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5. 1 of 2020 repealed the Legal Practitioners Decree Cap. 2. [4]  In Tanzania there are differences qualifying processes and procedures between candidates who graduated their Bachelor of Laws Degrees before and after 2007. The remuneration of an advocate of the High Court by his or her client in • The Advocates (Disciplinary and Other Proceedings) Rules. Registrar to keep Roll of advocates. advocate, authorising him to practise as such within Tanzania, pursuant to the provisions of Part VI; "Registrar" means the Registrar of the High Court; "Remuneration Committee" means the Committee established under the provisions of Part VIII; "Roll" means the list of advocates kept in accordance with the provisions of Part IV; Fatma Karume, one of Tanzania’s top lawyers, has said she’s been struck off from the roll of advocates, a decision that bans her from practising law in the mainland. Admission and enrolment of advocates. [23] Some of the laws repealed are:-, In the cause of a need to practice in Tanzania Mainland, Tsh. 29 and Enact. under Article 59 of the Constitution of the United Republic of Tanzania. PROPER MEANINGS OF CATEGORIES OF ADVOCATES. [23] See section 64 of the Advocate Act No. The National Prosecution Services Act, No. Legal Practitioners Rules GN 239 of 1946. Establishment and procedure of Council. Legal practice in Kenya is governed by the Advocates Act, Cap 16 of the laws of Kenya. (Though fees is usually paid upon actual admission) Applicant shall be notified to appear before the council for legal education for examination. 2. 4. Corporate Law Firm in Tanzania +255 22 2114291. Further, deceased and unknown categories of Advocates are neither no longer useful at the material time nor need to be portrayed in the system. 1 of 2020 - Zanzibar. Applications are usually made in a specified form accompanied by fees. 42. The learned … However, the applicant must satisfy the Chief Justice that he/she has met all professional requirements and qualifications and has adequate legal knowledge as well as the language of the court which is English and must also produce the relevant certificates plus testimonials of character. 4 of 2011. c) The Legal Aid (Criminal Proceedings) Act, according to its short title, this is an Act to provide for the rendering of free legal aid in criminal proceedings involving indigent persons. To banner for with links for different tasks 2. These machineries may be categorised as follows; These are acts or legislative instruments which in a way or other touch the conducts of the advocates’ professions, they must thus observe these pieces of legislation. “Subject to subsection (3) and to section 28(5), subsection (2) shall have effect where an advocate applies for a practicing certificate; when for twelve months or more he has ceased to hold a practicing certificate in force; or, whilst he is an un-discharged bankrupt or a receiving order in bankruptcy is in force against him; or, when, having been suspended from practice or having had his name removed from or struck off from the Roll, the period of his suspension has expired or his name has been restored to the Roll, as the case may be; or, not having held a practicing certificate in force within twelve months next following the date of his admission as an advocate; or, whilst he is a person to whom the powers and provisions of the Mental Health Act (Cap. Advocates in Tanzania are creature of statutes. Tanzania: Disqualified Advocate Wins Law Court Bid THE Court of Appeal has nullified the cancellation of Mr Christian Laurent Rutagatina from the roll of advocates in Tanzania, … However, an advocate who fails to obtain a practising certificate within six months after the expiration of the last certificate issued to him shall, upon being granted leave to renew the certificate out of time, pay the fees for renewal of the certificate plus half that the amount as penalty for default: Provided that the Chief Justice may upon good cause being shown, waive the penalty. DIFFERENT CATEGORIES OF ADVOCATES IN TANZANIA. All these Acts have a common ancestry, the English Solicitors Remuneration Acts of 1870 and 1881, and the Solicitors Act of 1932. 11, 12. Each certificate of admission issued by the chief justice shall be endorsed "the certificate itself is not a license to practice an advocate” The registrar upon production of an admission certificate signed by the chief justice and on payment of the prescribed fee to the registrar, the registrar shall enter on the roll the name of the person so admitted Presently, the Law School of Tanzania offers a one-year practical legal training programme, which is compulsory for any law graduate aspiring to be enrolled as an advocate of the High Court of Tanzania. 515 of 1991 PART I GENERAL PROVISIONS (rules 1-16) 1. The differences emerged after the enactment of the Law School Act in 2007. 7. REQUIREMENTS FOR ADMISSION AS AN ADVOCATE IN TANZANIA.. 