Muslim University of Morogoro,

Llb Students; Suleiman S. Mrisho,

Email address; Suleimansuya01@gmail.com.
Phone No; 0624091124
LEGAL ETHICS AND PROFESSIONS IN TANZANIA

What is ethics?

Ethics is the science which deals with human action. In other word, the word
Ethics it is the rules of behavior of the particular action. With reference to the
words Ethics, every profession it consist the custom and value which regulates the
human Action. Dialectically, The word ethics it is the duty of an advocate, whom
society has accepted to work within respective manner.
Those etiquette and values regulates the members of certain profession on what it
is rights and what it is wrong. In legal profession the ethics of legal profession it
involves what the members of the legal profession can do and what they cannot do;
what the relationship between the members of legal profession, to the Public,
clients and even to the court.1 Therefore, those rules of legal profession are
gathered legislation and rule of conduct in order each member of the legal
profession to know what is right and what is wrong.

What is legal Ethics?

Legal ethics are the minimum standards of appropriate conduct within the legal
profession. It is the behavioral norms and morals which govern the conduct of
judges and lawyers2.

1
Twaib. F., (2008); The Legal Profession in Tanzania, The Law and Practice: Mkuki na Nyota Publishers;
Dar es Salaam.
2
https://definitions.uslegal.com/l/legal-ethics/as retrieved on 9/4/2022
Legal ethics as principles of conduct that members of the legal profession are
expected to observe in their practice. They are an outgrowth of the development of
the legal profession itself3.
Legal ethics as the code of conduct regulating and instructing behavior of persons
within the legal profession4. This definition covers not only the nature of the
interaction of the lawyer with the client, but is recognized to include the duty owed
to the wider population.

APPROACHES OF LEGAL ETHICS

According to Dr Fauz Twaibu Legal Ethics can be approached in two ways;

 LEGISLATIVE/ NARROW SENSE [FEAR PLAY]

Under this approach some scholar we suggest that ethical principles have to be
codified and legislated to give them enforceable status. Under this approach it is
law and various enactments that dictates and instill ethical behaviors among legal
practitioners. This approach implies that some cannot behave ethically without
being surrounded by various laws. American Professor Michael Krauss defines
legal ethics, in the narrow sense of view that legal ethics is “the system of enacted
regulations governing the conduct of lawyers.5”
Plato once said;

“Good people do not need laws to tell them to act responsibly, while bad people will find a way
around the laws”

3
ibid
4
Ibid
5
Twaib. F., (2008); The Legal Profession in Tanzania, The Law and Practice: Mkuki na Nyota Publishers;
Dar es Salaam.
  BROADER SENSE[FAIR PLAY]

Under this approach some scholar we believe that the fundamental of lawyers are
moral lights and not obligation. Under this approach the source of ethics are moral
and value which attached to human character. To them they believe that the best
approach to ethics is by moral conducts which attached to the Human character.
Under this approach some scholar refutes totally in the enactment of legislation to
enforce the moral lights rather than it is just moral lights of the member of certain
profession. The dominance of this approach is logical reasoning and religion of the
members to guide themselves on what are rights and what is wrong. The scholar
like Albert Einstein cemented this approach by saying;
“We should not rely too much on the letter of our laws. True ethics lie in the
hearts of men and women who constitute our profession. When ethics die there,
no law can save it. While it lies there, it needs no law to save it.” 6
This tells that legal ethics is pervasive and mostly guided by daily conducts in life.
Legal ethics does ends in courts rooms but apply even when we are in other private
life especially for judicial officers. Good Character and trust are some of the key
attributes which can make a good lawyer or judicial officer with ethical values.

More importantly, narrow sense of ethics[fear play] has prompted Tanzania to

come up with various enactments laws, codes and rules that govern legal
profession in Tanzania. These laws and codes make one class of approach that
governs legal profession in Tanzania. As there numbers of the list of laws,
regulation and rules that govern professional conduct in Tanzania both Zanzibar
and Mainland.

6
Twaib. F., (2008); The Legal Profession in Tanzania, The Law and Practice: Mkuki na Nyota Publishers;
Dar es Salaam.
 MODELS OF LEGAL ETHICS
There are three (3) models of legal ethics which includes as follow;
a) Autonomy mode; under this particular mode it is based on the personal and
human dignity. Under these modes it based on saving the interest of the
clients. It is obvious that under this mode the lawyer roles are to facilitate the
client’s interest in the legal system. This mode there is ‘’Party an
assumption’’ which acts as a lawyer to serve the interest of the client.
Under autonomy mode lawyer regarded as the friend of the client, in which
all the lawyers do is to serve the interest of the clients. Dominant rules under
this mode the lawyer roles are to serve personal dignity and to serve interest
of the society to the laws.
The advantages of this autonomy mode are as following;
 The lawyer strives to save the interest of client.
 It help the smooth adversarial system
 It save interest of the society; this known as ‘’invisible hands theory’’
in which the lawyer save interest of the client, whatever not well in
the society.
Of more importantly, these autonomy modes has critics/weakness behind
the room of the ethical values which includes;
 Friendship of the lawyer to his clients is purchased.
 It deteriorates morality; since people will still commit wrong
depend on the hand service of the lawyer to protect him.
 It promotes the self economic interest of the lawyer.
  It brings high value of total confidentiality. Since the lawyer save
the secret of the client even if he know that he do wrong to the
highest level, in order to serve the interest of the client.7
b) Sociological mode
Under these modes the state is everything and it is everywhere. The roles of
the lawyer are to facilitate the interest of the states and to preserve the public
security. The roles of lawyer under this mode is acquainted with methods
and skills by taking the client[offender] to profess before the eyes of law to
protect the state. Normal the lawyer prosecutes the offender on behalf of the
states to protect the public safety and the states in general.
The advantages of this modes, it help the states to preserve the public
security and safety.
The problem under the sociological mode includes;
 Access of lawyer are limited
 It elevates the interest of the clients
 It reduces the roles of lawyer. That is argument of lawyer is reduced.8
c) Deontological mode
Under this mode of ethic derived from the Greek word which means the
science of the study, under this it is completely opposed the utilitarianism
theory. To them they believe that, some acts are morally obligatory
regardless of the consequence for human Happiness. It is obvious that, the
deontological model doesn’t preserve community interest rather than to
preserve the moral duty without regard whether that obeys of the moral duty
will lead harm to the public. Some of the scholar argues that,9
7
Anthony D’Amato.’’ Three Models of Legal Ethics’’ Northwestern University School of Law, a-
damato@law.northwestern.edu.
8
Anthony D’Amato.’’ Three Models of Legal Ethics’’ Northwestern University School of Law, a-
damato@law.northwestern.edu
9
Ibid
 The Emmanuel Kant,
‘’The moral duty cannot be transgressed even if obeying it would lead
harm to other’’
The Emmanuel Kant is too rigid to his position of protecting the moral duty
to the party in adversarial system. The famous example used to prescribe this
notion is a person has no moral duty to tell a lie to the innocent third party
even if intended to save the life of others. The moral duty to that person is to
prevent innocent thirds party against harm.10
The strength of this mode in ethical values it includes;
 It assured the moral duty to be preserved.
 It ensures the obedience of the rule strictly.
Also, the criticism of the deontological model includes the following;
 It does not allow the confidentiality of the lawyer and client in
legal duty.
 The mode notion is too rigid it undermine natural justice.11

