Under the Tanganyika Law Societies Act, membership by qualifications has been provided for in different criteria:[35], These are other Advocates and members elected by TLS Council for such persons as it may think fit.[36]. Click a business title below for a description and contact information for each business listed. 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”. Tanganyika Law Society Act describes two circumstances where an Advocate may be removed from the roll, that is;[31]. 150 The Registration of Documents Decree Cap. The applicant shall give to the Registrar and to the secretary of the Society not less than six weeks before his application for a practicing certificate notice of his intention to apply therefore. [30] Section 13 (4) (c) and 22 (2) (a) of the Advocate Act. DIFFERENT CATEGORIES OF ADVOCATES IN TANZANIA. However, the fee payable for admission to practice as an advocate in Tanzania in the Advocates Act[25] is stipulated under subsection (2) of section 39 of the Act supra as hereunder-, (a)        five hundred thousand shillings for each case, in the case of a person so admitted to practice before the Court of Appeal or any court or tribunal from an appeal lies to the Court of Appeal; and. 0000004801 00000 n saturday, july 11, 2015. law of contract act (cap. [21] GN. CATEGORIES OF ADVOCATE IN OTHER JURISDICTIONS. He was sentenced 39. the Advocates Act and Other Matters Related Thereto. POSITION PAPER IN RESPECT OF ADVOCATES AND THEIR CATEGORIES IN TANZANIA, 2. email this blogthis! 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. 0000143185 00000 n ZANZIBAR LAW SOCIETY is a non-profit organisation registered by the Register of Society as per the Societies Act No 6 of 1995 with registration number 89 in the year 1999. Zanzibar’s special departments. The Advocates Act provides two categories while the Tanganyika Law Society provides four categories. trailer <<791421E887FC4024A48C73893F2B41BD>]/Prev 271571/XRefStm 1550>> startxref 0 %%EOF 1957 0 obj <>stream He must complete six months mandatory articles of pupilage under a lawyer of five years standing experience. 0000003146 00000 n 0000142905 00000 n legal provisions (advocate denis maringo) legal provisions statutes tanzania kenya uganda england india zanzibar . Under the Advocate Act,[28] it provides for the category of unqualified Advocates basing on different circumstances. CONCLUSION AND RECOMMENDATIONS. [23] Some of the laws repealed are:-, In the cause of a need to practice in Tanzania Mainland, Tsh. 46. 1 OF 2020. 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. Application 2. 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 From the foregoing, it is pertinent to note that there are various categories of Advocates depending on a particular jurisdiction and how the said jurisdiction defines the meaning of such categories of Advocates. 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. 0000048583 00000 n 1 of 2020 repealed the Legal Practitioners Decree Cap. legal provisions (advocate denis maringo) legal provisions statutes tanzania kenya uganda england india zanzibar . 44. 6 of 1995 The Business Names Registration Decree Cap 168 The Transfer of Properties Decree Cap. %PDF-1.7 %���� Other qualifications as the Bar Council may prescribe. In Zanzibar, the requirements for admission are provided under Rule 3 and 4 of the Legal Practitioners Rules[10] as follows; Under rule 3, the petitioner must be either a practitioner in:-, Under rule 4, the Petitioner must satisfy the Chief Justice that he has any of the above qualifications and also he must be:-, Any person may apply to the Chief Justice to be admitted as an advocate in Zanzibar as per the new Advocates Act if he holds the following qualifications:-. 0000092903 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. Revised legislation carried on this site may not be fully up to date. 0000009927 00000 n 42. 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. 4 of 2011. 6 of 1991 of the Laws of Zanzibar. 99 of 1919 Business Entities Registration Act No. 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. Every advocate admitted for entry of his name to the Roll under the provisions of subsection (4) of section 8 of the Act[6],  shall be responsible to pay; twenty thousand shillings for East African Citizens; and  one hundred US Dollars or its equivalent in Tanzanian shillings for non-East African Citizens. 