Tanzania:Legal System Faces Unprecedented Challenges: Lawyers, Ethics, and Freedom in the Spotlight

By Adonis Byemelwa

In a series of developments, prominent Tanzanian lawyers, including Mpole Mpoki, Fatma Karume, and Dr. Lugemeleza Nshala, have recently raised serious concerns about the state of legal freedom in the country.

Allegations of ethical committee interference, lawyer suspensions, and challenges to the judicial system have sparked a heated debate within the legal community.

Former TLS President Dr. Lugemeleza Nshala highlighted apprehensions regarding the purported influence exerted by Tanzania's advocates' ethics committee on judges, positing a potential compromise of legal freedoms. He underscored the imperative for legal practitioners to establish an autonomous ethics committee devoid of political intervention.

Lawyers Boniface Mwambukusi and Mpole Mpoki faced license revocations or suspensions following their defense against the controversial contract between the Tanzanian government and DP World. Dr. Nshala linked these actions to lawyers standing against such agreements.

Dr. Nshala cited statements from politician Humphrey Polepole, suggesting collaboration with the advocates' ethics committee to penalize rule-violating lawyers. This comes amid accusations of politically motivated suspensions and license revocations.

Fatma Karume criticized the treatment of lawyers in Tanzania, blaming the dysfunctional legal system for citizens seeking assistance from politicians. She called for a proactive approach to avoid systemic red tape and delays in addressing grievances.

Chief Justice Prof. Ibrahim Hamis Juma, in a recent statement, conveyed his concern regarding complaints received by judges about independent lawyers employing inappropriate language during court proceedings. He stressed the importance of the Tanganyika Law Society (TLS) taking proactive disciplinary measures before such concerns are raised by the judges themselves.

Suspended lawyer, Mpole Mpoki, announced plans to file eight legal cases, including a constitutional challenge, against his suspension. He accuses the ethics committee of obstructing legal freedoms and vows to seek justice in the High Court.

"Engaging in legal practice is my profession," asserted the senior counsel. "An unwarranted suspension like mine, which disregards the prescribed process, is a breach of the nation's constitution. This suspension has also infringed upon my right to life because, without work, sustaining a livelihood becomes challenging."

Mr. Mpoki intends to initiate another constitutional case in the High Court challenging certain provisions in the Advocates Act. He contends that these sections violate the fundamental rights of advocates.

TLS President Fatma Karume raised concerns about lawyers being arrested while defending detainees, undermining legal freedom and the rule of law. She emphasized the need to empower lawyers with disabilities for independent legal practice.

Attorney General Judge Dr. Eliezer Feleshi has brought attention to citizen grievances during regional tours led by CCM's Paul Makonda. The tours, marked by widespread complaints, have raised concerns about abductions, denial of rights, and a lack of legal assistance.

Speaking at national Law Day celebrations in Dodoma, Feleshi stressed the need for President Samia Suluhu Hassan's support in establishing 24/7 service centers to address these issues.

Feleshi's proposal aims to streamline support for individuals facing challenges and reduce the overwhelming demand for assistance in inappropriate places. Reports of systemic issues within Tanzania's legal practices have prompted these calls for urgent intervention.

Notably, Advocate Fatma Karume has challenged the Attorney General's approach, urging a focus on avoiding dysfunctional and systemic red tape in the judiciary. Karume emphasized the discouragement people face in seeking advice from politicians, highlighting the need for a more effective and accessible legal system.

These developments emphasize the growing complexities within Tanzania's legal landscape, where issues of ethics, freedom, and the overall functionality of the judicial system are at the forefront of public and legal authorities' concerns.

The proposed 24/7 service centers could potentially alleviate some of these challenges, but the broader conversation on legal practices in Tanzania remains a focal point of ongoing debate and reform.Top of Form

These events heighten growing tensions within Tanzania's legal landscape, with lawyers and legal authorities grappling over issues of ethics, freedom, and the overall functionality of the judicial system.

A trusted legal system is the bedrock of a functioning and just society, playing a pivotal role in ensuring order, fairness, and protection of individual rights. In the context of Tanzania, the recent developments highlighting tensions within the legal landscape underscore the critical need for a reliable and ethical judicial system.

Ethics are the moral compass guiding legal practitioners, and their adherence is crucial for maintaining public trust. When lawyers and legal authorities grapple over ethical concerns, it erodes the foundation of trust upon which the legal system stands. Citizens must have confidence that the legal framework is transparent, fair, and accountable to uphold justice.

Freedom within the legal profession is equally vital. Lawyers must be free to represent their clients without fear of reprisal, ensuring that justice is served without compromise. Restrictions on legal counsel impede the pursuit of truth and fairness, eroding public confidence in the legal process.

The overall functionality of the judicial system is intertwined with its ability to address citizen grievances effectively. Accessible and responsive 24/7 service centers, as proposed, could be a step towards enhancing the functionality of the legal system.

However, systemic issues and red tape need addressing to foster a legal environment where individuals feel empowered to seek advice within the established legal framework rather than turning to politicians.

In essence, a trusted legal system is not just a matter of legal technicalities; it is the cornerstone of a society where citizens feel protected, heard, and treated fairly. Ongoing debate and reform are imperative to ensure that Tanzania's legal practices align with the principles of justice, transparency, and respect for individual rights, fostering a society where the rule of law prevails.