INTRODUCTION.

Judges are legal professionals who preside over court proceedings, either individually or as
part of a panel. Their primary responsibilities include: Interpreting and Applying the Law:
Judges ensure that court proceedings follow the legal standards and that justice is administered
fairly. Ruling on Evidence and Procedure: They determine what evidence is admissible and
oversee the legal procedures to ensure a fair trial. Instructing Juries: In jury trials, judges provide
guidance on legal standards and the relevant law that the jury should apply when deliberating.
Making Findings of Fact: In bench trials (without a jury), judges determine the facts of the case
and make a judgment based on those facts. This are some responsibility and are little explanation
about judges, but also we have to know where they perform they are duties.
Judges perform their duties in various types of courts, which can be categorized based on the
jurisdiction and the type of cases they handle. Some of these courts include: Trial Courts: These
are courts where cases are initially filed and heard. Examples include: District Courts: Handle
civil and criminal cases at the federal level .State Courts: Handle civil, criminal, family, and
traffic cases at the state level. Appellate Courts: These courts review the decisions of lower
courts to ensure the law was applied correctly. Examples include: Courts of Appeals:
Intermediate appellate courts that handle appeals from trial courts. Supreme Courts: The highest
appellate Court with jurisdiction in civil and criminal matter as per section 2(1) of JALA 2019 1
In Tanzania,the Parliament it is the organ vested power to enact the laws of the land, it has been
shown in the constitution of the United Republic of Tanzania of 1977 2 as amended from time to
time.But through the principle of checks and balance which is the doctrine that allows the
reasonable interference of the organ of the state where it is not total interference but rather a
reasonable interference. Therefore despite the fact that parliament is the organ making laws,
Judges also make laws during hearing and holding of different cases.
As per section 4 and 4A(5 )of JALA of 2019 3 ,In section 4 and 4A(5) of Judicature and
Application of Laws Act (JALA)4 outlines the duty of chief justice to make rules for regulating
the practice and procedures of the High court and of all other courts established in Tanzania.
1
Section 2(1) of JALA 2019
2
Constitution of the United Republic of Tanzania of 1977

3
Section 4 and 4A(5 )of JALA of 2019

4
Judicature and Application of Laws Act (JALA)

1
Judges in Tanzania contribute to the creation of law through their interpretations and rulings in
individual cases. When a court makes a decision on a new legal issue or interprets a statute in a
novel way, this decision can set a precedent that other courts will follow. This is particularly true
for decisions made by higher courts such as the Court of Appeal and the High Court, also article
30(5) of constitution of United republic of Tanzania of1977 5 as amended from times to time
provide clear procedures on how judges can make law and under which circumstances.
In Tanzania, judges play a crucial role in interpreting the law and ensuring it is applied
consistently and fairly. Through judicial review, the application of precedents, and the
interpretation of statutes and the Constitution, Tanzanian judges contribute significantly to the
development of the legal system. The principles enshrined in the Constitution, statutory laws like
the Judicature and Application of Laws Act, and key judicial decisions illustrate the judiciary’s
essential role in shaping the law in Tanzania.
Article 107A of the constitution of the United Republic of Tanzania 1977 6 as amended from time
to time Vests the judiciary with the final authority in interpreting the Constitution and other laws.
It emphasizes the role of the judiciary in protecting the Constitution and ensuring justice.
Article 107B of the constitution of the United Republic of Tanzania 1977 7 as amended from
time to time establishes that the judiciary is independent, reinforcing its authority to interpret
laws without undue influence from other branches of government.
In article 97(5)of the constitution of the United republic of Tanzania 8 gives power to persons or
departments of Government to make regulations having the force of law on any regulations made
by any department of government.
Also in section 194H of the Criminal Procedure Act of 20229 provides that the Chief justice may
make rules and directions relating to plea bargaining.

