Reflection on 70 Years of Tanganyika Law Society: Importance of Legal Profession and Bar

Seventy (70) Years of the TLS Existence Reflection of the Bar and her Members Welfare Presentation to the body of Annual General Meeting (AGM) of the Tanganyika Law Society (TLS), on 1stAugust, 2024 at the Jakaya Kikwete Convention Centre, at Dodoma, Tanzania By Godwin Simba Ngwilimi, Advocate of the High Court of Tanzania; Lead Counsel & Consultant at SimbaNgwilimi & Associates; LL.M (Research), Aberdeen, LL.B (Hons.), University of Dar es salaam

The Context of the Subject-matter of the Presentation As we celebrate the statutory Platinum Jubilee of the TLS (i.e. 1954 to 2024) it is fair and necessary to reflect on our journey and prospects Reflection of the Bar and Members Welfare Reflection on Achievement, Challenges and Opportunities Roles and Responsibilities of TLS to Members and Members to TLS TLS Governance Jubilees are indeed moments of reflections, besides jubilation i.e. think deeply and carefully about something 21/06/2025 14:18:55 2

Four Major Points of Discussion 1. Importance of the Profession and the Bar i.e. the profession and the Bar in particular remain critically important to the life of the nation 2. Path and Evolution of the Profession and the Bar thus far justifying deeper reflections of our achievements, challenges and opportunities - Where do we come from? Are there lessons to draw from (hitherto), maintain or discard, or reform? Who are we currently? Are we relevant? Why? Are we safe? Where are going? Et cetera 3. Evaluating Ourselves controverting ourselves on most purposes of our own course 4. General Observations in lieu of Conclusions and Recommendations 21/06/2025 14:18:55 3

By way of a Caution Humbly and respectfully, I do not expect all of you to buy all my thoughts, but suffice for this purpose to provoke thoughts for use for our Society going forward 21/06/2025 14:18:55 4

1. Importance of the Profession An essential part of our national philosophy must be a legal profession of great integrity which not only knows the formalities of law but must also understand the basic philosophy which underlies our society. Our lawyers and our Judiciary must, in other words, not only appreciate that law is paramount in our society, they must also understand the philosophy of that law. This, of course, is not the responsibility of the legal profession alone. It is the job of the Judiciary and of other members of the profession to ensure that the law is impartially administered (emphasis) Julius K. Nyerere, 25th October, 1961 then Prime Minister of Tanganyika, at the occasion of the first formal ceremony of the Faculty of Law of the University College of Dar es salaam (in Freedom and Unity, 1970, at pg. 131) 21/06/2025 14:18:55 5

Importance We have to recognize the facts and conditions which exist. and in that context think about what we want to do and how we can move from the existing situation towards one which we like better. (emphasis) Julius K. Nyerere, 21st August, 1964, a Speech at the Opening of the Dar es Salaam University College new Campus at the Hill (in Freedom and Unity, 1970, at pg. 308 21/06/2025 14:18:55 6

Importance Tanganyika Law Society TLS The Bar Association of Tanzania Mainland (Tanganyika) A Bar Association for a just society Integrity and Transparency, Professionalism, Respect, Courage and Empowerment Assist the Public to access justice What is its composition of membership? All lawyers? All advocates admitted and enrolled to the Bar? All advocates practicing law as occupation privately? All advocates practicing law based on their employments to the public service? et cetera Are we a fraternity ? Are these questions of law or fact, or both law and fact? Are they relevant? Do they matter? Understanding the complex of the legal and regulatory frameworks underlying the regulation of the legal profession is important 21/06/2025 14:18:55 7

Importance We operate under a general assumption that our profession, and therefore the Bar, is critically important to us, as professionals and our society we enjoy some elevated and privileged status Perhaps, this is obvious because of its founding on supremacy of the law, operation of the legal system, matters like rule of law, legal and institutional frameworks for administration of justice etc., and of being a constitutional category since colonial era I subscribe to this obviousness and can demonstrate The Tanganyika Order in Council, 1920: (i.e.Article 26,(1) Subject to any Ordinance, the High Court may make Rules for regulating the practice and procedure of all Courts, (2)The power to make Rules under this Article included(a) a power to fix fees and scales of remuneration, and (b) a power to regulate the conditions upon which persons may be admitted to practise as advocates or solicitors in such Courts ) The Legal Practitioners Rules, 1922 (through the Indian Act (Application) Ordinance, 1922 Hence, the privilege of statutory establishment (be regulated) the Tanganyika Law Society Ordinance (Act) and the Advocates Ordinance (Act) of 1954 (1955) The Constitution of the United Republic of Tanzania, 1977 e.g. Articles under Chapter Five Being involved in the implementation of a variety of laws in the administration of justice in the country e.g. JALA, MCA, CPA, CPC, LST-A, etc. 21/06/2025 14:18:55 8

Importance of the Profession Recognition and being acknowledged by other stakeholders, having some expectations, in the society e.g. the public and social media, general public, civil societies etc. Being part of the institutional frameworks for administration of justice e.g. officers of courts Our profession, importantly our livelihood alongside our right to freedom to associate BUT, on some deeper reflections, we seem to take this position for granted we need to ask ourselves: Who seriously considers us to be that important? And, why? Are we indispensable? How do we guard our position? Are we capable of? Are we that independent? 21/06/2025 14:18:55 9