OBJECTIVES OF LEGAL ETHICS

 Responsible practice is the goal of learning and teaching Legal Ethics
The achievement of this goal requires cultivation of the ability to see ethical
dimensions of situations as they are likely to arise in practice. It requires the ability
to respond to those situations with lawyering practices that concretely respect the
complex values implicit in the moral dimensions of those situations.

 Ensure Credibility of the Profession and Trust

Ethics in any profession are crucial, and it is perhaps more pressing in the legal
profession where lawyers especially are viewed with suspicion as most corrupt and
10
http://scholarlycommons.law.northwestern.edu/facultyworkingpapers/73
11
Anthony D’Amato.’’ Three Models of Legal Ethics’’ Northwestern University School of Law,
a-damato@law.northwestern.edu.
rogue people on earth. Thus, an enforced code of conduct is vital in ensuring the
credibility of the practitioners and legal system as a whole.

 To protects integrity of legal profession. Through legal ethic the lawyer

acquainted with discipline to act within the boundary of legal ethic in
providing the service to the public, client and the court in general.
 To ensure coherence and smoothly of the lawyer in business
Transaction. Through the legal ethic through which the member of the
profession acquainted with it may give the skills and impart knowledge that
make easy legal transactional matters.
 It safeguards the interest of client and the public.
Ethics also serve to safeguard the interests of the client being represented
and ensure they receive service without discrimination or overcharging.
 To increase Judicial Independence, Impartiality and Integrity
Judicial ethics can generally be recognized as ensuring the independence,
impartiality and integrity of courts and judges, which have always been recognized
as the core values in a democratic society, as reasonably expected from the
judiciary.
CONCEPT OF LEGAL PROFESSION
The legal profession is a vocation that is based on expertise in the law and in its
applications. Those who pursue these vocations collectively form a body of
individuals who are qualified to practice law in particular jurisdictions. The learned
occupation of these individuals is to study, promote, uphold and enforce the
collection of rules imposed by the authority. They form a legal profession. The
main tasks of the lawyer is to draft legal documents, advise people about law and
represent them in courts, quasi-judicial bodies or tribunals. Therefore the legal
profession has salient features which differentiate with other discipline; which
includes as following;
 Law is parochial in nature; which means the law is parochial in nature
which compared to other profession. The expertise of the legal profession
ceased at the water edge level.
 Law is cultural specialization; here means the law is not directly
transferrable or similarly like scientific theory of the certain country or other
country which is the same. Every country has their own system of law which
has their own custom and value which differ with another law of the
country. Hence it’s difficult to transferrable.
 Legal profession is economic in nature; since the law is based on making
more interest on money making. Therefore the majority of those who pursue
this vacation they seek to engage in area where there is more money. Today
majority of lawyers believe that a profession is the only means of earning
their daily breads, and that is the fact. This is pointed to be among the
drivers for some lawyers in practice and lawyers in the making to prefer
specializing in disciplines or branches of law which seem to be of highly
lucrative.
 Law is stratified clientele; which means the legal profession is classified
his expertise in to group. Example there is Bench, private bar and public bar.
ASPECTS OF LEGAL PROFFESION
The legal profession is expected to strive in to three considerations for the
ideal of legal profession;
 It is independent; that means that the legal profession must be free
from personal whim in order to practice free and independently, in
accordance with the rule of law.
  It is availability; which means the service of legal profession should
be available to the people.
 It is learning; In legal profession who pursue this vacation must
strive to learn each and everything in order competent and qualified
one. The learning process of legal profession is through training and
Qualified from the law school.

WHETHER THE LAW IS PROFESSION OR TRADE

One of the potential sources of conflict which leads to the dilemma of legal
profession in contemporary world which seemed to be trade and not to render
service. This can be explained in terms of pecuniary interest. The players of this
factor are the lawyers themselves, clients and market condition. The prime
incentive for vast majority of lawyers nowadays is greed of gain and increasing
profit. Issues like contingent fees, selecting clients and undercutting have been like
legitimate source of income for lawyers and are attributed as potential sources of
the conflicting duties. Some of the persons are entering to this profession while
driven with either idea of gaining livelihood or acquiring wealth rather than
providing legal services to the public but the legal profession it remain as noble.
The notion of these statements above, the reason behind may be due to the fact that
today law is regarded as both a business as well as a profession contrary to the time
immemorial where law was considered as purely service to the public. Wherefore,
the following are the factors/ which lead legal profession to viewed as trade;

Law is economic in Nature; today majority of lawyers believe that a profession is

the only means of earning their daily breads, and that is the fact. This is pointed to
be among the drivers for some lawyers in practice and lawyers in the making to
prefer specializing in disciplines or branches of law which seem to be of highly
lucrative. Majority of lawyer in Tanzania are seemed to practice law with the view
of getting their daily needs of your life. This truth was as well asserted by Chenge
who argued that:-
 “The practice of law is therefore both a calling and a means of livelihood.
Regrettably, however, all too often the new generation of lawyers sees the
practice of law not as a calling but only as a means of livelihood that they
erroneously believe will be easy and lucrative12.

