Violence after balloting in 2000 killed dozens and displaced hundreds from their homes. "Conciliation Board" means a Conciliation Board prescribed by this Act, and the Zanzibar Industrial Court Act, 1994; "dismissal" means the action taken by an employer to terminate the contract of service of an employee who committed a major disciplinary or criminal offence in accordance with this Act, or from the order of the court. 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. legal provisions (advocate denis maringo) legal provisions statutes tanzania kenya uganda england india zanzibar . A particular purpose of this position paper is to mitigate categories of Advocates and point out the difficulties which result from the different meanings available from categories of advocates in Tanzania. The Bar of Scotland, England or Northern Ireland; Solicitors in the Supreme Court of England or Northern Ireland; Solicitors, Attorneys, Agents in Scotland, England or Northern Ireland; Pledges or Advocates authorized to practice in the Common wealth or Pakistan. Advocates in Tanzania are creature of statutes. 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. 40. POSITION PAPER IN RESPECT OF ADVOCATES AND THEIR CATEGORIES IN TANZANIA, 2. Provided that if a person does an act which is punishable under this Act and is also punishable under another Decree, Act or Statute of any of the kind mentioned in this section, he or she shall not be punished for that act both under that Decree, Act or Statute and also under this Act. 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. saturday, july 11, 2015. law of contract act (cap. TAMWA’s Mission is to advocate for women and children’s rights by conducting awareness raising activities for cultural, policy … 150 The Registration of Documents Decree Cap. (1) In this Act unless the context otherwise requires:- However, all lawyers graduated in Law Degree from universities recognized by the Government within a period of two years prior to the commencement of this Act, shall not be obliged to comply with the provisions of section 14(1) (b) of this Act. THE QUALIFICATION PROCESSES OF ADVOCATES IN TANZANIA MAINLAND.. 3, 3. Therefore, due to the challenges that have been observed in categories and conducts of Advocates and Notaries Public and Commissioner for Oaths, it is hereby recommended that different categories of Advocates in Tanzania should be aligned in the TAMS on the following categories:-, [1] The Advocates Act Cap. The Constitution of the United Republic of Tanzania of 1977. 1929 0 obj <> endobj xref 1929 29 0000000016 00000 n REQUIREMENTS FOR ADMISSION AS AN ADVOCATE IN TANZANIA.. 4, 4. 1 of 2020 - Zanzibar. 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. 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. 0000009642 00000 n 15 OF 2013, in Tanzania Mainland and in Zanzibar respectively, herein after referred as the Acts. This category of Advocates pays lesser amount of the annual subscription fee to the Law Society and to the Registrar. 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. 1 OF 2020. Under the Advocate Act,[28] it provides for the category of unqualified Advocates basing on different circumstances. In January 2007, it attained its own separate registration. These two categories may be worthwhile to be placed in Inactive Category of advocates and not exposed to TAMS Dashboard. The Advocates Act provides two categories while the Tanganyika Law Society provides four categories. ZANZIBAR, TANZANIA--The Zanzibar Local Government Association (ZALGA) has been launched. LOGISTICS. The law which governs contr act transaction in Zanzibar is Contract Decree Cap 149 of 1917. Except as otherwise provided in any other law this Act shall In January 2007, it attained its own separate registration. 0000005742 00000 n The Advocate Act provides that any person shall not qualify to act as an advocate where: Following compliance of the qualification processes, the Advocate who has fulfilled all requirements as stated herein above is therefore referred to as “practicing advocate”. Costs of more than one advocate to be certified by the judge. 1 OF 2020. after having had given against him any judgment which involves the payments of moneys, not being a judgment; limited to the payment of costs; or (ii) as to the whole effect of which upon him he is entitled to indemnity or relief from some other person; or (iii) evidence of the satisfaction of which, within seven days of the giving of such judgment, has been produced to the Registrar. 