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Foreign Judges and the Emergence of a Tanzanian Judiciary, 1964–1971

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Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971

Part of the book series: Cambridge Imperial and Post-Colonial Studies Series ((CIPCSS))

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Abstract

This chapter examines the period following the departure of the colonial judges when the Tanzanian government appointed both foreign and local judges to the High Court Bench and magistracy. It argues that foreign judges from West Africa and the West Indies served as a stepping stone between a colonial Bench and a local one. It explores their position in the new nation and responses to early executive encroachment on the independence of the judiciary. This chapter also analyses the backgrounds and experiences of the first Tanganyikan African judges, including those who were trained abroad and at the Faculty of Law in Dar es Salaam. It asserts that the process of decolonising the Bench concluded in 1971 with the appointment of the first Tanganyikan African Chief Justice.

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Notes

  1. 1.

    Tanzania is used in this chapter to refer to the country from 1964, when Tanganyika and Zanzibar merged, whereas Tanganyika is used where reference is made to the period before the union. It should be noted that the legal systems of Tanganyika and Zanzibar remained separate and the focus here remains on the Bench of the High Court for the mainland, which changed its title from the High Court of Tanganyika to the High Court of Tanzania.

  2. 2.

    The term black is used sparingly in this chapter as a means to refer to people who were categorised as being of the same race as Tanganyikan Africans, but were from West Africa and the West Indies, where the issue under discussion is race not nationality.

  3. 3.

    R. Aminzade, ‘The Politics of Race and Nation: Citizenship and Africanisation in Tanganyika’, Political Power and Social Theory 14 (2000), p. 67. On relations between Asians and Africans during colonial rule and the transition to independence, see also: R. Nagar, ‘The South Asian Diaspora in Tanzania: A History Retold’, Comparative Studies of South Asia, Africa, and the Middle East, 16 (1996), pp. 64–65; J. Brennan, ‘South Asian Nationalism in an East African Context: The Case of Tanganyika, 1914–1954’, Comparative Studies of South Asia, Africa, and the Middle East, 19 (1999), pp. 24–39; Aminzade, ‘The Politics’, pp. 57–61 and 67.

  4. 4.

    Patrick McAuslan, interview with author, London, 6 October 2009.

  5. 5.

    Roland Brown Personal Papers, Copenhagen, R. Brown, untitled and unpublished memoir, [emailed to author, accessed on 4 July 2010], Chap. 4, ‘Making of the First Constitutional Conference: Part 1’, p. 4.

  6. 6.

    Patrick McAuslan, interview with author, London, 6 October 2009.

  7. 7.

    William Twining, interview with author, Oxford, 26 October 2009.

  8. 8.

    Sol Picciotto, interview with author, Leamington Spa, 8 October 2009.

  9. 9.

    In 1964 the overseas addition for Justice Biron was £1250 (50 % of his basic salary, which was £2500). In comparison, Saidi, an African associate judge, had the same basic salary, but only a £200 addition. TSL 1964, p. 230.

  10. 10.

    Fawzia Mustafa, correspondence with author, 4 September 2009.

  11. 11.

    F. Mustafa, ‘Introduction: Re-issuing the Tanganyika Way: 1961–2009’ in S. Mustafa, The Tanganyika Way, (Toronto, 2009), p. vii.

  12. 12.

    Ibid.

  13. 13.

    Ibid.

  14. 14.

    Kemal Mustafa, correspondence with author, 15 October 2009.

  15. 15.

    For her firsthand account of her entrée into politics and her political career: S. Mustafa, The Tanganyika Way (London, 1962). Her political career is also described in: J.M.M.H. Listowel, The Making of Tanganyika (London, 1965), p. 345; Unknown, ‘Against the Shadows’, Awaaz, 3 (December, 2005).

  16. 16.

    Harold Platt, interview with author, Graz, 30 January 2010.

  17. 17.

    Mustafa, ‘Introduction: Re-issuing the Tanganyika Way’, p. vi.

  18. 18.

