J A N U A R Y , 2 0 2 0 OUR NEWSLETTER

TANGANYIKA LAW SOCIETY EXCOM 2019 -2020

We would like to share with you some of thedevelopments that took place in the whole year2019 and shade some lights to the activities weendeavour to execute in this year 2020. As you all know, TLS has crafted and adopted thenew Strategic Plan 2020-2024 which will beguided by its Action Plan. The two instrumentscame into operation on January 1, 2020 with theAction Plan ending in 2022. During the entireperiod of our Strategic Plan and Action TLS will beoperating through its Chapters. Our Chapters will become key drivers of ouroperations in enhancing the rule of law, goodgovernance, enhancing diversity, expanding civicspace, accessing justice; and in assisting theJudiciary, Parliament in law making processes,government (both central and local government)in all angles.

NEW YEAR 2020 GREETINGSFrom the president of the Tanganyika Law Society,Governing Council and The Secretariat

NEW YEAR 2020GREETINGS, SUCCESSESAND CHALLENGES FOR2019

NEW TLS STRATEGICPLAN HINTS (2020-2025)

TLS-SIRD PROBONO/LEGAL AIDLAWYERS TRAINING

IN THIS ISSUE

OBITUARY

CALL FOR ARTICLES FORTHE TANZANIA LAWYERJOURNAL

JANUARY, 2020 C O N T . . .

In this regard, we are delighted to sharewith you some of our successes andchallenges ahead of us as follows: Successes and Plans for the Coming Years: A. Provision of Services to the Members1. TLS has been able to get an approval ofits TLS Law Reports with their full citationsthis now removes the doubts that was caston the Reports by some of the judges whoregarded them as unofficial Law Reports.Cases reported in TLS Law Reports now arecitable asother reported Law Reports;2. TLS has supported its members to renewtheir practising certificates and renewal oftheir membership status through electronicsystem. 3. TLS in collaboration with the Judiciary,TLS has facilitated the issuance of practisingcertificates on-line to its members thusreducing costs; 4. TLS has been able to honour andrecognise the services of long-servingmembers who turn 70 years of age by givingthem exemptions of paying subscription feesupon application;5. TLS has been able to issue IdentityDocuments (IDs) to all its members for 2019;6. TLS continues to post information in theWAKILI database, TAMS, and TLS website toinform members and the general public ontheir membership status, profile andlocation; 7. TLS developed the WAKILI databasewhere each member is registered and whereshe orhe is located; 8. In collaboration with the Judiciary TLSidentified members who serve in the publicservice and issued them with their owncategory of fees (Notary Public andCommissioners for Oaths);9. Removed members (about 250members) with unknown status from the Listof Members and added them to the DeceasedAdvocates List;

10. TLS negotiated and procured anaffordable health insurance scheme for itsmembers with National Health InsuranceFund (NHIF) at the rate TZS 1,056,000/- toeach of its subscribing members. Members ofthe TLS approved the procurement inSeptember 2019 during the Half AnnualGeneral Meeting (HAGM) in Arusha. Membersare encouraged to take advantage of thisscheme; 11. TLS tentatively approved the applicationby Kigoma and Mara members to establishChapters in their respective region. TheseChapters are expected to be fully-fledged in 2020; and 12. TLS continues to issue TLS MembersDirectory to the general public so as tomarket their members and their businesses. B: Protection of members1. TLS defended its members who gotarbitrarily arrested or charged for variousoffences by interceding for them in policestations andcourts;2. TLS actively participated in burialceremoniesof its departed members; 3. TLS in collaboration with the DeceasedAdvocates Trust Fund (DATF) providedfinancial condolences of TZS……… to thebeneficiaries of the departed members;4. TLS mediated cases of its membersagainst their clients on various ethicsmatters; 5. TLS has enhanced security on its IDscards that will be given to members for theyear 2020. The cards will have securityfeatures; and