Competitive pressure among lawyers; Lawyer themselves has been said also to
be amongst the sources or reasons for this conflict of interest. Competition has
resulted to the commercialization of legal practice in Tanzania today; as a result,
commercialization has now turned the legal profession to a mere business.
However, Competitiveness and commercialization to a large extent in Tanzania are
brought due to the increase in number of lawyers over the past two decades.
Consequently, the increased competition implies that lawyers must work harder,
worry more about financial matters, and suffer loss of collegiality. Thus, for these
new lawyers, what is significant for them is to win cases by any means so that they
could not only survive the competition but also be exposed to the market; and this
attitude often conflicts with the duty to the court. Although there is a limitation of
advertising for lawyers in Tanzania which reduces competition to a great extent,
nonetheless, competition among practitioners are inevitable. the Chief Justice
Spigelman
‘’Suggested the solution to the tension between pursuit of commercial advantage and the ethic
of service to the client and public. According to him that tension can be mediated and drawn
away in a healthy profession by, recognition and adherence to professional ethics recognition
and adherence to the requirement of fiduciary fidelity.’’13

Recognition of the lawyers remuneration fees in The statute; since law is

economic in nature, the Tanganyika law society put strive to set and plan the
remuneration fees of lawyers who practice law in Tanzania, this fees will set up
accordance with the nature and gravity of the case. Therefore, the client will hire a
lawyer in accordance with ethical value of lawyers’ remuneration in Tanzania.

12
See the speech by honorable Andrew Chenge, the then Attorney General of the Government of
the United Republic of Tanzania delivered during the 9th admission ceremony of the new
Advocates held on the 15th day of December, 1993. The speech was as quoted by ‘Nsekela(n 19)
p.5’.
13
Quoted by Allsop J in his paper “Professionalism and Commercialism- Conflict or Harmony in
Modern Legal Practice?” Australian Academy of Law (2009)
These will show how the legal practice in Tanzania and its lawyer are like the
goods and its price. These provided by Abraham Lincoln by said.
‘’lawyers time and advise are our stock and trade’’

The nature of adversarial system is also argued as another potential source of

rendering the legal profession to look as the trade, there are number of fees to the
court which seemed to be necessary when instituting a case or defend a case. These
made to be the duty of the lawyer to the court as well as to the client in paying all
court fees and cost. This means that the legal system itself to which Tanzania
belongs acts as the source of ethical dilemma for the lawyers in practice. And to
lead the legal profession in Tanzania to seemed like trade. Due to the number of
the court fees in conducting a case.

A part, from the law is regarded as the trade among the lawyers who pursue this
vocation but also the legal profession is a noble profession which differentiates
with the trade in the society. By the following standing point of view;

A person practicing law has to practice in the spirit of honesty and not in the
spirit of mischief making or money getting. An advocate’s attitude towards and
dealings with his client has to be scrupulously honest and fair. Any compromise
with the law’s nobility as a profession is bound to affect the faith of the people in
the rule of law and, therefore, unprofessional conduct by an advocate has to be
viewed seriously. under the case of Rangadurai Vs. D. Gopalan and others
Krishna [1979], stated

“Law’s nobility as a profession lasts only so long as the members maintain their
commitment to integrity and service to the community.”

A person practicing law has an obligation to maintain probity and high

standard of professional ethics and morality. The practice of the law is a
profession, thereof there certain conduct in which lawyers must observed in daily
life in order to make him good moral and etiquette which differentiate with trade.
For example lawyer in Tanzania has duty to confidentiality; disclose information
related to client, prohibition of undercutting, touting, champerty and other. While
trade is seemed not prohibited by any conduct it depend party to it how will
conduct their trade, something will tend to say law is profession.
legal proffesion rendered to provide public service; it unlike trade the end of the
trade is to personal gain or profit. Those who pursue the vocation the main aim is
to provide service at any cost in the community interest. by ensuring the
administration of justice. For example in Tanzania both Public bar and Private bar
are strive to save the interest of the community and not a personal gain. A duty of
public service of which emolument is a byproduct, and in which one may attain the
highest eminence without making much money just lawyer look the interest of the
community.
Legal profession is privilege; the legal practice it is bestowed only upon
individuals who are competent intellectually, academically and morally. It is unlike
the trader, the basic idea is to render service and to secure justice for those who
seek its aid. If it has to remain a noble and honorable profession and attain its ideal,
those enrolled in is ranks should not only master its tenets and principles but
should also, by their lives, accord continuing fidelity to them. And because they
are the vanguards of the law and the legal systems, lawyers must at all times
conduct themselves in their professional and private dealings with honesty and
integrity in a manner beyond reproach. These seemed that not all people in
Tanzania are vested to pursue these vocation it is privilege vested to the person
who vested to those who pursue these vocation and to be the lawyer.

Generally speaking, Since the law is profession, The primary factors which
distinguish the legal profession from business or trade, the legal profession, it
include a relation as legal officer of the court to the administration of justice
involving thorough sincerity, integrity, and reliability, a relation to client and
lawyer in the highest degree fiduciary, a relation to colleagues at the bar
characterized by candor, fairness, and unwillingness to resort to current business
methods of advertising and encroachment on their practice, or dealing directly with
their clients. It is unlike the trade is seemed to be quite different with the legal
profession.

LEGAL PROFESION IN TANZANIA

Historically, the legal Profession in Tanzania is a result of colonialism as the part
of western modern. During colonial system each colonial master introduced their
own legal system in Tanzania.14 Therefore legal profession in Tanzania is traced
back in to three phases;
 Colonial periods (1884-1961)
 Independence Periods(1961)
 Current period(1992 up to present)

Colonial periods (1884-1961)

During the colonial system, Tanzania is passed through two phases, that is
Germany Period (1884-1918) and British Period (1919-1961) 15, to which each one
has introduced their own system of law and rules to regulate the colony.

 Germany Period (1884-1918)

During Germany periods, Tanganyika is administered by Germany East African
Company. In that period Germany has their own justices system which imposed in
Tanzania to be used in their court system which is inform of races and social
status. In That period Germany introduced two tier systems that is District Court
and Superior Court.
District court it constitutes only native to be brought here and the judge or
magistrate are Politics in that court and for the Superior Court this is based on
western court which hear and determine a case of Germany officers and not
African native. The advocates under western court is from Germany which is
known as (Notare).This two tier system are oppressive in nature and it is based on
races to African native. Also, this court uses their own language to run their matter
and not provides justices at all16.

