.1 Output 1: A Faculty of Law at the State University of Zanzibar established by

December 2019

As explained above, currently there is no government university offering Law degree in

Zanzibar. Thus, there is a need to establish a Faculty of Law at the

State University of Zanzibar (SUZA). Activities under this output

will include: (i) Carry out consultations and discussions with the

Ministry responsible for Education on the best modalities for

establishing the Faculty of Law at SUZA, (ii) Implement agreement

arising out of the consultations; and (iii) Seek and establish

modalities for students pursuing legal studies internally and abroad.

Measurement: Faculty of Law at the State University

7.5.2.2 Output 2: The Council of Legal Education Established by December 2015

Currently, there is no clear system on how a person becomes an advocate in Zanzibar. It is the

discretion of the Chief Justice of Zanzibar to grant any lawyer the

permission to practice law in Zanzibar. Like in many

Commonwealth countries, there is a need to establish a Council

for Legal Education (CLE) that will be responsible for ensuring the

quality of legal education in Zanzibar (i.e. through providing guidance on how and what law is

taught in institutions of higher learning in Zanzibar and practiced in its courts of law) and to

advise the Chief Justice on the suitability of candidates to be admitted into the Zanzibar Bar and

the criterion thereto.

This will reduce the wide discretionary powers enjoyed by the Chief Justice and ‘democratize’

the whole process by making it open and transparent. The ultimate aim should be to establish

the Zanzibar School of Law where law graduates could go for their practical which could earn

them automatic registration as advocates upon passing their examinations. This is already on

Tanzania Mainland through the establishment of the Law School of Tanzania. Under this output

60

Year Annual Budget2014/15 02015/16 02016/17 43,020,0002017/18 2,643,665,0002018/19 0TOTAL 2,686,685,000



activities will include: (i) Undertake a study on the modality of establishing Council of Legal

Education, and (ii) Implement study recommendation.

Measurement: Council for Legal Education

7.5.2.3 Output 3: MoJCA’s Functional Reviews performed and adopted by June 2017

The MoJCA’s current organization structure is not appropriate for the discharge of its mandate.

Constitutional affairs, law enforcement and compliance, and access

to justice issues are not reflected in the structure. The structure

and capacity of the MoJCA would need to be reviewed and

enhanced so as the Ministry is repositioned to provide leadership

of the sector, policy formulation and advice, planning, strategic

guidance, as well as promotion of the efficient and proper

functioning of the Legal Sector as a whole. Activities under this output will include (i) study on

the review work undertaken by the ministry responsible for Public Service with an intention to

finalize the assignment (ii) The new functions and structure shared with stakeholders, and (iii)

New structure and functions adopted.

Measurement: New structure

7.5.2.4 Output 4: Capacity of the Attorney General’s Chambers Increased by December 2018

The success of this Strategy will heavily depend on the close co-operation between the MOJCA

and the Attorney General’s Chambers of Zanzibar. This is because,

while the Ministry handles the policy matters, the Attorney

General is the chief adviser of the Government on legal issues.

The AGC is charged with the litigation of civil matters and the

drafting of various legislation. Activities under this output will

include:- (i) Procurement of modern equipment, books, journals

and other needs of office of that nature; (ii) Conduct training to the officers of the AGC in order

61

Year Annual Budget2014/15 02015/16 82,800,0002016/17 39,665,0002017/18 02018/19 0TOTAL 122,465,000

Year Annual Budget2014/15 02015/16 2,523,300,0002016/17 30,936,0002017/18 02018/19 0TOTAL 2,554,236,000


to enable them specialize and be able to handle complex legal matters particularly on drafting

of laws and various forms of contracts, and negotiating skills.

Measurement: Trained Staff

7.5.2.5 Output 5: LRCZ Capacity for Research strengthened by December 2019

This output aims at strengthening the LRCZ capacity for research which will also include

developing and operationalizing the organization structure of the

LRCZ. Activities under this output include: (i) Review the Law

Review Commission of Zanzibar Act No. 16/1986, (ii) Establish a

modern library to facilitate law research and review activities; and

(iii) Train 15 lawyers in research methodologies, law review

processes & review evaluation, research writing and reporting,

legislative drafting and computer skills for drafters.

Measurement: Trained Staff in Research

7.5.3 Strategic Intervention 3: Strengthen Institutional Capacity of Justice Agencies

This strategic intervention aims at addressing the challenges in the delivery of legal services

that are caused by physical infrastructural constraints such as office premises, working tools

and transport facilities, as well as address general staff skills gaps in all Legal Sector institutions.

The Judiciary’s poor infrastructure for example is worth highlighting as it contributes to delays

in the hearing and disposal of cases. Most of the court buildings have fewer court rooms to the

extent that magistrates have to hear their cases in turns. Also, some court buildings are in total

disrepair, particularly primary courts and can hardly be used.

7.5.3.1 Output 1: Legal Sector Office Buildings constructed, rehabilitated and refurbished by

June, 2019

This output covers construction of 13 office and residential buildings as well as rehabilitation of

21 Police Force and Court Buildings. (i) Engage consultant for the

preparation of architectural drawings and construction

62

Year Annual Budget2014/15 02015/16 02016/17 1,575,642,0002017/18 17,926,0002018/19 0TOTAL 1,593,568,000

Year Annual Budget2014/15 12,115,200,0002015/16 2,000,000,0002016/17 15,810,800,0002017/18 2,320,000,0002018/19 0TOTAL 32,246,000,000


supervision of 13 office premises (ii) Construct 14 new office premises [2 for DPP - Pemba Sub-

office and Mkokotoni - Unguja, 1 for AGC – Pemba Sub-office, and 10 for the Police Force (1 in

each district)]; and (iii) Rehabilitate the following offices buildings [11 for Police Force -one for

HQ and 1 for each district], and 10 for the Judiciary (1 in each district)]; and (iv) Furnish and

equip the newly constructed buildings (200 office tables, 400 office chairs, and 100 computer

sets).

Measurement: Improved Buildings

7.5.3.2 Output 2: 22 Vehicles for Legal Sector Institutions procured by June 2019

This output will address the shortages in transport facilities. A total of 22 vehicles are expected

to be procured. Activities under this output will include:- (i) Float a

competitive tender for the procurement of 22 vehicles (5 for

Judiciary, 2 for DPP, 5 for Police Force, 1 for AGC, 2 for LRCZ, 1 for

Land Registry, 1 for CWTP and 5 for MoJCA Departments).

Measurement: Number of vehicles.

7.5.3.3 Output 3: Skills Capacity in Legal Sector Institutions improved by June 2019

As part of the capacity building interventions, it will be necessary to undertake a training needs

assessment of all Legal Sector institutions in order to identify the

staff skills capacity gaps and to prepare a training program that

will comprehensively address those skills gaps.

Activities under this output will include: (i) Identify skills capacity

gaps in all Legal Sector institutions (ii) Engage a Consultant to

undertake a training needs assessment of all Legal Sector

institutions other than those under the MoJCA (iii) Prepare the training program and

implement, (iv) Recruit new staff – lawyers, Management personnel and other support staff; (v)

Engage a Consultant to undertake a scheme of service in Legal Sector Institutions and (vi)

Implement a scheme of service in Legal Sector Institutions.

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Year Annual Budget2014/15 02015/16 2,374,400,000TOTAL 2,374,400,000

Year Annual Budget2014/15 02015/16 157,775,0002016/17 722,445,0002017/18 257,555,0002018/19 31,436,000TOTAL 1,169,211,000


Measurement: Trained Staff


The objective of this KRA is to improve the National Legal Framework in its totality where as the

governing laws, key institutions as well as capacities in terms of human resource and the

infrastructures will be taken care of. Under this KRA, the main areas of intervention will include:

updating and improving the Zanzibar National Legal Framework; provide Oversight to the Legal

Practice and strengthen Institutional Capacity of Justice Agencies.

This KRA is budgeted at TShs.46, 226,127,000/= which is 40.1% of the entire budget.

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CHAP

TER

8 THE STRATEGY’S IMPLEMENTATION AND

FUNDING ARRANGEMENTS KRA

6


The Zanzibar Legal Sector Strategy (ZLSRS) sets out a far-reaching programme of reforms.

Designing and putting in place the right implementation structure will be essential to the

Strategy’s success. Thus this chapter describes the ZLSRS structures (management,

coordination, monitoring and evaluation) for implementation of the Strategy for the period

2014/15 – 2018/19.

The activities described in this KRA are

expected to promote cohesion,

collaboration and coordination to attain

effective and

efficient implementation of the Strategy.

The Strategy is a holistic approach to

reforming and strengthening the Zanzibar

Legal Sector, which involves a cross-section

of institutions. Its implementation structure

is designed to enable these institutions to

work together effectively towards common

objectives, without compromising their

operational, legal or constitutional independence.

The management arrangements for the program articulated below take into account the

context described above.

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STRATEGIC INTERVENTIONSCapacity of the MoJCA to coordinate Legal Sector reform;Financial resources to implement Legal Sector reform; andNeed for an effective M&E framework.

KEY OUTPUTS Set up and operationalize Reform Coordination Conduct Program Meetings Integrated ZLSRP with other reformsCreate Awareness of and Commitment to ZLSRP Administer ZLSRP in consistence with Established Procedures and GuidelinesInstitute Mechanisms for Monitoring the Strategy’s Implementation and Evaluate the Program


8.2 Strategy’s Implementation Arrangements

The management of program implementation entails implementation planning, procurement of

goods and services and contract management. It also involves managing the program’s

financial, human and other resources, interacting with Development Partners and relevant

government officials as well as maintaining communication with other stakeholders. There is

also a need to ensure coordination within the program to create synergy and avoid duplication,

as well as liaising with other ongoing core reform programs. Other important elements of

program management are monitoring performance, evaluation and reporting.