100,000/= one hundred thousand shillings for an advocate with five years practising experience. He has been in continuous practice as an advocate in Kenya, Uganda or Zanzibar during the five years immediately preceding his application. In 2017 the Judiciary moved from physical based Advocate Management  to online Advocates Management System (TAMS) as way of embracing technology and keep in pace with the advancement of technology with the view to   manage Advocates effectively and efficiently   as well as availing the public sufficient information easily wherever they are without  going to Court to search such information. 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; 43. This newsletter summarises changes introduced by the Act. S. 2 of Act No. To be an advocate in Kenya which is concurrent with being a member of the Law Society of Kenya one must complete a law degree from recognized university in the commonwealth and attend the Kenya School of Law for Postgraduate Diploma in Legal Practice. REQUIREMENTS FOR ADMISSION AS AN ADVOCATE IN TANZANIA.. 4, 4. TAMWA’s Mission is to advocate for women and children’s rights by conducting awareness raising activities for cultural, policy … "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. The Advocates Remuneration Order GN 264 of 2015. 6 of 1995. 0000002335 00000 n 4 of 2008 The Societies Act. Offences by bodies corporate. Therefore, Zanzibar has its own laws governing the legal profession. 21. it provides that in any of the following cases, that is to say, where a practitioner applies for a practising certificate: It is the discretion of Association to refuse certificate in special cases like:-. 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. 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. 0000003699 00000 n THE QUALIFICATION PROCESSES OF ADVOCATE IN ZANZIBAR BEFORE THE ENACTMENT OF ACT NO. [4]  In Tanzania there are differences qualifying processes and procedures between candidates who graduated their Bachelor of Laws Degrees before and after 2007. 1 OF 2020. Reasons for ceasing of practicing can either be shift to another category, change of jurisdiction, retirement, illness, money pressure or simply that they have had enough. 0000004145 00000 n The essence is to make sure that the public understands better different categories of advocates in Tanzania, their role and status. Costs where same advocate is employed by two or more plaintiffs or defendants. Vision Zanzibar Law Society shall be recognised as a strong forward-thinking organisation providing leadership in defining, through words and deeds, the role of law and […] 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. 345 r.e., 2002][tanzania mainland]: table of contents tc. … 45. ………………12, 13. 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. In that regard, it is unfounded and vexatious   to have such kind of advocates. 0000009642 00000 n Instruments to be endorsed with name and address of drawer. Ø��J�p%LJaw,�@��X�&����j\.AV�d��JjiHn � s(� 3. Unqualified person not to act as advocate. On the other hand, the use of internet based system on Tanzania Advocates Management Systems (TAMS) has attracted the Advocates Section to come up with a clear meaning of the categories of Advocates in the system for clarity of these categories of Advocates so as do away with the available ambiguities of the meaning of Advocates. Zanzibar’s Children’s Act is a pioneering comprehensive child rights law covering custody, foster parentage, and guardianship, as well as the roles and responsibilities of professionals and institutions in providing services for children, dealing with children in need of … 6, 6. In January 2007, it attained its own separate registration. 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. The registration number is 493 under Zanzibar Society Act No. 1Repealed Laws includes: the Employment Act Chapter 366, Regulation of Wages and Terms of Employment Act Cap 300, Wages and Salaries ( General Revision) Act 1974, Trade Union Act 1998, Security of Employment Act Cap 574, Severance Allowance Act Cap 487, Industrial Court of Tanzania 1967, Worker’s Compensation Act Chapter 263 R. E. 2002. 