WAKILI MKONGWE MUSSA KWIKIMA: ANDIKO LANGU MAALUMU KWAKO MHE. MWAKYEMBE JUU YA TANGANYIKA LAW SOCIETY, MARUFUKU SIASA DHIDI YA UONGOZI WA TLS, REJEA HISTORIA.

From Mussa Kwikima (Lawyer)- Tabora.

TOWARDS  A   TANZANIA   BAR   ASSOCIATION
      American  Bar  Association”.
A voluntary national organization of lawyers.  Among other things ,it participates in law reform ,law –school accreditation and continuing legal education in an effort to improve legal services and the administration of justice.

BLACKS     LAW   DICTIONARY    9th Edition p. 97
“Bar Council”
“(The General Council of the Bar of England  and Wales), the governing body of barristers both practicing and non- practicing .The Bar  Council  issues a code of conduct to which all barristers are obliged to adhere. It regulates the activities of all barrister ,maintains standards within the Bar and considers complaints against barristers.”

OXFORD  DICTIONARY  OF  LAW 6th edition p.50
Since its inception in 1954 ,the Tanganyika Law Society has been functioning  as a creature and subject of the Advocates Act ,cap 341  RE 2002 and The Tanganyika Law Society Act cap.307 RE 2002 .it cannot therefore be said to be either “a voluntary national organization of lawyers”  or the governing body of advocates in Tanzania.

The statutes are a colonial hangover enacted to ensure that legal practitioners imported from India, Pakistan ,England and other far –flung countries of the then British empire worked firmly under the thumb of the colonial regime in Tanganyika .The same was the situation in Zanzibar although in the latter case, the Sultan regime was curbed in it activities by the colonial judicial system .

Fifty six years after independence and fifty  three after the union of Tanganyika and Zanzibar ,the society is still virtually the same as the colonialists left it  save that the membership has swelled from a handful of praditioners ,to the present 5000plus  over whelmingkly indigenous practioners .Among  the latter -  day practitioners include the likes of  Harrison Mwakyembe ,Tundu Lisu , Twaha Taslima , Mabere Marando to name just a few.

As stated in the quotation above ,the need for a governing body for advocates  in Tanzania is catered for by  office of the chief justice ,the Attorney General and the Advocate Committee. There is no Bar Council as such ,statutoryr or voluntary .The lacuna has led to recent ulburst by the minister currently responsible for legal affairs .

We have had lately the outburst from the minister carried in roaring headlines by the local dailies(in which minister)is reported  threaten to disband the Tanganyika Law Society .So blared the papers for the whole week before the staging of the election of the Tanganyika Law Society president on 18.3.2017.The ministered call appears to have been necessitated  by the order of  the head of state that politicians should not vie for presidency of the society. Otherwise  no one would be  given the judgeship from among society members  .

Suffice it to say that if the banning was a threat it was ill-conceived and unfortunate as neither the minister nor the President  have power to repeal the statute  creating the society .At any rate   ,the minister , himself a member of it, would lose his status as a licensed legal praditioner.The law forbids non- TLS members to practice law in Tanganyika .The right to practice law in Tanganyika  is conferred by cap 341.E 2002 is clawed back by cap 307 which proscribes legal practice  by  non- TLS members .The honorable minister would have to rely  for  his  living on his political post as minister of legal and constitutional Affairs ,a post he secured by engaging in politic through his political party CCM.

Un fortunately the honorable minister is not the only lawyer licensed to practice law in the country. there are many politicians who rendered professional legal service to TANU and CCM , among them being Mahmoud  Rattansey,Alnoor  Kassam, Augustine  Ramadhani,Arcado Ntagazwa just to name a few .In deed an  advocate for CCM was recently  appointed judge of the High Court.

The irony is that the outburst by the learned  minister is couched in apparently  threatening terms which would  happily ,pave the way  for a non statutory bar association be launched should the “threat” be  carried out .The 
replacement would certainly  be 9non –statutory  institution operating free from the clutches of the state executive.

That would be  a very timely and welcome scenario were it to happen .The fact is, it can ,although there are several  impediments for its occurrence, namely:
a)    That TLS being a body statutorily sanctioned under cap 307 RE 2002 AND CAP 341 re 2002 no minister or even the President can wish it away arbitrarily .Only Parliament can repeal the statutes permitting legal practice.
b)    The alleged “threat” would have the  ironical effect of  paving the way for legal practitioners to have their own trade union in the form  of a true Bar Association. Were that to happen ,the current tendency to issue edicts arbitrarily would be curbed.
c)     Fortunately it would also cause the Lacuna to b e filled by a statutory BAR  COUNCIL to regulate and oversee legal practice as do the medical board for doctors, the accountants and auditors  board for accountants ,the surveyors board ,the engineers board just and several other  institutions which register supervise and discipline professionals. This would put an end to TLS self censorship  which enables unscrupulous lawyers to engage in scams  like EPA ,Tegeta  Escrow and IPTL without  being called upon to account.
The much advocated for TANZANIA BAR ASOCIATION would be the dream of the upright legal practitioners to serve as :-

                    i.            The trade union for advocates.
                 ii.            The vibrant  and tireless canvasser for human and citizen rights and as an  NGO capable of speaking out against arrant abuses and maladministration.
               iii.            Institution born of private citizens effort to rally for their rights.
               iv.            A legitimate and lawful member of the international community capable of lawfully joining hands with foreign institutions of the same UK.
                 v.            Could  team up with the Zanzibar Law society  to strengthen the cherished ideal  of unity within the united Republic of Tanzania .
The envisaged independent Tanzania  could as well make profound impact on matters regarding:

a)    The process of enactment of statutes .

b)    The selection and appointment of judicial personell especially judges.
c)     The sponsoring of candidates for state and municipal election .
d)   Remaining state  functionaries that association is here to see it to   that human and citizen rights are manifestly  observed and respected.

There could also be a council  of the law faculties  of the universities in Tanzania in collaboration with the Tanzania Law School and other legal institution of recognized legal powers. In addition ,what are now known as “chapters of the Tanganyika Law Society  would best serve as statutory Law Societies  for the regions or zones within areas under the geographical jurisdiction of High Court Registries.

At the end of his outburst the honorable minister opined that it was not proper for a TLS president to indulge in Politics. Surely the learned minister could not be unaware of the role lawyersplay in politics .He must have heard of the likes of Karsandasli Mot Gandhi,Jawahilal Nehru,Walter  Sisulu,Oliver Tambo,Nelson  Mandela, Barack   and Mochele Obama, Tony  and Mrs Blair, Muhamad Ali Jinnah ,Abubakar  Mayanja kwaw – Swanzy to name a few- among  many lawyer politicians of international repute.

It is surprising to hear that a lawyer formerly involved in the media trade could fail to acknowledge  and admire the relevance of legally trained legislators and politicians who would naturally fit into the task of legislating. Needless to say the lawyer would be the appropriate cadre for membership of the realm of politics.

The author is a pioneer aluminus of  Dar es salaam University holding a first degree in Law from the University of London. He worked for the Government of the United Republic of Tanzania from 1.7.1964 on Resident Magistrate. 


He was Assistant Attorney General in 1967-1968 before being appointed High Court Registrar  in 1970 .He has twice been sworn as Acting High Court Judge in 1970 and 1983.

Since 1.7.1974 he has been in private law practice as an advocate at Tabora. His telephone numbers  are 0767- 555 952 and 0655 471 955.

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