 British Period (1919-1961)

Twaib, F, The Legal Profession in Tanzania, Law Africa Publishing (T) Ltd, Dar es Salaam,
14

2010
15
ibid
16
Twaib, F, The Legal Profession in Tanzania, Law Africa Publishing (T) Ltd, Dar es Salaam,
2010
Soon after the First World War the British colony took Tanganyika and Zanzibar
that is Germany former colony.
During the British colony through Sir Donald Cameroon introduced the English
legal system through Tanganyika order council (1920),to the same line the British
colonial master introduced the Parallel legal system or Dual system which
comprised the Non Native Court and Native Court under Article 6 of Tanganyika
order Council 192017. This dual system introduced includes the High court 1921
and Native court 1929.
The British High court it comprises the legal practitioner, it shall be a member of
bar from UK, United State America, Scotland, Ireland and India and legal officer
from the office of Attorney General council in Tanganyika. This court it deals with
non native only and native Africa was segregated which lead the British Colony to
establish the Native Court.
Native Court was introduced by Native Court Ordinance 1929 and it’s controlled
by the Native officer and not magistrate and the system of vakeel were introduced
to practice in Native court. The legal representations of advocates are not allowed
to appear in Native Court and when there is conflict between Native and white the
advocate is allowed to appear on behalf of white.
Therefore, Dual system is total racial segregation in Native and they did not even
allowed native to study legal profession and those advocate and vakeel who
introduce the movement of demanding the single system they deported to exile.
Until 1933, the movements of advocated to demand the single system of court lead
the Establishment the BUSH COMMISSION 1933 to investigate the system of
administration of justice in East Africa but the report recommended were rejected
by the British colony. The Arena of dual system were still existed and later on
governor of British introduced that No Advocate allowed entering in Native court
totally.

Independence Periods up to currents Periods (1961 up to now)

Before the establishment of local legal training in Tanzania, a prospective lawyer
has to undergo training abroad. The training was mostly in England and India. One
has to attend University and graduate with LLB Degree. In England the main
system of training was at the Inns of courts. Those who qualify as Barristers in
17
Article 6, of Tanganyika order Council 1920
England were required to stay in Tanganyika for six months before they could
petition for enrollment. The records shows that in Tanganyika there were 27 legal
practitioners in 1929, 40 in 1936, 34 in 1948, 34 in 1949 and 113 in 195818.
After the independence 1961, the legal profession in Tanzania were gain the new
phases where the faculty of law were established in Dares-salam (UDSM) 25th
October 196119 as a part of the University of East Africa following the
recommendations of the Denning committee which recommend that one faculty of
law would suffice for the whole of East Africa and The former president Julius
kambarage Nyerere which assert that, ‘’We needs a lawyer which is the sources of
development in Our country’’. The objective of the faculty of law in UDSM is to
prepare lawyer dealings with legal matter, to train peoples to take over the British
expertise, and to ensure the rights of native to be a lawyer. Until in 1970s after the
collapse of the former East African Community where member states decide to
establish their own faculties of law.
In 1963, the Magistrate court Act 1963 was introduced which abolished the
English Dual system/Parallel system and to introduce the three court system which
includes Native court, District court, and High court in Which the legal native
practitioner were interred in to that court.
Until 1967, the emergence of the Governmental integration policy after Arusha
Declaration leads the Governmental Nationalize all major means of Production in
to your hand. These made difficult and scarcity of practicing the law and Private
bar were decline, only lawyer of National prosecution service were practicing the
law on behalf of the government. At that, periods the law which hinders the

18
Ishengoma S.K, Report on The Legal Reform Processes for The Recognition of Paralegals In
Tanzania, Friedrich Ebert-Stiftung, Dar es Salaam, Tanzania 2011
19
Report on the Committee on Legal Education for Students from Africa 1961.
practicing of lawyer had known as Acquisition of Building Act 1967 and
leadership code act 196720.
Until 1992, the privatization policy integrated in Tanzania, which enhance the legal
profession in Tanzania to take second phase which allow the private bar to practice
the law in Tanzania, which propelled the development of the law in Tanzania.

CURRENT LEGAL PROFESSION IN TANZANIA.

The currents legal profession in Tanzania consist three categories;
a. Bench
This it consist the Chief justices, judges, magistrates, court clerk and legal
officer. The Bench is composed of at least 5 Court of Appeal judges, at least
15 High Court judges, and several Resident, District and Primary Court
magistrates.
b. Private Bar
This it consist the member from the Privates practitioner [Private advocates]
c. Public Bar
This it constitutes the Public office. Includes the Office of National
Prosecution Service [DPP] and those employed in the Attorney General’s
chambers, and the Corporation Counsel employed by the Tanzania Legal
Corporation who act on behalf of public corporations.
In order to become a member of legal profession in Tanzania one must go through
legal education. Legal education in Tanzania includes as following;
 Ordinary education. Secondary School Education Certificate and advance
level certificate.
 Undergraduate program (First degrees in law) covering 100 units.21
Rwelamira M, Tanzania Legal Internship Programme, A New Horizon in Legal Education
20

1974
21
Section 3, of the law school Act.
  Bar courses or post graduate program for vocational and legal training at law
school usually for 9 months leading to post graduate diploma in law22.
 Post graduate studies this lead to higher academic degrees such as masters
and doctorates, for more advanced academic study.
 Lastly continuing education and training for lawyers, judges and magistrates
to adopt new changes in legal profession normally offered through
seminars.23

THE QUALIFYING PROCESS AND ADMISSION TO THE BAR IN

TANZANIA
The authorities responsible for admission of an advocate are two;-

 The Chief justice; are the highest judge of the United Republic of Tanzania.
He is appointed by the President and presides the Court of Appeal of Tanzania.
As provided under The Advocates Act Cap 341 under Section 8(1).
‘’A person may apply to the Chief Justice to be admitted as an advocate’’
 The Council of Legal Education; The Council is introduced to determine the
petitioner’s knowledge of language of the Court, procedures, practices and the
laws applicable in Tanzania. A panel of the Council for Legal Education
composed of the Chief Justice or his representative, the Attorney-General or his
representative, the Dean of the Faculty of Law of the University of Dar es Salaam or his
representative, and two practicing advocates elected by the Law Society. As provided
under The Advocates Act Cap 341 Section 5 A. (1)
‘’There is hereby established a Council of Legal Education which shall consist of The
Chief Justice or his representative; the Attorney-General or his representative; the
Dean of the Faculty of Law of the University of Dar es Salaam or his representative;

22
Fauz T, op cit No. 3 at p.163
23
http://www.nyulawglobal.org/globalex/tanzania.htm accessed on April,9. 2014
 two practising advocates elected by the Law Society’’

THE PROCEDURE FOR ADMISSION

In Tanzania the procedures for admission to the bar is divided into two phases
which are before 2007 and after 2007.