    On the Commission and 1965 Constitution, see: P.W.B. McAuslan and Y.P. Ghai, ‘Constitutional Innovation and Political Stability in Tanzania: A Preliminary Assessment’, Journal Of Modern African Studies, 4 (1966); C. Pratt, The Critical Phase in Tanzania, 1945–1968: Nyerere and the Emergence of a Socialist Strategy (Cambridge, 1976), pp. 201–206; J.S. Read, ‘Human Rights in Tanzania’ in C. Legum and G. Mmari (eds.), Mwalimu the Influence of Nyerere (London, 1995), pp. 130–131.

  19. 19.

    R. Rweyemamu, ‘Judge Clocks 42 Years of Stardom’, Business Times [Tanzania], 9 June 1989. Multiple interviewees expressed these sentiments, for example: Ulric Cross, interview with author, by telephone from Port of Spain, 28 February 2010.

  20. 20.

    Ulric Cross, interview with author, by telephone from Port of Spain, 28 February 2010.

  21. 21.

    Roland Brown, interview with author, London, 1 June 2010.

  22. 22.

    NACP, RG 59, 2029, 778.2/10-160, American Embassy Dar es Salaam to Department of State, 24 May 1962.

  23. 23.

    ARJ 1963, p. 1.

  24. 24.

    W. Tordoff, Government and Politics in Tanzania: A Collection of Essays Covering the Period from September 1960 to July 1966 (Nairobi, 1967), p. 203.

  25. 25.

    Patrick Ellis, interview with author, Bishops Stortford, 9 November 2009. Similar sentiments expressed by additional interviewees, for example: Louis Makame, interview with author, Dar es Salaam, 19 December 2008; Roland Brown, interview with author, London, 1 June 2010. Some Nigerian magistrates were also well-regarded by members of the judiciary. For example, Justice Williams offers a favourable view of at least one Nigerian magistrate in: J.K. Williams, Black, Amber, White: An Autobiography (Worthing, 1990), p. 115.

  26. 26.

    Roland Brown, interview with author, London, 1 June 2010.

  27. 27.

    Patrick Ellis Personal Papers, Bishops Stortford, P. Ellis, Report on Court System during the Early Stages of the Integration of the Courts, n.d. [c. 1963], p. 2.

  28. 28.

    NACP, RG 59, 2516, POL 15-2 Tanzan, American Embassy Dar es Salaam to Secretary of State, 23 April 1968.

  29. 29.

    Ibid.

  30. 30.

    Louis Makame, interview with author, Dar es Salaam, 19 December 2008.

  31. 31.

    Report of the Justice G.C.M. Onyiuke Tribunal, Massacre of Ndi Igbo in 1966 (Lagos, 1968), p. 7.

  32. 32.

    Damien Lubuva, interview with author, Dar es Salaam, 27 November 2008; Leopold Kalunga, interview with author, Dar es Salaam, 31 October 2008.

  33. 33.

    A. Fiadjoe, G. Kodilinye, and J.C. Georges, Telford Georges: A Legal Odyssey (Kingston, 2008), p. 28.

  34. 34.

    J.S. Read, ‘A Century Plus of Appeal Courts in Tanzania’, in C.M. Peter and H.K. Bisimba (eds.), Law and Justice in Tanzania: Quarter of a Century of the Court of Appeal (Dar es Salaam, 2007), p. 64.

  35. 35.

    Fiadjoe, Kodilinye, and Georges, Telford Georges, p. 30.

  36. 36.

    Ibid., pp. 1, 10, 13.

  37. 37.

    Ibid., pp. 14–15.

  38. 38.

    Ibid., p. 18.

  39. 39.

    Ibid., p. 24.

  40. 40.

    Ibid., pp. 28–29.

  41. 41.

    Ibid., p. 29.

  42. 42.

    Leopold Kalunga, interview with author, Dar es Salaam, 31 October 2008.

  43. 43.

    Fiadjoe, Kodilinye, and Georges, Telford Georges, pp. 27 and 29.

  44. 44.

    Patrick McAuslan, interview with author, London, 6 October 2009.

  45. 45.

    Harold Platt, interview with author, Graz, 30 January 2010.

  46. 46.

