Association of American lawyers expresses concern on Tanzania judiciary

Dar es Salaam. The American Bar Association (ABA) is concerned with the independence of the legal profession in Tanzania.

The worry was expressed in the ABA’s statement to the ABA Africa Committee, which was also copied to the President of Tanganyika Law Society (TLS), Mr Tundu Lissu.

Mainly, it was on the threat by the government to abolish the bar and transfer its primary role to the executive and its President, Mr Tundu Lissu, being charged with sedition.

“The American Bar Association, which has worked to advance and support the legal profession in the United States and abroad, believes that the independence of the legal profession is a cornerstone of a strong rule of law, democracy and economic development,” read part of the statement.

According to the statement, same principle is enshrined in numerous international human rights instruments, including the African Charter on Human and People’s Rights. 

Furthermore, the United Nations Basic Principles on the Role of Lawyers make clear that lawyers, like other citizens, are entitled to freedom of expression and association.

The association pledged for a closely monitoring of the situation and supporting efforts to preserve the independence of the legal profession in the United Republic of Tanzania.

“Meanwhile, TLS continues to have the ABA Africa Committee's full support with respect to the promotion, exercise and protection of, the independence of the legal profession and fundamental rights and freedom in mainland Tanzania,” added the statement.

In February, this year, the government through the then Minister of Constitutional and Legal Affairs, Dr Harrison Mwakyembe, threatened to deregister TLS for allegedly engaging in politics.

The minister wanted the association to remain a professional outfit that protects professionalism and a broad range of interests of legal practitioners.

“If TLS purports to have grown enough to engage itself in additional responsibilities of political activism, the government will not hesitate to revoke all laws and regulations that enable its existence,” said Dr Mwakyembe.