1. Introduction
There are many untold or unknown stories about unique Tanzanian women who have had extraordinary professional careers. One of those stories is that of Retired Lady Justice EUSEBIA NICHOLAS MUNUO. She presided over many Criminal and Civil cases and accumulated many FIRSTS in her illustrious professional career spanning over 4 decades while facing many challenges, along the way, in a predominantly male legal profession but soldiered on until she, triumphantly, bowed out of the Bench after clocking the mandatory retirement age of 65 in September 2012.
Lady Justice EUSEBIA is, indeed, an incredible woman and all aspects of her legal career have been permeated by a commitment to public service and unwavering integrity.
FIFTY YEARS ago today, Ms EUSEBIA NICHOLAS MUNUO started her distinguished judicial career as a Magistrate.
In view thereof, as MZEE WA ATIKALI, I am proud to profile and recognise this extraordinary trailblazing woman.
2. Ms EUSEBIA's Early Life
2.1 A Jewel is Born
Ms EUSEBIA was born in the Year of Our Lord 1940.
2.2 Primary & Secondary Education
Ms EUSEBIA's parents were, unlike most parents back then, liberal. They believed that each child ought to be given the opportunity for unlimited development of their skills and talents.
Ms EUSEBIA, thus, started her primary education and as she was a bright student, she successfully passed her primary school exams. Thereafter, she joined the prestigious Tabora Girls Secondary school.
3. Ms EUSEBIA Chooses LAW as A Profession
After successfully completing her High School education, it was now time to choose a profession. This was a career defining moment. Ms EUSEBIA, chose Law as a profession. She was sure that being qualified in Law would be beneficial for a woman.
4. Ms EUSEBIA Joins Udsm
Ms EUSEBIA, after passing her exams with flying colours, was admitted at University college Dsm which was then a constituent college of the University of East Africa.
4.1 Faculty of Law's Women Outnumbered by Men
At a time when "a girl's place was in the kitchen", it was not surprising that there were only two women in her class; as she narrates-
"There were 98 students in our class, out of whom only two were women. I was one of the two women".
4.2 Ms EUSEBIA's Intellectual Habit
Ms EUSEBIA's student life was clearly marked by an Intellectual habit in readership until she successfully completed her university education.
5. Ms EUSEBIA Breaks the Glass Ceiling
In 1970, Ms EUSEBIA made history when she became the First Female Magistrate not only in TZ but also in the whole of East Africa. This was, indeed, a milestone for women in this region.
6. Hon. EUSEBIA awarded Well-deserved Promotions
Hon. EUSEBIA was a no nonsense Magistrate who had a commanding manner. Through dedication, commitment & determination, she rose through the ranks to become Principal Resident Magistrate.
7. Hon. EUSEBIA Followed in the Footsteps of a Nigerian
By becoming the First Female Magistrate, Hon. EUSEBIA followed in the footsteps of Hon. STELLAH THOMAS who was the First Female Lawyer in Africa and the First Nigeria's Female Magistrate in 1943.
8 Hon. EUSEBIA Appointed HC Judge
In 1987, after 17 years as a Magistrate, H.E President ALI HASSAN MWINYI appointed Hon. EUSEBIA as Judge of the High Court of TZ. She was the second Female Judge in TZ after Hon. JULIE MANNING.
As a Judge, Madam EUSEBIA delivered many landmark decisions and her favourite was the celebrated case of "AG Vs Lohay Akonay & Another". She narrates- "I struck down provisions of the Ujamaa Villages Act, 1992 purporting to oust the jurisdiction of the courts to determine communal land disputes".
9. Judge EUSEBIA Ordered Hanging of 10 Murder Convicts
Among the categories of cases she was required to determine as a Judge, were murder cases. Once convicted, there is only one mandatory sentence. She narrates-:
"In my judicial career as a Judge, I meted out the mandatory death sentence to ten men I had earlier on convicted".
10. Ms EUSEBIA Hits the Glass Ceiling
In August 2001, after 14 years as a Judge, HE President BEN MKAPA appointed Madam Judge EUSEBIA as a Lady Justice of Appeal. Consequently, she made history by becoming the First Female Justice of Appeal not only in TZ but also in the whole of East Africa. She states:
"I happened to be the most senior Female Judge in the High Court, so there was no obstruction to my being appointed a Justice of Appeal. I had the required qualifications for the post".