    Numerous interviewees expressed these sentiments, for example: Steven Bwana, interview with author, Dar es Salaam, 31 October 2008; Leopold Kalunga, interview with author, Dar es Salaam, 31 October 2008; Lameck Mfalila, interview with author, Dar es Salaam, 12 November 2008; Mark Bomani, interview with author, Dar es Salaam, 26 November 2008; Harold Platt, interview with author, Graz, 30 January 2010.

  47. 47.

    Fiadjoe, Kodilinye, and Georges, Telford Georges, p. 41.

  48. 48.

    At Georges’ farewell dinner Nyerere praised him for having, ‘joined with the people in their political, economic, and social activities—both large and small’. J.K. Nyerere, ‘Socialism and Law’ in J.K. Nyerere (ed.), Freedom and Development—Uhuru na Maendeleo: A Selection from Writings and Speeches 1968–1973 (London, 1973), p. 260.

  49. 49.

    Widner, Building, p. 57.

  50. 50.

    Ibid., p. 62. Similar sentiments expressed by: Steven Bwana, interview with author, Dar es Salaam, 31 October 2008.

  51. 51.

    His speech at the first conference in 1965 in Dar es Salaam is available in: P.T. Georges, ‘The Role of Judges and Magistrates’ in R.W. James and F.M. Kassam (eds.), Law and its Administration in a One Party State: Selected Speeches of Telford Georges (Dar es Salaam, 1973), pp. 69–82. See also: P.T. Georges, ‘Report on Judges’ and Magistrates’ Conference’, Eastern Africa Law Review, 1 (1968), pp. 167–174.

  52. 52.

    Fiadjoe, Kodilinye, and Georges, Telford Georges, p. 34.

  53. 53.

    Ulric Cross, interview with author, by telephone from Port of Spain, 28 February 2010.

  54. 54.

    Ibid.

  55. 55.

    Ibid. On Cross, see: Fiadjoe, Kodilinye, and Georges, Telford Georges, pp. 44–45.

  56. 56.

    Roland Brown, interview with author, London, 1 June 2010.

  57. 57.

    NACP, RG 59, 4035, [file untitled], American Embassy Dar es Salaam to Department of State, October 30, p. 1. On the Wa-Meru land case, see: Listowel, The Making, pp. 209–217; Pratt, The Critical Phase, pp. 119–120; K. Japhet and E. Seaton, The Meru Land Case (Nairobi, 1967).

  58. 58.

    Louis Makame, interview with author, Dar es Salaam, 19 December 2008. Emphasis added by author.

  59. 59.

    On the phase of Africanisation and the security of tenure of the colonial Bench, see: McAuslan, ‘The Republican’, pp. 546–549.

  60. 60.

    James and Kassam, ‘The Courts in a One Party State’, pp. 25–26.

  61. 61.

    Ibid.

  62. 62.

    Widner, Building, p. 61.

  63. 63.

    TANU, The Arusha Declaration and TANU’s Policy on Socialism and Self-Reliance (Dar es Salaam, 1967).

  64. 64.

    McAuslan and Ghai, ‘Constitutional Innovation’, pp. 487, 507. The Declaration did, however, raise questions at the Court about whether socialist policies in the future would translate into cases being filed in which litigants may attempt to use the Court as a source of protection from the executive. On Georges’ fear of this, see: Fiadjoe, Kodilinye, and Georges, Telford Georges, p. 45.

  65. 65.

    Numerous interviewees expressed these sentiments, for example: Steven Bwana, interview with author, Dar es Salaam, 31 October 2008; Lameck Mfalila, interview with author, Dar es Salaam, 12 November 2008; Joseph Warioba, interview with author, Dar es Salaam, 25 November 2008; William Twining, interview with author, Oxford, 16 June 2009.

  66. 66.

    R.W. James and F.M. Kassam, ‘Introduction’ in R.W. James and F.M. Kassam (eds.), Law and Its Administration in a One Party State: Selected Speeches of Telford Georges (Dar es Salaam, 1973), p. 4.

  67. 67.

    Augustino Ramadhani, interview with author, Dar es Salaam, 12 November 2008; Patrick McAuslan, interview with author, London, 6 October 2009, Roland Brown, interview with author, London, 1 June 2010.

