CHAPTER 341 THE ADVOCATES ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections AG of O n Section Title sios part i mi r PRELIMINARY PROVISIONS e t p ou 1. Short title. with 2. Interpretation. ted 3. Certain officers exempt from provisions of Act. u trib 4. Certain advocates exempted from provisions of Act. s or di ed part ii du c ADVOCATES COMMITTEErSo re p 5. Establishment of National Advocates Committe bee. 6. Establishment of Regional Advocates comm y mit atees. 7. Powers of Regional Advocates Committeoeo. k 8. Rules of Advocates Committee. b his 9. Attorney General to fix times andt o p f ltaces for meetings of Committee. r o p a . N part iii COUvNedCIL OF LEGAL EDUCATION r 10. Establishment and psre re ocedure of Council. 11. Functions of Cgohutsncil. 12. Establishmelnl rt i of Permanent Secretariat. A 13. Functionias. of Permanent Secretariat in relation to Law School. n nz a f T a part iv nt o ROLL OF ADVOCATES e rn1m4. Registrar to keep Roll of advocates. ov e 15. Roll and precedence of existing advocates. 5 G2 16. Admission and enrolment of advocates. 0 ©2 17. Precedence of advocates. 117 THE ADVOCATES ACT [CAP. 341 R.E. 2023] part v REMOVAL FROM AND RESTORATION TO THE ROLL 18. Meetings of Committee. 19. Information upon which Attorney General may act. 20. Authority of Attorney General to require affidavit of allegations of misconduct. G. A 21. Powers of Committee. of O 22. Rules governing Committee. ion 23. Disobedience to summons and refusal to give evidence. ss mi 24–29. Repealed. er t p 30. Disciplinary powers of Judges and High Court apart ou from inquiry by Committee. ith w 31. Repealed. tedu 32. Orders of High Court to be noted on Roll and copy to be sent trib to other East African countries. r d is 33. Appeals. o ed 34. Reciprocal enforcement of suspensions and striking offd iun c East African countries. ep ro 35. Effect of disciplinary action. e r b 36. Limitation of time for certain applications to areymove name from Roll. m 37. Persons suspended or disbarred may applyk for variation of order. bo o 38. Application by petition supported by iasffidavit and served on Attorney General. 39. Hearing in open court. f tho 40. Hearing of petition and decisi rt poan thereon. 41. Costs where application un Ns ou ccessful. 42. Proceedings under thisv eP da.rt in addition to other remedies. se r e ts r part vi rig h PRACTISING CERTIFICATES ll 43. Registraira .t oA issue practising certificates. 44. Applizcaa ntion for practising certificates. 45. Disacn T retion of Chief Justice to refuse certificate in special cases. f 46. nt oAdjudication in bankruptcy to suspend practicing certificates. e n4m7. Date and period of validity of practicing certificates. r ov e 5 G part vii 022 PRIVILEGES, RESTRICTIONS AND OFFENCES IN © CONNECTION WITH PRACTICE 48. Qualifications for practicing as advocate. 49. Rights of practicing advocate. 50. Unqualified person not to act as advocate. 51. Penalty for pretending to be advocate. 118 THE ADVOCATES ACT [CAP. 341 R.E. 2023] 52. Penalty for unqualified persons preparing certain instruments. 53. Instruments to be endorsed with name and address of drawer. 54. Offences by bodies corporate. 55. Power to exclude touts from precincts of courts. 56. Acting as tout prohibited. G. 57. Offence of, and penalty for, inducing clients to abandon their advocates. OA n o f part viii iss io REMUNERATION OF ADVOCATES rm pe 58. Power to make general orders as to remuneration of advocates. t ho u 59. Scales of rates of commission and percentage. wit 60. Security for payment of remuneration and regulating interest. tedu 61. Taxation of bills of costs. str ib i 62. Agreements with respect to remuneration for non contentiou d osr business. 63. Powers to make agreements as to remuneration for contenetdc io us business. 64. Miscellaneous provisions as to agreements with respercotd t uo costs of contentious business. rep 65. Certain circumstances taxing officer may reduce ea b mount payable under agreement. aym 66. Death or incapacity of advocate. k oo 67. Agreement excludes taxation. s bi 68. Miscellaneous provisions as to re mofu thneration for contentious business. 69. Power of High Court to order aadrtvocate to deliver his bill and to deliver up deeds. o p N 70. Action to recover advoceadt .es’ costs. 