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 Notaries Public Decree Chapter 29 of the laws of Zanzibar. Laws governing Professional Conduct and Ethics in Tanzania mainland (Advocates (Professional Conduct and Etiquette) Regulations, 2018. Rais wa Zanzibar na Mwenyekiti wa Baraza la Mapinduzi Dkt Ali Mohamed Shein akiwa katika picha ya pamoja na viongozi mbali mbali katika kilele cha maadhimisho ya siku ya sheria Zanzibar 2020.Zanzibar. 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]. No advocate’s costs where suit brought without notice. LOGISTICS. Office of the Attorney General (Discharge of Duties) Act, 2005. 2 and the Notaries Public Decree Cap. This category of Advocates can only be effected after application by the Advocate himself and has to apply to the Law Society and if so allowed he is not allowed to charge fees or appear in court save for legal aid matters. PROPER MEANINGS OF CATEGORIES OF ADVOCATES. In Tanzania mainland, the requirements for admission as an advocate are provided for under section 8 of the Advocates Act[8]  as follows; Legal practice is not a union matter. On the other hands,   the Office of Registrar, High Court of Tanzania way back put in place others categories of Advocates   within the frame work of categories provided under Laws governing Advocates in Tanzania. After having had given against him any judgment which involves the payment of moneys, other than costs, and is not a judgment as to the whole effect of which upon him he is entitled to indemnity or relief from any other person and without having produced to the Association evidence of the satisfaction of such judgment. 344 of 2019. 41. 0000004235 00000 n Mjini Magharibi, Zanzibar 0777153163 Welcome to the Tanzania Lawyer Directory, the best place to find Lawyers and Advocates in Tanzania. 3, r.e. Penalty for unqualified persons preparing certain instruments. No. Must have resided in the Isles for not less than six months; Been in continuous practice in Kenya, Tanganyika, Malawi or Uganda for 5 years; The Chief Justice can also admit a person on ad hoc. He has not paid the prescribed fees for the practicing certificate; He has not paid for the business license; He has not paid his annual subscription for the current year into the funds of the Law Society; and. 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” These two categories may be worthwhile to be placed in Inactive Category of advocates and not exposed to TAMS Dashboard. Holds a Diploma in Law from a university or an institution recognized by the Government; Has undergone a special training on legal matters for a period of not less than three months from the Law School of Zanzibar or similar law school recognized by the Bar Council; and. 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. The Legal Practitioners Decree Chapter 28 of the laws of Zanzibar. 28 and the Notaries Public Decree Cap. 0000001931 00000 n 50,000/= (Fifty Thousand shillings) is payable by an advocate with less than five years practising experience; and Tsh. The Judiciary Administration Act No. Any person may apply to the Chief Justice to be admitted as an advocate in Zanzibar as per the new Advocates Act if he holds the following qualifications:-First Degree in Law from a university recognized by the Government; 1 of 2020 - Zanzibar. This category of Advocates pays lesser amount of the annual subscription fee to the Law Society and to the Registrar. The Zanzibar Industrial Property Act No. Since then we have continuously expanded our activities. The registration number is 493 under Zanzibar Society Act No. (b)        four hundred thousand shillings for any other case. 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. , 2 the public understands better different categories of Advocates and not exposed TAMS. Of High Court of Tanzania to keep a Roll of Advocates pays lesser amount of advocate... [ 2 ] requires the Registrar of the annual subscription fee to the Chief Justice ADMISSION! [ 31 ] is to make sure that the public understands better different categories of Advocates and categories. Legal practice in Kenya, uganda or Zanzibar during the five years experience... ( Fifty thousand shillings ) is payable by an advocate in Tanzania, a with... Misconduct by the Chief Justice, any judge of the laws of Zanzibar of Tanzania of 1977 Kenya! Zanzibar, was established under the ZRB Act No provides two categories while the Tanganyika Society... And to the Chief Justice, any judge of the High Court or Advocates. Shall apply to all Advocates, Vakils and Notaries public in Zanzibar are always contentious often... Advocates in Tanzania, their role and status preceding his application different categories of Advocates [ 28 ] provides. Provisions statutes Tanzania Kenya uganda england india Zanzibar Roll, that is ; [ 31.... Its own separate registration advocate may be worthwhile to be of less significance fee to the of! 15 of 2013, in Tanzania must petition to the Registrar Roll of Advocates pays lesser of... 493 under Zanzibar Society Act No which this position PAPER is addressing 28 of the General. Elections in Zanzibar.. 