CHAPTER 341
ADVOCATES ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Certain officers exempt from provisions of the Act.

PART II
ADVOCATES COMMITTEE

   4.   Establishment of an Advocates Committee.

   5.   Attorney-General to fix times and places for meetings of Committee.

PART III
COUNCIL OF LEGAL EDUCATION

   5A.   Establishment and procedure of Council.

   5B.   Functions of Council.

   5C.   Establishment of the Permanent Secretariat.

   5D.   Functions of the Permanent Secretariat in relation to the Law School.

PART IV
ROLL OF ADVOCATES

   6.   Registrar to keep the Roll of advocates.

   7.   Roll and precedence of existing advocates.

   8.   Admission and enrolment of advocates.

   9.   Precedence of advocates.

PART V
REMOVAL FROM AND RESTORATION TO THE ROLL

   10.   Meetings of Committee.

   11.   Information upon which Attorney-General may act.

   12.   Authority of Attorney-General to require affidavit of allegations of misconduct.

   13.   Powers of Committee.

   14.   Rules governing Committee.

   15.   Disobedience to summons and refusal to give evidence.

   16.-21.   [Repealed.]

   22.   Disciplinary powers of Judges and High Court apart from inquiry by Committee.

   23.   [Repealed.]

   24.   Orders of the High Court to be noted on the Roll and copy to be sent to other East African countries.

   24A.   Appeals.

   25.   Reciprocal enforcement of suspensions and striking-off in East African countries.

   26.   Effect of disciplinary action.

   27.   Limitation of time for certain applications to remove name from the Roll.

   28.   Person suspended or disbarred may apply for variation of order.

   29.   Application by petition supported by affidavit and served on Attorney-General.

   30.   Hearing in open court.

   31.   Hearing of petition and decision thereon.

   32.   Costs where application unsuccessful.

   33.   Proceedings under this Part in addition to other remedies.

PART VI
PRACTISING CERTIFICATES

   34.   Registrar to issue practising certificates.

   35.   Application for practising certificates.

   36.   Discretion of Chief Justice to refuse certificate in special cases.

   37.   Adjudication in bankruptcy to suspend practising certificate.

   38.   Date and period of validity of practising certificates.

PART VII
PRIVILEGES, RESTRICTIONS AND OFFENCES IN CONNECTION WITH PRACTICE

   39.   Qualifications for practising as advocate.

   40.   Rights of practising advocate.

   41.   Unqualified person not to act as advocate.

   42.   Penalty for pretending to be an advocate.

   43.   Penalty for unqualified persons preparing certain instruments.

   44.   Instruments to be endorsed with name and address of drawer.

   45.   Offences by bodies corporate.

   46.   Power to exclude touts from precincts of courts.

   47.   Acting as tout prohibited.

   48.   Offence of, and penalty for, inducing clients to abandon their advocates.

PART VIII
REMUNERATION OF ADVOCATES

   49.   Power to make general orders as to remuneration of advocates.

   50.   Scales of rates of commission and percentage.

   51.   Security for payment of remuneration and regulating interest.

   52.   Taxation of bills of costs.

   53.   Agreements with respect to remuneration for non-contentious business.

   54.   Powers to make agreements as to remuneration for contentious business.

   55.   Miscellaneous provisions as to agreements with respect to costs of contentious business.

   56.   In certain circumstances the taxing officer may reduce the amount payable under agreement.

   57.   Death or incapacity of advocate, etc.

   58.   Agreement excludes taxation.

   59.   Miscellaneous provisions as to remuneration for contentious business.

   60.   Power of High Court to order advocate to deliver his bill and to deliver up deeds.

   61.   Action to recover advocates' costs.

   62.   Taxation of bills on the application of the party chargeable or the advocate.

   63.   Taxation on application of third parties and beneficiaries under trusts, etc.

   64.   General provisions as to taxation.

   65.   Charging orders.

PART IX
MISCELLANEOUS PROVISIONS

   66.   Advocates to be officers of High Court.

   67.   Payment of expenses of Committee.

   68.   Authentication of Regulations and other documents.

   68A.   Fees for admission and practising certificate to be paid to Law Society.

   69.   Regulations.

   70.   Saving of other laws.

   71.   [Transitional provisions.]

   72.   [Repeal.]