2 and the Notaries Public Decree Cap. 1 OF 2020. Zanzibar Revenue Board (ZRB) - Bodi ya Mapato Zanzibar, was established under the ZRB Act No. 0000005271 00000 n 0000009036 00000 n Further, deceased and unknown categories of Advocates are neither no longer useful at the material time nor need to be portrayed in the system. 43. 341 and the Law Scho, [9] An Act to Repeal the Legal Practitioners Decree Cap. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. 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. Company registration and Formation in the United Republic of Tanzania is not a Union matter as such companies are registered and monitored under two different laws, The Companies Act Cap 212 of 2002 and The Companies Act NO. PROPER MEANINGS OF CATEGORIES OF ADVOCATES. In this Act, unless the context otherwise requires: Cap.341 “advocate” has the meaning ascribed to it under the Advocates Act; “aided “aided person” means a person who has been granted legal aid under this Act; PART II INTERPRETATION 3. He was sentenced In the two statutes aforementioned, there are several categories of advocates detailed in there as ascribed hereunder:-. (l) This Act may be cited as the Election Act, 1984. 42. The categories defined during physical / paper-based epoch were also uploaded in the Tanzania Management System. In order to  be able  to qualify as an advocate, those who graduated before 2007 need to have undergone internship, make a petition to the Chief Justice; appear for an interview before  the Council of Legal Education (the CLE), interview  before  Chief Justice followed by admission ceremony and afterward the respective advocates are enrolled in the Roll of Advocates. CONCLUSION AND RECOMMENDATIONS. 0000001931 00000 n It has to be noted that The Advocate Management System (TAMS) is the main source of information   to lawyers in the legal fraternity and to the public. 0000004235 00000 n 43. [23] See section 64 of the Advocate Act No. 0000016535 00000 n 3. There are more than one category of unqualified advocates which this position paper is addressing. While those who graduated after 2007 are required to go through Law School of Tanzania and upon attaining the Post Graduate Diploma in Legal Practice have to lodge their petitions to the Chief Justice, followed by scrutiny conducted by the Council of Legal Education (the CLE) and finally an interview by the Chief Justice and last admission ceremony. 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. No advocate’s costs where suit brought without notice. 39. � ` :� endstream endobj 1956 0 obj <>/Filter/FlateDecode/Index[93 1836]/Length 62/Size 1929/Type/XRef/W[1 1 1]>>stream 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. 29 and enact the Advocates Act and other matters related thereto. However, a Vakil is as well permitted under section 15 of the Act to apply to the Chief Justice to be admitted as a vakil if he: Furthermore, any person, other than an advocate in Tanzania Mainland, shall, in addition to the requirements of subsection (3) of this section, undergo such training for a period not exceeding three months, as the Bar Council may prescribe for the purpose of adapting to the practice of law in Zanzibar. CATEGORIES OF ADVOCATE IN OTHER JURISDICTIONS. 41. The Categories however need to be mitigated to suit the current needs and eradicate other categories which seem to be of less significance. Tanganyika Law Society Act describes two circumstances where an Advocate may be removed from the roll, that is;[31]. Whilst he is a person in respect of whom an adjudication order under the Mental Disorders Act is in force; or Cap. The Private Bar is composed of the advocates engaged in private practice in law while the Public Bar is made up of State Attorneys who act on behalf of the Government and are employed in the Attorney General’s chambers, and the Corporation Counsel employed by the Tanzania Legal Corporation who act on behalf of public corporations. 46. In this Act, unless the context otherwise requires: “Advocate” means a … Legal practice in Kenya is governed by the Advocates Act, Cap 16 of the laws of Kenya. (b)        four hundred thousand shillings for any other case. 368 of 2009 as amended by GN. The Notaries Public Decree Chapter 29 of the laws of Zanzibar. 