71. Taxation of bills on a rv speplication of party chargeable or advocate. 72. Taxation on appltsic raetion of third parties and beneficiaries under trust, etc.. 73. General provl riis gihons as to taxation. 74. Charging l a. oArders. an i an z part ix T of MISCELLANEOUS PROVISIONS nt 7m5e. Advocates to be officers of High Court. ernv 76. Payment of expenses of Committee. o 5 G 77. Authentication of regulations and other documents. 2 20 78. Fees for admission and practicing certificates to be paid to Law Society. © 79. Regulations. 80. Saving of other laws. 81. Omitted. 82. Repeal. 119 CHAPTER 341 THE ADVOCATES ACT . An Act to provide for the law relating to advocates and for connected G matters. f O A n o [1st January, 195 io Ords. Nos. 11 of 1971 3 of 2020 GNs. Nos. mis5s] 25 of 1954 22 of 1983 5 of 2021 347 of 1961 pe r 18 of 1957 12 of 1990 11 of 2023 433 of 1961 ut 36 of 1961 9 of 1996 490 of 1962 o ith Acts Nos. 31 of 1997 395 of 1963 d w C.A. 2 of 1962 4 of 2005 154 of 1971 ute 16 of 1963 5 of 2007 92 of 1975 trib 39 of 1969 11 of 2019 515 of 1991 di s d o r ce od u PART rIpre e PRELIMINARaYy bPROVISIONS m ok Short title 1. This Act may be cited bo is as the Advocates Act. f th Interpretation 2. In this Act, unle o asrst the context otherwise requires- Acts Nos. p 16 of 1963 s. 2 “advocate” me aNno s a person whose name is duly entered as an . 39 of 1969 s. 2 advocate eudrv pon the Roll; 11 of 1971 Sch. 22 of 1983 Sch. “client” riens ecludes a person who, as a principal or on behalf 12 of 1990 Sch. of gah tns other, or as a trustee or personal representative or 9 of 1996 Sch. l ri 5 of 2021 s. 4 l Ain any other capacity, has power, expressed or implied, nia . to retain or employ, and retains or employs or is about to a an z retain or employ, an advocate and a person who is or may T t o f be liable to pay to an advocate any costs; n me “Committee” means the National Advocates Committee ve rn o established under section 5; 5 G “costs” includes fees, charges, disbursements, expenses and 2 ©20 remuneration; “Council” means the Council of Legal Education established under section 10; 120 THE ADVOCATES ACT [CAP. 341 R.E. 2023] “East African Country” means the United Republic of Tanzania, Kenya and Uganda; “Law Society” means the Tanganyika Law Society established Cap. 307 under the Tanganyika Law Society Act; . “Minister” means the Minister responsible for legal affairs; OAG “parastatal organisation” means- n o f (a) a body corporate established by or under any writt io iessn Cap. 212 law other than the Companies Act; ermp (b) a trade union registered under the Employmoeun t t and Cap. 366 Labour Relations Act; th d w i Cap. 212 (c) a company registered under the Compbua tenies Act not less than fifty per centum of the issu i deisd tr share capital of which is owned by the Governmend to, r a local government authority or a parastatal orgaunced isation or, where the company is limited by guarapnroe tee, a company in respect of which the amount t bhea rt the Government, a local government authorit ym aoyr a parastatal organisation has, as member, undebrot oakken to contribute in the event of the company b is tehing wound up, is not less than fifty per centum of thrte o a f ggregate amount which all the members have unod pe artaken to contribute; and references in this p . N edaragraph to a parastatal organisation include refseerr vences to any such company; e “pract r hits ing certificate” means a certificate issued by the R ig ll registrar to an advocate, authorising him to practise a. A i as such within Tanzania, pursuant to the provisions of an nz Part VI; f T a o “Registrar” means the Registrar of the High Court; t en “Remuneration Committee” means the Committee rnme established under the provisions of Part VIII; ov G “Roll” means the list of advocates kept in accordance with 25 20 the provisions of Part IV; © “taxing officer” means the taxing officer of the High Court. 121 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Certain officers 3.–(1) An officer to whom this section applies shall, in exempt from provisions of Act connection with the duties of his office, be entitled to practise Acts Nos. as an advocate in the High Court or in any court subordinate 16 of 1963 s. 3 11 of 1966 s. 2 thereto constituted under the Magistrates’ Courts Act and . 