8.2.1 Program Management and Coordination

The management and coordination of the ZLSRS will be facilitated under a three-tier

arrangement: the ZLSR Steering Committee, the Ministry of Justice and Constitutional Affairs,

and the Implementing Institutions. The Steering Committee shall be the Strategy’s coordinating

and monitoring organ. The Ministry of Justice and Constitutional Affairs, which is mandated to

oversee the management of Legal Sector, will have overall responsibility for managing the

implementation of ZLSRP. In view of the fact the program includes specific interventions

relating to other legal institutions, some of which fall outside the mandate of the Ministry of

Justice and Constitutional Affairs, the institutions responsible for those functions will also play

key roles in managing implementation of their respective areas. Details are provided below.

8.2.1.1 The ZLSR Steering Committee

The ZLSR Steering Committee shall provide high level policy guidance and strategic leadership

for implementation of the Strategy. The committee will offer an important forum for the

various sector agencies to coordinate the overall reform, ensure that the overall strategy is

being followed, and all organizations are delivering what they need to do on time and within

budget. All heads of the key Legal Sector Institutions (or, where it is extremely unavoidable, at

least representatives with decision making powers binding their organizations) shall be

members of this committee plus some few more members depending on their influence to the

programme implementation.

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The ZLSR shall meet three times annually to review progress and take any necessary policy

decisions to guide implementation. In its meetings, it will deliberate and approve on, inter alia,

policy and strategic issues arising in the strategy implementation, and overall strategy

implementation, budgetary and resource allocation and management.

8.2.1.2 Program Implementation Review (PIR)

The role of the PIR will be to review implementation of ZLSRP in terms of timelines; constraints

and achieving milestones. It will be chaired by the Chairperson of the Programme Steering

Committee and will consist of all Heads of the Implementing Institutions and Development

Partners. The PIR will meet on an annual basis.

8.2.1.3 The Ministry of Justice and Constitutional Affairs (MoJCA)

MoJCA shall be the overall coordinating Ministry for the implementation of the Strategy. The

Principal Secretary shall be the Accounting Officer who will ensure effective coordination of the

Implementing Institutions. The functions of the coordinating Ministry will therefore be as

follows:

Organizing consultative forums;

Mobilizing resources for the strategy;

Organizing sector review and evaluation meetings;

Ensuring proper utilization and accounting of the strategy funds; and

Overall periodic monitoring and evaluation of the strategy.

8.2.1.4 The Implementing Institutions

A number of institutions will be involved in the implementation of this strategy. These

institutions shall have direct responsibility for the planning, management, implementation and

reporting of their respective activities under the strategy. In order to be able to discharge their

respective mandates effectively, each implementing institution shall be required to appoint one

67


amongst its staff as focal person. The focal person shall be responsible with implementation

coordination at the institutional level and compilation of reports for submission to the Reforms

Secretariat at the MoJCA. The specific responsibility of the Implementing Institution shall

include:

To develop annual work plans and budgets for respective outputs in the strategy that

are within its statutory mandate and to align them to the institutional strategic plan

and the Medium Term Expenditure Framework (MTEF) budget;

To maintain proper records of funds allocated and spent for the implementation of the

component; and

To compile periodical reports on the implementation of the strategy activities for

submission to the Reforms Secretariat at MoJCA.

As for legal aid providers (i.e. Zanzibar Law Society - ZLS, Zanzibar Legal Services Centre - ZLSC,

and Zanzibar Female Lawyers Association - ZAFELA, it would be necessary for them to agree on

which institution will be coordinating them as well as coordinating implementation of their

respective reform activities. Once appointed, the legal aid service provision coordinating

institution shall inform the Reforms Secretariat of its appointment; and shall have the same

responsibility as government implementing institutions as provided for in the preceding

paragraph.

8.2.2 The Legal Sector Reform Secretariat

Currently the Secretariat consists of one Planning Officer and the Coordinator. There is,

therefore, a need to strengthen the Legal Sector Reform Secretariat based at the MoJCA. This

strengthening will include adding important human resource for implementation of the

programme. It is proposed the office to be manned by a minimum of eight senior competent

government officials. These are Two Planning and Budgeting Officers, the Monitoring and

Evaluation Officer, the Procurement Officer, the Legal Officer, the Financial Management

Officer, Public Relations Officer and Human Resources Officer.

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The primary role of the ZLSR Secretariat is to provide technical guidance in the implementation

of the strategy, and to prepare and compile technical reports for consideration by the Steering

Committee. Six key staff positions (i.e. Reforms Coordinator, Two Planning and Budgeting

Officers, Monitoring and Evaluation Officer, Procurement Officer, and Financial Management

Officer) will be filled before actual implementation of the strategy commences in order to avoid

implementation lags. The team will work in collaboration with the Human Resources Officer,

the Legal Officer and the Public Relations Officer in the smooth operation of the

implementation. The Director of Planning, Policy and Research shall lead the Secretariat and

will work closely with the Director of Administration and Human Resources on matters

concerning his/her portfolios.

The Secretariat will be undertaking working sessions in the discharge of the following tasks:

Draft work plans and budgets; Annual procurement plans; and Financial disbursement

plans;

Prepare quarterly and annually physical progress reports, financial reports, and

procurement reports; and

Approve the terms of reference for the programme activities.

In the discharging of its roles, the Secretariat will conduct regular meetings with focal persons

from all implementing institutions. These meetings will be held quarterly and as deemed

necessary.

8.2.3 Ensure Financing of the ZLSRP

Although in the recent past there have been significant improvements in the funding of the

Legal Sector in Zanzibar using the locally sourced resources, the sector remains highly

underfunded to undertake any meaningful development initiative. Even external funding which

has mostly been received from a few development partners has always been fragmented and in

small chunks. For example, over the past 5 years only Tshs 5.7 billion was received mostly from

UNDP, the World Bank, and ADB. The reason for this is that most development partners’

69


Country Assistance Programmes had focused their support to the Mainland. The only hope for

Zanzibar is that most of these Programmes would be coming to an end within the next two

years; hence the development of new Programmes may take into consideration the needs of

Zanzibar.

The Zanzibar Legal Sector Strategy is, therefore, designed as a framework to enable and source

for all significant funding for the sector, the RGoZ, the private sector and development

partners. While the RGoZ would continue to finance the operational costs of the sector through

the annual recurrent budget process, development partners may be requested to augment

public resources through general budget support to be provided either as concessionary loans

or grants. In addition to general budget support, development partners may provide support

directly to the Legal Sector, usually of an investment nature, either bilaterally or through a

pooled basket fund under loan or grant arrangements.

Given the limited financial resources that may be made available for the implementation of the

Zanzibar Legal Sector Strategy, the focus has been placed on identifying and implementing

activities which are likely to have a high impact on improving the performance of the Legal

Sector, and which are affordable and represent good value for money. Thus, the Zanzibar Legal

Sector Strategy has been designed to enable all significant funding for the sector (both from

Government and development partners) to be aligned to support a single sector policy and

coordinated expenditure framework; with special emphasis being accorded to cost-efficiency

and cost-effectiveness.

8.3 Issues and Challenges

Capacity of the MoJCA to coordinate Legal Sector reform;

Financial resources to implement Legal Sector reform; and

Need for an effective M&E framework.

70


8.4 Planned outcomes

The planned outcomes of this KRA are:

The ZLSRP is efficiently and effectively managed; and

Financing of the LSRP Activities is ensured

8.5 Broad Interventions of this KRA

While it is recognized that the Legal Sector institutions are independent and have their

respective mandates, the Legal Sector operates in an environment where there is an

interdependence of functions and a wide range of shared interests crucial to the effective and

efficient administration of justice. In that regard, MoJCA as the coordinator of the Legal Sector

has a crucial role to ensure effective institutional coordination and servicing them on all policy

and regulatory issues. This entails among other things leadership of the sector, policy

formulation and advice, planning, and providing strategic guidance, facilitating programme and

activities of the institutions as well as promotion of the efficient and proper functioning of the

Legal Sector. MoJCA also needs to collaborate with other related government institutions and

Non State Legal Actors in pursuit of effective administration of justice and promotion of the rule

of law in the country.

In order to achieve the planned outcomes under this KRA, the following broad interventions will

be implemented:

Manage the Implementation of the Reform Program

Monitor and evaluate implementation progress and results of the program

Ensure Financing of the ZLSRP.

8.5.1 Strategic Intervention 1: Manage the Implementation of the Reform Program

The overall objective of this Intervention is to improve the capacity of Legal Sector institutions

to effectively implement the ZLSRS. However, at institutional level the intervention aims at

71


enhancing MoJCA’s capacity to become an effective coordination agency facilitating the

activities of collaborating agencies, and minimizing barriers to their independent action . In this

regard, MoJCA may be called upon to review administrative, procedural, and fiscal constraints

to implementation and take action to remove them. In this way, it is expected that MoJCA will

achieve its objectives by discussions and consensus building through expertise, technical

credibility and effective communication rather than by promulgating rules, regulations, and

formalities.

8.5.1.1 Output 1: The Reform Secretariat set up and operational from June, 2014

The Reforms Secretariat will be staffed by a lean staff complement. The key positions shall

include Reforms Coordinator, Planning and Budgeting Officer,

Monitoring and Evaluation Officer, Procurement Officer, and

Financial Management Officer. The functions for each of these

positions are provided for under Annex 2 hereto.

