342. The third level relates to the financial independence of the judiciary. The salaries of judges are charged to the Consolidated Fund. The financial security of judges was further assured by the 1999 Public Service Retirement Benefits Act, which substantially enhanced their retirement benefits. Among other benefits, a judge and a Justice of Appeal are each entitled on retirement to a pension equal to eighty per cent of the salary of the incumbent holder of the office in which he was serving, and from which he is retiring, in addition to the following: (i) a diplomatic passport for him and his wife; (ii) one motor vehicle given once; (iii) a lump sum grant sufficient to remunerate one driver for four years; (iv) a total sum of money sufficient to purchase 50l of fuel per week granted once as a lump sum to cover a 4-year period; (v) a total sum of money being maintenance allowance for a motor vehicle to be granted once as a lump sum at a rate equal to 40 per cent of the fuel allowance; and, (vi) use of the VIP lounge at airports. The pension, gratuity, allowances, and services are to be paid out of the Consolidated Fund and are not subject to taxation.[Charles Peter Maina, op.cit] 343. The operational costs of maintaining the courts are such as to require the judiciary to look up to the executive branch for support and subvention. Some of the participants at the CRM meeting with the judiciary considered the situation as a threat to the independence of the judiciary, especially in the lower courts where corruption is rife and where magistrates are paid less than US$100 a month. A participant at the CRM meeting with the judiciary observed that public contact with the judiciary is more pronounced at lower court levels. This is where, from the regional magistrates downwards, more than three-quarters of the entire body of judiciary work is handled. Yet it is the level where legal and justice sector reforms have been less successful and political interference from regional and district commissioners most pronounced. 344. Stakeholders at CRM meetings at Arusha, Bukoga, Kigoma, and Songea wish to see Khadi Courts, or Shari’a courts, established as another level in the national judicial system to cater for personal law matters: notably, divorce, inheritance and marriage among the country’s Muslim population. They pointed out that this was necessary to constructively manage the country’s religious and cultural diversity, especially where the majority, or a substantial portion of the population is Muslims. Under present arrangements, matters of personal law affecting Muslims are governed by a number of pieces of legislation: the Marriage Act, for example, which tries to strike a balance between religion, culture and law. Extent of the effectiveness of the legislature 345. As previously noted, there are constitutional limits to the independence of the legislature, which subject its legislation and other action to judicial review. As was also pointed out, there is some fusion, or “incomplete separation” of the executive and the legislature under the 1977 Constitution. For example, cabinet members, including the prime minister, are required to sit as Members of Parliament. The President is, for all practical purposes, part of the legislature and is the “chief legislator,” because of his power to initiate, and assent to legislation before it becomes law. In addition, the President has the power, under the thirteenth amendment to the constitution in 2000, to appoint ten Members of Parliament. 346. The recent constitutional reform debate initiated by the Speaker’s Committee turned the searchlight on the separation of powers in ways that would strengthen the legislature, by making its oversight role and administrative machinery more effective. There were three ways proposed. First, debate focused on expanding the scope of Article 63(3)(e), requiring the legislature to ratify treaties and other international agreements, to include mining and privatisation contracts. Secondly, debate touched on the need to subject a number of presidential appointments to important public positions to confirmation by the legislature, inter alia: the office of Attorney-General; the Chief Justice; Judges of the Court of Appeal; Ambassadors and High Commissioners; Chairman and Members of the National Electoral Commission; the Chief Executive of the Bank of Tanzania; and, the Revenue Authority. Thirdly, there was pressure to further strengthen the Parliamentary Service. Created as a separate service under the Parliamentary Service Act of 1997 for members of the legislature, these staff were also considered civil servants before the legislation. Pressure for the Constitution to be amended to provide for a Parliamentary Service Commission came in the form of a recommendation from the Speaker’s Committee.   Extent of the independence of the executive 347. Although the President has a vast array of powers under the Constitution, they are not limitless and are subject to the provisions of the law. For example, the President must appoint cabinet members from parliament. In some 82