5
Article 30(5) of constitution of United republic of Tanzania of1977

6
Article 107A of the constitution of the United Republic of Tanzania 1977

7
Article 107B of the constitution of the United Republic of Tanzania 1977

8
Article 97(5)of the constitution of the United republic of Tanzania

9
Section 194H of the Criminal Procedure Act of 2022

2
 Precedent or case laws are the rules or decisions layed by higher courts which show the
foundation of the decision which come to be applied latter on cases of similar fact. This law is
that which is made by judges and this precedent are of two types whereby they are:
(a) Declaratory precedent
This is our case law which come from already existing rule created by previous cases to mean
here judges decides case through decisions made from previous case and most have the similar
fact.
(b) Creative precedent
This refers to making and applying of new rules when deciding cases meaning the judges create
new rules when deciding cases, to mean that sometime judges when hearing cases they discover
new things which can be useful to future cases and so when they discover they make it as a law
so that incase it will repeat again in other cases will be applied and will be no ambiguity in those
cases.
But also in this laws made by judges there is principle called ,The principle of stare decision,
which means "to stand by things decided," is a fundamental aspect of the common law system,
including in Tanzania. This principle ensures consistency and predictability in the law, as lower
courts are generally bound to follow the decisions of higher courts. This principal provide the
guidelines that the decision made by judges from high court are bound to other court especially
lower courts to mean those decision become useful like other lows and can be used in deciding
case regardless of their correctness as in the case of Jumuiya ya muungano Tanzania V
kiwanda cha uchapishaji (1958)10 judge Nyalani ,C.J explained about the other courts such as
tribunal courts and other courts are bound by the decision made by higher courts and court of
appeal.
Also in the principle of Judicial Review, Tanzanian courts have the power to review the actions
of public officials and bodies to ensure they comply with the law and the Constitution. This
includes the power to nullify laws and actions that are unconstitutional, similar to the role
established in the case of Christopher Mtikila v. Attorney General [1995] TLR 31 11 where this
landmark case established the principle of judicial review in Tanzania. The High Court held that

10
Case of Jumuiya ya muungano Tanzania V kiwanda cha uchapishaji (1958)

11
Case of Christopher Mtikila v. Attorney General [1995] TLR 31

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individuals have the right to challenge the constitutionality of laws, reinforcing the judiciary’s
role in interpreting and shaping constitutional law.
Also in the case of Attorney General v. Lohay Akonaay and Joseph Lohay [1995] TLR 80 12 The
Court of Appeal affirmed the High Court’s decision to strike down certain provisions of a statute
as unconstitutional, demonstrating the judiciary’s authority to interpret the Constitution and
invalidate conflicting laws.
Functions of Case Law
Interpretation and Clarification of Statutes: Judges interpret statutory provisions and clarify
ambiguities in legislation. This function ensures that laws are applied consistently and as
intended by the legislature. For example, if a statute has vague language, judicial decisions can
define the precise meaning of terms and how they should be applied in specific contexts.
Creation of Binding Precedents: The doctrine of stare decision which means "to stand by things
decided," ensures that previous judicial decisions are binding on lower courts in future similar
cases. This creates a stable and predictable legal environment. For example, a ruling by the Court
of Appeal becomes a binding precedent for lower courts in similar future cases.
Filling Legislative Gaps: In instances where legislation is silent or incomplete on a particular
issue, judicial decisions can fill these gaps, providing necessary legal guidance. For example,
judges may develop legal principles to address new types of disputes not foreseen by existing
statutes.
Protection of Rights and Liberties: Through case law, judges interpret constitutional and
statutory provisions to protect individual rights and liberties. Judicial decisions often set
important precedents that safeguard fundamental rights. For instance, landmark cases on human
rights and freedoms establish precedents that protect citizens from unlawful government actions
CONCLUSION:
Therefore while judges do not make laws in the legislative sense, their interpretations and rulings
on existing laws can significantly shape legal principles and practices. Through their decisions,
judges contribute to the development of the law, filling in gaps, resolving ambiguities, and
adapting legal principles to new circumstances. This judicial function ensures that the law
remains responsive and relevant to contemporary issues.
REFERENCES:

12
Case of Attorney General v. Lohay Akonaay and Joseph Lohay [1995] TLR 80

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STATUTES
Section 2(1) of JALA 2019
Constitution of the United Republic of Tanzania of 1977

Section 4 and 4A(5 )of JALA of 2019

Judicature and Application of Laws Act (JALA)

Article 30(5) of constitution of United republic of Tanzania of1977

Article 107A of the constitution of the United Republic of Tanzania 1977

Article 107B of the constitution of the United Republic of Tanzania 1977

Article 97(5)of the constitution of the United republic of Tanzania

Section 194H of the Criminal Procedure Act of 2022

CASES

Case of Attorney General v. Lohay Akonaay and Joseph Lohay [1995] TLR 80

Case of Christopher Mtikila v. Attorney General [1995] TLR 31

Case of Jumuiya ya muungano Tanzania V kiwanda cha uchapishaji (1958)

BOOKS

Constitution of the United Republic of Tanzania of 1977

Judicature and Application of Laws Act (JALA)