Activities to be undertaken under this output will entail (i) Provide the Reforms Secretariat at

MoJCA with qualified and competent staff; (ii) Equip the Secretariat with working facilities, (iii)

Undertake training of staff of the implementing institutions and the Reforms Coordination on

change management and study visits, (iv) Conduct meetings for making resource allocation

decisions and ensuring intra and inter-sectoral co-ordination and cooperation.

Measurement: Operational Reform Secretariat.

8.5.1.2 Output 2: Program Governance Meetings conducted

In order to provide high level policy guidance and coordination for implementation of the

reform strategy the Steering Committee will be meeting two times a

year, to undertake two basic functions of approving the budget

and receiving reports. On the other hand, the Programme

Implementation Reviews will be undertaken once a year. In

addition, all Key Result Areas thematic sub groups will be meeting

prior to the meetings of the Steering Committee in order to

72


Year Annual Budget2014/15 21,906,4002015/16 21,906,4002016/17 21,906,4002017/18 21,906,4002018/19 21,906,400TOTAL 109,532,000


update the Committee on their progress.Activities under this output will involve (i) Conduct

semi-annual meetings of the Steering Committee, (ii) Conduct two KRA Meetings for each

thematic area; and (iii) Conduct Yearly Programme Review.

Measurement: Oversight Meetings.

8.5.1.3 Output 3: ZLSRP well integrated with other reforms by June 2015

The need to coordinate efforts of the various central cross-cutting reforms is emphasized. It can

be remembered that there existed a Reform Coordination Unit

under the Ministry of Finance, which, however, did not last long.

The importance of a Reform Coordination Entity is still desired

under this strategy so as to increase coherence and convergence

among the implemented reforms.

The alignment and coordination of the reform programmes

require significant strengthening to ensure that their implementation is smooth and effective.

To achieve this, the following activities are proposed under this strategy:

A Reform Steering Committee of the IMTC be constituted and meet on semi-annually

bases to facilitate information and experience sharing among core reform programs

and monitor implementation progress of all reforms;

A Reform Coordination Unit set out under the Office of the Chief Secretary;

The Government prepare a Reform Coordination Framework which will be used to

harmonise the cross cutting reforms and integrate them into sector development

programme activities through the MTEF;

Integrate activities of cross cutting reforms into MDAs strategic and operational plans;

and

A framework for Reform Programme Managers to meet during budget preparation in

order to harmonise their interventions and remove unnecessary duplication.

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8.5.1.4 Output 4: Awareness of and Commitment to ZLSRP at all levels created by June 2019

Information, Education and Communication (IEC) will be solely concerned with disseminating

strategy-wide information in order to create awareness about ZLSRS

and thus increase ownership, overall legal awareness and

support for the reform. Activities under this output includes: (i)

Develop and implement a communication strategy of the sector;

(ii) Conduct a workshops for political leadership and Launch the

program; (iii) Prepare and disseminate Programme information in

the websites, through print media and Radio and TV programs.

Measurement: Publicity Programs

8.5.1.5 Output 5: ZLSRP Administered Consistent with Established Procedures and Guidelines

from July, 2014

This output covers activities related to ensuring the administration of the program is efficient

and effective. The activities of this output will focus on (i)

Undertake financial and procurement functions consistent with

established procedures and guidelines and (ii) provide necessary

operational tools, transport and communication facilities to

maintain a conducive working environment.

Measurement: Audit reports.

8.5.2 Strategic Intervention 2: Monitor and Evaluate Implementation Progress and Results

of the Program

The objectives of monitoring and evaluation of the ZLSRS are to measure progress towards the

Planned Outcomes and Outputs of the Strategy and provide timely, accurate and useful

information to stakeholders on the status of implementation; provide a basis for making

informed decisions on the future direction of the Strategy. Monitoring and evaluation of the

ZLSRS is essential to ensure the Strategy is being implemented as planned and that ZLSRS

74




outcomes are being realized. Lessons learned during routine monitoring, Strategy reviews and

evaluations will be incorporated into key design features of ZLSRS, including a review and

revision of the Strategy.

8.5.2.1 Output 1: Mechanisms for Monitoring the Strategy’s Implementation are in place by

December 2015

The monitoring reports are expected to be major source of information, for verification of the

effectiveness and efficiency in the implementation of the strategy

at institutional level, thematic area and entire strategy. The

structure and content of the monitoring reports shall contain

detailed impact indicators, reporting narratives, and financial

information to the Steering Committee on a quarterly, semi-

annually, and annually basis. The Implementing Agencies shall first submit such monitoring

reports to the Reforms Coordinator for quality assurance, summarization and harmonization

and then to the ZSRS Technical Committee for endorsement before being submitted to the

Steering Committee for approval. Activities under this output will involve (i) Establish and

implement an M&E system for the sector; (ii)Undertake internal monitoring of implementation

progress of the program through performance review meetings, (iii) prepare quarterly and

annual implementation reports, (iv) Undertake a Legal Sector baseline survey to establish

baseline data.

Measurement: M&E System

8.5.2.2 Output 2: Evaluations to Assess Programs Effectiveness undertaken by June, 2019

Activities under this output will include (i) Commissioning consultants to undertake Mid Term

and Final evaluation studies (ii) Conduct Stakeholders workshops

(iii) Prepare and Print Evaluation Reports.

Measurement: Evaluation Report.

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Year Annual Budget2014/15 138,245,0002015/16 152,730,0002016/17 0TOTAL 290,975,000

Year Annual Budget2014/15 02015/16 02016/17 60,080,0002017/18 02018/19 91,725,000TOTAL 151,805,000



This KRA is concerned with the management, coordination, monitoring and evaluation of the

Strategy for the period 2014/15 – 2018/19. Under this KRA, the broad interventions will

include: managing the implementation of the Reform Program; monitoring and evaluating

implementation progress and results of the program and ensuring financing of the Strategy.

This KRA is budgeted at TShs.1, 951,128,000/= which is 1.7% of the entire budget.

A

n

n

e

x

1: The List of Legal Sector Implementing Institutions

1. The Judiciary of Zanzibar;

2. The Ministry of Justice and Constitutional Affairs (MoJCA);

3. The Ministry of Social Welfare, Youth, Women and Children Development

(MSWYWCD);

4. The Attorney General’s Chambers (AGC);

5. The Office of the Director of Public Prosecutions;

6. The Law Review Commission of Zanzibar (LRC);

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TABLE 1: SUMMARY BUDGET (IN TZS: 5 YEARS)KRA Amount Percentage of total

1. Reforming the Criminal Justice 45,091,099,000 39.1

2. Reforming Civil Justice 16,335,525,000 14.2

3. Improving Access to Justice 1,690,515,000 1.5

4. Reforming the Zanzibar Child Justice System

3,938,970,000 3.4

5. The Zanzibar National Legal Framework

46,226,127,000 40.1

6. The Strategy’s Implementation and Funding Arrangements

1,951,128,000 1.7

Total 115,233,364,000 100


7. The Police Force – Zanzibar Commission;

8. The Zanzibar Institute of Education for Offenders;

9. The Office of Registrar of Births and Deaths;

10. The Zanzibar Business and Property Registration Agency (BPRA);

11. The Wakf and Trust Commission;

12. Office of the Copyright Administrator;

13. Office of the Chief Government Chemist;

14. Labour Commission;

15. Ministry responsible for Land matters;

16. Office of the Registrar of Lands;

17. Ministry responsible for Education;

18. Institutions of Higher Learning; and

19. Non State Actors (NSAs) involved in the provision of legal aid services in Zanzibar (i.e.

ZLS, ZAFELA & ZLSC);

Membership of the Steering Committee

1. The Principal Secretary, Ministry of Justice and Constitutional Affairs (Chairman);

2. Director responsible for Women and Children Development;

3. Commissioner of Labour;

4. The Commissioner of Budget, Ministry of Finance;

5. The Registrar of Land;

6. Commissioner, Planning Commission;

7. The Director of Public Prosecutions;

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8. The Registrar, Judiciary;

9. The Chairman, Law Review Commission (LRC);

10. The Deputy Attorney General, Attorney General’s Chambers (AGC);

11. The Commissioner of Police/Deputy Director of Criminal Investigation - Zanzibar;

12. The Commissioner/Administrative and Finance Officer, Zanzibar Institute of Education

for Offenders;

13. The Registrar, Births and Deaths;

14. The Executive Director, Business and Property Registration Agency;

15. The CEO, Zanzibar Law Society (ZLS);

16. The Deputy Vice Chancellor (Academic), State University of Zanzibar;

17. Executive Secretary, Wakf and Trust Commission; and

18. Representatives of Development Partners participating and having interest in the

Zanzibar Legal Sector Reform Strategy (by invitation).

Annex 2: Terms of Reference for Key Positions in the Reforms Secretariat

1. Responsibilities of the Reforms Coordinator

i. Provide assistance to implementing agencies in planning, monitoring, evaluating

and coordination of the Strategy;

ii. Preparation of overall progress reports on the Strategy;

iii. To coordinate Technical Assistance;

iv. Facilitate sustainable implementation of the ZLSRS and ensure timely, effective

and management of the Strategy among sector Institutions;

v. To act as the Secretary of the ZLSRS Steering Committee;

78


vi. To coordinate and ensure timely, effective and sustainable implementation;

vii. To report on matters pertaining to budget, funding and accounting of resources of

the Strategy to the relevant authority;

viii. To liaise with the Chief Executives and staff of Sector Institutions, Development

Partners and NGOs on the implementation of the ZLSRS;

ix. To coordinate with MSWYWCD on the implementation of the child justice strategy;

x. To mobilize and channel technical and financial support needed to enable the

Sector Institutions implement their commitment under the ZLSRS;

xi. To provide guidance to Sector Institutions on how to implement the Strategy and

advocate necessary changes;

xii. To ensuring effective monitoring and evaluation of the implementing of the ZLSRS;

and

xiii. To facilitate the development of M & E System and ensure regular Strategy

monitoring.

