Enforcement - of - Ethics - For - Private - Advovcates - ZECHARIAH

Lecture 6
Enforcement of Ethics for Private

Practitioners
The Law School of Tanzania
LS 102: PROFESSIONAL CONDUCT & PRACTICE
(Classroom Instructions) – 36th Cohort
By Dr. Julius Clement Mashamba
(Advocate, Senior Lecturer, Accredited Arbitrator & Mediator)
Dar es Salaam February 2023
OUTLINE
1.0 Introduction
2.0 Disciplinary Bodies
3.0 Disciplinary Procedures
4.0 Remedies against Disciplinary Actions
1.0 Introduction
• Advocates are supposed to adhere to high moral and
legal standards of professional conduct and ethics.
• Where they breach rules of professional conduct &
etiquette, advocates will be held liable for the
misconducts.
The Disciplinary
Process for Advocates
2.0 Disciplinary Authorities
Advocates Committee
Higher Judiciary
2.1 Judicial Censure Against Advocates’
Misconduct
• U/s. 22 of the Advocates Act, the Chief Justice and all judges may censure
advocates misconduct.
• U/s 22(2), a High Court Judge may admonish, suspend or order the removal of an
advocate’s name from the Roll of Advocates.
• See:
1. Lord Munuo Ng’uni v. Judge i/c Arusha High Court;
2. Ado Shaibu v. Hon. John Pombe Joseph Magufuli & 2 Others,
(Misc. Civil Cause No. 29/2018) [2019] TZHC 3 (20 September 2019 (Feleshi, JK)
3. Alex Peter Msalenge & Another v. A.G., Advocates Committee (DSM), Appeal No. 01/2022
2.2 Advocates Committee
• This is main disciplinary body for advocates who are accused of professional misconducts.
• It is established under s. 4(1) of the AdvocateNB: Meetings of the Committee are fixed by
the AG (s. 5)
• s Act.
• It is composed of:
1) A High Court Judge (nominated by the CJ) who normally acts as the chairperson of the Committee;
2) The AG, DAG or DPP, and
3) A practising advocated nominated by the Governing Council of TLS.
2.3 TLS’ Disciplinary Capacity
• The TLS also exercises some disciplinary functions for

advocates.
• The idea is to try and settle disciplinary allegations against
advocates before they are sent to the Advocates Committee.
• Where no settlement is reached, the matter is referred to the
Advocates Committee
3.0 Disciplinary Procedures
3.1 Judicial Censure
• The CJ or a High Court Judge may admonish, suspend or order the removal of an
advocate’s name from the Roll of Advocates (s. 22(1) & (2).
• Where an advocate is aggrieved by the decision of the CJ, he can appeal to the Court
of Appeal of Tanzania (s. 22(2)(c).
• Where as advocate is aggrieved by the decision of a High Court Judge, he may
challenge such decision to the Advocates Committee (s. 22(2)(c).
• NB: the duration for appealing is within 30 days of the impugned decision.
3.2 Complaint Filed by an Advocate or Any
Other Persons
• An advocate or any person may lodge a complaint against an advocate
with the Advocates Committee (s. 13).
• This application may for:
i. Procuring the removal of an advocate from the Roll of Advocates (s.
13(1)(a) & (b); or
ii. Any misconduct (s. 12(1)(c))
The Advocates (Disciplinary and Other Proceedings)
Rules, GN. 120/2018
Rule 4.-(1) “A person who is aggrieved by the conduct of an advocate or believes that an advocate has-
(a) committed a professWho may file a complaint?
ional misconduct;
(b) failed to discharge his duty to the client in a professional manner;
(c) engaged in a business which is inconsistent with the dignity of the profession;
(d) permitted his professional service or his name to be used by an unauthorized person; or
(e) committed any act prohibited by the Act, or any other law regulating the professional conduct of an advocate,
may, in writing, apply to the Committee for removal of the advocate’s name from the Roll or that
advocate be required to answer the allegation against him.”
Pleadings
• Complaints may be lodged by way of:

An Application (in English or Kiswahili) – Rule
4(2): Form 1, supported by an Affidavit; or
By way of a letter – Rule 4(3).
Form of the Application
FORM 1
IN THE ADVOCATES COMMITTEE
APPLICATION/ COMPLAINT NO………………..20……………………….