 Position Before 2007; there were various procedures for admission to the bar
which are hereby described;-

1. Degree of Bachelor Of Laws

The person had to possess degree of bachelor of laws offered by institution

recognized by the council for legal education as well as any other relevant
credentials and equivalent but recognized by the council.As provided under The
Advocates Act Cap 341 Section 8.(1) (a)(i)

‘’if he is the holder of a degree in law granted after examination by the University
of East Africa or the University of Dar es Salaam by such other university or other
institution as may be recognized by the Council for the purposes of this section’’

2. Internship Program

The law graduate had to undergo the internship program which was organized by
the attorney general chamber but assigned to various departments of the
government. This aimed at offering field training for the law graduates. Moreover,
after accomplishment of such training, the chamber had to award certificate of
internship which was useful for petition to the chief justice.

3. Pupilage Training

There was pupilage. The law graduate who had undergone internship programme
had also the duty of attending and participating for the pupilage training but on the
side of private legal firms. It was for field training but on non government
departments. After completion of pupillage, the firms had to award the certificate
of pupillage and character.
4. Petition to the Chief Justice

There was petition to the chief justice. The law graduate with certificates of
internship and pupilage then after had to petition to the chief justice for more
qualifying process whereby he or she had to annex those certificates for
determining suitability and character before bar examination for admission
purpose.

5. Bar Examination

The petitioner after knowing the schedule for bar exam and is one of them had to
appear before council for legal education to be tested his understanding on legal
system and court system of Tanzania and laws in legal field. The council for legal
education was responsible for assessment of the competence of the expectant legal
practitioner.

6. Appearance before Chief Justice

The law graduate who has passed the bar exam had later on to appear before chief
justice. The chief justice determined mainly the suitability of the graduate who
passed bar exam and his character so as to be admitted and enrolled as advocates in
Tanzania mainland.

7. Admission Ceremony

There was admission ceremony. Finally the law graduate who has passed the bar
exam and appeared before the chief justice could be able to be admitted and
enrolled in the roll of advocates in Tanzania mainland. Such admission was
accompanied by the ceremony.

 Position After 2007; procedures for admission to the bar in Tanzania Mainland
changed a lot if they can be compared to the procedures before 2007. As there
was introduction of Independent institution known as law school of Tanzania
which is responsible for offering practical training for law graduates.

1. Bachelor of Laws Degree

The person who wants to practice law in Tanzania mainland need to be law
graduate with bachelor of laws degree or equivalent qualifications recognized by
the council for legal education in Tanzania. As provided under The Law School of
Tanzania Act, 2007 (ACT No. 18), Section 11(1)

‘’ A person is eligible to undertake a program of practical training conducted by

the Law School for the purpose of this Act if that person has obtained a bachelor
degree in law or Other qualification from accredited institution which the council
considers to be equivalent to a bachelor degree in law.’’

2. Post Graduate Diploma in Legal Practice.

Such law graduate is demanded to hold Post-Graduate Diploma In Legal Practice.

The diploma in legal practice is only offered by the law school of Tanzania. Hence
law graduate has to undertake law school studies for qualifying to be awarded the
same. As provided under The Law School Of Tanzania Act, 2007 (ACT No. 1).
Section 12(1)(2),

‘’The practical training for the purposes of this Act shall a completion of a
program of study at the School for a period not less than one year’’

‘’ A student completes the programme referred to under subsection (1) shall be

awarded aPost Graduate Diploma in Legal Practice’’

3. Petition to the Chief Justice.

Law school graduate ought to Petition to the Chief Justice. The petition is directed
to the chief justice who is the highest authority for granting permission to practice
law in Tanzania mainland. The petitioner does so to seek admission and enrollment
in the roll of advocates in Tanzania. The petition must be in the prescribed form.
Attached to the petition must be a copy of LLB or other recognized certificate and
two letters of recommendations, one from the petitioners' employer and the other
from a practicing advocate. A file in the petitioners' name is then opened in the
office of the Registrar of the High Court. The candidate will then have to wait until
time comes for his turn to appear before the interview of the Council of legal
education. As provided under the Advocates Act Cap 341, Section 8 (2)
‘’Every application made under this section shall be by petition to the Chief Justice
in such form and manner and on payment of such fee as may be prescribed’’

4. The Clearance by Chief Justice

The petitioner whose petition has been accepted has to make Clearance by the
Chief Justice. The clearance by chief justice focuses on the suitability and
character assessment before enrollment of the petitioner. Also, ethical issues are
considered during such clearance. As provided under The Law School Of
Tanzania Act, 2007 (ACT No. 18), Section 12(3)

‘’The Post Graduate Diploma in Legal Practice issued by the School shall, upon
the Clearance of the Chief Justice, qualify and entitle the holder to practice as an
advocate of the High Court and Courts subordinate thereto or employment in
public services’’

5. Admission and Enrollment Ceremony.

The last procedure is Admission and Enrollment Ceremony. The cleared petitioner
finally is going to be admitted and enrolled in the roll of advocates. This stage is
accompanied by the ceremony and payment of fees as member of Tanganyika Law
Society. A Candidate must be physically present during the ceremony, in order to
personally inscribe his signature on the Roll of Advocates and his presence ensures
that he is directly participated in the initiation process by which a new member of
the profession is welcomed. At the Ceremony the candidates are called out one
after another, each one is admitted individually upon the Chief Justice signing the
Certificate of admission, then the Registrar signs the practicing certificate and
issues it to the Candidate. As provided Under The Advocates Act Cap 341,
Sections 34.

‘’ It shall be the duty of the Registrar to issue in accordance with the provisions of
this Part certificates authorizing the advocates named therein to practice as
advocates.

The name of the Candidate is duly entered upon the Roll of advocates and the new
advocate appends his signature against it. The practicing certificate by the
Registrar of the High Court is renewable every year. As provided under the
Advocates Act Cap 341, Section 38(1),
‘’Every practicing certificate shall, subject as hereinafter provided, take effect on
the day on which it is issued by the Registrar’’

THE LEGAL PRACTITIONER

Who Is An Advocate?

The Law defines an advocate as any person whose name is duly entered upon the
Roll. As provided under the Advocates Act Cap 341, Section 2 "advocate" means
any person whose name is duly entered as an advocate upon the Roll’’

Who is lawyer?

According to the law school act, Lawyer is the one who must go to the certain
recognized university and obtain degree of LLB covering 100 units and above.

