Court blocks appeal over Fatma Karume licence

Dar es Salaam. The High Court has rejected the government’s bid to appeal against its decision which overturned the advocates’ committee to revoke the practising licence of a prominent lawyer, Ms Fatma Karume.
Judge Stephen Magoiga rejected the government’s application for appealing permit saying the reasons provided provided reasons were unfounded.
In his ruling, he said despite the government’s compliance with all the criteria and procedures for applying for the permit in court, it had failed to convince the court that it had the necessary arguments for the Court of Appeal to make orders.
The court ruling is a step ahead for Karume whose licence was revoked since last year by the Committee of Advocates that convicted her over violating of professional ethics.
Ms Karume, who is also a human rights activist and a critic of government policies, is a former president of the Tanzania Law Society (TLS).
The committee reached the decision following a complaint lodged by the Attorney General who accused Ms Karume of violating the code of conduct by uttering foul language against him during the hearing of a constitutional case she was presiding before the then Principal Judge Eliezer Feleshi.
Through her lawyer Peter Kibatala, Ms Karume appealed to the High Court against her de-listing.
In its June 17, 2021 ruling, the High Court under a panel of three judges - Issa Maige, Dr Deo Nangela and Edwin Kakolaki - reversed the decision of the Committee of Advocates.
The judges, among other things, agreed with Ms Karume that the committee did not have the authority to hear complaints lodged by the Attorney General.
They said by hearing and deciding on the case, the committee went against the order of the Principal Judge who temporarily suspended Ms Karume waiting for the registrar of the High Court to file a complaint against her in the committee, in accordance with the procedure.
The court therefore overturned the decision of the committee.
The government was dissatisfied with the verdict and the Attorney General submitted an intention to appeal to the High Court, and subsequently filed a request for appeal warrant to challenge the decision in the Court of Appeal.
Delivering the verdict last Friday, Judge Magoiga said the arguments that the court could consider in deciding whether or not to grant the permit should be those that were ordered by the High Court.
He asserted that the reasons presented by the government did not raise issues in the High Court ruling on the matter.
“For the reasons given above, this court refuses to grant warrant to appeal to the Court of Appeal as the applicant failed to prove the existence of a case or argument for the Court of Appeal to consider,” said Judge Magoiga in the judgment.
Ms Karume was accused of violating ethics while presenting in a case filed by ACT- Wazalendo secretary general Ado Shaibu who challenged the president’s appointment of the Attorney General.
It was reported that during the presentation of the case, Ms Karume used words that were interpreted as disrespectful to the AG.