DAR ES SALAAM: THE judiciary has been urged to strengthen the application of regional and international legal frameworks in domestic courts as Tanzania deepens its commitments under the East African Community (EAC) Treaty and other continental agreements.
The call was made during a two-day training organised by the East Africa Law Society (EALS) in collaboration with the Institute of Judicial Administration (IJA), bringing together judges and magistrates from Mainland Tanzania and Zanzibar.
Held under the theme “Role of Tanzanian Judicial Systems in Advancing the Country’s Treaty Obligations and Regional Jurisprudence,” the training focused on enhancing the capacity of judicial officers to apply regional and international legal principles in resolving domestic disputes.
Opening the programme, Judge-in-Charge of the High Court of Tanzania, Dar es Salaam Zone, Judge Salma Maghimbi, said Tanzania remains a sovereign state while being part of regional and continental legal systems through treaties it has voluntarily ratified.
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“Treaty obligations do not diminish sovereignty. They reflect commitments voluntarily undertaken by the State and discharged through our institutions in accordance with the constitution and laws of the country,” she said.
Participants discussed the role of domestic courts in interpreting and applying the EAC Treaty, the African Charter on Human and Peoples’ Rights and the jurisprudence of the East African Court of Justice (EACJ) and the African Court on Human and Peoples’ Rights.
The sessions also covered the jurisdiction of the EACJ, preliminary references, application of African Court jurisprudence in domestic cases, comparative judicial reasoning, implementation of regional court decisions and judgment writing in public law and human rights cases.
Speaking on behalf of EALS, Secretary General Advocate John Seka said regional integration can only succeed where courts uphold rights, ensure lawful exercise of public power and deliver clear, enforceable judgments.
“Regional and continental courts do not replace national courts. They provide guidance and support in strengthening the wider justice system, especially on Treaty obligations, rights protection, due process and remedies,” he said.
He added that the training would enhance judicial understanding of Tanzania’s treaty obligations and improve the quality of judgments in cases involving regional and international legal standards.
According to him, growing cross-border trade, movement of people and increasing human rights litigation require judicial officers to interpret the law consistently while upholding the Constitution.
The East African Community comprises Tanzania, Kenya, Uganda, Rwanda, Burundi, South Sudan, the Democratic Republic of Congo and Somalia, with its headquarters in Arusha.