Duties of Advocates
Generally, the duties of advocates are classified into six-folds, which includes the
Advocate duty to the court, Advocate duty to the client, Advocate duty to his
opponent Advocate duty to his profession, Advocate duty to the general public and
Advocate duty to himself.
 The Fiduciary Duty of the Lawyer to Clients

Since, lawyer act as agent of client, there are many the fiduciary duties between
lawyer and client. they include, firstly, duty of loyalty, secondly, duty of
confidentiality, thirdly, duty to disclose to the client information within the
lawyer’s knowledge and fourthly, the duty not to put lawyer’s own or anyone
else’s interests before those of the client. These cemented under Rule 55, 66, 36,
37, and 109 of the Advocates and Professional conduct etiquette. In this respect,
the lawyer has to keep client’s confidential information. These fiduciary duties are
expressing as following here;
Duty to Confidentiality to his client; this is a primary duty and it is one of the
most delicate obligations a lawyer has to observe. Advocate is required to keep the
affairs of his client private. This applies to all clients to be continuous or casual
ones. The advocate is supposed to observe this duty during service and after
service. However, there is a circumstance where an advocate is compelled by law
to produce information about his client. Under the case of R v. Derby Magistrates
[1995].
‘’The right of a client to maintain confidential communications with the lawyer is
considered as a fundamental as it benefits the community as a whole by
encouraging the clients to be open and frank when seeking legal assistance. If he
desires to reveal any client’s confidential information he must seek an express
consent from him.
Duty to be Loyalty to his client; An Advocate is supposed to be loyal to his
client. He is required to respect and prioritize all the concerns and affairs of the
client. An advocate should protect the interest of his clients and not by any manner
hurt his client by his act or omission. Khassim Manywele v. R [1989],
Mwalusanya j,

‘it is a mistake to suppose that he (a lawyer) is the mouthpiece of his client to say
what he wants and to be loyal to his client by all means’’

Duty to disclose to the client information within their knowledge; under Rule
109 an advocate is required to deal with their clients in an open and undisguised
manner. There are supposed to provide guidance to their clients and inform them
of the real progress of their case. He should not use his position and ignorance of
his client to attract unfair advantages. Failure to observe the role to client will be
punished.This provided under the case of Charles Mwailunga V. Advocate
Commettee [1982],
 ‘’In trying to perform his duty to the client, it is obvious that in some of the
circumstances the lawyer will act disadvantageously to the client. Though this is
considered as a paramount duty, but it is argued that in practice the duty is rarely
enforced; this means that the duty to disclose information to the client is
emphasized even by the judiciary or court itself (even in Tanzania) and most
strictly penalized’’

Duty to present client in Competence and Skills; Lawyers since is Agent of

client, he under a tortuous duty to act with appropriate professional care and make
sure that they exercise their skills in every decision they opt to take concerning the
factual situation. Such advice should comprise of competent legal opinion based on
an informed knowledge of facts and the law. He must be able to state the merit of
the case and the probable outcomes. As far as competence and skills are concerned,
the client should be able to depend on advocates' advice and conducts. Under the
case of Rondel v. Worsely. Rule 37(3) (a) provides among others that the lawyer
has a duty fearlessly to defend his client’s interests with diligent skills and
knowledge
 Advocate Duty to Court
Advocate duty to the court is one of the very important roles of the advocate in the
administration of justice and the legal system at large. To court, an advocate is
supposed to discharge the following duties;
 To assist the court to reach a proper decision. Here an advocate is
required to conduct a huge research concern the case at hand and also to
avail to court, every documents and evidence to enable the court to reach its
decision.
 Not to mislead the court by intentionally giving false information.
  Respect. Here advocate is supposed to appear before a court with proper
attire, respect all court personnel and court sessions, be on time, speak a
proper language, and conduct himself in high esteem.

 Advocate Duty to His Opponent/Fellow

When dealing with the opponent or his/her colleague an advocate is required to
observe the following duties:
 Fairness; the advocate is restricted to involve himself in unfair practice
against his opponent. He is required, when necessary to supply any useful
document or information to his opponent at the right time. He should avoid
all unnecessary delays.
 Respect; Advocate is supposed to respect his opponent in their dealings.
 Cooperation; the advocate is supposed to cooperate with his opponent to
ensure proper administration of justice.
 Advocate Duty to His Profession
 To protect the image of the profession by conducting himself in a
professional way.
 An advocate is supposed to follow all rules and ethics regarding his
profession.
 To attend a seminar and workshop aimed at improving the profession.
 To give relevant advice and constructive ideas towards improving his
profession.
 Advocate Duty to General Public
 To provide legal aid to those who cannot afford to pay for legal service.
 To defend human rights, rule of law, and democracy by being in the front-
line to criticize all acts against human rights and democracy.
  To participate in reforms and programs that would help society to attain a
higher social and economic development.
 To encourage the general public to obey the law.
 To promote important legal affairs to the general public.

COMMON ETHICAL VALUE IN LEGAL PROFESSION IN TANZANIA

Over a years, each bar of association has adopt their own rules and conduct which
took in to account the procedure and law. Judicial officer and lawyer should
respect these rules without understanding details based on the same values set up
below;
a. It must preserve the Independence of the lawyer, the Bar and the Judiciary
In order to fulfil fully the lawyer’s role as the counsel and representative of the client, the lawyer
must be independent and preserve his lawyer’s professional and intellectual independence with
regard to the courts, public authorities, economic powers, professional colleagues and the client,
as well as regarding the lawyer’s own interests. The appointed judges have to be independent
when conducting judicial proceedings. The appointed judges have to apply the law as they
understand it without fear or favor and without regard to whether the decision is popular or not.
This is the cornerstone of the rule of law. Judges individually and collectively should protect,
encourage and defend judicial independence.
b. Confidentiality and Non-Disclosure of Information;
Legal professional privilege is traditionally understood to be the lawyer’s duty not to disclose
confidential information that is learned in the practice of the profession. This obligation has a
moral and contractual foundation (not betraying the trust owed to a person who has confided in a
lawyer, and the lawyer’s commitment, even if tacit, to the client). This ethical value is provided
by Rules 29, 30, 31, 32, 33 and 34 of the Advocates Regulations of 2018. The regulations
compel and advocate not disclose the information of his clients including the previous client’s
information.