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6. The Governing Council resolved tocentralize the issuance of notary publicstamps and to issue new notary publicstamps and seals with enhanced securityfeatures so as to curb the misuse and forgeryof notary public stamps which are sorampant at the moment and have put andstand to put many members into great risks; C: Provision of Legal Aid Services to thePublic 1. TLS provided legal aid services tomembers of the public at its Head Quartersand its 14 Chapters;2. TLS provided legal aid services tomembers of the public in various fora suchas the Law Day; Legal Aid Week, Sabasaba;Nanenane among many others;3. TLS provided legal aid services to inmatesand other accused persons through dockbriefs in the High Court’s District Registriescountrywide;4. TLS supported and protected the generalpublic on interpretation of the laws and incourts through radio programs, publications,trainings and strategic litigation cases; 5. TLS awarded CLE points to its memberswho provided legal assistance through docbriefs; and 6. TLS provided legal education to membersof the public through community radioprograms in all its 14 Chapters. D: Continued Legal Education to its Membersand Public at Large 1. Provision of CLE courses through TLSHQ, Meetings, Conferences, Meetings andAccredited CLE Providers;2. Provision of Legal Materials such as 2Journals of Tanzania Lawyer; 1 Legal AidJournal and publication of the TLS LawReports;3. TLS has provided Practising Notes to its members through CLEs and other means;4. TLS has diversified its CLE programs toinclude other professionals and experts so asto expand the competency of its membersand other professionals serving the generalpublic;

5. TLS has continued to provide 25 types ofSelf Help Kits to members of the generalpublic;6. TLS has provided education servicesthrough TLS website and database;7. TLS is in the final stages of establishing aProfessional Enhancement College that willbe a college of continuous legal educationthrough modularised courses both short andlong terms. E: Provision of Services to the Judiciary: 1. Attendance to Bench-Bar meetings atregular intervals in all 14 Chapters in thecountry; 2. Representation of members’ in variouscases at all courts, arbitration; centres andmediation bodies;3. Actively participated in variousfunctions of the Judiciary such as the LawDay and Sabasaba;4. Continued to supply legal materials andjudgements through TLS publications such asTLS Law Reports, and Journals; 5. Formed the Arbitration Centre-TheTanzania Arbitration Centre (TIAC) whichwill mediate and arbitrate disputes betweenmembers of the general public on pro bonoand commercial rates;6. As already reported above, TLSsupported the Judiciary in renewal ofmembers’ practising certificates. So far atotal of 1,559 advocates have renewed theirpractices. F: Advising the Parliament on Law MakingProcesses 1. TLS participated in the provision ofexpertopinions on 17 bills before they wereenacted into laws. Thus TLS has lived up toits mission of representing the public in lawmaking processes before the NationalAssembly by presenting position papers andcommentaries on BIlls before they werepassed;

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2. TLS presented expert opinions on 3international conventions before theywere ratified into laws; 3. TLS supported the Parliament toreview the National Budget and providedits position; 4. TLS supported individual members ofthe Parliament to review bills and comeout with proper comments on the Billsduring Parliamentary debates; 5. TLS strategically, supported capacitybuilding to other stakeholders in the civilsociety organisations and trade unionson the law making process and bills’analysis. G: Provision of Advisory services to theGovernment 1. TLS through a co- creation approachhas been able to develop a policy brief onthe reform of Criminal Justice System inTanzania and presented it to theGovernment’s Working Team for itsnecessary action; 2. TLS’s representatives in variousgovernment bodies continued to offerprofessional advice as members in thosestatutory boards and committees; 3. Issued a total of 6 press statements toadvise and inform the Government onproper administration of justice invarious areas where there wereapparent violations of the law by thosevested with power; 4. TLS supported the Government inprovision of legal aid services to thepublic through various fora starting fromits legal aid centres, annual events suchas the Legal Aid Week, and dock briefrepresentations; and

5. TLS provided advisory services to theGovernment’s ministries and agencies,Judiciary, and Parliament throughcourtesy visits paid by the members ofthe Governing Council, TLSRepresentatives, Committees, andChapters. H: Institutional Development 1. TLS developed and approved a newTLS Strategic Plan 2020-2024 and itsStrategic Action Plan 2020-2022; 2. Completed the registration/formationof TLS/Wakili Trust to safeguard andmanage its properties; 3. TLS finished the construction andinaugurated the Wakili House which isTLS’S home; 4. TLS acquired lands in Dodoma,Mtwara, and Mbeya; 5. TLS reviewed its engagement withsister bar associations in eastern Africa,southern Africa, in the Africa, Europe,North America and Asia with a view ofstrengthening its relationship andexpand the resource mobilization base; 6. TLS conducted two statutory Annualand Half General meetings in April andSeptember 2019, respectively; 7. TLS conducted its annual elections andinstalled its leaders as required by law; 8. To enhance access to information to itsmembers and public at large, TLS re-constructed its website, expanded itscapacity and from now onwards it is ableto publish all its information in thewebsite regularly

