zanzibar advocate act

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. saturday, july 11, 2015. law of contract act (cap. 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. 345 r.e., 2002][tanzania mainland]: table of contents tc. 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). In January 2007, it attained its own separate registration. The qualifying process for one to be an Advocate in Tanzania mainland is provided for under the Advocates Act[3] and the Law School of Tanzania Act of 2007. 12/2002. 0000000876 00000 n The NGO was initially established in 2012 as Glitters Volunteer Group to improve the environmental conditions in Zanzibar. 0000005742 00000 n 3. legal provisions (advocate denis maringo) legal provisions statutes tanzania kenya uganda england india zanzibar . 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. If you are conducting business in Tanzania, a consultation with a Tanzanian Lawyer is highly recommended. 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. [30] Section 13 (4) (c) and 22 (2) (a) of the Advocate Act. 0000001931 00000 n 99 of 1919 Business Entities Registration Act No. LAWS GOVERNING ADVOCATES IN ZANZIBAR.. 9, 11. Different   statutes governing Advocates in Tanzania has given various categories of Advocates. 15 OF 2013, in Tanzania Mainland and in Zanzibar respectively, herein after referred as the Acts. email this blogthis! 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. 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. 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 h���A 0ð4�Ft\Gcw��������z�C. In January 2007, it attained its own separate registration. 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. 42. 0000004145 00000 n 2002): contents ... trustees' incorporation act [tanzania] (cap. 0000004235 00000 n 3, r.e. THE QUALIFICATION PROCESSES OF ADVOCATE IN ZANZIBAR AFTER THE ENACTMENT OF ACT NO. 29 and enact the Advocates Act and other matters related thereto. 362 of 2017 and GN No. “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. 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. 28 and the Notaries Public Decree Cap. 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. CATEGORIES OF ADVOCATE IN OTHER JURISDICTIONS. BPRA was established under Act No. No. DIFFERENT CATEGORIES OF ADVOCATES IN TANZANIA. 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. ZANZIBAR LAW SOCIETY is a non-profit organisation registered by the Register of Society as per the Societies Act No 6 of 1995 with registration number 89 in the year 1999. 0000010399 00000 n @]f�2E@Z����J20V3�e��$�����!�q �^�}��0�3|creda��%�S+��=awR*���=E���O1c�apg��X �P�,"������w�ia��i�l���X (ad hoc admission). A person who desires to be registered as an advocate in Tanzania must petition to the Chief Justice. 0000002335 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. 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. "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. 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. No. 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. 45. 41. 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. Hence, in the light of the above observations, the following are categories of Advocates in Tanzania and Other Jurisdictions as hinted above:-. Elections in Zanzibar are always contentious and often violent. Office of the Attorney General (Discharge of Duties) Act, 2005. 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. the Advocates Act and Other Matters Related Thereto. Zanzibar’s special departments. [21] GN. The law which governs contr act transaction in Zanzibar is Contract Decree Cap 149 of 1917. POSITION PAPER IN RESPECT OF ADVOCATES AND THEIR CATEGORIES IN TANZANIA, 2. 0000002869 00000 n This Act shall apply to Mainland Tanzania. In this Act, unless the context otherwise requires: “Advocate” means a … 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. 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, […] 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:-. saturday, december 13, 2014. basic rights and duties enforcement act, 1994 [tanzania] (cap. [23] Some of the laws repealed are:-, In the cause of a need to practice in Tanzania Mainland, Tsh. 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