0000009642 00000 n 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 … Since then we have continuously expanded our activities. 18 of 2007. ��e�O�fD�ɹ�C@.��t�v�b����p�\e>�-�)� �>�wk�(��:: �T��c���c Revised legislation carried on this site may not be fully up to date. [33]His name may be removed from the Roll either by the request from practicing members himself or otherwise and in that regard he shall immediately cease to be a member of the Society.[34]. THE QUALIFICATION PROCESSES OF ADVOCATE IN ZANZIBAR AFTER THE ENACTMENT OF ACT NO. the Advocates Act and Other Matters Related Thereto. 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. There are more than one category of unqualified advocates which this position paper is addressing. 42. [11] An Act to Repeal the Legal Practitioners Decree Cap. CATEGORIES OF ADVOCATE IN OTHER JURISDICTIONS. 28 and the Notaries Public Decree Cap. POSITION PAPER IN RESPECT OF ADVOCATES AND THEIR CATEGORIES IN TANZANIA, 2. 1 OF 2020. posted by denis maringo at 8:27 am. 46. CONCLUSION AND RECOMMENDATIONS. Elections in Zanzibar are always contentious and often violent. [23] See section 64 of the Advocate Act No. 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. 3. TAMWA’s Mission is to advocate for women and children’s rights by conducting awareness raising activities for cultural, policy … 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. Zanzibar Revenue Board (ZRB) - Bodi ya Mapato Zanzibar, was established under the ZRB Act No. 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 trailer <<791421E887FC4024A48C73893F2B41BD>]/Prev 271571/XRefStm 1550>> startxref 0 %%EOF 1957 0 obj <>stream 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 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”. S. 2 of Act No. legal provisions (advocate denis maringo) legal provisions statutes tanzania kenya uganda england india zanzibar . He has been in continuous practice as an advocate in Kenya, Uganda or Zanzibar during the five years immediately preceding his application. In January 2007, it attained its own separate registration. There are currently no known outstanding effects for the Zanzibar Act 1963. 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. The Judiciary Administration Act No. 99 of 1919 Business Entities Registration Act 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. This Act shall apply to Mainland Tanzania. Legal Practitioners Rules GN 239 of 1946. 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. [23] Some of the laws repealed are:-, In the cause of a need to practice in Tanzania Mainland, Tsh. [31] See Section 13 (4) (a) of the Advocate Act of the Advocate Act and Section 22 (2) and Section 3(2) (b) of Notaries Public and Commissioners for Oaths Act, Cap. [4]  In Tanzania there are differences qualifying processes and procedures between candidates who graduated their Bachelor of Laws Degrees before and after 2007. The essence is to make sure that the public understands better different categories of advocates in Tanzania, their role and status. 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. Legal practice in Kenya is governed by the Advocates Act, Cap 16 of the laws of Kenya. 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. 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; 1 OF 2020. 345 r.e., 2002][tanzania mainland]: table of contents tc. 3, r.e. 0000001550 00000 n (l) This Act may be cited as the Election Act, 1984. 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. 28 and the Notaries Public Decree Cap. Other qualifications as the Chief Justice may prescribe. saturday, july 11, 2015. law of contract act (cap. 12/2002. 1. 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” 0000004801 00000 n Therefore, Zanzibar has its own laws governing the legal profession. 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. The opposition in the semi-autonomous Indian Ocean archipelago claims, with backing from international observers, that the ruling party has cheated its way to victory in every poll since 1995, the first vote since the reintroduction of multiparty elections. 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, […] 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. 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. THE QUALIFICATION PROCESSES OF ADVOCATE IN ZANZIBAR BEFORE THE ENACTMENT OF ACT NO. 29 and Enact. If you are conducting business in Tanzania, a consultation with a Tanzanian Lawyer is highly recommended. 0000007752 00000 n 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. Any person who has the qualifications prescribed by the Advocates Act is entitled to be registered as an Advocate in Tanzania. 12 of 2012 362 of 2017 and GN No. 150 The Registration of Documents Decree Cap. The categories defined during physical / paper-based epoch were also uploaded in the Tanzania Management System. 0000142905 00000 n 41. DIFFERENT CATEGORIES OF ADVOCATES IN TANZANIA. 225 of 1967] Acts Nos. 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. 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. 7 of 1996 as the prime agency of the Government of Zanzibar for collection and administration of all taxes from Inland Revenue sources other than customs, excise and income taxes that are administered by the Tanzania Revenue Authority (TRA). 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. LAWS GOVERNING ADVOCATES IN ZANZIBAR.. 9, 11. 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. Interpretation 3. 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. This category of Advocates pays lesser amount of the annual subscription fee to the Law Society and to the Registrar. 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. 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 . Omar Othman Makungu akipokea heshima kuashiria kuanza kwa mwaka mpya wa Mahkama. 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 […] Registrar to record consent order on payment of filing fee. 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. 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. This Act may be cited as the Evidence Act. 15, 14. Penalty for unqualified persons preparing certain instruments. 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. 39. 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. 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. 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