2. Responsibilities of the Planning and Budgeting Officers

i. Facilitate budget planning by the implementing Legal Sector institutions;

ii. Facilitate and oversee the budget consolidation process for approval by the

relevant decision making levels of the Programme;

iii. Facilitate budget execution in the Legal Sector implementing institutions;

iv. Monitor the implementation of the budget and its execution processes and

procedures by the implementing Legal Sector institutions and provide advice to

the directors of planning of the implementing institutions on the way forward;

79


v. Work closely with the Director of Planning Policy and Research, in the Ministry of

Justice and Constitutional Affairs, and liaise with implementing Legal Sector

institutions to identify bottlenecks and problems in budget execution.

vi. Responsibilities of the Monitoring and Evaluation Officer

vii. Develop an action plan and cost estimates for establishment of an appropriate

mechanism for monitoring and evaluation of the Programme implementation;

viii. Define the roles and responsibilities of the various implementation agencies in

Monitoring and Evaluation of Programme implementation;

ix. Identify and specify skills necessary for enabling effective Monitoring by

implementing agencies. This should include identifying relevant training

programmes and opportunities;

x. Design and disseminate evaluation forms and reporting formats for reports;

xi. Advise the implementing institutions on how they can effectively adjust the

Programme monitoring and evaluation system to achieve best results;

xii. Compile reports on Monitoring and Evaluation for submission to the ZLSRS

Steering Committee;

xiii. Assist the Reforms Coordinator in the compilation of periodical progress reports

on programme implementation.

3. Responsibilities of the Procurement Officer

i. Provide timely, relevant and considered advice to all levels of the implementing

agencies of the ZLSRS;

ii. Advise the Reforms Coordinator on how to coordinate the procurement activities

of all implementing agencies to achieve a timely and successful implementation of

the programme;

iii. Support the Procurement Officers of the implementing agencies;

80


iv. Establish and maintain close working relationships with appropriate staff in the

Reforms Secretariat and in all other ministries and agencies involved in the

implementation of the ZLSRS;

v. Provide advice and support to the Reforms Coordinator, as well as the accounting

officers of the implementing agencies;

vi. Provide backstopping support to the staff in the procurement sections of all

agencies;

vii. Assist in the alignment activities of the procurement plans with the activity plans

and MTEF budgets with regard to the mobilization, management and development

of the government and basket financial resources;

viii. Advise on the design, delivery and qualitative monitoring and evaluation of all

related capacity building interventions undertaken under the auspices of the RCU,

and promote their effective and timely implementation;

ix. Advise on the procurement procedures in general and specifically within the

framework of the implementation of the ZLSRS in terms of the need to re-organize

or streamline existing procurement practices at all levels, and contribute to the

identification and introduction of interventions in this regard;

x. Provide reports and papers on the foregoing as requested; and

xi. Carry out any other duties as required by the Reforms Coordinator.

4. Responsibilities of the Financial Management Officer

i. Provide timely, relevant and considered advice to all levels of the implementing

agencies of the ZLSRS;

ii. Advise the Reforms Coordinator on how the coordination of all activities and

budgets will lead to the successful implementation of the Strategy;

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iii. Establish and maintain close working relationships with appropriate staff in the

Reforms Secretariat and in all other ministries and agencies involved in the

implementation of the MTS, including the Ministry of Finance;

iv. Provide advice and support to the Reforms Coordinator, as well as the accounting

officers in the implementing agencies;

v. Provide backstopping support to the staff in the planning departments of all

agencies;

vi. Assist in the clarification and advancement of financial issues with regard to the

mobilization, management and reporting according to the government and basket

financial resources;

vii. Advise on the design, delivery and qualitative monitoring and evaluation of all

related capacity building interventions undertaken under the auspices of the RCU,

and promote their effective and timely implementation;

viii. Advise on the financial dimensions of the reform process in terms of the need to

re-organize or streamline existing financial management/planning/budgeting

systems and practices at all levels, and contribute to the identification and

introduction of interventions in this regard;

ix. Provide reports and papers on the foregoing as requested;

x. Carry out any other duties as required by the Reforms Coordinator.

Annex 3: List of Steering Committee, Secretariat and Drafting Team

Steering Committee

1. Mr. Ibrahim Mzee Ibrahim [DPP] - Chairperson2. Hon. Justice Mshibe Ali Bakari [Chairman-LRC] - Vice Chairperson3. Hon. George Joseph Kazi [Registrar-High Court] - Member4. Ms. Hamisa M. Makame [AGC] - Member5. Mr. Seif S. Mwinyi [PO-Planning Commission] - Member

82


6. SACP Kenneth Kaseke [Police Force] - Member7. Mr. Salim Mohammed Abdalla [ZLS] - Member8. Mr. Didas Khalfan [MESWYWC] - Member9. ASP Seif M. Makungu [IEO] - Member10. Skh. Abdulla Talib Abdulla [CWTP] - Member

The Drafting Team/Secretariat

1. Mr. Mdungi Makame Mdungi - DPS - MoJCA

2. Ms. Daima M. Mkalimoto [DPPR- MoJCA] - Chairperson3. Mr. Kai B. Mbaruk [DHRMA-MoJCA] - Member4. Prof. Chris Maina Peter [UDSM] - Lead Consultant5. Mr. Juvenalis Motete [Advocate] - Consultant6. Mr. Msemo S. Mavare [LSRP- Coordinator] - Member7. Ms. Njeri Kamau (LSRP-Technical Specialist) - Member8. Mr. Saleh D. Makame [PO-MoJCA] - Member9. Mr. Haji R. Haji [PO-MoJCA] - Member10. Ms. Nassra S. Abdallah [PO-MoJCA] - Member11. Mr. Mohamed M. Ussi [CA-MoJCA] - Member12. Ms. Hindu M. Salum [PO-MoJCA] - Member13. Ms. Sabra A. Mohammed [NGO -MoJCA] - Member14. Ms. Fatma Saleh [SSA – AGC] - Member15. Mr. Idd H. Hamad [ACC – MoJCA] - Member 16. Mr. Hamad. O. Rubeya [ACC – MoJCA] - Member17. Ms. Mwanaisha M. Kheir [LC-MoJCA] - Member18. Ms. Alye S. Abdalla [HRO- MoJCA] - Member19. Mr. Said Kh. Said [PRO- MoJCA] - Member

83


Part II: ZLSRP Activity Budget

DRAFTDetailed Programme Activities and Budget

2014/15 – 2018/19

Zanzibar Legal Sector Reform Strategy

May 2014

84


ZLSRP: Programme Activities and Budget ACTIVITIES TO ACHIEVE OUTPUTS ESTIMATES

FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

KRA 1-REFORMING THE CRIMINAL JUSTICE3.5.1 Strategic Intervention 1: Strengthen Criminal Justice framework3.5.1.1 Output 1: The Evidence Decree Cap. 5 of the Laws of Zanzibar reviewed by June, 2015

Activity 1: A Team of Experts undertake review of the Evidence Decree Cap. 5 of the Laws of Zanzibar 46,800,000 46,800,000Activity 2: Undertake Consultative Meetings and stakeholders workshops to discuss the draft Act, 28,730,000 28,730,000Activity 3: Approval of the Draft Law 1,730,000 1,730,000Activity 4: Print and disseminate the new Act 3,500,000 3,500,000OUTPUT TOTAL 80,760,000 75,530,000 5,230,000 0 0 03.5.1.2 Output 2: Criminal Procedure Act No. 7/2004 and Penal Act No. 6/2004 amended by December 2015

Activity 1: A Team of Experts to undertake review of the Criminal Procedure Act and the Penal Act 46,800,000 46,800,000Activity 2: Undertake Consultative Meetings and stakeholders workshops to discuss draft Acts 32,710,000 32,710,000Activity 3: Approval of the Draft Laws 1,730,000 1,730,000Activity 4: Print and disseminate the new Acts 3,750,000 3,750,000OUTPUT TOTAL 84,990,000 79,510,000 5,480,000 0 0 03.5.1.3 Output 3: Coherent Cooperation Framework for Administration of Criminal Justice established and operational by June 2015

85



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

Activity 1: DPP Office prepare Framework for cooperation 21,000,000 21,000,000Activity 2: Conduct meetings to discuss the draft framework and endorse 9,660,000 9,660,000Activity 3: Operationalization of the framework 15,950,000 15,950,000Activity 4: Develop witness and victim support program 1,722,710,000 722,710,000 250,000,000 250,000,000 250,000,000 250,000,000Activity 5: Provide advanced training for around 10 staff, chiefly from DPP and Ministry of Health to undertake advanced forensic studies 182,000,000 182,000,000OUTPUT TOTAL 1,951,320,000 951,320,000 250,000,000 250,000,000 250,000,000 250,000,0003.5.1.4 Output 4: Investigative and Prosecution capacity of Police Force and Prosecutors respectively is enhanced and improved by June 2019

Activity 1: Undertake a study on capacity assessment of Police Force in Zanzibar and implement recommendations

601,820,000 601,820,000

Activity 2: Train 50 Police Staff from the CID to increase capacity to deal with crimes 29,140,000 29,140,000Activity 3: Develop framework for regular public advisories 473,790,000 473,790,000Activity 4: Review the existing laws, rules and procedures with an aim to increase enforcement of Police Supervision Orders and implement 87,640,000 87,640,000