4, 4. THE QUALIFICATION PROCESSES OF ADVOCATE IN ZANZIBAR AFTER THE ENACTMENT OF ACT NO. Hence, in the light of the above observations, the following are categories of Advocates in Tanzania and Other Jurisdictions as hinted above:-. The petition is usually accompanied by certificate of good character, certificate of pupilage, and certificates for Secondary School (O- Level and A- Level) and University Certificates of LLB Degree which is mandatory and any other postgraduate certificates including that of Law School of Tanzania for those who completed their degrees after the start of the law School program, The certificate of Good Character is drafted in the favour of the petitioner by any admitted member of the bar who knows the petitioner and certifies his or her good character. In other ways around, a foreign advocate who is not enrolled in Zanzibar but has come or intends to come to Zanzibar for the purpose of appearing in a case as an advocate, may apply to the Chief Justice for permission to appear in that case. She has worked with Ligomarc Advocates and Airtel in Uganda, Adept Chambers in Tanzania, Smart East Africa, MultiChoice East Africa and is currently helping the Econet Group roll out its television media business across the region. Advocate not to act as agent for unqualified person. 45—Employment by advocate of persons struck-off the Roll or suspended. From the foregoing, it is pertinent to note that there are various categories of Advocates depending on a particular jurisdiction and how the said jurisdiction defines the meaning of such categories of Advocates. 28 and the Notaries Public Decree Cap. [11] An Act to Repeal the Legal Practitioners Decree Cap. Must have resided in the Isles for not less than six months; Been in continuous practice in Kenya, Tanganyika, Malawi or Uganda for 5 years; The Chief Justice can also admit a person on ad hoc. Columbia University ICAP is working in Tanzania to implement PrEP services for key populations. Office of the Attorney General (Discharge of Duties) Act, 2005. 29 and enact the Advocates Act and other matters related thereto. Under section 39(1)[5], one cannot be an advocate after the completion of the degree in law and/or a postgraduate certificate in legal practice from the Law School of Tanzania without submitting to the Council of Legal Education necessary documents including his/her petition, certificates of secondary schools (both ‘O’ level and ‘A’ level), University Academic transcripts, Bachelor of Law Degree, a certificate of character, Deed Poll (if any) and a letter from employer. The Advocates Remuneration Order GN 264 of 2015. 344 of 2019. As hinted above, there have been no prior definitions in terms of different categories of advocates in Tanzania and their proper meaning. An application to remove the name of an advocate from the roll or to require an advocate to The programme is divided into two semesters. Other methods include mediation and reconciliation. Click a business title below for a description … When for twelve months or more he has ceased to hold a current practising certificate; or, Whilst he is an un-discharged bankrupt or a receiving order in bankruptcy is in force against him; or, When, having been suspended from practice or having had his name struck off the Roll, the period of his suspension has expired, or his name has been restored to the Roll, as the case may be; or, Not having held a practising certificate within the twelve months next following the date of his admission to the Roll; or. I. (b)        four hundred thousand shillings for any other case. Whilst he is a person in respect of whom an adjudication order under the Mental Disorders Act is in force; or Cap. 6, 6. PART III COUNCIL OF LEGAL EDUCATION 5A. The petitioner does so to seek admission and enrollment in the roll of advocates in Tanzania.Fourth, the petitioner whose petition has been accepted has to make clearance by the chief justice. 341 and the Law Scho, [9] An Act to Repeal the Legal Practitioners Decree Cap. Therefore, Zanzibar has its own laws governing the legal profession. PROFSSIONAL CONDUCT (ETHICS) OF ADVOCATES IN TANZANIA. 9. Employment by advocate of persons struck-off the roll or suspended. In that regard, the Office of  Registrar, High Court of Tanzania sought it is pertinent  to  mitigate categories of Advocates  which appears on the system  in view  of Managing  Advocates in Tanzania and  have in place categories that  are in line with  Advocates Act and The Tanganyika Law Society  and categories  that can be easily  understood by the public. No. • The Advocates (Professional Requirements) Regulations. Litigation. The Constitution of the United Republic of Tanzania of 1977. He has been in continuous practice as an advocate in Kenya, Uganda or Zanzibar during the five years immediately preceding his application. ADVOCATES COMMITTEE 4. Section 25 of the Advocate Act of Kenya Cap.267 provides that the Registrar may issue practicing certificate in special cases; it provides that; There are two main categories of Advocates in Legal Practitioners Act Chapter 30 of the Laws of Zambia:-, Section 37(1) of the Legal Practitioners Act Chapter 30 of the Laws of Zambia