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2. TLS enhanced the formation of variousTLS Committees (17 committees) enabledmembers to engage in the implementationof its activities; 3. TLS will soon put in place a volunteerpolicy that will enable and enhancemembers’ participation in implementationof all TLS activities; 4. TLS will, immediately from 2020financial year, recruit law firms and ororganisations to support theimplementation of its activities onvoluntary and retainer basis; and 5. TLS has expanded the scope ofmembers from individual membership tolaw firms and CSOs working on rule oflaw and access to justice. Challenges 1. In the process of reviewing itsfounding Act, the Tanganyika LawSociety Act, the TLS Governing Counciland as an institution as a whole faced achallenge of receiving a new bill thatproposes to amend the TLS Act. The amendments seek to, inter alia,introduce a representative generalmeeting, which will be empowered toelect TLS leaders. TLS being a membership society sees thisproposal a danger to it and will divorcemembers from their Society. Its leaderswill be far removed from the membersand can easily be manipulated by outsideforces. The Governing Council met this threat byasking all Chapters to deliberate on theproposed amendments which will becollated and submitted to the relevantorgans to avertthis legislative calamity;

9. TLS will review all its policies, regulationsand rules to align with the current StrategicPlan 2020-2024 and Strategic Action Plans2020-2022; and 10. TLS will put in place a CommunicationStrategy that will enhance its communicationto its members and all its stakeholders; I: TLS Financial Compliance andEnhancement 1. TLS will regularly conduct quarterlybudget performance review and inform itsmembers so as to match the income andservices provision to its members; 2. TLS has established an endowment fundthat will be generated from its generalbudget to support long-term projects andunpredicted events; 3. In making sure that TLS funds areproperly managed, TLS maintained andbenefited from the advice of its AuditedCommittee; 4. TLS adopted best practice for the positionof the TLS Honorary Treasury and ensuredthat anyone serving in such a position has tohave an experience of at least 10 years in theaudit /accounting practice; 5. Expanded the financial base of incomefrom TZS 4.8 billion in this year to TZS 12billion in 2020 through identification andtapping resources from new funding sourcesand development partners; and 6. Timely developed the institutional budgetfor 2020. J: Enhance Membership Participations in TLSActivities 1. TLS ensured adequaterepresentation of Chapters in thedevelopment of the TLS Strategic Plan2020-2024 and Strategic Action Plan 2020-2022;

J A N U A R Y , 2 0 2 0 CONT...

2. In the Government’s quest to controleconomic sabotages and corruption,some TLS members have been arbitrarilyarrested by police and charged or joinedby their clients in money launderingcases. Money Laundering charges havebeen slapped on advocates withoutequivocation by the prosecution asweapon to cow them into submissioneven to threaten them from representingtheir clients. Other advocates slappedwith money laundering offenses havebeen forced to take a plea bargain eventhough the prosecution has no evidenceto prove its case against them. This athreat to legal practice in Tanzania thatmembers are invited to marshaltogether their skills, intellects, energyand time to combat. 3. TLS representatives in statutorybodies have not been proactive to reportback to TLS on how they are dischargetheir functions in those bodies and howthey are representing TLS’s positions.The Governing Council will work hard tomeet with these members to appraisethem of their roles and responsibilities; 4. The Society is in a huge challenge offake advocates commonly known asVishoka and unethical lawyers whodeliberately misuse their notary publicstamps by giving them to unqualifiedindividuals to administer oaths, notarizeand certify documents, in busy placessuch as The Immigration Department,Tanzania Revenue Authority andNational Identification Authority . TLS iscooperating with law enforcing organsto net all those involved in these acts. 5. Non-payment of TLS’s subscriptionsfees by some of the members is agrowing problem. TLS cannot serve itsmembers well if its members are notprepared to pay their fees. A members’society is supposed to be funded by itsmembers.

Members who fail to pay their fees willautomatically be prevented frompractising law in the country. 6. Inactive participation of members in international fora. TLS is a member of the EALS and SADC. In both, TLS ranksecond after Kenya and South Africanrespectively in number of members!However, TLS members are the last inparticipating in these societies meetingsand activities. The least participation inthese societies denies TLS members thebenefits offered by regional integrationand cross-border practice. All in all we as members of the legalfraternity in Tanzania we should look thecoming year 2020 we renewed optimismand sense of purpose. We shouldunflinchingly confront the dark forces thatare threatening the rule of law in ourcountry, we should strive to represent ourclients competently and courageously,expose those who violate the law, orabuse their powers and make TLS morerelevant to the lives of ordinaryTanzanian. We should never give in tothose who tell us to look the other waywhen those in power violate theConstitution and the laws of the land. Weshould also file public interest cases tovindicate our constitutional democracy.