11 of 1971 Sch. to perform any of the functions which, in England, may be AG 4 of 2005 s. 30 O 11 of 2019 s. 4 performed by a member of the Bar as such or by a solicitor f n o 3 of 2020 s. 4 of the Supreme Court of Judicature as such, and provided, bseios GNs. Nos. mi r 347 and 433 of subject to the provisions of this Act. pe 1961; (2) The officers to whom this section applies are- t ou 490 of 1962. Cap. 11 (a) the Attorney General, the Director ith wof Public d Prosecutions, the Solicitor General, uPteb arliamentary Draftsmen and State Attorneys andd isa trni y person duly qualified in the Office of the Adt to r rney General, the National Prosecutions Servicde caeu nd the Office of the Solicitor General; ro (b) the legal secretary Income r ep b Tax Department; (c) a person who is a ho ay mlder of law degree and who is a solicitor in any Disotor kict Council or Township Authority Cap. 287 established unhdis b t er the Local Government (District Authorities) f rt oAct, and in any city or urban authority establishe a o dp under the Local Government (Urban Cap. 288 Author.i Nd ties) Act; (d) thee rRv e s egistrar, Administrator-General, Public Trustee, e htsO r fficial Receiver, Commissioner for Lands and any ll r ig person duly qualified holding office in the office of the A ia. Registrar or of the Administrator-General, or of the an nz Official Receiver or the land officer; a of T (e) a person duly qualified holding office in such parastatal t en organisation as the Minister may, by order published in rnme the Gazette, designate for the purposes of this section. ov G (3) For purposes of this section “person duly qualified” 02 5 2 means a person who is the holder of one of the professional © qualifications set out in of section 16(1)(a). 122 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Certain advocates 4.–(1) Without prejudice to the provisions of section 3, where exempted from provisions of Act an advocate is appointed by the President or any other authority Act No. to hold a position in the Government, National Assembly or 3 of 2020 s. 4 Judiciary, his practising certificate shall be stayed until when . he is relieved from his appointment, either by cessation of G OA the appointment, retirement or authorised to practice by the f n o Attorney General pursuant to the provisions of section 21 isosf io Cap. 268 the Office of the Attorney General (Discharge of Duties) Aermp ct. (2) An advocate referred to under subsection (1) osuh t all be treated as a public servant from the date of his appoinwtitmh ent and d his status shall be reflected as such in the Roll ubnu tteil when he is relieved from his appointment or otherwise permtridis itted to practice by the appointing authority, in which case dh oe r shall be required to comply with the provisions of this Act frdou cme the date he is relieved from his appointment or otherwise apuroe thorised to practice by the Attorney General pursuant to the b ep rrovisions of section 21 of the Cap. 268 Office of the Attorney Generaml a y (Discharge of Duties) Act. (3) An advocate referorob ekd under subsection (1) shall be exempted from the annisu th al processes of renewal of practising certificates, submisrst ioo f n of any returns or payment of fees and related costs unt a oi pl when he is relieved from his appointment or otherwisee a . uNd thorised to practice by the Attorney General pursuant rv steo the provisions of section 21 of the Office of the e Cap. 268 Attornhe r tsy General (Discharge of Duties) Act. ig All r [s. 3A] ia. an an z PART II f T t o ADVOCATES COMMITTEES1 enm E rn vsetablishment 5.