CHAPTER 341
THE ADVOCATES ACT

An Act to provide for the law relating to advocates and for connected matters.

[1st January, 1955]

Ords. Nos.
25 of 1954
18 of 1957
Acts Nos.
C.A. 2 of 1962
16 of 1963
39 of 1969
11 of 1971
22 of 1983
12 of 1990
9 of 1996
31 of 1997
18 of 2007
G.Ns. Nos.
347 of 1961
433 of 1961
490 of 1962
154 of 1971
92 of 1975
515 of 1991

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Advocates Act.

2.   Interpretation Acts Nos. 16 of 1963; 39 of 1969 s. 2; 11 of 1971; 22 of 1983; 12 of 1990; 9 of 1996 Sch.">

   In this Act, unless the context otherwise requires–

   "advocate" means any person whose name is duly entered as an advocate upon the Roll;

   "client" includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, expressed or implied, to retain or employ, and retains or employs or is about to retain or employ, an advocate and any person who is or may be liable to pay to an advocate any costs;

   "Committee" means the Advocates Committee established under section 4;

   "costs" includes fees, charges, disbursements, expenses and remuneration;

   "Council" means the Council of Legal Education established by section 5A;

   "East African country" means the United Republic of Tanzania, Kenya and Uganda;

   "Law Society" means the Tanganyika Law Society established under the Tanganyika Law Society Act *;

   "Minister" means the Minister responsible for justice;

   "parastatal organisation" means–

   (a)   a body corporate established by or under any written law other than the Companies Act *;

   (b)   a trade union registered under the Trade Unions Act;

   (c)   a company registered under the Companies Act * not less than fifty per centum of the issued share capital of which is owned by the Government, a local government authority or a parastatal organisation or, where the company is limited by guarantee, a company in respect of which the amount that the Government, a local government authority or a parastatal organisation or, where the company is limited by guarantee, a company in respect of which the amount that the Government, a local government authority or a parastatal organisation has, as member, undertaken to contribute in the event of the company being wound up, is not less than fifty per centum of the aggregate amount which all the members have undertaken to contribute; and references in this paragraph to a parastatal organisation include references to any such company;

   "practising certificate" means a certificate issued by the Registrar to an advocate, authorising him to practise as such within Tanzania, pursuant to the provisions of Part VI;

   "Registrar" means the Registrar of the High Court;

   "Remuneration Committee" means the Committee established under the provisions of Part VIII;

   "Roll" means the list of advocates kept in accordance with the provisions of Part IV;

   "taxing officer" means the taxing officer of the High Court.

3.   Certain officers exempt from provisions of the Act Acts Nos. 11 of 1966 s. 2; 11 of 1971; G.Ns. Nos. 347 and 433 of 1961; 490 of 1962">

   (1) Every officer to whom this section applies shall, in connection with the duties of his office, be entitled to practise as an advocate in the High Court or in any court subordinate thereto constituted under the Magistrates' Courts Act * and to perform any of the functions which, in England, may be performed by a member of the Bar as such or by a solicitor of the Supreme Court of Judicature as such, and provided, be subject to the provisions of this Act.

   (2) The officers to whom this section applies are–

   (a)   the Attorney-General, Parliamentary Draftsmen and State Attorneys, and any person duly qualified holding office in the Attorney-General's Chambers;

   (b)   the legal secretary Income Tax Department;

   (c)   any person duly qualified holding office in any municipality established under the Local Government (Urban Authorities) Act * or any township authority established under the Local Government (District Authorities) Act *;

   (d)   the Registrar-General, Administrator-General, Public Trustee, Official Receiver, Commissioner for Lands and any person duly qualified holding office in the office of the Registrar-General, or of the Administrator-General, or of the Official Receiver or the Land Officer;

   (e)   any person duly qualified holding office in such parastatal organisation as the Minister may, by order published in the Gazette, designate for the purposes of this section.

   (3) For the purposes of this section "person duly qualified" means a person who is the holder of one of the professional qualifications set out in paragraph (a) of subsection (1) of section 8.

PART II
ADVOCATES COMMITTEE (ss 4-5)

4.   Establishment of an Advocates Committee Acts Nos. 39 of 1969 s. 3; 22 of 1983">

   (1) There shall be established for the purposes of this Act a committee to be called the Advocates Committee consisting of–

   (a)   a Judge of the High Court of the United Republic nominated by the Chief Justice;

   (b)   the Attorney-General, or the Deputy Attorney-General or Director of Public Prosecutions;

   (c)   a practising advocate nominated by the Council of the Law Society.