86



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

Activity 5: Undertake deep review of the Police Training College at Ziwani to enable to cater for emerging needs 88,250,000 88,250,000Activity 6: Undertake five tailor-made intense courses targeting 200 (targeting around 40 staff per training session staff) from above mentioned institutions 397,500,000 397,500,000OUTPUT TOTAL 1,678,140,000 0 601,820,000 502,930,000 175,890,000 397,500,0003.5.1.5 Output 5: An effective Crime Detection Mechanism introduced by December 2016

Activity 1: Develop a standard operating manual specifically on the collection, packaging, storage and delivery of evidentiary and reference samples 95,810,000 95,810,000Activity 2: Enact forensic and technical evidence Law 256,880,000 256,880,000Activity 3: Conduct need assessment to identify requirements for installation of DNA machine, CCTV cameras, high frequency communication radios, etc 143,060,000 70,000,000 73,060,000Activity 4: Construct the necessary infrastructure 82,800,000 82,800,000Activity 5: Train key staff 540,850,000 540,850,000Activity 6: Procure, Install and 1,576,800,000 1,576,800,000 0 0 0

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FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

Maintain DNA machineActivity 7: Procure, Install and Maintain CCTV cameras, high frequency communication radios, and other modern equipment and facilities 1,276,800,000 1,000,000,000 90,000,000

90,000,000

96,800,000

OUTPUT TOTAL 3,973,000,000 326,880,000 3,369,320,000 90,000,000 90,000,000 96,800,0003.5.1.6 Output 6: Public Awareness on Criminal Justice increased by June 2019Activity 1: Prepare and implement public awareness programs through the electronic, print media and public lectures 155,000,000 100,000,000 15,000,000 20,000,000 20,000,000Activity 2: Devise strategies for the introduction of an effective system through which public advisories will be promptly issued and circulated 32,880,000 32,880,000Activity 3: Devise and implement clinical law programs 179,000,000 179,000,000Activity 4: Formulate and implement the Zanzibar Crime Prevention Strategy 65,800,000 65,800,000Activity 5: Draft and implement a Public Safety law 286,595,000 286,595,000OUTPUT TOTAL 719,275,000 0 132,880,000 259,800,000 306,595,000 20,000,0003.5.2 Strategic Intervention 2: Enhance Capacity of the Judiciary to Dispense Justice3.5.2.1 Output 1: An effective records management system developed and operational by June 2017

Activity 1: Undertake a rapid 83,530,000 83,530,000

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FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

assessment on the existing Judiciary record management systemActivity 2: Implement measures to improve records management system 200,000,000 200,000,000Activity 3: Train the Judiciary staff on better methods of handling, keeping and retrieving court records 292,690,000 292,690,000Activity 4: Hire technical firm to install and operationalize an ICT based case records management system 265,800,000 265,800,000OUTPUT TOTAL 842,020,000 83,530,000 758,490,000 0 0 03.5.3 Strategic Intervention 3: Improve institutional and operational capacity of the Institute of Education for Offenders

3.5.3.1 Output 1: Two Centers for the Institute of Education for Offenders rehabilitated by June 2017Activity 1: Hire a consultant for construction designing and supervision 260,400,000 260,400,000Activity 2: Procure construction materials 8,018,400,000 4,018,400,000

4,000,000,000

Activity 3: undertake rehabilitation Activity 4: procure equipment, furniture and other facilities 1,400,000,000 1,400,000,000OUTPUT TOTAL 9,678,800,000 260,400,000 4,018,400,000 5,400,000,000 0 03.5.3.2 Output 2: Construction of Hanyegwa Mchana Centre for Offenders completed by December, 2019

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FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

Activity 1: Undertake tendering process to hire a consultant for supervision and a contractor for construction 170,400,000 170,400,000Activity 2: undertake construction

21,253,800,000 6,851,800,000 6,619,000,000 5,512,000,00

0 2,271,000,00

0 Activity 3: procure equipment, furniture and other facilities 1,100,000,000 1,100,000,000OUTPUT TOTAL 22,524,200,000 7,022,200,000 6,619,000,000 5,512,000,000 3,371,000,000 03.5.3.3 Output 3: Four vehicles for the Institute of Education for Offenders procured by June 2016Activity 1: Undertake tendering process to procure vehicles 420,400,000 220,400,000 200,000,000 OUTPUT TOTAL 420,400,000 220,400,000 200,000,000 0 0 0

3.5.3.4 Output 4: Efficient system that rehabilitates, reforms and corrects individual offenders is established and operationalized by December 2018Activity 1: Prepare and conduct literacy programs in penal institutions 57,400,000 57,400,000Activity 2 : Amend the Penal Statutes to address the issue of recidivism in an attempt to reduce the number of repeated or habitual offences 56,470,000 56,470,000Activity 3: Conduct a study leading to preparation of a tailor-made after-release programs for offenders; 152,310,000 152,310,000Activity 4: Procure vocational and recreational facilities 2,130,400,000 2,130,400,000OUTPUT TOTAL 2,396,580,000 0 0 266,180,000 2,130,400,000 0

90



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

3.5.4 Strategic Intervention 4: Revive and Implement Non - Custodial Sentences3.5.4.1 Output 1: Probation system revived and operational by June 2016Activity 1: Review Probation of Offenders Decree Chapter 15 85,937,000 85,937,000Activity 2: Designate and train the probation officers 39,736,000 39,736,000Activity 3: Develop guidelines for probation services 89,102,000 89,102,000OUTPUT TOTAL 214,775,000 175,039,000 39,736,000 0 0 03.5.4.2 Output 2: Community Service System Revived and Operational by June 2016Activity 1: Commission a study to review existing systems in terms of policy, legal, operational and institutional set up 113,872,000 113,872,000Activity 2: Designate and train the community service officers 58,190,000 58,190,000Activity 3: Develop guidelines for community service 88,697,000 88,697,000OUTPUT TOTAL 260,759,000 113,872,000 146,887,000 0 0 03.5.4.3 Output 3: Parole system established by June, 2017Activity 1: undertake rapid assessment for the establishment of parole system 68,580,000 68,580,000Activity 2: Enact relevant legislation 105,285,000 105,285,000Activity 3: Designate and train parole officers

27,750,000 27,750,000

Activity 4: Develop guidelines for 64,465,000 64,465,000

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FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

parole systemOUTPUT TOTAL 266,080,000 133,035,000 68,580,000 64,465,000 0 0KRA 1: TOTAL 45,091,099,000 9,441,716,000 16,215,823,000 12,345,375,000 6,323,885,000 764,300,000

KRA 2 – REFORMING CIVIL JUSTICE

4.5.1 Strategic Intervention 1: Strengthen Civil Justice Framework

4.5.1.1 Output 1: Civil Procedure Decree and Evidence Decree Reviewed and Updated by December 2016Activity 1: Commission a Consultant to review the Civil Procedure Decree (Chapter 8)

139,810,000 139,810,000

Activity 2: Implement recommendation arising out of the review through enactment of the new Civil Procedure Act

25,750,000

25,750,000

Activity 3: Operationalize the newly enacted Civil Procedure Act

25,750,000

25,750,000

Activity 4: Print and disseminate the new Act

2,950,000 2,950,000

OUTPUT TOTAL 194,260,000 139,810,000 54,450,000 0 0 04.5.1.2 Output 2: The Zanzibar Business, Property and Civil Registries Reviewed and Updated by December 2017Activity 1: Undertake a legislative review with a view to streamline, harmonize and consolidate the civil registry functions (i.e. births, deaths, adoption, marriages, and divorces) 148,950,000.00 148,950,000

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FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

into a single legislation – a comprehensive law consolidating all the vital eventsActivity 2: Undertake a feasibility study for the integration of the civil registry system with the health, education, voters registration, and national identification systems with a view to enhancing efficiency and cost-effectiveness 159,280,000 159,280,000Activity 3: Conduct a staff needs assessment of the registries, prepare organizational structures and strategic plans, as well as extensive capacity building through staff recruitment and staff training in data maintenance and customer-service orientation and care 272,915,000 272,915,000Activity 4: Finalize and implement the regulations of the Business Registration Act, the Companies Act, the Movable Property Securities Act, Insolvency Act, and Copyright Act 104,750,000 104,750,000Activity 5: Automate the Civil, Business and Property Registry Systems through systems commissioning and installation; sorting of physical documents, 558,840,000 558,840,000

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FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

classification, scanning and digitizationOUTPUT TOTAL 1,244,735,000 148,950,000 432,195,000 663,590,000 0 04.5.1.3 Output 3: Other Civil Laws and Regulations Harmonized with a Newly Enacted Civil Procedure Act by June 2017Activity 1: Taking stock of the work done through MKURABITA, hire a consultant to review all other laws related to Civil Justice in Zanzibar 396,740,000 396,740,000OUTPUT TOTAL 396,740,000 - - 396,740,000 0 04.5.1.4 Output 4: Alternative Dispute Resolution (ADR) Act enacted by December 2017Activity 1: Undertaking a study on the introduction of ADR to the Zanzibar Civil Justice System and implement recommendations 377,880,000 377,880,000Activity 2: Train and provide capacity building to judicial staff and other key Legal Sector personnel 576,290,000 576,290,000Activity 3: Mount a serious campaign for the members of public on the values of ADR in the disposal of civil cases 99,000,000 99,000,000OUTPUT TOTAL 1,053,170,000 377,880,000 576,290,000 99,000,000 0 04.5.1.5 Output 5: New Land Policy and a Comprehensive Legal Framework is in place and operational by June, 2017

Activity 1: Undertake policy research to study the policy environment on issues related to land 115,920,000 115,920,000Activity 2: Finalize the land policy

