MPs, presidential appointees barred from law practise

Dar es Salaam. Tanzanian advocates appointed to hold senior positions in public service can no longer practise their profession without permission following amendments seeking to do away with conflict of interest.

The amended Advocates Act states that once an advocate is appointed by the President or any other authority to hold a position in the government, National Assembly or Judiciary, their certificate will be stayed until the appointment ends.

The Written Laws (Miscellaneous Amendments) Bill 2020 which was passed on Monday revises 14 laws including the Advocates Act. The new section was introduced in the law with the intention to eliminate the possible conflict of interest that may arise from the lawyers who are in the public service.

“An advocate referred to under subsection (1) shall be treated as a public servant from the date of his appointment and his status shall be reflected as such in the roll until when he is relieved from his appointment or otherwise permitted to practice by the appointing authority, in which case he shall be required to comply with the provisions of this Act from the date he is relieved from his appointment or otherwise authorised to practice by the Attorney General pursuant to the provisions of section 17A of the Office of Attorney General (Discharge of Duties) Act,” stated the bill.

The law hits on people like members of parliament (MPs) who continued practicing as advocates in their position as lawmakers.

A seasoned lawyer who refused to be named here said the new move will definitely reduce income to the advocates appointed in those positions.

“Another interpretation is that it intends to cover the appointment of the current Attorney General who was appointed from outside the public sector. So, this is making any advocate a public servant once appointed by the president,” said the lawyer.

The appointed advocates will also be exempted from the annual renewal of practicing licenses, submission of any returns or payment of fees and related costs until the public position ends.

This is the second time the government makes amendment of the Advocates Act in a span of nine months to limit the practice of lawyers in the country.

In September last year, the Parliament passed amendment of the same law restricting state lawyers from getting a practicing certificate.

“A law officer or state attorney shall not, for the whole period of service as law officer or state attorney, be issued with practising certificate,” states the amendment contained in the Written Laws (Miscellaneous Amendments) (No.4) Act, 2019.

The law also restricted the state lawyers to administer oaths or attest documents as commissioner for oaths unless allowed by the Attorney General.

They can be allowed only when the Attorney General was satisfied that such attestation or administration shall not have potential conflict of interest with their employer.

The fourteen written laws, include the Advocates Act, the Agricultural Inputs Trust Fund Act, the Electricity Act, the Fertilizers Act, the Forest Act, the Grazing Land and Animal Feed Resources Act, the Interpretation of Laws Act, the Labour Institutions Act, the National Defence Act, he National Parks Act, the Ngorongoro Conservation Area Act, the Seeds Act, the Sugar Industry Act and the Wildlife Conservation Act.