There shall be an Appointments Advisory Commission for Judges and Magistrates in Mainland Tanzania which in this Constitution shall be known as the “Judicial Service Commission”.
Members of the Commission shall be –
the Chief Justice who shall be the Chairman;
the Attorney General;
a Justice of the Court of Appeal of Tanzania who shall be appointed in that behalf by the President after consultation with the Chief Justice;
the Principal Judge; and
two members who shall be appointed by the President.
A person shall not qualify to be appointed member of the Commission under the provisions of paragraph (e) of subarticle (2) of this Article, if he is a Member of Parliament or the holder of any other office prescribed in that behalf by a law enacted by Parliament.
In discharging its functions, the Commission may delegate its duties to various Committees to be established in accordance with law enacted by Parliament.
113. Powers and functions of the Commission
The functions of the Commission shall be –
to advise the President regarding appointments of the Judges of the High Court;
to advise the President on matters relating to discipline of Judges;
to advice the President in relation to salaries and remuneration for Judge;
to advise the President in respect of appointment and discipline for Registrar of the Court of Appeal and the Registrar of the High Court;
to appoint magistrates and control their discipline;
to establish various committees for purposes of implementation of its functions.
The powers of appointment, control of discipline and removal of Judges from office shall vest in the President in accordance with the provisions of this Constitution.
Powers of appointments, confirmation, disciplinary and removal of Registrars of the Court of Appeal and the High Court shall vest in the President.
Powers of appointment, confirmation, disciplinary and removal of magistrates of courts in Mainland Tanzania shall vest in the Commission mentioned in Article 112.
The Parliament may enact a law which shall make provisions relating to implementation of the functions by the Commission.
113A. Membership in political parties
It is hereby prohibited for a Justice of Appeal, a Judge of the High Court, a Registrar of any grade or a magistrate of any grade to join any political party save only that he shall have the right to vote which is specified in Article 5 of this Constitution.
PART IV. THE HIGH COURT OF ZANZIBAR
114. The High Court of Zanzibar
For the purposes of construing the provisions of this Chapter of this Constitution, it is hereby declared that the provisions contained in this Chapter do not prevent the continuance or establishment, in accordance with the law applicable in Zanzibar, of the High Court of Zanzibar or courts subordinate to it.
115. Jurisdiction of the High Court of Zanzibar
Subject to Articles 83 and 116 of this Constitution, the jurisdiction of the High Court of Zanzibar shall be as specified in the laws applicable in Zanzibar.
Subject to the provisions of this Constitution or of any other law enacted by Parliament, where any law enacted by Parliament and which is applicable in Mainland Tanzania and also in Tanzania Zanzibar vests any power in the High Court, then the High Court of Zanzibar may exercise that power concurrently with the High Court of the United Republic.
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