The late HUMPHREY MKONDYA, TZ's first Indigenous advocate, had this to say about that appointment-:
"She was the most experienced out of all candidates and therefore her position as Justice of Appeal was well deserved and earned".
This was a historic moment as before, all Justices of Appeal, eversince the Court of Appeal was established in 1979, were male.
Lady Justice EUSEBIA delivered, alongside her colleagues, many important decisions. One of them was delivered on 17.6.2010 ( AG Vs Rev. Christopher Mtikila, Civil Appeal No.45 of 2009).
On that day, Lady Justice EUSEBIA was one of a Seven-Judge Full Bench of the Court of Appeal of TZ which delivered its judgement on the issue of Independent Candidates in what is, beyond rational controversy, the most important Constitutional case ever to have been brought to a court of law in this country.
The Court held- "The issue of independent candidates has to be settled by Parliament which has the jurisdiction to amend the Constitution and not the courts".
11. Lady Justice EUSEBIA Retires
In September 2012, after clocking the mandatory retirement age of 65, Lady Justice EUSEBIA, triumphantly, called it Quits!.
12. Lady Justice EUSEBIA's Divorce Shocker
Since she became a Magistrate in 1970 until she retired in 2012, Lady Justice EUSEBIA never granted a divorce court order. She explains-
"Family work is probably the most delicate as you are making life changing and lifelong decisions for children. I never granted a divorce court order".
13. Lady Justice EUSEBIA was an Upright Jurist
"I worked for 42 years in the Judiciary. I was hard-working and brave. I was never a timid soul and I never experienced a loss of self confidence. I always had the integrity to refuse to compromise on matters of principle. I decided cases solely on the evidence presented in court by the parties and in accordance with the law".
14. Lady Justice EUSEBIA Founded the TWJA
Lady Justice EUSEBIA, an avowed women rights activist, was the founder of the TZ Women Judges Association and was its President for ten years. This Association is providing public education on human rights.
15. Lady Justice EUSEBIA Makes Yet Another History
In 2012, Lady Justice EUSEBIA made another history by becoming the First and Only Tanzanian to be elected President of the International Association of Women Judges. She served from 2012 to 2014.
That was a Milestone for Tanzanian women.
16. Lady Justice EUSEBIA Appointed Parole Board Chair
H.E President Dr. J. KIKWETE appointed Lady Justice EUSEBIA TZ's Parole Board Chair. Her term expired in 2016.
17. Lady Justice EUSEBIA Awarded
When celebrating 50 years of independence in 2011, H.E Dr. J. KIKWETE awarded Lady Justice EUSEBIA a Special Award for her exemplary service.
18. Lady Justice EUSEBIA is Married to LORD NGUNI"
Lady Justice EUSEBIA is married to "Mr. N.I.N NGUNI MUNUO, who likes to call himself "Lord Nguni", Supreme defender of the Faith and Elect of God. He is an advocate of the High Court of TZ, of a fairly long standing who is based in Arusha. He is a unique fella who is a proponent and adherent of Ubuntu. This bald-headed advocate always walks with a curved stick.
One of the challenges Lady Justice EUSEBIA faced, in her judicial career, was juggling work and family but she somehow managed.
19. CONCLUSION
This was a remarkable story of an extraordinary woman, Lady Justice EUSEBIA, a woman of many FIRSTS with a decorated career of 42 years and who rose to the top of what was a man's legal world. She faced many challenges along the way, but soldiered on!.
An independent and open-minded woman, she has been a huge inspiration for many young women aspiring to be advocates, Magistrates and Judges.
20. FOOD FOR THOUGHT:
The Million-dollar question is-: Are Female Magistrates, Judges & Justices, all over the world, who are avowed Women Rights Activists, impartial when handling cases relating to Inheritance & Rape?.
The Ball is in your Court!
KUDOS TO YOU,
LADY JUSTICE EUSEBIA, ONE OF THE RAREST GIFTED WOMEN IN TZ!!!
By MZEE WA ATIKALI ✍️✍️✍️
Mafunzo ya Ufugaji Bora na Matibabu, Jiunge sasa kwa KUBOFYA HAPA
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