ANOTHER BOLD SPIRIT IN LEGAL FRATERNITY NO LONGER WITH US
Bold spirits within the judiciary, such as Justice James Mwalusanya, Justice Mwesiumo, and the late Justice Lugakingira, will always be remembered for championing judicial activism in Tanzania, which is directly reflected in their precedents and judgments. During Tanzania’s single party era, the judiciary struggled to act independently. These Judges, and others, are largely responsible for the Development of human rights jurisprudence in Tananzania.Justice James Mwalusanya passed away on 1st August, 2010 at his home in Dodoma region.
Mwalusanya championed individual and collectives efforts in promotions and protection and defense of human rights in judicial proceedings. Justice Mwalusanya made outstanding and remarkable judicial precedents which have been used to champnion judicial activism in Tanzania. Mwalusanya can remembere by his bold decision in many cases which required human judicial activism to decide them without violating human rights. Justice Mwalusanya died while the country lacks judicial officers who believe and protect principles of human rights as provided by many international instrument ratified by the country
Justice Mwalusanya was also awarded by LHRC Maji Maji 1st human rights awards in 2005 in the recognition and appreciation of his immense and exemplary contribution in protection, promotion and defence of human rights during his carrier. During his life time and his tenure Justice Mwalusanya used boldly legal profession to pronounce decisions demonstrating an impressive and firm stand by judiciary in its role of dispensing justice without fear or intimidation. Its know that judiciary can seriously weaken its independence if there are attempts within its ranks to keep law and order by policing those members of the judiciary who are perceived to belong to the activist wing of the department. Normally, activism in judicial work affects the executive arm of the State and not the judiciary itself. Therefore, whoever attacks activism does so for and on behalf of the executive either knowingly or unknowingly.
BY ONESMO OLENGURUMWA