A THE QUALIFYING PROCESS AND ADMISSION TO BE AN ADVOCATE IN

TANZANIA

Introduction

Advocates enjoy excusive monopoly over their profession unlike any other
profession or industry. They bar all other persons from offering legal representation.
Section 39 of the Advocates Act Cap 341 R.E 2019 provides that “no person shall be
qualified to act as an advocate unless – his name is in the roll, he has in force a
practicing certificate and has a valid business licence. Also, section 41 of the
Advocates Act provides that unqualified person not to act as an advocate.

Who is an advocate?

Section 2 of the Advocates Act defines an advocate as any person whose name is
duly entered upon the roll. A roll of advocates means the list of advocates kept in
accordance with the provision of part IV of the Act. For a person to be an advocate in
Tanzania he must possess the both academic and professional qualification.

The Process of Admission

Admission to the bar implies the process which involves granting permission to the
person who is qualified to practice law in a particular jurisdiction. In Tanzania the
procedure for admission to be an advocate are governed by the Advocates Act Cap
341.

For learning purposes, the qualifying process for one to be an advocate in Tanzania
is divided into to two phases before 2007 and after 2007. The changes were brought
with the enactment of the Law School Act No. 18 of 2007 which apply to every
person who is a law graduate with a bachelor degree in law and wants to practice
either as a public servant or as an advocate of the High Court of Tanzania (section 2
of the Act). The Act does not apply to those who graduate before 2007.

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Qualifying procedure before 2007

 First, the person had to possess the qualifications set in section 8 of the
Advocates Act i.e. degree in law from University recognized by the council of
legal education or if he is a legal practitioner in any commonwealth country
 Second, internship. The law graduate had to undergo the internship
programme which was organized by the Attorney General chamber but

assigned to various departments of the government. Internship provided law

graduates with field training. At the end of the internship students were
awarded certificate of internship by the AG Chamber which was useful for
petition to the chief justice.
 Third, there was pupilage. The law graduate who had undergone internship
programme had also the duty of attending and participating for the pupilage
training in private law firms. After completion of pupilage, the firms had to
award the certificate of pupilage and character.
 Fourth, 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 admission. The petition was accompanied by academic certificates
and certificates of pupilage and internship.
 Fifth, bar examination. This was oral legal exam which was conducted by the
Council of Legal Education it tested the candidates understanding on legal
system and court system of Tanzania and laws.
 Sixth, appearance before chief justice. The candidate who has passed the bar
exam had later on to appear before chief justice. The chief justice determined
the suitability and character of the candidate to be an advocate in Tanzania.
 Finally, there was admission ceremony under section 8 (3) of the Act. Finally,
the candidate who has passed the bar exam and appeared before the chief
justice could be able to admitted and enrolled in the roll of advocates in
Tanzania mainland. Such admission was accompanied by the ceremony.

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Qualifying procedure after 2007

 Possess a degree in law from a University recognized by the Council of Legal

Education under section 8 of the Act or other equivalent qualifications
mentioned therein.
 A postgraduate Diploma in Legal Practice from the Law School of Tanzania
issued under section 12 of the LST Act. section 2 of the LST Act makes it
mandatory for all law graduates who wants to practice law in Tanzania to join
LST.
 Petition to the Chief Justice under section 8 (2) of the Act. The petition must
be annexed with the academic certificates, post graduate diploma in legal
practice certificate and certificate of character.
 Interview by the chief justice. The interview determines the suitability of
candidate and possession of legal language.
 Admission ceremony under section 8 (2) of the Advocates Act. The certificate
of admission will be endorsed by the Chief Justice and upon payment of the
prescribed fee the Registrar shall enter the name of the said person into the
Roll.

NB: The admission certificate is not by itself a licence to practice as an advocate. The
advocate will also need a practicing certificate which is issued by the Registrar. This
practicing certificate authorizes the advocate to practice s. 34 of the Advocates Act.
The practicing certificate is renewable yearly.
 Application for practicing certificate is made under section 35 of the Act. The
practicing certificate is renewable yearly.
 For one to qualify to practice in Tanzania must also comply with section 39 of
the Act.

Edson Osward Mbogoro v Emmanuel John Nchimbi & Another Civil Case No. 140
of 2006 an advocate without a valid practising certificate cannot practice. It is an
offence for a person to either falsely pretend to be qualified as an advocate and/or to

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carry out general legal work when not qualified as an advocate. see sections 41-43 of
the Act.

Other qualified persons

Section 3 – persons exempted from the requirements of the Act, i.e. they may not be
advocates but they will perform the functions of an advocate for the government.

Special appearance by legal practitioners from other jurisdictions

A legal practitioner who has been admitted in any commonwealth or a solicitor in
England, North Ireland, Republic of Ireland and Scotland may make an application
to the Chief Justice for the purposes of appearing in in one case. After payment of
prescribed fee then the CJ may admit such a practitioner for the purposes of
appearing in that one case. Section 39 (2) of the Act.

An advocate who is admitted into the Roll of Zanzibar cannot practice in Mainland.
Also, such advocate cannot appear before the CA when sitting in mainland. See
Mvita Construction Company v Tanzania Habours Authority Civil Appeal No 94
of 2001

Effect of admission

Once admitted, a legal practitioner becomes an officer of the court High Court under
section 69 of the Advocates Act. Admission is a precondition to the grant of the
privilege of acting as an advocate in Tanzania. In terms of section 40 of the
Advocates Act am advocate with a valid practicing has the following rights: -

 To practice as an advocate of the High Court and subordinate Courts

 To perform functions which in England may be performed by a member of
the bar as such or by solicitor of the supreme court of judicature (notary
public and commissioner for oaths)

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NB: For an advocate to appear in the Court of Appeal he must have practiced for at
least 5 years. However, such an advocate may apply to appear early if he shows that
he is conversant with the matter as per Rule 33 (3) of the Tanzania Court of Appeal
Rules, 2009.

Exercise

Explain the reasons why advocates should represent persons they know to have
committed a crime. What are the ethical considerations and professional
responsibilities of a lawyer in such circumstances?