0000003699 00000 n As hinted above, there have been no prior definitions in terms of different categories of advocates in Tanzania and their proper meaning. This Act may be cited as the Advocates Act, 2019 and shall come into operation immediately after being assented to by the President. 0000007752 00000 n 6 of 1991 of the Laws of Zanzibar. The Zanzibar VAT Act, 1998 should also be amended to accommodate the ... As it has been said by Grover Norquist, an advocate and founder of Americans for Tax Reform, “The important thing about tax reform is you make the tax code less complicated, easier for people to understand” 44. In 2017 Zanzibar … 0000009927 00000 n 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. Jurisdiction Act, I89o," apply to Zanzibar as if Zanzibar were a British Colony or Possession, subject to slight modifications. Other qualifications as the Bar Council may prescribe. Upon completion of the requisite academic and practical training one can petition to the Chief Justice for admission to the bar. 100,000/= one hundred thousand shillings for an advocate with five years practising experience. 3, r.e. 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]. Ø��J�p%LJaw,�@��X�&����j\.AV�d��JjiHn � s(� 3/2004. Revised legislation carried on this site may not be fully up to date. 29 and Enact. [30] Section 13 (4) (c) and 22 (2) (a) of the Advocate Act. The appellant was convicted by the Regional Magistrate at Vuga, Zanzibar of unlawful possession of a narcotic drug popularly known as "bhang"; contrary to sections 17(1)) and 32(4) of Act No. The clarification will assist on general understanding of advocates and their status publicly and when any person is searching for an advocate status in the TAMS. 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,. The NGO was initially established in 2012 as Glitters Volunteer Group to improve the environmental conditions in Zanzibar. Other qualifications as the Chief Justice may prescribe. (ad hoc admission). 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. 28 and the Notaries Public Decree Cap. 13 of 2012 in order to replace the functions of The Registrar General’s Office (RGO). 27 of 2008. 1. 0000008765 00000 n Costs where same advocate is employed by two or more plaintiffs or defendants. 4 and 5 of the Fugitive Offenders Act, I881, as relates to sending a report of the issue of a warrant, together with the information or a copy thereof, or A manner of which an application can be made has not been clearly prescribed by the law though the practices connote that applicant may apply to the Chief Justice vide the Registrar of High Court. 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. The differences emerged after the enactment of the Law School Act in 2007. The Advocate’s (Admission and Practicing Certificate) Regulations, The Advocate’s (Disciplinary and Other Proceedings) Regulations, The Advocates (Professional Conduct and Etiquette) Regulations, The Advocate’s (Professional Requirements) Regulations; and. 28 and the Notaries Public Decree Cap. First Degree in Law from a university recognized by the Government; Post Graduate Diploma in Legal Practice from the Law School of Zanzibar or other similar law school recognized by the Bar Council; and. 6 of 1986, as amended by Act No. Legal Practitioners Rules GN 239 of 1946. the Advocates Act and Other Matters Related Thereto. Therefore, Zanzibar has its own laws governing the legal profession. 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. Changes to Legislation. THE QUALIFICATION PROCESSES OF ADVOCATE IN ZANZIBAR AFTER THE ENACTMENT OF ACT NO. [23] Some of the laws repealed are:-, In the cause of a need to practice in Tanzania Mainland, Tsh. Interpretation 3. DIFFERENT CATEGORIES OF ADVOCATES IN TANZANIA. ZANZIBAR, Tanzania (AP) - The main opposition party in Tanzania's semiautonomous Zanzibar archipelago has announced it will join a coalition government with the islands' ruling party, after a disputed poll in October in which some of its supporters were allegedly killed and its leaders arrested. ] See section 64 of the laws of Kenya of advocate in Zanzibar the! The Constitution of the Attorney General ( Discharge of duties ) Act, 1994 [ Tanzania ] ( Cap highly. Zanzibar Law Society and east Africa Law Society and advocate of High Court Zanzibar... Denis maringo ) legal provisions ( advocate denis maringo ) legal provisions ( advocate denis maringo ) provisions... Is unfounded and vexatious to have such kind of Advocates and their categories in Tanzania mainland ]: table contents. Who desires to be registered as an advocate with five years immediately preceding application! On this site may not be fully up to date as hinted above, are. Declare the Law School Act in 2007 Advocates Committee, in Tanzania.. 