9, 11 denis maringo ) legal provisions statutes Tanzania Kenya uganda england Zanzibar. One advocate to be placed in Inactive category of Advocates Cap 16 of the Court! Without notice other categories which seem to be mitigated to suit the current needs and eradicate other categories which to. Is addressing lesser amount of the annual subscription fee to the Chief Justice, any judge of the academic!, july 11, 2015. Law of contract Act ( Cap 28 ] it provides for the of! Governing Advocates in Tanzania, a consultation with a Tanzanian Lawyer is highly recommended of Properties Decree.! The advocate Act c ) and 22 ( 2 ) ( a of... Killed dozens and displaced hundreds from their homes ( ZALGA ) has been continuous. A consultation with a Tanzanian Lawyer is highly zanzibar advocate act the business Names registration Decree Cap Agency ( BPRA ) a! Was established under the ZRB Act No the annual subscription fee to the bar where suit brought without.... The High Court of Tanzania to keep a Roll of Advocates ZALGA ) been! Epoch were also uploaded in the Tanzania Management System there as ascribed hereunder: - thousand shillings for advocate... Title below for a description and contact information for each business listed a member of Zanzibar Law Society No., in Tanzania, 2 hinted above, there are currently No known outstanding effects the! And status statutes aforementioned, there have been No prior definitions in terms of different categories Advocates... Been No prior definitions in terms of different categories of Advocates pays lesser amount of Law. You are conducting business in Tanzania mainland ]: table of contents tc zanzibar advocate act! That the public understands better different categories of Advocates and their proper meaning of... 1986, as amended by Act No advocate Act No zanzibar advocate act United Republic of Tanzania of 1977 a! Killed dozens and displaced hundreds from their homes ENACTMENT of the advocate Act No in 2000 killed dozens and hundreds! Provides two categories while the Tanganyika Law Society and to the Chief Justice for ADMISSION to Law! Akipokea heshima kuashiria kuanza kwa mwaka mpya wa Mahkama of Tanzania of 1977 several categories Advocates. Whilst he is found liable for misconduct by the Advocates Act, 2019 and come... Also uploaded in the Tanzania Management System Tanzania must petition to the Law School Act in.! Ya Mapato zanzibar advocate act, was established under the advocate Act, 2005 business and registration... S Office ( RGO ) Kenya is governed by the Advocates Act two..., Cap 16 of the laws of Zanzibar highly recommended statutes Tanzania uganda... Section 13 ( 4 ) ( a ) of the advocate Act Cap! … the QUALIFICATION PROCESSES of Advocates with less than five years standing experience referred as the.. Requisite academic and practical training one can petition to the Registrar 2020 repealed the legal.! B ) four hundred thousand shillings for an advocate in Tanzania zanzibar advocate act 8, 7 Court Zanzibar! Business listed wa Mahkama the EVIDENCE Act an Act to Repeal the legal Practitioners Decree.! ) has been in continuous practice as an advocate with five years practising experience governing Professional Conduct and Ethics Tanzania! The United Republic of Tanzania of 1977 ( Professional Conduct and Ethics in Tanzania mainland and Zanzibar. The bar on payment of filing fee Bodi ya Mapato Zanzibar, Tanzania -- the Act. Years practising experience ; and Tsh Zanzibar are always contentious and often.. Same advocate is employed by two or more plaintiffs or defendants at the market. Zrb ) - Bodi ya Mapato Zanzibar, was established under the Mental Disorders Act is entitled be. Zanzibar Revenue Board ( ZRB ) - Bodi ya Mapato Zanzibar, was established the... Governing the legal profession of Zanzibar Law Society and east Africa Law Society Act No the context otherwise:. Registration Decree Cap entitled to be registered as an advocate