  68. 68.

    On the rule of law and personal freedom in Tanzania under socialist policies, see: R. Martin, Personal Freedom and Law in Tanzania: A Study of Socialist State Administration (Nairobi, 1974).

  69. 69.

    The situation is described in greater detail in: Fiadjoe, Kodilinye, and Georges, Telford Georges, pp. 51–52.

  70. 70.

    The case was ultimately tried by Georges himself at the High Court. Bierwagen and Peter cite the following case resulting from this incident as: 1969 H.C.D. [High Court Digest] 170. R.M. Bierwagen and C.M. Peter, ‘Administration of Justice in Tanzania and Zanzibar: A Comparison of Two Judicial Systems in One Country’, The International and Comparative Law Quarterly, 38 (1989), p. 410.

  71. 71.

    The story was retold in interviews with many Tanganyikan African lawyers and judges, for example: Augustino Ramadhani, interview with author, Dar es Salaam, 12 November 2008; Lameck Mfalila, interview with author, Dar es Salaam, 12 November 2008; Joseph Warioba, interview with author, Dar es Salaam, 25 November 2008; William Maina, interview with author, Dar es Salaam, 16 December 2008.

  72. 72.

    On preventive detention in Tanzania, see, for example: Pratt, The Critical Phase, pp. 184–189; C.M. Peter, ‘Tanzania’ in A. Harding and J. Hatchard (eds.), Preventive Detention and Security Law: A Comparative Survey (Dordrecht, 1993), pp. 247–257; Read, ‘Human Rights’, pp. 136–141; C.M. Peter, ‘Incarcerating the Innocent: Preventive Detention in Tanzania’, Human Rights Quarterly, 19 (1997), pp. 113–135; Widner, Building, pp. 117–122.

  73. 73.

    Preventive Detention Act 1962. See: Read, ‘Human Rights’, p. 137; Peter, ‘Incarcerating’, pp. 115–118.

  74. 74.

    Martin, Personal Freedom, pp. 92–93. He had previously justified its use in his speech at the opening of the new University College campus in 1964, see: J.K. Nyerere, ‘Opening of the University College Campus’ in J.K. Nyerere (ed.), Freedom and Unity—Uhuru Na Umoja: A Selection from Writings and Speeches, 1952–65 (London, 1967), pp. 312–313.

  75. 75.

    Martin, Personal Freedom, pp. 92–93; NACP, RG 59, 2618, POL 15-2 Tanzan, American Embassy Dar es Salaam to Department of State, 13 February 1970.

  76. 76.

    Unknown, ‘Georges on independence of Judiciary’, The Nationalist, 11 February, 1970, p. 1; NACP, RG 59, 2618, POL 15-2 Tanzan, American Embassy Dar es Salaam to Department of State, 13 February 1970.

  77. 77.

    Unknown, ‘Georges on independence of Judiciary’, p. 1.

  78. 78.

    NACP, RG 59, 2618, POL 15-2 Tanzan, American Embassy Dar es Salaam to Department of State, 13 February 1970.

  79. 79.

    Unknown, ‘Georges on independence of Judiciary’, p. 1.

  80. 80.

    Ibid.

  81. 81.

    NACP, RG 59, 2618, POL 15-2 Tanzan, American Embassy Dar es Salaam to Department of State, 13 February 1970.

  82. 82.

    Widner’s assessment of Chief Justice Nyalali’s background as, ‘typical of the first generation of African judges’ concurs with evidence collected by the author on judges appointed to the Bench in the 1960s and early 1970s. Widner, Building, pp. 45–49.

  83. 83.

    Ibid., p. 47. On Tabora Government School, see: Listowel, The Making, pp. 85–104; J. Iliffe, A Modern History of Tanganyika (Cambridge, 1979), pp. 328, 338–339, 341, 446, 553. See also: A. Eckert, Herrschen Und Verwalten : Afrikanische Büokraten, Staatliche Ordnung Und Politik in Tanzania, 1920–1970 (Munich, 2007), pp. 63–79.

  84. 84.