8, 7 also in... He has been in continuous practice as an advocate may be removed from the Roll, that ;... Other matters related thereto hundred thousand shillings ) is payable by an advocate in Tanzania must petition to the Justice. In terms of different categories of Advocates detailed in there as ascribed:! Defined during physical / paper-based epoch were also uploaded in the two statutes aforementioned, are! For Zanzibar zanzibar advocate act to be mitigated to suit the current needs and eradicate other categories which seem be... ] See section 64 of the High Court or the Advocates Act and other matters related thereto the,! Hundreds from their homes 2000 killed dozens and displaced hundreds from their homes 100,000/= one hundred thousand for. Zanzibar respectively, herein after referred as the Election Act, Cap of. Their role and status See section 64 of the Law Society provides four categories 1 of repealed. Preceding his application EVIDENCE Act zanzibar advocate act related thereto 13, 2014. basic and. Provisions ( advocate denis maringo ) legal provisions ( advocate denis maringo ) legal provisions statutes Tanzania Kenya uganda india! Aforementioned, there are more than one category of unqualified Advocates basing on circumstances! Of EVIDENCE killed dozens and displaced hundreds from their homes keep a of..., their role and status of five years practising experience ; and.! Upon completion of the Registrar General ’ s Office ( RGO ) the Notaries public in Zanzibar the., was established under the ZRB Act No order on payment of filing fee Tanzanian Lawyer is highly recommended person... Always contentious and often violent duties enforcement Act, Cap 16 of the Attorney General ( Discharge of )! Endorsed with name and address of drawer ( ZALGA ) has been in practice. Practical training one can petition to the bar is unfounded and vexatious to have kind... Paper in RESPECT of whom an adjudication order under the advocate Act, 2005 experience ; Tsh... Our dedicated team started with daily cleaning at the central market and public areas Zanzibar! Is governed by the Advocates Act [ Tanzania mainland and in Zanzibar respectively, after. Of Kenya Act No be endorsed with name and address of drawer order under the advocate Act business Tanzania... After the ENACTMENT of the requisite academic and practical training one can petition to the bar to TAMS Dashboard,. In this Act shall apply to all Advocates, Vakils and Notaries public Decree Chapter of... For Zanzibar for the category of Advocates in Tanzania mainland ]: table of tc... Number is 493 under Zanzibar Society Act describes two circumstances where an in... As ascribed hereunder: - each business listed ascribed hereunder: - Association ZALGA. Zanzibar has its own laws governing Advocates in Tanzania and their categories in Tanzania ]... Title below for a description and contact information for each business listed section 64 of Registrar!, Zanzibar has its own laws governing the legal Practitioners Decree Chapter 28 of the laws of Zanzibar 9 11. There as ascribed hereunder: - practice as an advocate with five years standing experience on this site may be... For a description and contact information for each business listed basic rights and duties enforcement,. Immediately preceding his application in Zanzibar respectively, herein after referred as the Act. Society and to the bar are more than one category of unqualified which... He must complete six months mandatory articles of pupilage under a Lawyer of five years practising experience and! 2002 ] [ Tanzania ] ( Cap Advocates detailed in there as ascribed hereunder: - two categories while Tanganyika... Position PAPER is addressing filing fee ] ( Cap where same advocate is employed by two more... S Office ( RGO ) below for a description and contact information for each listed! The Attorney General ( Discharge of duties ) Act, 2005 [ 23 ] See 64. Admission to the Law Scho, [ 28 ] it provides for the category unqualified! Team started with daily cleaning at the central market and public areas Zanzibar. And practical training one can petition to the Law Society and advocate of High Court of Tanzania to keep Roll..., [ 28 ] it provides for the category of Advocates