   (2) During the temporary incapacity or absence from Tanzania of the member nominated by the Council of the Law Society, such Council may nominate any practising advocate to act as a temporary member in the place of such member until his recovery from incapacity or his return, as the case may be, or until the expiration of his period of office, whichever first occurs.

   (3) During the temporary incapacity or absence from Tanzania of the High Court Judge nominated by the Chief Justice, the Chief Justice may nominate another Judge of the High Court to act as a member of the Committee and such Judge may so act.

   (4) The High Court Judge shall be the chairman of the Committee and shall preside at all meetings of the Committee. In the absence from any meeting of the High Court Judge duly nominated by the Chief Justice either under subsection (1) or subsection (3), the Attorney-General, the Deputy Attorney-General or the Director of Public Prosecutions, shall be the chairman of the meeting.

   (5) Two members of the Committee, one of whom shall be the Attorney-General or the Deputy Attorney-General, and the Director of Public Prosecutions shall form a quorum.

   (6) Any question before the Committee shall be decided by a majority of votes of the members present and voting; in the event of equality of votes the chairman of the meeting shall, in addition to his deliberative vote as a member of the Committee, have a casting vote.

   (7) Where the conduct of the member nominated by the Council of the Law Society is the subject matter of an application or allegation made under the provisions of section 13, such member shall be disqualified to sit as a member of, or vote at, any meeting during which such application or allegation is considered or determined by the Committee, and in any such case the Committee may nominate any practising advocate to act as a temporary member in the place of such nominated member for the purposes of such meeting.

   (8) The Committee may appoint any public officer to be a secretary to the Committee.

5.   Attorney-General to fix times and places for meetings of Committee

   Meetings of the Committee shall be held at such times and places as the Attorney-General shall fix.

PART III
COUNCIL OF LEGAL EDUCATION (ss 5A-5B)

5A.   Establishment and procedure of Council Act No. 16 of 1963 s. 4">

   (1) There is hereby established a Council of Legal Education which shall consist of–

   (a)   the Chief Justice or his representative;

   (b)   the Attorney-General or his representative;

   (c)   the Dean of the Faculty of Law of the University of Dar es Salaam or his representative; and

   (d)   two practising advocates elected by the Law Society.

   (2) The members of the Council elected by the Law Society shall hold office for such period, not exceeding three years, as the Law Society may determine and shall be eligible for re-election.

   (3) The meetings of the Council shall be held at such times and places as the Chairman may determine.

   (4) At any meeting of the Council three members thereof, of whom one shall be either the Chairman or the Attorney-General or his representative, shall constitute a quorum.

   (5) Questions coming before the Council shall be determined by a majority of votes of the members present and voting but the Chairman shall have no casting vote.

   (6) Subject to the provisions of this section the Council may regulate its own procedure.

5B.   Functions of Council Act No. 16 of 1963 s. 4">

   The functions of the Council shall be to exercise the functions conferred upon it by or under this or any other law and to exercise general supervision and control over legal education in Tanzania for the purposes of this Act and to advise the Government in relation thereto.

5C.   Establishment of the Permanent Secretariat Act No. 18 of 2007 s. 30">

   (1) There shall be a Permanent Secretariat which shall be responsible for the day to day administration and management of the Council.

   (2) During the interim period, the Permanent Secretariat shall be responsible for allocation of law graduates from accredited universities for purposes of undertaking practical legal training.

   (3) The "interim period" referred to in subsection (2) means a period commencing from the date of coming into operation of the Law School of Tanzania Act, 2007 up to a date on which the conduct of practical legal training shall commence.

5D.   Functions of the Permanent Secretariat in relation to the Law School Act No. 18 of 2007 s. 30">

   The functions of the Permanent Secretariat shall be to provide logistical and technical support to the Council in monitoring and control of practical legal training programme in Tanzania.

PART IV
ROLL OF ADVOCATES (ss 6-9)

6.   Registrar to keep the Roll of advocates

   The Registrar shall keep, in accordance with the provisions of this Act and of any regulations made thereunder, a Roll of all advocates.

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