–(1) There shall be established for the purposes of this Act of National 5 GAdvocates a committee to be called the National Advocates Committee 20 2 Committee © consisting of: Acts Nos. 39 of 1969 s. 2 (a) a Judge of the High Court of the United Republic 22 of 1983 Sch. nominated by the Chief Justice; 5 of 2021 s. 6 1 Act No. 5 of 2021, s. 5 123 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (b) the Attorney General, or the Deputy Attorney General or Director of Public Prosecutions; and (c) a practising advocate nominated by the Council of the Law Society. . (2) During the temporary incapacity or absence from OAG Tanzania of the member nominated by the Council of the Law n o f Society, such Council may nominate any practising advocaistse io to act as a temporary member in the place of such mepme rmber until his recovery from incapacity or his return, or uoun t til the expiration of his period of office, whichever first oc wciuthrs. d (3) During the temporary incapacity or te buabsence from Tanzania of the High Court Judge nomindaist terid by the Chief Justice, the Chief Justice may nominate da on r other Judge of the High Court to act as a member of thueced Committee and such Judge may so act. ro ep (4) The High Court Judge sbhe ar ll be the Chairman of the Committee and shall preside m a aty all meetings of the Committee, and in the absence from abon oyk meeting of the High Court Judge duly nominated by th is teh C hief Justice either under subsection (1) or (3), the Attorrnt oe fy General, the Deputy Attorney General or the Director oo fp aPublic Prosecutions, shall be the Chairman of the meetin . N egd . (5) Twose rm v embers of the Committee, one of whom shall be e the Athttos rr ney General or the Deputy Attorney General, or the Dirlel rci gtor of Public Prosecutions shall form a quorum. ia. A(6) Any question before the Committee shall be decided an nz by a majority of votes of the members present and voting, in of Ta the event of equality of votes the Chairman of the meeting t en shall, in addition to his deliberative vote as a member of the rnme Committee, have a casting vote. ov G (7) Where the conduct of the member nominated by 5 20 2 the Council of the Law Society is the subject matter of an © application or allegation made under the provisions of section 21, 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 124 THE ADVOCATES ACT [CAP. 341 R.E. 2023] 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. OAG [s. 4] of n ss io Establishment 6.–(1) There is established in each Region, the Regeiormn i al of Regional Advocates Advocates Committee which shall be composed of: t p ou committees (a) the High Court Registrar of the Zone wherei ththe High Act No. d we 5 of 2021 s. 7 Court is situated who shall be a Chairmaunt ; 11 of 2023 s. 4 (b) the Regional State Attorney or the Regiisotr inbal Prosecution Officer; and r d o (c) a Chapter Convener of Tanganycieu kda Law Society in the region. rodp (2) The Regional Advocatesb e Cre ommittee may appoint a public officer who has requ miasyite knowledge in law to be a Secretary to the Regional oAo kd vocates Committee. (3) Two members ofs bhi the Regional Advocates Committee, t one of whom shallr tb o fe a Regional State Attorney or Regional Prosecution Offic peao r, shall form a quorum. (4) A perso. nNd who complains against an advocate shall file the complaers ivnet with the Secretary to the Regional Advocates Commti e st rtee. (5 ri)g h l The Secretary to the Regional Advocates Committee l sah. A i all, upon receipt of a complaint under subsection (4), n za forward that complaint to the Judge in-charge of the zone in Tan f which, that region is situated. nt o e [s. 4A] ern m oPvowers of 7.–(1) The Regional Advocates Committee shall have 5 GRegional 02 Advocates jurisdiction to hear and determine- ©2 Committee (a) any application by an advocate to procure the removal Act No. 5 of 2021 s. 7 of his name from the Roll; (b) any application by any person to remove the name of any advocate from the Roll; or 125 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (c) any allegation of misconduct made against any advocate by any person. (2) The procedure for hearing an application or allegation under section 21 shall mutatis mutandis apply to the hearing of . application or allegation under this section. OAG (3) Where, upon determination of an application under this f n o section, the Committee is of the opinion that the appropriaistse io measure is removal of the advocate’s name from the Rpoe rlml, it shall forward the findings together with its recommenoud t ations to the National Advocates Committee for determinwai tthion. ted bu [s. 4B] triis Rules of 8. The Chief Justice may make rules for be ottr edr implementation Advocates Committee of the provisions relating to Advocates ed u Cc ommittees. d Act No. ro [s. 4C] 5 of 2021 s. 7 re p y b e Attorney General 9. Meetings of the Commitkt a eme shall be held at such times and to fix times oo and places for places as the Attorney Gse bneral shall fix. i meetings of f th [s. 5] Committee rt o pa . N o PART III d CervO e UNCIL OF LEGAL EDUCATION ress Establishment 10.