1,380,000 1,380,000

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FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

formulation processesActivity 3: Develop a comprehensive land legislation and guidelines, 136,062,000 136,062,000Activity 4: Endorse, print and disseminate the document 10,280,000 10,280,000Activity 5: Devise a system to fast track cases related to land 72,665,000 72,665,000Activity 6: Fast track land registration process 38,610,000 38,610,000Activity 7: Establish an efficient and sustainable land registration system 558,840,000 558,840,000OUTPUT TOTAL 933,757,000 117,300,000 146,342,000 670,115,000 0 04.5.1.6 Output 6: Full operationalization of Labour Dispute Handling Unit in Zanzibar achieved by June 2017

Activity 1: Hire expert on dispute resolution for three years 252,000,000 252,000,000Activity 2: Acquire staff and provide trainings 19,448,000 19,448,000Activity 3: Establish Labour Dispute Handling Unit in Pemba and procure equipment 25,000,000 25,000,000OUTPUT TOTAL 296,448,000 252,000,000 44,448,000 0 0 04.5.2 Strategic Intervention 2: Enhance Capacity and Visibility of the Kadhi’s Court4.5.2.1 Output 1: The Review of Kadhi’s Court Act No. 3/1985 Completed by June, 2015Activity 1: Finalize the ongoing review of the Kadhi’s Court Act 20,740,000 20,740,000Activity 2: Develop Procedural Rules for the functioning of the Kadhi’s 129,110,000 129,110,000

95



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

CourtActivity 4: Engage Consultant to prepare Code of Conduct for Kadhi’s 114,910,000 114,910,000Activity 4: Equip and staff the Kadhi’s Court 296,800,000 296,800,000Activity 5: Review the Wakf and Trust Commission Act No. 2/2007 and Mufti’s Act No. 9/2001 aiming at harmonizing them with the provisions of the Kadhi’s Court Act 295,620,000 295,620,000OUTPUT TOTAL 857,180,000 857,180,000 0 0 0 04.5.2.2 Output 2: The Zanzibar Constitution amended to visibly recognize dual nature of the Zanzibar Court System by June 2015

Activity 1: Undertake Deep Study about Kadhi’s Court in Zanzibar with the intention to inform on the important changes in the Zanzibar Constitution and Judicial System 113,210,000 113,210,000Activity 2: Propose amendments to the Zanzibar Constitution

Activity 3: Amend the Kadhi’s Court Act to conform with the amended Constitution 56,920,000 56,920,000Activity 4: Review other Laws governing the Judicial System to conform with the changes 116,350,000 116,350,000

96



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

OUTPUT TOTAL 286,480,000 286,480,000 0 0 0 04.5.2.3 Output 3: Capacity of Kadhi’s Court in terms of infrastructure and human resources improved by June 2017

Activity 1: Through the help of Consultant, undertake Capacity Assessment of Kadhi’s Court 206,305,000 206,305,000Activity 2: acquire decent office space for Kadhi’s Court in Unguja and Pemba 4,241,600,000 4,241,600,000Activity 3: Acquire qualified staff and provide training to Kadhi’s and other office Staff on matters pertaining to their jurisdiction 678,250,000 678,250,000Activity 4: Procure office equipment, furniture and other facilities 1,400,000,000 1,400,000,000Activity 5: As a matter of urgency, build Kadhi’s Court Head Office in Unguja 4,202,800,000 4,202,800,000Activity 6: Establish modern and up-to-date recording systems at the Kadhi's Court, Wakf and Trust Commission and Mufti's Office 343,800,000 343,800,000OUTPUT TOTAL 11,072,755,000 4,447,905,000 2,078,250,000 4,546,600,000 0 0KRA 2: TOTAL 16,335,525,000 6,627,505,000 3,331,975,000 6,376,045,000 0 0

KRA 3 - IMPROVING ACCESS TO JUSTICE5.5.1 Strategic Intervention 1: Strengthen the Institutional and Regulatory Framework for Legal Aid in

97



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

Zanzibar5.5.1.1 Output 1: Legal aid legislative and regulatory framework is operational by June 2016Activity 1: Hire a team of experts to develop legal aid legislative framework undertake consultative and Stakeholders workshop 89,420,000 89,420,000Activity 2: Endorse the Legislative and Institutional Framework 3,330,000 3,330,000Activity 3: Develop a Code of Conduct for legal aid providers 79,950,000 79,950,000Activity 4: Print the final document and disseminate 4,500,000 4,500,000Activity 5: Establish a regulatory and coordination entity for Legal Aid 500,000,000 500,000,000OUTPUT TOTAL 677,200,000 677,200,000 0 0 0 05.5.2 Strategic Intervention 2: Enhance Ethical Conduct of Legal Practitioners and Staff

5.5.2.1 Output 1: The Legal Practitioners Decree Cap 28 of the Laws of Zanzibar reviewed by June, 2015Activity 1: Repeal and re-enact the Legal Practitioners Decree, Cap. 28/1941 to statutorily establish the Practitioners Body and regulate legal practice 92,790,000 92,790,000Activity 2: Prepare and operationalize Code of Conduct for Advocates, Vakils and legal aid providers 171,730,000 171,730,000OUTPUT TOTAL 264,520,000 0 264,520,000 0 0 0

98



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

5.5.2.2 Output 2: Accountability and transparency of the Judiciary improved by June, 2017Activity 1: Prepare Code of Conduct for Magistrates and Judges in Zanzibar 97,672,000 97,672,000Activity 2: Review the Public Service Act, No. 2/2011 (on matters concerning the Judicial Service Commission). 112,932,000 112,932,000Activity 3: Prepare Guidelines and rules for judicial officers 60,052,000 60,052,000Activity 4: Review the High Court Act No. 2/1985 and Magistrate’s Court Act No. 5/1985 112,852,000 112,852,000Activity 5: Prepare Rules for specialized courts: Industrial Court, Land Tribunal, Commercial Court, Tax Tribunal, Rent Restrictional Board etc 203,742,000 81,496,800 81,496,800 40,748,400OUTPUT TOTAL 587,250,000 81,496,800 292,100,800 213,652,400 0 05.5.3 Strategic Intervention 3: Increase People’s Accessibility to Legal Information5.5.3.1 Output 1: Key laws identified and translated into Kiswahili by June 2019Activity 1: Translate the following key laws into Kiswahili - the Law of Evidence, the Law of Contract, the Civil Procedure, the Criminal Procedure, Road Transport, Land Laws, Labour Laws, the Penal Statute and the Kadhi’s Courts Statute 95,000,000 95,000,000

99



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

Activity 2: Put in place a strategy for ensuring that all laws and bylaws are made available in a simplified language and translated in Kiswahili as a long term measure to addressing the language barrier 66,545,000 66,545,000OUTPUT TOTAL 161,545,000 0 0 95,000,000 66,545,000 0KRA 3 TOTAL 1,690,515,000 758,696,800 556,620,800 308,652,400 66,545,000 0

KRA 4 - REFORMING THE ZANZIBAR CHILD JUSTICE SYSTEM6.5.1 Strategic Intervention 1: Updating the policy, legislative and regulatory framework for Child Justice in Zanzibar6.5.1.1 Output 1: The Children Survival, Protection and Development Policy reviewed and updated by June, 2016Activity1: Implement the Child Justice Strategy 2,200,000,000 2,200,000,000Activity 2: Undertake policy review 104,830,000 104,830,000Activity 3: Develop a new children policy with its corresponding Implementation as well as M&E Frameworks 128,690,000 128,690,000Activity 4: Review and update Children’s Act with a view to bring harmonization with the new policy and finalize preparation of guidelines 128,515,000 128,515,000Activity 5: Translate and disseminate the policy and the Children’s Act 85,625,000 85,625,000OUTPUT TOTAL 2,647,660,000 2,304,830,000 342,830,000 0 0 0

100



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

6.5.1.2 Output 2: Awareness on Child Justice increased by June 2019Activity 1: Design and implement activities to increase political commitment for Child Justice Reform 122,330,000 122,330,000Activity 2: Undertake publicity programs 120,000,000 120,000,000Activity 3: Support Children’s Councils and their corresponding Advisory Board at all levels 888,200,000 888,200,000Activity 4: Develop and distribute accessible information on Child Justice country wide 160,780,000 160,780,000OUTPUT TOTAL 1,291,310,000 1,291,310,000 0 0 0 0KRA 4: TOTAL 3,938,970,000 3,596,140,000 342,830,000 0 0 0

KRA 5 –THE ZANZIBAR NATIONAL LEGAL FRAMEWORK7.5.1 Strategic Intervention 1: Updating and Improving the Zanzibar National Legal Framework7.5.1.1 Output 1: The amended Zanzibar Constitution is in place by June 2015Activity 1: Initiate Constitutional Review Process 77,800,000 77,800,000Activity 2: Undertake Constitutional review meetings 89,830,000 89,830,000Activity 3: Amend the Constitution 1,300,000 1,300,000Activity 4: Print and disseminate the new Constitution 60,500,000 60,500,000OUTPUT TOTAL 229,430,000 229,430,000 0 0 0 0

101



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

7.5.1.3 Output 2: Justice Sector Policies developed and implemented by June 2017Activity 1: Consultants assisted with local experts undertake Policy Research 86,400,000 86,400,000Activity 2: Develop Legal Sector Policies 86,400,000 86,400,000Activity 3: Conduct consultative and Stakeholders meetings 62,980,000 62,980,000Activity 4: Endorse the Legal Sector policies 15,360,000 15,360,000Activity 5: Print and disseminate the policies. 46,500,000 46,500,000Activity 6: Implement International conventions recognize by the United Republic of Tanzania 80,000,000 20,000,000 20,000,000 20,000,000 20,000,000OUTPUT TOTAL 377,640,000 317,640,000 20,000,000 20,000,000 20,000,000 07.5.1.4 Output 3: A Comprehensive Consolidation of the Laws of Zanzibar Undertaken by June 2017Activity 1: Finalize consolidation of Zanzibar Laws

