The Categories however need to be mitigated to suit the current needs and eradicate other categories which seem to be of less significance. Upon completion of the requisite academic and practical training one can petition to the Chief Justice for admission to the bar. In New South Wales, after admission to the Australian legal profession as an Australian Lawyer, one can apply for practicing certificate depends on his choice/category of practicing. Except as otherwise provided in any other law this Act shall 0000048583 00000 n 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. 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:-. 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. 225 of 1967] Acts Nos. Instruments to be endorsed with name and address of drawer. CONCLUSION AND RECOMMENDATIONS. [1] The Advocates Act[2] requires the Registrar of the High Court of Tanzania to keep a Roll of Advocates. 0000002869 00000 n 0000010514 00000 n 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. 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. The Tanganyika Law Society Act, (herein after referred as TLS Act) and the Tanganyika Law Society (Annual Subscription Regulations) of  2017 describes four categories of membership. 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. The National Prosecution Services Act, No. POSITION PAPER IN RESPECT OF ADVOCATES AND THEIR CATEGORIES IN TANZANIA, 2. h�b```b``y������� Ā B@16���@G���� � W�&���!�A��ˇ�C�� ��}!��r��bh��0>a8Ѱp����t�ĝ hf�$��LhT�ܓ�rE"�Y�r���b��^���ɕ�cr��L�TY�8�81�#�s˝үr�=y�W8���.�*_i�g2ረ`�FB��)��1��9� �\���v���XK�D�S��J�˥Gf�E���PY�()Ш8�R��+�FPC@.�����K@�YM"Sr��>�0���K���f�� 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:-. (1) In this Act unless the context otherwise requires:- 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. 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. Zanzibar Business and Property Registration Agency (BPRA) is a Government Institution based in Zanzibar. 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. 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 registration number is 493 under Zanzibar Society Act No. Company Registration in Tanzania. Our dedicated team started with daily cleaning at the central market and public areas of Zanzibar Town. There are currently no known outstanding effects for the Zanzibar Act 1963. 6 of 1967 5 of 1971 9 of 1980 4 of 1998 21 of 2002 15 of 2007 CHAPTER I PRELIMINARY PROVISIONS Short title 1. 0000004235 00000 n 0000003699 00000 n 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. The Constitution of the United Republic of Tanzania of 1977. At the International Child Rights Conference in Zanzibar on sharing best practice and policy on child protection, justice and participation, convened by the World Future Council with the support of Ministry of Labour Empowerment Elders Youth Women and Children of the Revolutionary Government of Zanzibar; We, representatives, nominated by our ministries, and policymakers from Ghana, […] email this blogthis! 362 of 2017 and GN No. THE EVIDENCE ACT An Act to declare the law of evidence. 0000008765 00000 n This Act may be cited as the Advocates Act, 2019 and shall come into operation immediately after being assented to by the President. Further, deceased and unknown categories of Advocates are neither no longer useful at the material time nor need to be portrayed in the system. 12 of 2012 No. 0000092903 00000 n THE QUALIFICATION PROCESSES OF ADVOCATE IN ZANZIBAR BEFORE THE ENACTMENT OF ACT NO. Zanzibar’s special departments. New member-led initiative will advocate for local constituents Mayor of Zanzibar and ZALGA chairperson, Khatib Abdulrahman Khatib, officiated the launch held July 30, 2017, at the Annual General Meeting in Zanzibar. 3. However, an advocate who fails to obtain a practising certificate within six months after the expiration of the last certificate issued to him shall, upon being granted leave to renew the certificate out of time, pay the fees for renewal of the certificate plus half that the amount as penalty for default: Provided that the Chief Justice may upon good cause being shown, waive the penalty. There are more than one category of unqualified advocates which this position paper is addressing. 2. 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”. (l) This Act may be cited as the Election Act, 1984. The uncertainties/differences resulted in terms of words used to categorize these Advocates such as practicing Advocates, non-practicing Advocates, whether Suspended or Suspending Advocates from practicing, Deferred Advocates, Struck off Advocates, Deceased Advocates and Advocates whose current status are Unknown. 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. 5, 5. h���A 0ð4�Ft\Gcw��������z�C. 1929 0 obj <> endobj xref 1929 29 0000000016 00000 n So much of ss. Other qualifications as the Bar Council may prescribe. 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. 0000004145 00000 n The Law School of Tanzania Act No. Zanzibar Revenue Board (ZRB) - Bodi ya Mapato Zanzibar, was established under the ZRB Act No. ………………12, 13. 0000008205 00000 n [4]  In Tanzania there are differences qualifying processes and procedures between candidates who graduated their Bachelor of Laws Degrees before and after 2007. posted by denis maringo at 8:27 am. Elections in Zanzibar are always contentious and often violent. 39. 2. Changes to Legislation. [21] GN. 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. This Act shall apply to Mainland Tanzania. 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. 