Importance Perhaps, we need to ask ourselves further WHAT IS THE ESSENCE OF OUR PROFESSIONALISM? Is it knowledge and specialized skills? Is it our livelihood? And our right to freedom to associate? Is it power, business or wealthy? Or something else? 21/06/2025 14:18:55 10

Essence of Our Professionalism The essence of professionalism is ambiguity. It embraces specialized knowledge, altruistic service, thirst for power and blatant self-interest. That is why it has been such a potent idea in East Africa, attracting the professionals by the promise of power and profit while attracting the poor by the promise of altruism and trustworthy care. (emphasis)John Iliffe (1998), East African Doctors: A History of the Modern Profession The profession s privileged position is given by, not seized from, society, and it may be allowed to lapse or may even be taken away. Eliot Freidson (1988), Profession of Medicine 21/06/2025 14:18:55 11

Essence of Professionalism Therefore, this, clearly and constantly turns out to be a zero-sum game or struggle of balancing those competing interests or the role of the state and the elite in controlling the profession, the Bar The Control system matrix the elite, politicians, pressure interest groups, etc. This explains largely our obvious VULNERABILITY 21/06/2025 14:18:55 12

Some Examples of the Zero-sum game President JPM to Hon. Chief Justice, Prof. Ibrahim Hamis Juma TLS ni Mali ya Umma ile and the need to exert control over the profession (YouTube) Francis Kwilabya Stolla v. The TLS and AG, Misc. Civil Application No. 12 of 2007, HCJ, Mwarija, J., as he then was Hon. Dr. Harrison Mwakyembe, then Minister for Justice and Constitutional Affairs on debarring TLS bangokitita Samson S. S. Rumende v. Chief Justice of Tanzania and Hon. AG., Misc. Civil Cause No. 75 of 2005, HCT, Massati, Shangwa, Mihayo, JJ. Zephrine Nyalugenda Galeba v. The AG and TLS, Misc. Civil Application No. 112 of 2005, HCT, Mandia, Oriyo and Mihayo, JJ. Bartazary Bosco Mahai v. TLS and AG., Misc. Civil Cause No. 27673 of 2023, HCT, Manyanda, J. Folk tales and events told Hon. Joseph Sinde Warioba to Julius K. Nyerere on draconian legislative measures on economic saboteurs in 1983 Anonymous TANU cadre s position on TLS and later his corruption case Prof. Shivji s Hao waacheni, ni wenzetu Hon. Francis Stolla, the UDSM Students By-laws and the Professor of Law TLS autonomy the right/privilege to self-regulate, the power to legislate internal matters 21/06/2025 14:18:55 13

2. Path and Evolution of the Profession Since 1922 through 1954 to Present we have evolved withachievements, challengesandopportunities Numbers and Demographics Diversity and Divisions i.e. interests, specialization, labour and expertise, ideology, regions, etc. Democratic process and divisive elements Separation of Bars Private v. Public, pseudo-bench-bar practice The Bench, i.e. judicial officers the Bench that is enriched from/by the Bars Exploitation of diversity and inevitable divisions to bring about unwavering strength out of unity Devolution and governance challenges Relationship with stakeholders, i.e. in relation to the Objects (Section 4 of TLS Act), or to practice by members like law enforcement agencies and some unfortunate instances of hostilities etc. The right to freedom of association Failure to explore and use our potentials 21/06/2025 14:18:55 14

Path and Evolution TLS to Members and Members to TLS John F. Kennedy, (1961) Ask not what your country (profession) can do for you rather Ask what you can do for your country (profession) TLS to Members On welfare of her members Matters of learning, professional development and maintaining and improvement of standards of conduct to represent, protect and assistmembers of the legal profession in Tanzania as regards conditions of practice and otherwise Members to TLS Ongoing duty to subscribe to the profession Loyalty and volunteerism 21/06/2025 14:18:55 15

3. Evaluating Ourselves 1. Against the main Objects for the establishment of us: - Section 4:The objects are (a) to maintain and improve the standards of conduct and learning of the legal profession in Tanzania; (b) to facilitate the acquisition of legal knowledge by members of the legal profession and others; (c) to assist the Government and the Courts in all matters affecting legislation, and the administration and of the law in Tanzania; (d) to represent, protect and assist members of the legal profession in Tanzania as regards conditions of practice and otherwise; (e) to protect and assist the public in Tanzania in all matters touching, ancillary or incidental to the law; (f) (g) (h) (i) to do all other things which are incidental - Matters connected to professionalism, welfare of members, assisting state organs and protection of the public - These Objects are translated into action variously, in time and circumstances in the Strategic Plans of the Society, thus, they can be measured accordingly 2. What are our SWOC-T / PESTEL considerations 3. Do we have priorities in the select-priorities 21/06/2025 14:18:55 16

SWOC/T & PESTEL Strength Challenges/Threat Weaknesses Opportunities 21/06/2025 14:18:55 17

Observations in lieu of Recommendations John F. Kennedy Lift your eyes beyond the dangers of today, to the hopes of tomorrow Looking forward to the Diamond Jubilee(75th Anniversary), perhaps, we should commission a study to record our path and prospects Rethink our model and structure of governance Elon Musk (July, 2024) Change the programmes that someone else put in our mind A post from TheBetterPath, X (tweeter) account https://t.co/CpU1JMKEtE https://x.com/TheBetterPath_/status/1814489013300146542?t=5vuklzZczX0oaPiPdxRG rg&s=03 Work as you enjoy life 21/06/2025 14:18:55 18

Ahsanteni sana! 21/06/2025 14:18:55 10