149,380,000 149,380,000

Activity 2: Prepare a Comprehensive Index of the Laws of Zanzibar

173,310,000 173,310,000

OUTPUT TOTAL 322,690,000 0 149,380,000 0 173,310,0007.5.1.5 Output 4: Revival of the Zanzibar Law Reports achieved by June 2017Activity 1: Engagement of a consultant to clear the law reports backlog from 1985 to date. The work of the consultant will involve sorting and identifying judgments of 156,685,000 156,685,000

102



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

jurisprudential value; edit the sort judgmentsActivity 2: Make a law reports available in electronic form

Activity 3: procure necessary printing equipment 244,300,000 244,300,000Activity 4: Strengthen the Zanzibar Law Resource Centre 857,600,000 857,600,000OUTPUT TOTAL 1,258,585,000 0 1,014,285,000 244,300,000 0 07.5.1.5 Output 5: Case management system developed and institutionalized by June 2016Activity 1: Undertake Case flow management Analysis 99,215,000 99,215,000Activity 2: Develop and adopt case flow management system for the Judiciary 113,467,000 113,467,000Activity 3: Digitalize Judiciary information 287,200,000 287,200,000Activity 4: Conduct capacity development for judicial staff in case and record management. 186,235,000 186,235,000OUTPUT TOTAL 686,117,000 99,215,000 586,902,000 0 0 07.5.2 Strategic Intervention 2: Provide Oversight to the Legal Practice7.5.2.1 Output 1: A Faculty of Law at the State University of Zanzibar established by December 2019Activity 1: Carry out consultations and discussions with the Ministry responsible for Education on the best modalities for establishing the

43,020,000 43,020,000

103



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

faculty of law at SUZAActivity 2: The Revolutionary Government of Zanzibar and the private sector seek and establish scholarships and where necessary support students pursuing legal studies internally and abroad 2,600,000,000 2,600,000,000Activity 3: Seek and establish modalities for students pursuing legal studies internally and abroad 43,665,000 43,665,000OUTPUT TOTAL 2,686,685,000 0 0 43,020,000 2,643,665,000 07.5.2.2 Output 2: The Council of Legal Education Established by December 2015Activity 1: Undertake a study on the modality of establishing Council of Legal Education

605,100,000 605,100,000

OUTPUT TOTAL 605,100,000 605,100,000 0 0 0 07.5.2.3 Output 3: MoJCA’s Functional Reviews performed and adopted by June 2017Activity 1: study on the review work undertaken by the ministry responsible for Public Service with an intention to finalize the assignment 82,800,000 82,800,000Activity 2: The new functions and structure shared with stakeholders 13,465,000 13,465,000Activity 3: New structure and functions adopted 26,200,000 26,200,000OUTPUT TOTAL 122,465,000 0 82,800,000 39,665,000 0 07.5.2.4 Output 4: Capacity of the Attorney General’s Chambers Increased by December 2018

104



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

Activity 1: Procurement of modern equipment, books, journals and other needs of office of that nature 2,523,300,000 2,523,300,000Activity 2: Conduct training to the officers of the AG Chambers in order to enable them specialize and be able to handle complex legal matters particularly on drafting of laws and various forms of contracts, and negotiating skills 30,936,000 30,936,000OUTPUT TOTAL 2,554,236,000 0 2,523,300,000 30,936,000 0 07.5.2.5 Output 5: LRCZ Capacity for Research strengthened by December 2019Activity 1: Review the Law Review Commission of Zanzibar Act No. 16/1986 128,542,000 128,542,000Activity 2: Establish a modern library to facilitate legal research and review activities 1,447,100,000 1,447,100,000Activity 3: Train 15 lawyers in research methodologies, law review processes & review evaluation, research writing and reporting, legislative drafting and computer skills for drafters 17,926,000 17,926,000OUTPUT TOTAL 1,593,568,000 0 0 1,575,642,000 17,926,000 07.5.3 Strategic Intervention 3: Strengthen Institutional Capacity of Justice Agencies7.5.3.1 Output 1:Legal Sector Office Buildings constructed, rehabilitated and refurbished by June 2019Activity 1: Engage consultant for the

9,152,400,000 9,152,400,000

105



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

preparation of architectural drawings and construction supervision of 13 office premisesActivity 2: Construct 14 new office premises [2 for ODPP - Pemba Sub-office and Mkokotoni - Unguja, 1 for AGC – Pemba Sub-office, and 10 for the Police Force (1 in each district)] 8,962,800,000 2,962,800,000 2,000,000,000 2,000,000,000 2,000,000,000Activity 3: Rehabilitate the following offices buildings [11 for Police Force -one for HQ and 1 for each district], and 10 for the Judiciary (1 in each district)] 13,810,800,000 13,810,800,000Activity 4: Furnish and equip the newly constructed buildings (200 office tables, 400 office chairs, and 100 computer sets) 320,000,000 320,000,000OUTPUT TOTAL 32,246,000,000 12,115,200,000 2,000,000,000 15,810,800,000 2,320,000,000 07.5.3.2 Output 2: 22 Vehicles for Legal Sector Institutions procured by June 2019Activity 1: Float a competitive tender for the procurement of 22 vehicles (5 for Judiciary, 2 for ODPP, 5 for Police Force, 1 for AGC, 2 for LRCZ, 1 for Land Registry, 1 for CWTP, and 5 for MoJCA Departments). 2,374,400,000 2,374,400,000OUTPUT TOTAL 2,374,400,000 0 2,374,400,000 0 0 07.5.3.3 Output 3: Skills Capacity in Legal Sector Institutions improved by June 2019Activity 1: Identify skills capacity

157,775,000 157,775,000

106



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

gaps in all Legal Sector institutionsActivity 2: Engage a Consultant to undertake a training needs assessment of all Legal Sector institutions other than those under the MoJCA 172,355,000 172,355,000Activity 3: Prepare the training program and implement 550,090,000 550,090,000Activity 4: Recruit new staff – lawyers, Management personnel and other support staff 84,000,000 84,000,000Activity 5: Engage a Consultant to undertake a scheme of service in Legal Sector Institutions 173,555,000 173,555,0006: Implement a scheme of service in Legal Institutions 31,436,000 31,436,000OUTPUT TOTAL 1,169,211,000 0 157,775,000 722,445,000 257,555,000 31,436,000

KRA 5 TOTAL 46,226,127,000 13,366,585,000 8,908,842,000 18,486,808,000 5,432,456,000 31,436,000

KRA 6: THE STRATEGY’S IMPLEMENTATION AND FUNDING ARRANGEMENTS8.5.1 Strategic Intervention 1: Manage the Implementation of the Reform Program

8.5.1.1 Output 1: The Reform Secretariat set up and operational from June, 2014Activity 1: Provide the Reforms Secretariat at MoJCA with qualified and competent staff 83,292,000 83,292,000Activity 2: Equip the Secretariat with working facilities 45,100,000 45,100,000

107



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

Activity 3: Undertake training of staff of the implementing institutions and the Reforms Coordination on change management and study visits 30,780,000 30,780,000Activity 4: Conduct meetings for making resource allocation decisions and ensuring intra and inter-sectoral co-ordination and cooperation 93,300,000 93,300,000OUTPUT TOTAL 252,472,000 252,472,000 0 0 0 08.5.1.2 Output 2: Program Governance Meetings conducted by June 2019Activity 1: Conduct semi-annual meetings of the Steering Committee

8,138,000 1,627,600 1,627,600

1,627,600

1,627,600

1,627,600

Activity 2: Conduct two KRA Meetings for each thematic area 22,224,000 4,444,800 4,444,800

4,444,800

4,444,800

4,444,800

Activity 3: Conduct Yearly Program Review 79,170,000 15,834,000 15,834,000 15,834,000 15,834,000 15,834,000OUTPUT TOTAL 109,532,000 21,906,400 21,906,400 21,906,400 21,906,400 21,906,400 8.5.1.3 Output 3: ZLSRP well integrated with other reforms by June, 2015Activity 1: A Reform Steering Committee of the IMTC be constituted and meet on semi-annually bases to facilitate information and experience sharing among core reform programs and monitor implementation progress of all reforms 56,772,000 56,772,000Activity 2: A Reform Coordination Unit set out under the Office of the 244,300,000 144,300,000 25,000,000 25,000,000 25,000,000 25,000,000

108



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

Chief Secretary Activity 3: The Government prepare a Reform Coordination Framework which will be used to harmonize the cross cutting reforms and integrate them into sector development program activities through the MTEF 84,460,000 84,460,000Activity 4: Integrate activities of cross cutting reforms into MDAs strategic and operational plans 39,500,000 19,500,000 5,000,000 5,000,000 5,000,000 5,000,000Activity 5: A framework for Reform Program Managers to meet during budget preparation in order to harmonize their interventions and remove unnecessary duplication 72,692,000 32,692,000 10,000,000 10,000,000 10,000,000 10,000,000OUTPUT TOTAL 497,724,000 337,724,000 40,000,000 40,000,000 40,000,000 40,000,0008.5.1.4 Output 4: Awareness of and commitment to ZLSRP at all levels created by June 2019Activity 1: Develop and implement a communication strategy of the sector 117,175,000 57,175,000 15,000,000 15,000,000 15,000,000 15,000,000Activity 2: Conduct workshops for political leadership and Launch the program 23,930,000 23,930,000Activity 3: Prepare and disseminate Programme information in the websites, through print media and Radio and TV programs 24,300,000 4,860,000 4,860,000 4,860,000 4,860,000 4,860,000OUTPUT TOTAL 165,405,000 85,965,000 19,860,000 19,860,000 19,860,000 19,860,000