    Listowel, The Making, pp. 85 and 89.

  85. 85.

    Ibid., p. 93.

  86. 86.

    Widner, Building, p. 47. For example, Nyerere attended Tabora Government School.

  87. 87.

    On educational disparity among Christians and Muslims in Tanzania and the implications for the entrance of Africans into government service, see: F. Mkenda, ‘Tensions, Threats, and a Nation’s Weakest Link: Muslim-Christian Relations and the Future of Peace in Tanzania’, unpublished paper (Campion Hall, Oxford, 2011), pp. 2, 11, 15.

  88. 88.

    The United Republic of Tanzania, 1967 Population Census, Volume 3: Demographic Statistics, (Dar es Salaam, 1971), pp. 249–251.

  89. 89.

    J. Duffler and M. Frey, ‘Introduction’, in J. Duffler and M. Fry (eds.), Elites and Decolonization in the Twentieth Century (Basingstoke, 2011), p. 2.

  90. 90.

    Louis Makame, interview with author, Dar es Salaam, 19 December 2008.

  91. 91.

    Noel Mkondya, interview with author, Dar es Salaam, 8 November 2008; Robert Kisanga, interview with author, Dar es Salaam, 28 November 2008.

  92. 92.

    Widner, Building, p. 48.

  93. 93.

    Robert Kisanga, interview with author, Dar es Salaam, 28 November 2008.

  94. 94.

    Ibid.

  95. 95.

    John Malecela, interview with author, Dar es Salaam, 22 November 2008.

  96. 96.

    Daniel Augustino Saidi (with Elizabeth Kilasara [Saidi]), Dar es Salaam, 18 December 2008.

  97. 97.

    R. Rweyemamu, ‘How Mwalimu’s Former Pupil Rose to be Tanzania’s Chief Justice’, The Standard, 18 May 1971, p. 4. Though the University was and continues to be a Muslim university, it is open to all students regardless of religious affiliation. It was founded under British rule in 1875 and is in modern day Uttar Pradesh, India.

  98. 98.

    John Malecela, interview with author, Dar es Salaam, 22 November 2008.

  99. 99.

    Augustine Saidi Personal Papers, Dar es Salaam, Letter of reference for A. Saidi by M.I. Khowaja, 30 July 1957.

  100. 100.

    Augustine Saidi Personal Papers, Dar es Salaam, Letter of reference for A. Saidi by M. Habib, 30 July 1957.

  101. 101.

    Rweyemamu, ‘How Mwalimu’s Former Pupil’, p. 4.

  102. 102.

    Mawalla went to the Inns of Court in England after completing his studies in India and was called to the Bar. Mark Bomani, interview with author, Dar es Salaam, 26 November 2008.

  103. 103.

    Noel Mkondya, interview with author, Dar es Salaam, 8 November 2008.

  104. 104.

    Mark Bomani, interview with author, Dar es Salaam, 26 November 2008.

  105. 105.

    R. Sadleir, Tanzania, Journey to Republic (London, 1999), p. 238.

  106. 106.

    Louis Makame, interview with author, Dar es Salaam, 19 December 2008.

  107. 107.

    Mark Bomani, interview with author, Dar es Salaam, 26 November 2008; MCA, s 23(1–2).

  108. 108.

    Rweyemamu, ‘How Mwalimu’s Former Pupil’, p. 4.

  109. 109.

    J.K. Nyerere, ‘Education and Law’ in J.K. Nyerere (ed.), Freedom and Unity—Uhuru Na Umoja: A Selection from Writings and Speeches, 1952–65 (London, 1967), p. 130.

  110. 110.

    On the Denning Committee, see: W. Twining, ‘Legal Education within East Africa’, British Institute of International and Comparative Law in East African Law Today, Commonwealth Law Series No. 5 (1966), pp. 119–120; Y. Ghai, ‘Law, Development and African Scholarship’, The Modern Law Review, 50 (1987), pp. 752–755; Widner, Building, pp. 54–55; J. Harrington and A. Manji, “Mind with Mind, Spirit with Spirit”: Lord Denning and African Legal Education’, Journal of Law and Society, 30 (2003), pp. 279–383; J. Harrington and A. Manji, ‘The Emergence of African Law as an Academic Discipline’, African Affairs, 102 (2003), pp. 125–127.