The Tanganyika Law Society (TLS) is the Bar association of Tanzania Mainland. TLS wasfounded in 1954 by an Act of the Legislative Assembly i.e. the Tanganyika Law SocietyOrdinance 1954. The Tanganyika Law Society is currently governed by the Tanganyika LawSociety Act, Cap 307 R.E. 2002, which repealed the earlier legislation and has been amendedfrom time to time. Section 4 of the TLS Act provides for wide range of TLS objectives whichinclude the inward looking objectives and the outward looking mandate, 1.1 Mandate on TLS Membership· to represent, protect and assist members of the legal profession in Tanzania as regardsconditions of practice and otherwise;· to maintain and improve the standards of conduct and learning of the legal profession inTanzania;· to facilitate the acquisition of legal knowledge by members of the legal profession. 1.2 Mandate to the Tanzanian Public· to protect and assist the public in Tanzania in all matters touching, ancillary or incidental tothe law;· to maintain and improve the standards of conduct and learning of the legal profession inTanzania;· to facilitate the acquisition of legal knowledge by others. 1.3 Mandate to the Tanzanian Government and Judiciary· to assist the Government and the Courts in all matters affecting legislation, and theadministration and practice of the law in Tanzania;· to maintain and improve the standards of conduct and learning of the legal profession inTanzania; 1.4 Mandate in TLS Self-Sustainability· to acquire, hold, develop or dispose of properties of all kinds, whether movable orimmovable, and to derive capital or income from them, for all or any of the foregoing objects;· to raise or borrow money for all or any of the foregoing objects in any manner and uponany security which may from time to time be determined by the Society;· to invest and deal with moneys of the Society not immediately required in any mannerwhich may from time to time be determined by the Society;· to do all other things which are incidental or conducive to the attainment of the foregoingobjects or any of them. Our Vision To become an independent bar association for a just society. Our Mission To create a conducive environment for the legal fraternity, facilitatethe acquisition of legal knowledge, represent, promote and protect Members; tosupport the State Organs in legislation and administration of rule of law; andassist the Public to access justice in sustainable professional standards.

NEW TLS STRATEGIC PLAN HINTS (2020-2025)

SIRD PRO BONO/LEGAL AID LAWYERS TRAINING

The Tanganyika Law Society (TLS) incollaboration with the Canadian BarAssociation (CBA) under a five-yearproject (Supporting Inclusive ResourceDevelopment in East Africa (SIRD)) aimingto increase sustainable economic growthfor East Africans; in particular, womenand vulnerable groups, affected byextractive industries conducted a twodays training for Pro Bono /Legal AidLawyers. The training equipped private lawyersoffering pro bono legal services and legalaid lawyers in Tanzania with pragmaticlegal knowledge and best practices (skills)that will enable them to provide inclusiveand gender responsive representation ofhost communities affected by theoperation of extractive industries. The ultimate objective of this training is toreduce harms and maximize positiveoutcomes for women and communitiesaffected by mining, oil and gas industries.

Speaking during the opening remarks, TheTanganyika Law Society Chief ExecutiveOfficer, Advocate Kaleb Gamaya said that, the session examines the substantive andprocedural laws relevant to extractiveindustry and legal aid practice in the hostcommunities. And that includes but notnecessarily limited to; Intersecting genderconsiderations and responsiveness across theextractive sector, community consultation andengagement, Land acquisition, resettlementand compensation and communitygrievance/dispute resolution mechanisms”. Also lawyers reconnoitered the specialpractice skills on dealing with vulnerable andmarginalized people: such as Traumainformed lawyering that deal with clients whohave had trauma, like victims of violence,illiterate clients or clients who cannot speakEnglish, clients with diminished mentalcapacity or clients with mental healthproblems who cannot properly instruct theiradvocate.

Professional responsibility and ethicalconsiderations when dealing with vulnerablegroups was the key area that was discussedby the trainer, Aisha Sinda.The training also focused on general legalpractice skills when dealing with vulnerablegroups like how to interview vulnerableclients effectively, how to prepare simple buteffective written pleadings, how to writecontracts, and how to do effective advocacy incourt.