–r(ig1 h)t There is hereby established a Council of Legal and procedure of ll Council E.d Aucation which shall consist of: a Act No. nia (a) the Chief Justice or his representative who shall be a 16 of 1963 s. 4 nz Ta Chairman; of nt (b) the Attorney General or his representative; rnm e (c) the Dean of the Faculty of Law of the University of Dar ov e es Salaam or his representative; and G 25 (d) two practising advocates elected by the Law Society. ©20 (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 be eligible for re-election. (3) The meetings of the Council shall be held at such times and places as the Chairman may determine. 126 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (4) At a 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 OAG voting but the Chairman shall have no casting vote. f n o (6) Subject to the provisions of this section, the Counic io ssil may regulate its own procedure. pe rm ou[ t s. 5A] ith w Functions of 11. The functions of the Council shall be tout ee dxercise the Council Act No. functions conferred upon it by or under thisis otr irb any other law 16 of 1963 s. 4 and to exercise general supervision and d o r control over legal education in Tanzania for the purpouscee ds of this Act and to advise the Government in relation throedp reto. e be r [s. 5B] y a Establishment 12.–(1) There shall be a Peorkm manent Secretariat which shall be of Permanent Secretariat responsible for the day tio b d o s ay administration and management Act No. of the Council. f tho 5 of 2007 s. 30 t (2) During th ep ai rnterim period, the Permanent Secretariat shall be resp o do. Nnsible for allocation of law graduates from accredited e eurvniversities for purposes of undertaking practical legal tra irne s s ing. ht (3) llTh r ig . A e “interim period” referred to in subsection (2) means ana ia period commencing from the date of coming into operation z Cap.425 n Ta of the Law School of Tanzania Act, up to a date on which the t o f conduct of practical legal training shall commence. n nm e [s. 5C] ve r 5 G oFunctions of 13. The functions of the Permanent Secretariat shall be to 02 Permanent ©2 Secretariat in provide logistical and technical support to the Council in relation to Law monitoring and control of practical legal training programme School. Act No. in Tanzania. 5 of 2007 s. 30 [s. 5D] 127 THE ADVOCATES ACT [CAP. 341 R.E. 2023] PART IV ROLL OF ADVOCATES Registrar to keep 14. The Registrar shall, in accordance with the provisions of . Roll of advocates this Act and of any regulations made thereunder, keep a Roll AG O of all advocates. of on [s. is6s] i rm pe Roll and 15. The Registrar shall enter upon the Roll the name ouft ho every precedence of existing advocates person who is qualified to practise as an advocate din it w Tanzania, and the order of entry of such names shall be a te bcucording to the i precedence of such persons as between themdis ter lves. r d o [s. 7] e uc Admission and 16.–(1) A person may apply to the Cprho dief Justice to be admitted enrolment of advocates as an advocate- re be Acts Nos. (a) where he holds onem ayof the following professional 16 of 1963 s. 5 k 31 of 1997 Sch. qualifications, thato ios to say- 11 of 2023 s. 5 (i) if he is a hhois t lbder of a degree in law granted by an Sch. GN. No. accredi rtt eo fd university, or any other higher learning 395 of 1963 insti a ot pution and has a post-graduate diploma i N end . legal practice granted by the Law School of ervs Tanzania; e ts( iri) if he is a legal practitioner by whatever name igh ll r called and thereby has a right of audience before A ia. any court having unlimited jurisdiction in civil za n n and criminal matters in any Commonwealth f T a country or in any other country designated by the nt o e Minister for the purposes of this section; ern m (iii) if he is a Solicitor of the Supreme Court in ov G