  111. 111.

    Great Britain, Report of the Committee on Legal Education for Students from Africa (London, 1961), p. 28, as cited in: Twining, ‘Legal Education’, p. 120. For a discussion of the recommendations in the Denning Report, see: Harrington and Manji, ‘Mind’, pp. 383–385.

  112. 112.

    University College, Dar es Salaam (Provisional Council) Ordinance 1961.

  113. 113.

    A.B. Weston, ‘Tanganyika’, Journal of African Law, 6 (1962), p. 151.

  114. 114.

    Ibid., p. 152.

  115. 115.

    William Twining, interview with author, Oxford, 16 June 2009; Twining, ‘Legal Education’, p. 120.

  116. 116.

    I.N. Kimambo, ‘Establishment of Teaching Programmes’ in I.N. Kimambo; B.B.B. Mapunda, and Y.Q. Lawi (eds.), In Search of Relevance: A History of the University of Dar Es Salaam (Dar es Salaam, 2008), pp. 108–109.

  117. 117.

    William Twining, interview with author, Oxford, 16 June 2009.

  118. 118.

    Ibid.

  119. 119.

    This played a role in the decision to develop a three-year rather than a four-year degree programme, see: Weston, ‘Tanganyika’, p. 153. For a description of the curriculum, see: Widner, Building, p. 153.

  120. 120.

    Ghai, ‘Law’, pp. 755–760; Patrick McAuslan, interview with author, London, 6 October 2009.

  121. 121.

    Terence Ranger, interview with author, Oxford, 30 April 2009. The two foundational texts were authored by McAuslan, one of the original faculty members, and two men who joined the faculty in the 1960s: Y.P. Ghai and J.S. Read. In 1970 Ghai and McAuslan published Public Law and Political Change in Kenya, and in 1972 Read (with H.F. Morris) published Indirect Rule and the Search for Justice. Twining, another one of the original three faculty members, became one of the pioneers of the ‘law in context’ perspective on the discipline of law, see: W. Twining, Law in Context: Enlarging a Discipline (Oxford, 1997), pp. 23–25. For an overview of the subsequent careers and publications of faculty members and students, see: Widner, Building, pp. 52–53, fn 18.

  122. 122.

    Nyerere, ‘Education and Law’, p. 130.

  123. 123.

    B.B.B. Mapunda, ‘Infrastructure’, in I.N. Kimambo, B.B.B. Mapunda, and Y.Q. Lawi (eds.), In Search of Relevance: A History of the University of Dar Es Salaam (Dar es Salaam, 2008), p. 62.

  124. 124.

    Ulric Cross, interview with author, by telephone from Port of Spain, 28 February 2010. Named The Denning Law Journal and the Denning Law Society. Widner, Building, p. 55.

  125. 125.

    On the physical infrastructure of the College, see: Mapunda, ‘Infrastructure’, pp. 61–67.

  126. 126.

    Weston, ‘Tanganyika’, p. 152.

  127. 127.

    Terence Ranger, interview with author, Oxford, 30 April 2009. Similar sentiments expressed by: Gerald Ndika, interview with author, Dar es Salaam, 6 November 2008. Class lists from the first year until the 1980 intake on are available in: S.E.A. Mvungi (ed.), Forty Years of the Faculty of Law University of Dar Es Salaam 1961–2001 (Dar es Salaam 2002), pp. 151–159. For Faculty members’ memories of teaching law in Dar, see: I.G. Shivji, Limits of Legal Radicalism: Reflections on Teaching Law at the University of Dar Es Salaam (Dar es Salaam, 1986).

  128. 128.

    Patrick McAuslan, interview with author, London, 6 October 2009.

  129. 129.

    Edward Mwesiumo, interview with author, Dar es Salaam, 7 November 2008.

  130. 130.