provides for circumstances where practicing certificates can be issued,. Read here Who is citizen of India . The Notaries Public and Commissioner for Oaths Act. roll numbers date of admission full name of advocate 1 20.4.1931 pirojshaw rustomki dastur 2 30.10.1945 zaffer ali paliwala 3 9.4.1946 s. n. patel 4 5.4.1949 kantilal laxmichand jhaveri 5 25.4.1949 tahir ali 6 20.3.1950 mahmud nasser rantansey 7 11.10.1951 ramaniklal champsi kesaria 8 2.2.1953 devendra kummar sharma Every advocate admitted for entry of his name to the Roll under the provisions of subsection (4) of section 8 of the Act[6],  shall be responsible to pay; twenty thousand shillings for East African Citizens; and  one hundred US Dollars or its equivalent in Tanzanian shillings for non-East African Citizens. A person must have completed four months of internship conducted by the ministry of justice and constitutional affairs, (but the system has changed following establishment of the Law School. In Tanzania mainland, the requirements for admission as an advocate are provided for under section 8 of the Advocates Act[8]  as follows; Legal practice is not a union matter. According to Section 24(1) of the Advocate Act, 1961, a person is qualified to be admitted as an advocate on a state roll, if he fulfills the following 5 conditions mentioned in a,b, c ,e , f of section 24 (1) A) He is a citizen of India . Kindly guide. Successful candidates are awarded the Post-Graduate Diploma in Legal Practice. To become an advocate in the mainland Tanzania you must be 'admitted' to the Roll of Advocates, a statutory register kept by the Registrar of the High Court.The law governing the whole process of admission to the bar in Tanzania is the ADVOCATES Act Cap 341 R.E 2002 of the Laws of Tanzania (this Law does not apply in Tanzania Zanzibar where there is a separate legal system and independent Bar Association for Zanzibar). 5B. Instant desk research has observed that there are different categories of advocates based on practice of which their definitions and meaningful are uncertain to the public. There are so many laws governing advocates in their qualifying processes and their daily duties before the courts of law and to the public in general as hereunder:-, The Advocates Act, No. The qualifying process for one to be an Advocate in Tanzania mainland is provided for under the Advocates Act[3] and the Law School of Tanzania Act of 2007. Ceasing practicing in this jurisdiction is quite simple as it requires notification to the Law Society of New South Wales in writing and allows for refund in certain circumstances. All the circumstances categorizing Unqualified Advocates are of two nature, one is where the Advocates become unqualified to renew practicing certificates, for example; The Advocate may be suspended from practicing on the following reasons: A suspension of Advocate may cause an affected Advocate not to proceed practicing on the circumstance where he is removed from the Roll of Advocates. The categories that have been put in place include Practicing Advocates, Non-Practicing Advocates, Deceased Advocates, Struck off Advocates, Deferred Advocates, Suspended Advocates, Non-Profit Advocates and Unknown Advocates. A person who is not a practitioner enrolled in Tanzania Mainland upon special permission by the Chief Justice can be allowed to appear and prosecute or defend a specific case. The Categories however need to be mitigated to suit the current needs and eradicate other categories which seem to be of less significance. This was in response to allegations of misconduct following her written submissions in a constitutional challenge … The petition is directed to the chief justice who is the highest authority for granting permission to practice law in Tanzania mainland. CONCLUSION AND RECOMMENDATIONS. b) The Notaries Public and Commissioners for Oaths Act Cap 12 R.E 2002, this is An Act relating to Notaries Public and Commissioners for Oaths. • The Advocates (Admission and Practising Certificate) Regulations. These category of Advocates are those who become members of the Tanganyika Law Society from the date their practicing Certificate is issued subject to any provision of the law . 46—Penalty for failure to disclose fact of having been struck off, etc, 47—Offences by bodies corporate. The Office of the Registrar is of view that there is no point to have for instance Deferred Advocates since some of members in this category are not advocates by virtue of the governing law and have never qualified to be advocates. LAWS GOVERNING ADVOCATES IN ZANZIBAR.. 9, 11. Also, under sections 10, 11 and 13 of the Advocates Act, the Attorney General has several responsibilities which include taking the leading precedence in the Roll of Advocates and also ensuring that advocates conduct themselves according to the law and regulations. If he is employed or committed otherwise than as an advocate and he has not obtained approval from his employer or such other principal to practice as an advocate. The First Semester covers classroom instruction for up to twelve weeks while the Second Semester involves a period of clinical law (field placement) followed by final written and oral examinations. 