c. Prohibition of conflicts of interest and Duty to Impartiality

In order to uphold legal professional privilege and the principles of independence and loyalty,
the lawyer must avoid conflicts of interest. He or she therefore cannot represent two or more
clients in the same case if there is a conflict or risk of a conflict between them. Likewise, the
lawyer must avoid acting for a client if that client has confidential information obtained from
another former or current client of the lawyer. Similarly, the lawyer may not use information in
one case that was obtained confidentially in another case or a previous case. An advocate is also
prohibited to engage in any case where his close people from firm, family of office are involved.
Rules 35, 36, 45 and 46 of the Advocates Regulation of 2018, clearly stipulates clearly conflict
of interest that may arise between a client and his advocate.
d. It must preserve Competence and Quality Service;
The lawyer can only practice his or her profession properly with appropriate professional
training, which the lawyer must obtain, maintain and pursue throughout his or her career. The
Lawyer may agree to provide services only in fields with which the lawyer is competent, or in
any other legal or other fields with the assistance of professional colleagues or experts, after so
informing the client. An advocate must have the capacity to deal adequately with any matter
he or she undertakes on behalf other client as provide under Rules 8, 9, 12, and 13 of the
Advocate Act Regulations of 2018. This is to say an advocate has to take a matter that he
honestly believes to have competence to handle without undue delay. The same applies to judges
in courts, they have to perform their duties in court with competence and diligently as provided
by Bangalore Principles and Judicial Code of Conduct. Judges should have good knowledge of
the law to administer justice promptly.
e. Dignity, probity, loyalty and diligence;
The lawyer must prove worthy of the trust placed in him or her by upholding the principles of
dignity, probity, loyalty and diligence. The lawyer must not do anything that damages the
lawyer’s reputation, or that of the profession as a whole or the public’s trust in the profession.
The lawyer must not under any circumstances facilitate the commission by a client or a third
party of an illegal act punishable as a criminal offence, or an act that constitutes tax fraud.

f. Respect towards professional colleagues

In the interest of the proper administration of justice, the lawyer must comply with the rules of
the profession by maintaining a spirit of trust, fairness and cooperation with the lawyer’s
professional colleagues, bearing in mind that the lawyer must always defend the interests of the
client to the best of the lawyer’s ability.
g. Contribution to the proper administration of justice and respect for the rule of law;
Rule 2(1) of the Advocates (Professional Conduct and Etiquette) Regulations of 2018, GN
NO.118 sets out principles to be followed by lawyers in order to maintain proper administration
of justice. While acting respectfully and in good faith towards the courts, the lawyer must defend
his or her client with complete freedom in compliance with applicable procedural rules and
customary practices before the relevant court. Both a Judge and a lawyer have duties to ensure
justice is seen to be done by ensuring proper administration of justice and respect for rule of law.
h. Right to fair Remuneration:
The lawyer is entitled to legal fees and to the reimbursement of the expenses incurred in
providing the exercise of the profession. These fees and expenses are determined by agreement
with the client, in accordance with the law and the ethical rules by which the lawyer is bound.
Rule 72 of the Advocates Regulations GN NO 118. provides how an advocate can charge fees
and how to appropriately client’s money. Undercutting or overcharging is strictly prohibited.
At the outset of the representation, the lawyer should inform the client if the client is eligible for
legal aid.
i. Propriety
Propriety is essential for good performance of the judge. A judge shall avoid impropriety and any
appearance of impropriety in any court activity. A judge shall not use the prestige of judicial
office for any personal gain or family advantage. A judge must accept restrictions in some
personal life freedoms and conducts.

COMMON BREACHES OF ETHICS IN THE LEGAL PROFESSION

It is very obvious that issues of ethics are contextual and depending on every circumstances and
available codes. However, there are some common malpractices that apply across the board of
law and ethics. Those common breaches are as followings here;

1. Neglect and lack of communication: Lawyers must keep their clients informed on matters
about their cases and should not ignore or intentionally delay in responding to any queries
and concerns raised by the clients. on the essence that the lawyer must informed their clients
what will going on, and not to ignore any information related to his clients.
2. Malpractice/ dishonest by advocates: This may include forging of documents or fabrication
of evidence. It is where the advocates try to forge/ deceit the court by misleading it by
forging of the documents. There are case of MAGU DISTRICT COUNCIL & ANOTHER V.
MHANDE MKWABI(1997),The advocates he lodges an appeal out of time and accompanied
with the decree which prepared by himself. Mrema J. provides that,
‘’it’s improper to learned council to forge decree and confidently to bring to the court to
mislead the court. It is against the professional ethics and conducts and its nothings but
improper malpractices.’’

3. Conflict of interest: A lawyer should not have divided loyalties when representing the client
nor have vested interest in the opposition. A lawyer is at times faced with the question of
whether to represent two or more clients whose interest’s conflicts. It is prohibited practices
to have interest to the case to the two or more position in one case.
4. Principles against touting; Lawyers should not use false or misleading information to
attract more clients. Or not to use intermediaries to attract the clients to any means by telling
the lies and promise to reduce fees and promising victory. It is also, it is worth noting that
Judges are held to the same code of conduct used on lawyers. This provided under Section 5
of advocates Conducts and etiquette.
5. Principles against coaching the witness; this is the way in which the advocates coach the
witness to tell the lies to the court and to fabricates evidence before the court. This is the
most malpractices practices by the privates’ bar to serve the interest of the clients.
6. Principles against champerty; these is the arrangements made by advocates and clients to
take a case without beings paid and they agree to be paying after the ends of the case. In that
 practices it is prohibited since it creates interest to the advocates to clients. Since the clients
does not know the outcomes at the ends of the case. Some of the scholar argues, that
principles has conservative reasons since it allow indigents to the clients to lose his rights to
be represented because has no instruction fee to pay earlier.
7. Principles against undercutting; These is the principles that prohibits the lawyer or
advocates to undercharging fees below or over the scale of remuneration of advocates set out.
Therefore, there are limitation provided by the regulation to regulate remuneration of fees to
the advocates. This principles at somehow, denied the personal rights especial ordinary
person to fail to hire lawyer because of what we call the remuneration scale of the lawyer.
8. Principles of exclusion; this principles provides the limitation and prohibitions to the
advocates to form a partnership to the legal business including law firm with a person who
are not familiar to the legal profession (lawyer).
9. Principles against the precedence officer; these is the principles that regulates the respects
of the lawyer to the fellow lawyer in term of rank of enrollment. Here we have old
practitioner (senior) and junior (new lawyer). The junior lawyer should respect the senior at
any cost.