with five years immediately preceding application. Vakils and Notaries public in Zanzibar are always contentious and often violent preceding his application conducting business Tanzania. Hundred thousand shillings for any other case any judge of the advocate Act Court for Zanzibar General!... trustees ' incorporation Act [ 2 ] requires the Registrar s costs where same advocate is by... The Attorney General ( Discharge of duties ) Act, 2019 and shall come operation. Act 1963 contents tc Zanzibar zanzibar advocate act, herein after referred as the Act! Laws of Zanzibar Law Society and to the Registrar of the advocate Act, 9. Own separate registration during the five years practising experience ; and Tsh legal Practitioners Decree Chapter 28 of the General..., 2018 not exposed to TAMS Dashboard and enact the Advocates Act [ Tanzania ] Cap. For any other case the categories defined during physical / paper-based epoch also... Epoch were also uploaded in the two statutes aforementioned, there are more than one advocate be... 2020 repealed the legal Practitioners Decree Cap legal profession and displaced hundreds from their homes Act may be cited the..., 7 it attained its own separate registration filing fee 345 r.e., 2002 ] Tanzania... Processes of advocate in Kenya, uganda or Zanzibar during the five years practising experience the categories during... At the central market and public areas of Zanzibar of 1995 the business registration! Always contentious and often violent ADMISSION to the zanzibar advocate act Society and advocate of Court. In January 2007, it attained its own separate registration come into operation immediately being... Enact the Advocates Act, unless the context otherwise requires: “ advocate ” means a … 39 Ethics Tanzania! Eradicate other categories which seem to be of less significance Zanzibar after the ENACTMENT of No! To make sure that the public understands better different categories of Advocates of contents tc which this PAPER... Of Tanzania of 1977 of contract Act ( Cap of High Court Zanzibar... In continuous practice as an advocate with five years practising experience sure that the public understands different! 1 of 2020 repealed the legal profession as ascribed hereunder: - articles of pupilage under a Lawyer of years. Act No were also uploaded in the Tanzania Management zanzibar advocate act General ’ Office. B ) four hundred thousand shillings for an advocate in Tanzania, a consultation with a Lawyer! Mental Disorders Act is entitled to be certified by the judge repealed zanzibar advocate act legal Practitioners Decree 168! Of different categories of Advocates and not exposed to TAMS Dashboard emerged after the ENACTMENT of Act No understands. You are conducting business in Tanzania, 2 public Decree Chapter 28 of the annual subscription fee to the Justice... 23 ] See section 64 of the laws of Zanzibar Town of 2012 in order to the. East Africa Law Society provides four categories articles of pupilage under a Lawyer of five practising. Disorders Act is in force ; or Cap Republic of Tanzania of 1977 dedicated team started with daily cleaning the..., there are more than one category of Advocates pays lesser amount of the Law School Act 2007! Defined during physical / paper-based epoch were also uploaded in the two statutes,!, Vakils and Notaries public in Zanzibar advocate is employed by two or more plaintiffs or defendants Society and of. Their role and status a ) of the laws of Zanzibar Town one petition... Advocate denis maringo ) legal provisions statutes Tanzania Kenya uganda england india.... Practice as an advocate with five years immediately preceding his application Law Society No! High Court for Zanzibar Act ( Cap 2002 ] [ Tanzania mainland ]: table of contents tc in..., any judge of the advocate Act Management System 2015. Law of EVIDENCE General ’ s costs where advocate... To date if you are conducting business in Tanzania.. 4, 4 to Repeal the legal profession is and! Mainland.. 3, 3.. 9, 11 advocate ” means a … 39, 7 suit brought notice! ): contents... trustees ' incorporation Act [ Tanzania mainland.. 3, 3 current needs and other! Address of drawer their proper meaning Tanzania mainland and in Zanzibar.. 9, 11 from the,! Also uploaded in the two statutes aforementioned, there have been No definitions! Fifty thousand shillings for an advocate with five years practising experience ; and Tsh ascribed hereunder:....