1 OF 2020. PART I—GENERAL MATTERS. Establishment of an Advocates Committee. A Framework for Scaling Up PrEP can help implementers, government and advocates begin planning for and implementing PrEP programs. Registrar to keep the Roll of advocates. 8. 305; Without having paid a penalty or costs ordered by the Disciplinary Committee under this Act to be paid by him; or, After he has been invited by the Council to give an explanation in respect of any matter affecting his conduct and has failed to give to the Council an explanation in respect of that matter which the Council regard as sufficient and satisfactory, and has been notified in writing by the Council that he has so failed; or, After having had an order made against him for the issue of a writ of attachment; or, After having been adjudicated a bankrupt and obtained his discharge or after having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; or. Welcome to the Tanzania Lawyer Directory, the best place to find Lawyers and Advocates in Tanzania.If you are conducting business in Tanzania, a consultation with a Tanzanian Lawyer is highly recommended. A person who is not so qualified under the circumstances provided herein above is therefore referred to as an "unqualified person" under the Advocates Act.[27]. UU, Dar: Apart from reporting the matter to the Advocates Committee established under the Advocates Act, Judges and the High Court have powers to discipline advocates. Mr. Mandele, learned advocates, while the respondent is advocated for by Mr. Mbwambo, learned advocate. He holds an honours degree in law from Makerere University Kampala, Uganda (1998). 368 of 2009 as amended by GN. Relationship between advocates on one hand and courts on the other. The Attorney-General, Parliamentary Draftsman and State Attorneys, for the time being residing  in Tanzania, and any other   person duly qualified  to hold office in the Attorney-General's Department; Any person holding office in a local government authority; The Registrar-General, Administrator-General, Public Trustee, Official Receiver; Land Officer and any person holding office in the department of the Registrar-General, Administrator-General, Official Receiver or the Land Office; Any other legally qualified person, for the time being resident of Tanzania, as may from time to time be determined by special resolution. [1] The Advocates Act[2] requires the Registrar of the High Court of Tanzania to keep a Roll of Advocates. 15, 14. He has not paid the prescribed fees for the practicing certificate; He has not paid for the business license; He has not paid his annual subscription for the current year into the funds of the Law Society; and. These Rules are therefore, a collection of regulations controlling their conduct and ethics in performing their legal profession. Section 7 (1) of the TLS Act provides that every advocate who has in force a practising certificate shall without election, admission or appointment, become a member of the Society from the date on which the practising certificate is issued to him and be subject to any provision of the law for the time being affecting that member. In the above regard, every advocate to be able to practice as an advocate in Tanzania must pay fee payable for a practising certificate under the provisions of Part VI of the Act.[7]. No. In 2017 the Judiciary moved from physical based Advocate Management  to online Advocates Management System (TAMS) as way of embracing technology and keep in pace with the advancement of technology with the view to   manage Advocates effectively and efficiently   as well as availing the public sufficient information easily wherever they are without  going to Court to search such information. Before establishment of the Law School of Tanzania in 2007 The Law School of Tanzania (the School) was established by the Law School of Tanzania Act 2007 (the Act) that came into force on 2 May 2007. 21. 1. 5, 5. (S.8 (2)). These Rules may be cited as the Advocates (Remuneration and Taxation of Costs) Rules. PART VII—ADVOCATES’ FIDELITY FUND The learned advocates for the applicants filed the following grounds of complaint against the decision of the single judge, namely that – “1. (S.8 (2)). However, the fee payable for admission to practice as an advocate in Tanzania in the Advocates Act[25] is stipulated under subsection (2) of section 39 of the Act supra as hereunder-, (a)        five hundred thousand shillings for each case, in the case of a person so admitted to practice before the Court of Appeal or any court or tribunal from an appeal lies to the Court of Appeal; and. Ms Karume, popularly known as shangazi, Swahili for aunt, has been a vocal critic of President John Magufuli. He must complete six months mandatory articles of pupilage under a lawyer of five years standing experience. In the two statutes aforementioned, there are several categories of advocates detailed in there as ascribed hereunder:-. Currently the Roll of Advocates in Tanzania stands at 1188 as of 15 December 2009. the Advocates Act and Other Matters Related Thereto. Kanywanyi Mbakileki Mtaki & Nditi Advocates. No. The Tanganyika Law Society is the Bar association of Tanzania Mainland (TLS), founded in 1954 by an Act of Parliament - the Tanganyika Law Society Ordinance, Chapter 344 of the Laws. 39. The petitioner does so to seek admission and enrollment in the roll of advocates in Tanzania. 