REFRAIN FROM PRACTISING AS PRIVATE ADVOCATES WHILE STILL SERVING IN PUBLIC SERVICE – AG MASAJU

The Attorney General of the United Republic of Tanzania, Mr George Masaju (pictured right) has today seriously advised lawyers to refrain from practicing as private advocates while still serving in public service as such actions can attract very strong disciplinary measures to be taken against the relevant lawyer.  

The AG made this remark when addressing the 144 newly admitted advocates to the Bar in Dar es Salaam, at an event held at Karimjee grounds today.  This is because such practices are against the rules and regulations that govern the legal profession.  The AG has otherwise advised lawyers to choose between practicing as a private advocate, in which case, the sky will be the limit for them or choosing to practice and render legal services to the public service institutions in order to avoid any conflict of interest.

As the Attorney General of the United Republic of Tanzania, and head of the Bar, Mr Masaju has pointed out that public access to justice, is one of his  top priorities and that it continues to be the focus of the Attorney General`s Chambers. 

He therefore urged d lawyers to must always remember that, as they are privileged to be lawyers and advocates, there are many others in our society who are less privileged than they are, and have no access to legal services, because of ignorance or poverty.  

In regard he reminded lawyers that they have a moral obligation to assist the poor when they seek justice in the course of their career, since we are all potential victims of poverty or ignorance and that we cannot choose our fate. Therefore lawyers have significant role to play in promoting access to justice for all, through legal aid, pro bono work, and the like.

“So please, consider the poor and you will always be blessed accordingly by the Lord”. Noted the AG.

On a different note, the AG has strongly encouraged all of the newly admitted lawyers, and who shall proceed as private advocates, to be ready and willing to work in any part of the country, as ways to consider in creating self employment. He further noted that self employment is one of the priorities of the Government that lawyers should be ready to open up Law Firms and offices in both urban and rural areas rather than concentrating in big cities alone. That is how, they will be able to take their services closer to the people and make themselves more viable, and being prepared to lead their destiny, as well. 

Mr. Masaju has further elaborated what it means to be an advocate and how to be engaged as one, in either private capacity or otherwise where he noted that, “Indeed, after your enrolment to the bar, most of you will start looking for new jobs, especially in the public service. 

Whether you get to be employed in the public or private sector is entirely your own choice. But for those who are already employed in the public sector or aspire to be employed there, you should make sure that you observe the practising rules and procedures governing advocates who serve in public service institutions”

In Tanzania, advocates are mainly regulated by the Advocates Act, Cap 341 of the laws of Tanzania, the Tanganyika Law Society Act as well as Rules of Professional Conduct and Etiquette of the Tanganyika Law society. Under the Advocates Act, an advocate is defined as any person whose name is duly entered as an advocate upon the Roll. Once lawyers have been registered in accordance with the law, they are required to discharge their duties in an ethical manner, short of which a complaint can be filed against them under the Act.  

Mr. Masaju has conclusively urged lawyers not to refrain from further learning, always be students, be disciplined and honest as such self discipline should inform their work, habits and emotions and that in the face of provocation they should observe rules of conduct for lawyers.  

He further insisted on lawyers adjust to change and be dynamic, and to always remember that we live in the 21^st century, in a technological world hence be prepared to handle diverse legal matters and emerging issues from not only the surrounding society but also from the technological world of internet and what have you. So everyone should always find ways of being proactive and creative in order to cope with the pace and efficiency typical of the 21^st century.

The AG has thus reminded lawyers that they are committed to the rule of law in a democratic society, where advocates are also committed to an independent Bar and an independent Judiciary as such an independent and vibrant legal profession is also essential for the proper functioning of the administration of justice.