    The cohort of Tanganyikans in the judiciary (and other branches of government) who were able to move up quickly due to the vacancies after independence can be compared to young ICS officials in India who received ‘usually rapid promotion’ as British officers left during India’s transition to independence. J.M. Brown, Windows into the Past: Life Histories and the Historian of South Asia (Notre Dame, 2009), p. 27.

  131. 131.

    J.L. Mwalusanya, The Judiciary in Tanzania (Dar es Salaam, 1988), p. 34.

  132. 132.

    Sol Picciotto, interview with author, Leamington Spa, 8 October 2009. Similar sentiments expressed by: Patrick McAuslan, interview with author, London, 6 October 2009.

  133. 133.

    Barnabas Samatta, interview with author, Dar es Salaam, 3 December 2008.

  134. 134.

    Ibid. The Tanzanian government loaned Samatta to Zimbabwe’s Bench between 1983 and 1987.

  135. 135.

    Robert Kisanga, interview with author, Dar es Salaam, 28 November 2008.

  136. 136.

    RHL, MSS. Afr. s. 1830, Proceedings of a symposium on the Administration of Law in British Africa, 1–2 July 1980, P. McAuslan, ‘The Training of Legal Personnel: Reflections from an East African Perspective’, p. 7.

  137. 137.

    Ulric Cross, interview with author, by telephone from Port of Spain, 28 February 2010.

  138. 138.

    Georges, ‘The Role of Judges’, pp. 62–63.

  139. 139.

    Edward Mwesiumo, interview with author, Dar es Salaam, 7 November 2008.

  140. 140.

    For example: Lameck Mfalila, interview with author, Dar es Salaam, 12 November 2008; William Maina, interview with author, Dar es Salaam, 16 December 2008.

  141. 141.

    Harold Platt, interview with author, Graz, 30 January 2010.

  142. 142.

    Harold Platt, interview with author, Graz, 30 January 2010; Ulric Cross, interview with author, by telephone from Port of Spain, 28 February 2010.

  143. 143.

    The new judges on the Bench were Justices Kisanga, N.S. Mzavas, J.M.M. Mwakasendo, J.B. Patel, and P.M. Jonathan, who had earned their law degrees abroad, and El-Kindy and Kwikima, from the first class of the Faculty of Law in Dar es Salaam.

  144. 144.

    Widner, Building, pp. 114–115; Fiadjoe, Kodilinye, and Georges, Telford Georges, p. 56.

  145. 145.

    NACP, RG 59, 2618, POL 15-2 Tanzan, American Embassy Dar es Salaam to Department of State, 8 April 1971.

  146. 146.

    Fiadjoe, Kodilinye, and Georges, Telford Georges, pp. 51–52.

  147. 147.

    Augustino Ramadhani, interview with author, Dar es Salaam, 12 November 2008.

  148. 148.

    Rweyemamu, ‘How Mwalimu’s Former Pupil’.

  149. 149.

    Ibid.

  150. 150.

    Widner, Building, p. 115. Georges’ biographers assert that Georges did not think Saidi, ‘had the character necessary for the job’. Fiadjoe, Kodilinye, and Georges, Telford Georges, p. 52

  151. 151.

    Patrick McAuslan, interview with author, London, 6 October 2009; Joseph Warioba, interview with author, Dar es Salaam, 25 November 2008; Robert Kisanga, interview with author, Dar es Salaam, 28 November 2008.

  152. 152.

    Shivji mentioned the removal of the wigs as a symbol of the court moving on from its colonial past in: Issa Shivji, interview with author, Dar es Salaam, 20 November 2008.

  153. 153.

    Louis Makame, interview with author, Dar es Salaam, 19 December 2008. The robes were also replaced around this time, reportedly on Georges’ request. Widner, Building, pp. 61–62; Louis Makame, interview with author, Dar es Salaam, 19 December 2008.

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Feingold, E.R. (2018). Foreign Judges and the Emergence of a Tanzanian Judiciary, 1964–1971. In: Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971. Cambridge Imperial and Post-Colonial Studies Series. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-69691-1_7

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  • DOI: https://doi.org/10.1007/978-3-319-69691-1_7

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  • Publisher Name: Palgrave Macmillan, Cham

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  • Online ISBN: 978-3-319-69691-1

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