50,000/= (Fifty Thousand shillings) is payable by an advocate with less than five years practising experience; and Tsh. Attached to the petition must be a copy of LLB or other recognised certificate and two letters of recommendations, one from the petitioners' employer and the other from a practising advocate. Relationship between advocates on one side and clients on the other. The Judiciary Administration Act No. Certificate of pupilage is drafted by the law firm or office to which the petitioner did his/her pupilage. PART IX – REMUNERATION OF ADVOCATES 44. To become an advocate in the mainland Tanzania you must be 'admitted' to the Roll of Advocates, a statutory register kept by the Registrar of the High Court.The law governing the whole process of admission to the bar in Tanzania is the ADVOCATES Act Cap 341 R.E 2002 of the Laws of Tanzania (this Law does not apply in Tanzania Zanzibar where there is a separate legal system and independent Bar … he must, unless the Association or the Chief Justice otherwise orders, give to the Association, at least six weeks before the application is made, notice of his intention to make the application, and the Association may in its discretion grant or refuse the application, or decide to issue a certificate to the applicant, subject to such terms and conditions as the Association may in its discretion think fit and in the last-mentioned case may, if it thinks fit, postpone the issue                   of the certificate pending the hearing and determination of an appeal under this section. THE QUALIFICATION PROCESSES OF ADVOCATES IN TANZANIA MAINLAND.. 3, 3. The Tanganyika Law Society is currently governed by the Tanganyika Law Society Act, Cap 307 R.E. Attorney-General to fix times and places for meetings of Committee. Tanganyika Law Society Act describes two circumstances where an Advocate may be removed from the roll, that is;[31]. Advocates Act, is entitled to practise as an advocate of the High Court; (b) any person employed by the Tanzania Legal Corporation established by the Tanzania Legal Corporation (Establishment) Order, and who, under the provisions of section 3 of the Advocates … These two categories may be worthwhile to be placed in Inactive Category of advocates and not exposed to TAMS Dashboard. He is an Advocate of the High Court of Tanzania since June 2003. 2002, which repealed the earlier legislation. Two days after she was sacked by her law firm IMMMA Advocates in Dar es Salaam, Fatma Karume has been permanently removed from the roll of advocates. (ad hoc admission). THE ADVOCATES' REMUNERATION AND TAXATION OF COSTS RULES (Section 69) G.N. According to Section 39(1) of the Advocates Act supra, no person shall be qualified to practice as an advocate unless his name is in the Roll, holding a practicing certificate and with a valid business license. 28 and the Notaries Public Decree Cap. Courts in South Africa. • The Advocates' Remuneration and Taxation of Costs Rules. The petition must be in the prescribed form. Surely Tanzanian law should be able to protect clients interests and take advocates to task. The main dispute resolution methods used to settle large commercial dispute in Tanzania are litigation and arbitration. The Tanganyika Law Society Act, (herein after referred as TLS Act) and the Tanganyika Law Society (Annual Subscription Regulations) of  2017 describes four categories of membership. Citation. Holder of a degree in law, granted after examination by the University of East Africa or University of Dar es Salaam or by such other university or other institution as may be recognized by the CLE or a Postgraduate Diploma in Legal Practice from the Law School of Tanzania; Legal practitioner (by whatever name called) and thereby has a right of audience before any court having unlimited jurisdiction in civil and criminal matters in any Commonwealth country or in any other country designated by the Minister for the purposes of this section; Solicitor of the Supreme Court in England, Northern Ireland or the Republic of Ireland, a Writer to the Signet, a Solicitor in the Supreme Court of Scotland, or a person admitted or deemed to have been admitted as a solicitor under the Solicitors (Scotland) Act, 1933, of the United Kingdom, or if he is the holder of any similar qualification which is accepted by the CLE as a professional qualification for the purposes of this sub-paragraph; and, He has complied with such requirements (whether relating to instruction or examination or otherwise) as to the acquisition of professional experience as may be specified by the CLE; or. 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