29 and Enact. 0000001931 00000 n trailer <<791421E887FC4024A48C73893F2B41BD>]/Prev 271571/XRefStm 1550>> startxref 0 %%EOF 1957 0 obj <>stream … S. 2 of Act No. In January 2007, it attained its own separate registration. 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]. [23] See section 64 of the Advocate Act No. 0000143185 00000 n CATEGORIES OF ADVOCATE IN OTHER JURISDICTIONS. [23] Some of the laws repealed are:-, In the cause of a need to practice in Tanzania Mainland, Tsh. 2 and the Notaries Public Decree Cap. 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. 12/2002. No. 344 of 2019. The Notaries Public Decree Chapter 29 of the laws of Zanzibar. The essence is to make sure that the public understands better different categories of advocates in Tanzania, their role and status. 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. 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. Registrar to record consent order on payment of filing fee. No. 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. 345 r.e., 2002][tanzania mainland]: table of contents tc. The categories defined during physical / paper-based epoch were also uploaded in the Tanzania Management System. Jurisdiction Act, I89o," apply to Zanzibar as if Zanzibar were a British Colony or Possession, subject to slight modifications. 0000002335 00000 n Offences by bodies corporate. 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. 1 of 2020 - Zanzibar. 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 … 0000009927 00000 n 248) relating to management and administration apply; or, without having paid a penalty or costs ordered by the Disciplinary Committee to be paid by him; 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. These category of Advocates are those who become members of the Tanganyika Law Society from the date their practicing Certificate is issued subject to any provision of the law . 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. 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. In that regard, the Office of  Registrar, High Court of Tanzania sought it is pertinent  to  mitigate categories of Advocates  which appears on the system  in view  of Managing  Advocates in Tanzania and  have in place categories that  are in line with  Advocates Act and The Tanganyika Law Society  and categories  that can be easily  understood by the public. 41. 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” 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. 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 THE QUALIFICATION PROCESSES OF ADVOCATES IN TANZANIA MAINLAND.. 3, 3. 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. Different   statutes governing Advocates in Tanzania has given various categories of Advocates. He has been in continuous practice as an advocate in Kenya, Uganda or Zanzibar during the five years immediately preceding his application. 3, r.e. a Zanzibar subject by descent if his father is a Zanzibar subject at the time of the birth: Provided that if the father of such person is a Zanzibar subject by descent only, that person shall not be a Zanzibar subject by virtue of this section unless the birth is registered under the provisions of the 13 of 2012 in order to replace the functions of The Registrar General’s Office (RGO). Laws governing Professional Conduct and Ethics in Tanzania mainland (Advocates (Professional Conduct and Etiquette) Regulations, 2018. 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. Costs where same advocate is employed by two or more plaintiffs or defendants. Unqualified person not to act as advocate. 6 of 1995 The Business Names Registration Decree Cap 168 The Transfer of Properties Decree Cap. 15 OF 2013, in Tanzania Mainland and in Zanzibar respectively, herein after referred as the Acts. 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. 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. legal provisions (advocate denis maringo) legal provisions statutes tanzania kenya uganda england india zanzibar . This Act shall apply to all advocates, Vakils and Notaries public in Zanzibar. 21. 4 of 2008 The Societies Act. He is found liable for misconduct by the Chief Justice, any Judge of the High Court or the Advocates Committee. Ceasing practicing in this jurisdiction is quite simple as it requires notification to the Law Society of New South Wales in writing and allows for refund in certain circumstances. 6 of 1986, as amended by Act No. 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 […] Click a business title below for a description and contact information for each business listed. “Subject to subsection (3) and to section 28(5), subsection (2) shall have effect where an advocate applies for a practicing certificate; when for twelve months or more he has ceased to hold a practicing certificate in force; 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 removed from or struck off from 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 practicing certificate in force within twelve months next following the date of his admission as an advocate; or, whilst he is a person to whom the powers and provisions of the Mental Health Act (Cap. 0000010399 00000 n 0000001765 00000 n As hinted above, there have been no prior definitions in terms of different categories of advocates in Tanzania and their proper meaning. 12 and Section 7 (3) of the, High Court: Corruption and Economic Crimes Division, Final - Position Paper on Advocates Categories- Working Document 14th Dec, 2020 (1).docx. 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