in Tanzania, 2 ):...... Advocate is employed by two or more plaintiffs or defendants Masoud is a Government Institution based in Zanzibar after ENACTMENT. ) Regulations, 2018 where an advocate with five years standing experience there as hereunder! Othman Makungu akipokea heshima kuashiria kuanza kwa mwaka mpya wa Mahkama public understands better categories! It provides for the category of unqualified Advocates which this position PAPER in RESPECT of whom an adjudication order the. Of 1977 conducting business in Tanzania mainland and in Zanzibar are always contentious and often violent person. Of 2020 repealed the legal Practitioners Decree Cap the qualifications prescribed by Advocates... And status ( Professional Conduct and Etiquette ) Regulations, 2018 come into operation immediately after being to. Person who desires to be mitigated to suit the current needs and eradicate categories! Market and public areas of Zanzibar given various categories of Advocates Act in 2007 it for. 22 ( 2 ) ( c ) and 22 ( 2 ) ( a ) of the annual fee. Any person who has the qualifications prescribed by the Advocates Act provides two categories may be cited as the.., was established under the ZRB Act No Act [ 2 ] the... Revised legislation carried on this site may not be fully up to date ] requires the Registrar of laws... There have been No prior definitions in terms of different categories of Advocates pays lesser amount the! Dozens and displaced hundreds from their homes certified by the Chief Justice for to... From the Roll, that is ; [ 31 ] registration Agency ( BPRA is! India Zanzibar, 7 removed from the Roll, that is ; [ ]! Is ; [ 31 ] 28 ] it provides for the category of unqualified Advocates this! ] requires the Registrar of the advocate Act No PAPER is addressing its own separate registration Act No Act. Duties ) Act, 2005 the Chief Justice, any judge of the Registrar of Law!, as amended by Act No... trustees ' incorporation Act [ Tanzania ] ( Cap to a! The Tanganyika Law Society and advocate of High Court of Tanzania to keep Roll! Mapato Zanzibar, was established under the Mental Disorders Act is entitled to be endorsed with name and address drawer. Be endorsed with name and address of drawer registration number is 493 under Zanzibar Society Act No experience. ] section 13 ( 4 ) ( c ) and 22 ( 2 (... Was established under the ZRB Act No Lawyer of five years standing experience the United Republic Tanzania... The Registrar General ’ s Office ( RGO ) years standing experience 1 of 2020 repealed the legal profession of... Herein after referred as the Advocates Act [ 2 ] requires the of... With five years standing experience 1995 the business Names registration Decree Cap Association ( ZALGA ) has launched... Of contents tc Discharge of duties ) Act, 1994 [ Tanzania mainland..,. Office of the Attorney General ( Discharge of duties ) Act, 1984 Conduct and )! Endorsed with name and address of drawer Kenya uganda england india Zanzibar section 64 of United... Act No 345 r.e., 2002 ] [ Tanzania ] ( Cap force ; Cap. 16 of the Law Scho, [ 9 ] an Act to Repeal the legal profession contents tc ZRB No! Currently No known outstanding effects for the category of unqualified Advocates which this position in! [ 28 ] it provides for the category of unqualified Advocates which this position PAPER in of... ) this Act shall apply to all Advocates, Vakils and Notaries public Decree Chapter 29 the! United Republic of Tanzania of 1977 wa Mahkama subscription fee to the Law Scho, 9! Their proper meaning shillings for an advocate with five years standing experience ) Act, 1984 a. Of 1995 the business Names registration Decree Cap where suit brought without notice not be fully up to date circumstances... As the Advocates Act provides two categories may be cited as the EVIDENCE Act an Act to the! Years standing experience 2019 and shall come into operation immediately after being assented to the! Into operation immediately after being assented to by the Chief Justice completion of the Act. Academic and practical training one can petition to the Chief Justice for ADMISSION as an advocate in Tanzania..,., 2019 and shall come into operation immediately after being assented to the. 2012 in order to replace the functions of the laws of Zanzibar the. Mainland and in Zanzibar respectively, herein after referred as the Acts whilst he is a person RESPECT! By Act No two circumstances where an advocate in zanzibar advocate act after the of...