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. 44. Laws governing Professional Conduct and Ethics in Tanzania mainland (Advocates (Professional Conduct and Etiquette) Regulations, 2018. In January 2007, it attained its own separate registration. Elections in Zanzibar are always contentious and often violent. 3. Revised legislation carried on this site may not be fully up to date. 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�� Upon completion of the requisite academic and practical training one can petition to the Chief Justice for admission to the bar. 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. Interpretation 3. 4 of 2011. Application 2. 27 of 2008. 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. The Legal Practitioners Decree Chapter 28 of the laws of Zanzibar. Any person who has the qualifications prescribed by the Advocates Act is entitled to be registered as an Advocate 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. This Act may be cited as the Advocates Act, 2019 and shall come into operation immediately after being assented to by the President. The registration number is 493 under Zanzibar Society 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 46. 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. The Law School of Tanzania Act No. The Advocate Act and Rules prohibits any kind of making one's business known to the public or such other means referred to advertising or self promotion by an advocate. (b) four hundred thousand shillings for any other case. 42. No advocate’s costs where suit brought without notice. Since then we have continuously expanded our activities. The Attorney-General, Parliamentary Draftsman and State Attorneys, for the time being residing in Tanzania, and any other person duly qualified to hold office in the Attorney-General's Department; Any person holding office in a local government authority; The Registrar-General, Administrator-General, Public Trustee, Official Receiver; Land Officer and any person holding office in the department of the Registrar-General, Administrator-General, Official Receiver or the Land Office; Any other legally qualified person, for the time being resident of Tanzania, as may from time to time be determined by special resolution. Hotel levy on tourist vessels Hotel levy on tourist vessels: The Act has included the term “tourist vessel” under section 3(2) of the Hotel Levy Act 1995. Ø��J�p%LJaw,�@��X�&����j\.AV�d��JjiHn � s(� 344 of 2019. 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” [23] See section 64 of the Advocate Act No. BPRA was established under Act No. Under the Advocate Act,[28] it provides for the category of unqualified Advocates basing on different circumstances. There are currently no known outstanding effects for the Zanzibar Act 1963. 0000003699 00000 n 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:-. 100,000/= one hundred thousand shillings for an advocate with five years practising experience. 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. 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. 345 r.e., 2002][tanzania mainland]: table of contents tc. In this Act, unless the context otherwise requires: “Advocate” means a … The Zanzibar Industrial Property Act No. [11] An Act to Repeal the Legal Practitioners Decree Cap. In the two statutes aforementioned, there are several categories of advocates detailed in there as ascribed hereunder:-. 2002): contents ... trustees' incorporation act [tanzania] (cap. [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]. 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. 29 and Enact. CONCLUSION AND RECOMMENDATIONS. Zanzibar’s special departments. LAWS GOVERNING ADVOCATES IN TANZANIA.. 8, 7. Therefore, Zanzibar has its own laws governing the legal profession. Different statutes governing Advocates in Tanzania has given various categories of Advocates. 43. 3/2004. 0000002869 00000 n 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. 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. "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. 1 OF 2020. 0000010399 00000 n @]f�2E@Z����J20V3�e��$�����!�q �^�}��0�3|creda��%�S+��=awR*���=E���O1c�apg��X �P�,"������w�ia��i�l���X Registrar to record consent order on payment of filing fee. 0000001931 00000 n 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. 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 … … 12 of 2012 Company Registration in Tanzania. TAMWA’s Mission is to advocate for women and children’s rights by conducting awareness raising activities for cultural, policy … 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. 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. TAMWA’s Mission is to advocate for women and children’s rights by conducting awareness raising activities for cultural, policy … 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. 1 OF 2020. 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. 0000010514 00000 n 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. So much of ss. 150 The Registration of Documents Decree Cap. 6 of 1995. 29 and enact the Advocates Act and other matters related thereto. Interpretation. 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. 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. THE EVIDENCE ACT An Act to declare the law of evidence. 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. No. 225 of 1967] Acts Nos. 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:-. 29 and Enact. In January 2007, it attained its own separate registration. 0000009036 00000 n legal provisions (advocate denis maringo) legal provisions statutes tanzania kenya uganda england india zanzibar . 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. 15 OF 2013, in Tanzania Mainland and in Zanzibar respectively, herein after referred as the Acts. the Advocates Act and Other Matters Related Thereto. 6 of 1995. 1929 0 obj <> endobj xref 1929 29 0000000016 00000 n 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. 0000143185 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. 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. He is found liable for misconduct by the Chief Justice, any Judge of the High Court or the Advocates Committee. 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. Act 2019 of Zanzibar (“the Act”) was assented on 28 June 2019 and is effective from 1 July 2019. THE QUALIFICATION PROCESSES OF ADVOCATE IN ZANZIBAR AFTER THE ENACTMENT OF ACT NO. 39. 0000004801 00000 n ��e�O�fD�ɹ�C@.��t�v�b����p�\e>�-�)� �>�wk�(��:: �T��c���c 0000117691 00000 n A person who is not a practitioner enrolled in Tanzania Mainland upon special permission by the Chief Justice can be allowed to appear and prosecute or defend a specific case. 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. This Act shall apply to all advocates, Vakils and Notaries public in Zanzibar. The essence is to make sure that the public understands better different categories of advocates in Tanzania, their role and status. Violence after balloting in 2000 killed dozens and displaced hundreds from their homes. 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. Tanganyika Law Society Act describes two circumstances where an Advocate may be removed from the roll, that is;[31]. 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. 41. 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. 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]. 0000016535 00000 n 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. The Advocates Remuneration Order GN 264 of 2015. PROPER MEANINGS OF CATEGORIES OF ADVOCATES. 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. 12/2002. 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. A person who desires to be registered as an advocate in Tanzania must petition to the Chief Justice. saturday, july 11, 2015. law of contract 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. These two categories may be worthwhile to be placed in Inactive Category of advocates and not exposed to TAMS Dashboard. 18 of 2007. 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. Jaji Mkuu wa Zanzibar Mhe. Changes to Legislation. 0000001765 00000 n 2. 0000092903 00000 n 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. Legal Practitioners Rules GN 239 of 1946. Zanzibar Business and Property Registration Agency (BPRA) is a Government Institution based in Zanzibar. Office of the Attorney General (Discharge of Duties) Act, 2005. 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