CONSEQUENCES OF THE BREACH OF COMMON ETHICAL VALUES

Once the advocates breach his conducts they send to the Advocates Committee Board which
established under Section 4 of the Advocates Acts Cap 341 of (2019) for further procedures
for disciplinary hearing. The Committee it compose the Judge of high court, Attorney
general, practicing advocates from Council of legal education and the Tanzania law society
(TLS).
POWERS AND FUNCTIONS OF THE COMMITTEE
In this position, the committee acts as a watch dog of legal professional and its functions
has been provided under section 13 of the Advocates Act, and they are hereinafter
explained: -
1. It determines An Application of any advocate who procure the removal of the name
from the Roll of Advocates. Any Advocate may make an application to the committee to
procure his name to be removed from the roll of advocates, when this is done; the committee
has the power of hearing and handling that particular application made before it. Although
 this is one among of the functions of the Committee, but it is very rare to meet with matters
pertaining to an advocate to procure his name to be removed from the roll.
2. It determines Any application by any person to remove the name of any advocate from
the Roll; The Committee is empowered to determine any application against advocate
seeking his name to be removed from the roll, the application can be made by any person
who is of the view that he has reasonable cause to believe such an advocate is required to be
stopped from practicing as an advocate in Tanzania. This happened in a recent case of
Honorable Attorney General v. Fatuma Amani Karume Application No. 29 of 2019
where by Attorney General Professor Adelardus Lubango Kilangi made an application to the
committee praying to the committee the remove of the name of learned advocate, Ms. Fatma
Amani Abeid Karume with Roll No. 848 from the roll and his prayer was successful in the
ruling given on 23rd September, 2020.

3. To hear allegation of misconduct made against any advocate by any person. In

discharging of their duty ought advocates to obey the Advocates (Professional Conduct
and Etiquette) Regulations, Advocates Act and any other laws of the state. Failure to
obey the said rules and regulations amount to professional misconduct. Hence, any person
who is of the view that an advocate committed professional misconduct can make an
application to the committee so that to determine the matter so as to sanction such advocate
when it will be proved that that advocate committed the alleged matter. In the case of
Charles Mwailunga v. Advocates Committee [1982] T.L.R 208 failure of Advocate to
keep a client account and money paid into such account to mean, trust money was regarded
as professional misconduct. Any allegations against an advocate have to be proved beyond
reasonable doubt. After conducting the proceedings on the application made, the committee
if satisfied to the truth of allegations of misconduct made against an advocate has got powers
that includes; direct that the name of the advocate be removed from the law, admonish the
advocate or suspending the advocate from practicing for such period as the committee may
direct Where, in the opinion of the Committee, an application under the Act does not disclose
a prima facie case, the Committee have the power to refuse such application or may dismiss
the allegation without requiring the advocate to whom the application or allegation relates to
 show cause why his name should not be removed from the Roll or to answer the allegation,
as the case may be24.

PROCEDURES OF FILING COMPLAINANTS TO THE ADVOCATE COMMETEE

The Procedure of filing the complainants under advocate committee is provided under The
Advocates (Disciplinary and other proceedings) Rules 2018 as following;

1. Filing an application or complainants against advocates together with form number 1

set out in the first schedule of these rules and supported with affidavit and addressed it to
the secretary of the Committee, the application it can be either in Swahili or English. This
provided under Rule 4 of the Advocates (Disciplinary and other proceedings) Rules
2018. The copy of application must serve to the complained advocate.
2. Reply to the application or complainants by advocates; Once the complained
advocates received the copy of complainant within 21 days after being served with the
complainant may make replying of complainant to the committee either by Counter claim
or by denial all allegation put before him. This provided under Rule 6 of Advocates
(Disciplinary and other proceedings) Rules 2018.
3. Date of hearing; After the Committee scrutinize the application thereof, if the committee
seemed that there is no primafacie case The application will refuse or dismissed or if
there is Primafacie case the committee will fix the date of hearing of the complainant and
advocates will served with the summons to appear before the advocate committee. This
provided under Rule 8 of Advocates (Disciplinary and other proceedings) Rules 2018
4. Appearance to the Advocates committee; After serve a summons the party may appear
to the committee himself or by authorizing agents or represented by authorized attorney.
The effects of non-appearance the committee may dismiss the case to adjourn other date
for hearing. If the applicant is died may proceed to hearing. If the claiming advocates
does not appear we may proceed expert proceeding without being there.
5. Preliminary hearing; After appearing to the committee, the committee may hold a
preliminary hearing at any time before the commencement of a trial to ascertain and
record matters and documents in disputes and not disputed and the parties may sign the

24
Section 13-(2) of The Advocates Act Cap 341[R.E:2019]
 memorandum of undisputed facts. This provided under Rule 11 of the Advocates
(Disciplinary and other proceedings) Rules 2018
6. Hearings; The hearing at advocates committee shall be by the way of oral or written
evidence. The complainant has the rights to begin to adduces the evidence before the
committee and the committee shall put in to record as well as advocates has rights to
defense to the application made to him. The language use in hearing stage it can be either
English or Swahili. The hearing stage it can be examination in chief, Cross examination
and reexamination. This provided under Rules 12 and 13 of the Advocates (Disciplinary
and other proceedings) Rules 2018.
7. Decision of the committee; after hearing stage and the party are closing to filing the
final submission, the committee may shift to determination and they deliver the ruling
and judgment within the 90 days. And the committee when found the advocate guilty of
misconduct may put either Warning, order of removal from advocates rolls, and
suspensions of certain periods of times. This provided under Rule 16 of the Advocates
(Disciplinary and other proceedings) Rules 2018.
8. Appeal for the decision made by committee; when the decision is made by advocates
committee, the person who aggrieved and desire to appeal against decision may made the
Notice to appeal to the secretary of committee within 14 days from the date of decision.
And the appeal are made to the High Court of Tanzania, by filing the Petition of Appeal,
accompanied with certified copy of judgment, ruling or order and affidavit. This provided
under the Rule 17 of the Advocates (Disciplinary and other proceedings) Rules 2018.

REMEDIES AGAINST THE PROFESSIONAL MISCONDUCT OF ADVOCATES

Upon the advocate Committee put determination on the allegation before him, the committee
may choose the following Sanction as provided under Rule 16 of the Advocates (Disciplinary
and other proceedings) Rules 2018;

1. Warning; The certain advocate may give warning to what he did to impart the discipline
2. Direct order of Removing the Name in to the Rolls of advocates; This happened in a
recent case of Honorable Attorney General v. Fatuma Amani Karume Application
No. 29 of 2019 where by Attorney General Professor Adelardus Lubango Kilangi made
an application to the committee praying to the committee the remove of the name of
 learned advocate, Ms. Fatma Amani Abeid Karume with Roll No. 848 from the roll and
his prayer was successful in the ruling given on 23rd September, 2020.
3. Suspension for certain periods of times
4. To pay Fine and cost.

Suleiman Suya Mrisho

Mobile No; 0624091124
Email Address; Suleiman01@gmail.com.