109



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

8.5.1.5 Output 5: ZLSRP administered consistent with established procedures and guidelines from July, 2014Activity 1: Undertake financial and procurement functions consistent with established procedures and guidelines 103,215,000 20,643,000 20,643,000 20,643,000 20,643,000 20,643,000Activity 2: provide necessary operational tools, transport and communication facilities to maintain a conducive working environment 380,000,000 170,000,000 52,500,000 52,500,000 52,500,000 52,500,000OUTPUT TOTAL 483,215,000 190,643,000 73,143,000 73,143,000 73,143,000 73,143,0008.5.2 Strategic Intervention 2: Monitor and Evaluate Implementation Progress and Results of the Program8.5.2.1 Output 1:Mechanisms for Monitoring the Strategy’s Implementation are in place by December 2015Activity 1: Establish and implement an M&E system for the sector 116,505,000 116,505,000Activity 2: Undertake internal monitoring of implementation progress of the program through performance review meetings 21,740,000 21,740,000Activity 3: prepare quarterly and annual implementation reports 32,225,000 32,225,000Activity 4: Undertake a Legal Sector baseline survey to establish baseline data 120,505,000 120,505,000OUTPUT TOTAL 290,975,000 138,245,000 152,730,000 0 0 08.5.2.2 Output 2: Evaluations to Assess Programs Effectiveness undertaken by June, 2019Activity 1: Commissioning consultants to undertake mid term and final evaluation studies 88,800,000 40,000,000 48,800,000

110



FIVE YEARS PROGRAM

BUDGET

2014/2015 2015/2016 2016/2017 2017/2018 2018/2019

Activity 2: Conduct Stakeholders workshops 60,080,000 20,080,000 40,000,000Acitivity 3: Prepare and Print Report 2,925,000 2,925,000OUTPUT TOTAL 151,805,000 0 0 60,080,000 0 91,725,000KRA 6 TOTAL 1,951,128,000 1,026,955,400 307,639,400 214,989,400 154,909,400 246,634,400KRA 1-6 TOTAL 115,233,364,000 34,817,598,200 29,663,730,200 37,731,869,800 11,977,795,400 1,042,370,400

111


Part III: Legal Sector Reform Strategy’s Result Framework

ZLSRP Results Framework

May 2014

112

THE REVOLUTIONARY GOVERNMENT OF ZANZIBAR MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS Legal sector Reform Program


(i) Goal and Outcomes

Strategy’s Goal: ensuring timely accessible justice and the rule of law for all

Outcome 1: Increased disposition of criminal cases

Outcome 2: Improved management of information that supports case management

Outcome 3: Increased disposition of Civil cases

Outcome 4: Simplified civil and business registration processes

Outcome 5: Increased proportion of people having access to legal aid services

Outcome 6: Increased conviction of perpetrators of violence and abuse against children

Outcome 7: A more efficient, effective and accountable justice sector

Outcome 8: Legal Sector institutions with adequate capacities and working environment

Outcome 9: The ZLSRP is efficiently and effectively managed

Outcome 10: Financing of the LSRP Activities is ensured

113


(ii) Output based Result Framework

Result KRA/Category Measurement 20014/15 2015/16 2016/17 2017/18 2018/19

Output 1: The Evidence Decree Cap.5 reviewed by June, 2015

KRA1 The new Evidence Act X X

Output 2: Criminal Procedure Act No. 7/2004 and Penal Act No. 6/2004 amended by December 2015

KRA1 The amended Criminal Procedure Act and Penal Act

X X

Output 3: Coherent Cooperation Framework for Administration of Criminal Justice established and operational by June 2015

KRA1 Operational Cooperation Framework.

X

Output 4: Investigative and Prosecution capacity of Police Force and Prosecutors respectively is enhanced and improved by June 2019

KRA1 Number of trained investigators and prosecutors.

X X X X X

Output 5: An effective Crime Detection Mechanism introduced by December 2016

KRA1 Operational forensic and technical evidence facilities.

X

Output 6: Public Awareness on Criminal Justice increased by June 2019

KRA1 Public awareness activities

X X X X X

Output 1: An effective records management system developed and operational by June 2017

KRA1 Operational records management system.

X X X

Output 1: Two Centers for the Institute of Education for Offenders rehabilitated by June 2017

KRA1 Rehabilitated Centers X X X

Output 2: Construction of Hanyegwa Mchana Centre for Offenders completed by 2019

KRA1 Operational new facilities X X X X X

114



Output 3: Four vehicles for the Institute of Education for Offenders procured by June 2016

KRA1 New Vehicles for the Institute of Education for Offenders

X

Output 4: Efficient system that rehabilitates, reforms and corrects individual offenders is established and operationalized by December 2018

KRA1 Rehabilitative programmes

X X X X

Output 1: Probation system revived and operational by June 2016

KRA1 Operational probation services

X X

Output 2: Community Service System Revived and Operational by June 2016

KRA1 Operational Community Services

X X

Output 3: Parole system established by June, 2017

KRA1 Operational Parole system

X X

Output 1: Civil Procedure Decree and Evidence Decree Reviewed and Updated by December 2016

KRA2 New Civil Procedure Act X X

Output 2: The Zanzibar Business and Civil Registries Reviewed and Updated by December 2017

KRA2 Updated Business and Civil Registries

X X X

Output 3: Other Civil Laws and Regulations Harmonized with a Newly Enacted Civil Procedure Act by June 2017

KRA2 Harmonized Civil Laws. X X

Output 4: Alternative Dispute Resolution (ADR) Act enacted by December 2017

KRA2 X X

Output 5: New Land Policy and a Comprehensive Legal Framework is in place and operational by June, 2017

KRA2 Land Policy. X X

115



Output 6: Full operationalization of Labour Handling Unit in Zanzibar achieved by June 2017

KRA2 Operational Labour Dispute Handling Unit.

X X

Output 1: The Review of Kadhi’s Court Act Completed by June, 2015

KRA2 New Kadhi’s Court Act X

Output 2: The Zanzibar Constitution amended to visibly recognize the dual nature of the Zanzibar Court System by June 2015

KRA2 Constitutional establishment of the Kadhi’s Court.

X X

Output 3: Capacity of Kadhi’s Court in terms of infrastructure and human resources improved by December,2017

KRA2 Improved capacity of Kadhi’s courts

X X X

Output 1: Legal aid legislative and regulatory framework is operational by June 2016

KRA3 Operational Legal Aid X X

Output 1: The Legal Practitioners Decree Cap 28 of the Laws of Zanzibar reviewed and updated by June,2015

KRA3 New Legal Practitioners Act

X X

Output 2: Accountability and transparency of the Judiciary improved by June,2017

KRA3 Accountability framework.

X X

Output 1: Key laws identified and translated into Kiswahili by June, 2019

KRA3 Translated laws X X X X X

Output 1: The Children Survival, Protection and Development Policy reviewed and updated by June, 2016

KRA4 Harmonized instruments on Child Justice

X X

Output 2: Awareness on Child Justice increased by June 2019

KRA4 Child Justice Awareness Program

X X X X X

116



Output 1: The amended Zanzibar Constitution is in place by June 2015

KRA5 Amended Zanzibar Constitution

X X

Output 2: Justice Sector Policies developed and implemented by June 2017

KRA5 Justice Sector Policies X X

Output 3: A Comprehensive Consolidation of the Laws of Zanzibar Undertaken by June 2017

KRA5 Consolidated Laws X X

Output 4: Revival of the Zanzibar Law Reports achieved by June 2017

KRA5 Law Reports X X X

Output 5: Case management system developed and institutionalized by June 2016

KRA5 Operational case management system

X X X

Output 1: A Faculty of Law at the State University of Zanzibar established by December 2019

KRA5 Faculty of Law X X X X X

Output 2: The Council of Legal Education Established by December 2015

KRA5 Council for Legal Education

X X

Output 3: MoJCA’s Functional Reviews performed and adopted by June 2017

KRA5 New structure X X X

Output 4: Capacity of the Attorney General’s Chambers Increased by December 2018

KRA5 Competent staff X X X X

Output 5: LRCZ Capacity for Research strengthened by December 2019

KRA5 Competence staff in Research process

X X X X X

Output 1:Legal Sector Office Buildings constructed, rehabilitated and refurbished by June, 2019

KRA5 Improved Buildings X X X X X

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Output 2: 22 Vehicles for Legal Sector Institutions procured by June 2019

KRA5 Number of vehicles. X X X X X

Output 3: Skills Capacity in Legal Sector Institutions improved by June 2019

KRA5 Trained Staff X X X X X

Output 1: The Reform Secretariat set up and operational from June, 2014

KRA6 Operational Reform Secretariat.

X

Output 2: Program Governance meetings conducted by June, 2019

KRA 6 Oversight Meetings. X X X X X

Output 3: ZLSRP well integrated with other reforms by 2014

KRA6 Oversight Meetings. X

Output 4: Awareness of and commitment to ZLSRP at all levels created by June 2017

KRA6 Publicity Programs X X X X X

Output 5: ZLSRP administered consistent with established procedures and guidelines from July, 2014

KRA6 Audit reports. X X X

Output 1: Mechanisms for Monitoring the Strategy’s Implementation are in place by December 2015

KRA6 M&E System X

Output 2: Evaluations to Assess Programs Effectiveness undertaken by June, 2019

KRA6 Evaluation Report. X X

118

Zanzibar Legal Sector Reform Strategy€¦ · Web viewMufti’s Office Act No. 9/2001, The...

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