1. Name and Address of Applicant …………………………………………………….,
2. P. O. Box …….………………………….... E-Mail ……………………………………. Phone: ………………………………………
3. 3. Name and address of the Respondent:- P. O. Box ……………………………... E-Mail …………………………………. Phone: …………………………………
4. (a) Cause of action/ brief statement of facts constituting the claim; …………………………………………………………………………………………………… …………………………………………..
…………………………………..…………………… (b) List of relevant documents to be annexed, if any. 1. ……………………………………………………………………………………………… 2.
……………………………………………………………………………………………… 3. ………………………………………………..…………………..……………………..etc.
5. Relief’s claimed: - 1. …………………………………………..………………………………………………….. 2. …………………………………….……………………………………………………

etc..
6. 6. Verification:- I, ……………………………. being the …………………….. in this case, hereby certify that what has been stated above is true to the best of my knowledge/information supplied to me
by the applicant. (Signed) ……………….……………… Dated this … day of ………., 20……. ………………………………… APPLICANT / REPRESENTATIVE / ADVOCATE FOR APPLICANT
Fees paid Tshs ………………………………………ERV. No. ……………….. Date……………..
Presented for filing this …………………………………………………. Day of……………………

______________________ Secretary
Contents of a Letter
(4) The complaint commenced by way of a letter, shall contain the following details-
a) the physical and postal addresses of the complainant and the respondent including their
phone numbers and email addresses, if any or known;
b) a clear description of the substance of the complaint leveled against the respondent without
including arguments or conclusions;
c) the complainant’s prayers against the respondent; and
d) the signature of the complainant or his advocate, if represented.
Service & Notice
• Within 21 days, the Secretary shall serve the Application on the respondent
advocate together with the notice to file a Reply [Rule 5(1)].
• The notice shall be in the Form 2 set out in the First Schedule to these rules [Rule
5(2)] and delivered in any of the modes set out in Rule 5(3).
• Service of the process on a party may be effected by the Secretariat or the other
party. However, substituted service by publication, affixation or any other mode
shall be carried out by the party desiring that mode of service. [Rule 5 (4)]
Reply by the Respondent Advocate
(Rule 6)
• Filed within 21 days after the service of the Application
• Rule 6(2): The reply shall be by way of-
(a) counter affidavit where the application was commenced by way of Form No. 1 set out in the First Schedule; or
(b) a statement of reply under the hand of the respondent where the complaint was commenced by way of a letter.
• Rule 6(3): A statement of reply shall contain-
(a) a title of the complaint; (b) the physical and postal addresses of the respondent including his email address; (c) a
brief statements of denials of the allegations contained in the letter without arguments; (d) matters that the
respondent admits, if any; (e) a statement of the position maintained by the respondent on the allegations; and (f) the
prayer or prayers of the respondent.
Appearance, Hearing
(Rules 8-14)
• After all preliminaries are determined, the

matter will be slated for hearing with parties
being either represented or appearing in
person.
Determination
(Rule 16)
• The Committee shall deliver its ruling within ninety days after closure of hearing
of the application or complaint or after filing the closing submissions, if any.
• Where the Committee orders removal of advocate from the Roll or his suspension
from practice, the Secretary shall, as soon as practicable after delivery of the ruling,
circulate a copy thereof to the Attorney General, the Registrar of the Court of
Appeal, the Registrar of the High Court, the Secretary of the Society, the registrars
or secretaries of all statutory tribunals in which advocates have a right of audience.
4.0 Remedies against Disciplinary Actions
• Appeals against decisions of the Advocates Committee are lodged in the High
Court within 30 days after the decision (s. 24A).
• The appeal is commenced by a written notice to the Secretary within fourteen
days from the date of the decision (Rule 17(1).
• The appeal shall be by way of a petition of appeal accompanied by a certified
copy of the judgment, ruling or order of the Committee appealed against (Rule
17(2).
Individual Assignment
• Today you appeared before Hon. Mkali, J., at the High Court Mbeya District. The Judge
says you have acted negligently in that you have not filed the other party necessary
documents as previously ordered by the court. He summarily suspends you from
practice for a year. You are aggrieved by that decision.
1) Explain the procedure for challenging the Judge’s decision.
2) What will be the applicable law?
3) Where will you file your grievance?
4) What remedy (-ies) would you seek against the Judge’ decision?
5) Draw the necessary document.

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Lecture 6

Enforcement of Ethics for Private

• The TLS also exercises some disciplinary functions for

• Complaints may be lodged by way of:

APPLICATION/ COMPLAINT NO………………..20……………………….

5. Relief’s claimed: - 1. …………………………………………..………………………………………………….. 2. …………………………………….……………………………………………………

Fees paid Tshs ………………………………………ERV. No. ……………….. Date……………..

Presented for filing this …………………………………………………. Day of……………………

• After all preliminaries are determined, the

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