Let lawyers do their job, TLS tells officials
Arusha. The Tanganyika Law Society (TLS) has condemned the government over the “mistreatment” and wanton arrests of lawyers in the country.
TLS says there are increasing cases of government officials ordering that lawyers be put behind bars while at work defending their clients.
Outgoing TLS president Fatma Karume said the arbitrary arrests should not be tolerated because they undermined the rule of law.
“Lawyers should be allowed to discharge their duties in enhancing the rule of law,” she said at the start of TLS annual meeting on Friday.
Ms Karume warned that the mistreatment of lawyers could lead to denying accused persons their right to legal representation.
On March 23, Iringa Regional Commissioner Ally Hapi ordered the arrest of Musa Mhagama, an advocate. At a public meeting, the RC ordered that the lawyer be put behind bars for 24 hours.
“The court issued an order for the sale of a house, and the owner went to complain to the RC. During his meeting, Mr Hapi called upon Advocate Mhagama to explain the matter to him, which is also wrong as lawyers are prohibited from disclosing confidential information that concerns their clients’ interests. Worse still, the case’s judgment has been issued,” she said.
TLS said the Regional Commissioner was not satisfied with details provided by the advocate and he ordered his apprehension, whereby he was held for nearly 24 hours at a police station.
“As TLS, we condemn that act because there is no law that allow RCs to apprehend a citizen unless it’s a criminal charge. Mr Mhagama was not at fault; he was just an advocate and the judgment to sell the house was issued by the court,” she added.
Ms Karume, who took over the TLS presidency from Tundu Lissu, last night stepped down after elections to pick new leaders at the Arusha International Conference Centre (AICC).
Dr Rugemeleza Nshala was elected new president after garnering 657 votes to defeat four other aspirants. His closest rival, Mr Godwin Mbilinyi, garnered 354 votes, while Mr Godfrey Wasonga, who came third, scored 132 votes. Mr Gaspar Mwanalyela won 58 votes while former TLS president John Seka got 28 votes.
At the Arusha meeting, retired Chief Justice Barnabas Samata urged lawyers and leaders in their various capacities to respect the rule of law.
He said the law was the foundation of the development of any country, and that it was the basis of justice for all.
