When a judge bites like a guarding cat!
In Tanzania we talk a lot about accountability but too little coherent institutional response is seen. We talk of removing corruption but yet are officially classified as being amongst the world's most corrupt. When a system speaks in double tongue its credibility is eroded until and unless concrete measures are taken against those contributing to its fallen image. Accountability means that if a public officer abuses his office, either by an act of omission or commission, and in consequence of that there is an injury or loss to an individual or the public at large, he must be held responsible for it. By this definition, laws are broken every day in Tanzania but we don't see people being held responsible except for a few odd cases.
Our main problems are corruption and the absence of public accountability. Public accountability is the basic problem, in the sense that if the guilty are punished quickly and adequately, it would logically take care of corruption. Unfortunately, today the procedures of accountability are either non-existent or are very feeble and fragile besides being dilatory, and any person with sufficient money power or personal connections can bend rules to suit his needs.
The basic purpose of the doctrine of public accountability is to check the growing misuse of power by the administration and to provide speedy relief to the victims of such exercise of power. The doctrine is based on the premise that the power in the hands of administrative authorities is a public trust, which must be exercised in the best interest of the people. The strengthening of the public accountability system should be the top priority of the government.
Any system has three components: structures and procedures; persons who manage the system; and environment in which the system works. Improvement is required in all the three components. Every holder of public power, where public element is present, should consider himself a trustee of society and must exhibit honesty, integrity, sincerity, faithfulness and transparency in all facets of public administration.
Some in the upper strata, meaning the rich and the influential, consider the means of income irrelevant and have sought to get the ends even if this means breaking a multitude of laws and regulations. They believe that with their wealth and position they can bend rules and have developed an utter disregard for law, nay, contempt for it. Their feeling is that the law is meant for lesser mortals, and not for them.
The problem is aggravated by the fact that the judiciary is slow, variegated and vulnerable to corruption. Even in the courts of law, influence is often sought and some judges are tempted to sway from making realistic judgements to one's that are influenced by money. Corruption is a calculated crime. Before indulging in it, a person carefully calculates the benefit involved, chances of being caught and the quantum of punishment, if caught. If the chances of being caught and the amount of punishment were certain and high, a person normally would not indulge in it. This is why unless the judicial response is seen to be unbiased and is supported by an effective and adequate response from every other institution of governance, the danger is that corruption will remain unabated.
Nothing is of greater value to a person than the power of judgement and injustice can only prevail over justice when judges have stopped believing in God. If men commit crimes and buy their way through courts of law at the cost of innocent people, they are actually liable of two crimes. One is for the crime they have commited and second for putting the blame to an innocent person.
Judges who who accept bribes to distort the truth are 'low' calibre human beings. Judges should be and be seen to be fair at all times for all classes of people. The worthy administrators of justice are like a cat set to take care of a piece of cheese, lest the mice should gnaw it. One bite of the cat can do more damage to the cheese than twenty mice can do!