The Editorial Board of theTanzanian Lawyer inviteslegal scholars andpractitioners to submitarticles and essays on areasof the law that are currentlyof interest to the legalprofession. The Tanzanian Lawyer is theofficial Journal of theTanganyika Law Society, thepremiere Bar Association forMainland Tanzania.

I N C A S E Y O U M I S S E D I T ! I N A U G U R A T I O N O F T A N G A N Y I K A L A W S O C I E T Y W A K I L I H O U S E B Y H I S

L O R D S H I P H O N . P R O F . I B R A H I M H A M I S J U M A , T H E C H I E F J U S T I C E O F U N I T E DR E P U B L I C O F T A N Z A N I A .

C A L L F O R A R T I C L E S F O R T H E T A N Z A N I A L A W Y E R J O U R N A L

It should be noted that the Journal is also publishedinternationally through Lexis Nexis who are thepublishers, and for the advocate submitting his or herarticle will be accorded two (2) CLE points to thateffect. Submissions are accepted on a rolling basisthroughout the year. The manuscripts that areconsidered for publication have to meet the Journaleditorial criteria. Kindly find the attached editorialpolicy and in house style for your guideline.

We encourage members of theTLS and other Scholars toutilize this platformeffectively by submittingarticles and other writings asearlier as possible so as togive enough reviewing time toInternal and Externalreviewers. Electronic submission shouldbe sent through publication@tls.or.tz For more clarifications, youmay contact Ms. BeatriceCherdiel through0779626280 or via e-mailprovided above.

Some of the topics were; Introduction to identity theft and moneylaundering - Mr. Samuel Waweru fromKenya School of Government. Conflict resolution and management at theworkplace - Prof. Wariara Kariuki –Lecturer from Jomo Kenyatta University. Legal and practical considerations inInsurance compensation Claims and DisputeResolution - Mr. Aderickson Njunwa. Forex, cryptocurrency and CFDs;fundamental precepts - Mr. Adams Fupi – Aguru in foreign exchange market Money Laundering and Terrorist FinancingRisk Assessment by Lawyers: Practical Tipsand Tools -Dr. Wilbert Kapinga How to prepare legal opinion for loansyndications and majority shareacquisitions - Dr. Eve Hawa Sinare and Preparation of legal documents inassurance of municipal bonds and capitalmarkets -Mr. Jonathan Andrew SallangaNjau

I N F O R M A T I O N F R O M C L E D E S K

TLS conducted 13 remedial seminars in Dares Salaam and Kilimanjaro; the saidseminars were targeted to members whohad insufficient CLE points in the year 2019to enable them to attain 10 CLE points and to renew their practicing certificate for theyear 2020. A total of 792 members attended thementioned seminars. It is our sincere call to members to attendregular CLE’s effectively so as to avoidunnecessary inconvenience during therenewal of practicing certificate.

A d v o c a t e C h i e l d r i c k J a r i b u n iK o m b a , R o l l N u m b e r 6 0 6 w h op a s s e d a w a y o n 2 n d F e b r u a r y ,2 0 2 0 a t M u h i m b i l i H o s p i t a l i nD a r e s S a l a a m d u e t o s i c k n e s s , A d v o c a t e H i l d a G o r d i a nS o k o , R o l l N u m b e r 3 1 7 4 w h op a s s e d a w a y o n 2 5 t h J a n u a r y ,2 0 2 0 a t O c e a n R o a d H o s p i t a l i nD a r e s S a l a a m d u e t o s i c k n e s s ,

OBITUARYI t i s w i t h d e e p r e g r e t t h a t w e i n f o r m y o u o f t h e d e a t h o f T L Sm e m b e r s t h a t h a p p e n e d i n J a n u a r y 2 0 2 0 a s f o l l o w s ,

A d v o c a t e B e r n a r d A n d i n d i l i l e ,R o l l N u m b e r 6 8 2 4 w h o p a s s e da w a y o n 2 6 t h J a n u a r y , 2 0 2 0 a tK C M C H o s p i t a l i n M o s h i d u e t os i c k n e s s .

A d v o c a t e A p o l l o J . M a r u m a , R o l lN u m b e r 4 4 3 w h o p a s s e d a w a y o n1 8 t h J a n u a r y , 2 0 2 0 a t K C M CH o s p i t a l i n M o s h i d u e t os i c k n e s s .

M A Y T H E A L M I G H T Y G O D R E S T T H E I R S O U L I N E T E R N A L P E A C E , A M E N .

T H E E N D - T H A N K Y O U