England, Northern Ireland or the Republic of 25 20 Ireland, a Writer to the Signet, a Solicitor in the © Supreme Court of Scotland, or a person admitted or deemed to have been admitted as a solicitor under the Solicitors (Scotland) Act, 1933, of the United Kingdom, or if he is the holder of any 128 THE ADVOCATES ACT [CAP. 341 R.E. 2023] similar qualification which is accepted by the Council as a professional qualification for the purposes of this subparagraph; and (b) subject to the provisions of subsection (3), where . either- G OA (i) he has complied with such requirements whether n o f relating to instruction or examination or otherwiissse io as to the acquisition of professional experieermp nce as may be specified in regulations madeou tb y the Council; or with d (ii) he has been in continuous practice te b uas an advocate in Kenya, Uganda or Zanzibadris trdi uring the five years immediately precedingd ho ri s application. (2) The Council may exempt any pdeu creson from all or any of the requirements specified under seupb rosection (1)(b)(i). (3) An application made uned r b er this section shall be by petition to the Chief Justice ay imn such form and manner and on payment of such fee as mbaoy ok be prescribed. (4) Upon an applica s tht iion being made under this section and upon proof to his sartt ios ffaction of the qualification and suitability of the applicant, ot hp ae possession by the applicant of an adequate knowledge o . N efd the language of the Court, and upon production of such tesesrt vimonials as to character as he may require, the e Chief hJtus srtice shall, unless cause to the contrary is shown to his satilsl rfia gction, by writing under his hand and in such manner a A ian. d form as he may, from time to time, think fit, admit the za n n applicant as an advocate. Ta of (5) There shall be endorsed on each certificate of admission nt e issued by the Chief Justice words to the effect that the certificate ern m in itself is not a licence to practise as an advocate. ov G (6) The Registrar shall, upon production of an admission 02 5 2 certificate signed by the Chief Justice, and on payment to the © Registrar of the prescribed fee, enter on the Roll the name of the person so admitted. (7) This section shall not prejudice or affect the qualification or status of any person who immediately before 129 THE ADVOCATES ACT [CAP. 341 R.E. 2023] the commencement of this Act was qualified to practise as an advocate according to the law then in force. (8) All reports and communications under this section shall be absolutely privileged. . [s. 8] AG of O Precedence of 17. Advocates shall take precedence among themselvessio n advocates s C.A. according to the order of entry of their respective nameesrm o i n Act No. the Roll: p ou t 2 of 1962 4th Sch. Provided that, the Attorney General shall take prithecedence over all other advocates: ted w u And provided further that, a person admisittr itbed to the Roll, who was, immediately before his applic aotr idon for admission to the Roll, the holder of an office to we uch dich the provisions of section 3 apply, may be accorded byp rtoh de Chief Justice, with the consent of the Committee, pre e bce erdence commensurate with the period immediately precedyi ma ng the date of such application during which he held any k osouch office within Tanzania. b his [s. 9] t rt o f o p a PART V N ed . REMOVAL FROM AND erv es RESTORATION TO THE ROLL r hts g Meetings of 18. ll Thri e Attorney General may at any time, and shall, when Committee riae. A Act No. n quested to do so by the Chairman of the Committee, convene 39 of 1969 s. 3 zan a meeting of the Committee for the purpose of enquiring into of Ta any allegation of misconduct made against any advocate. nte [s. 10] m ern GoInvformation upon 19. In the exercise of his power under section 18, the Attorney 25 which 20 Attorney General General may act upon information which is brought to his © may act notice in any manner whatsoever. Act No. 39 of 1969 s. 3 [s. 11] 130 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Authority of 20. The Attorney General may, instead of or in addition to Attorney General to require summoning before the Committee a person who makes affidavit of allegations of misconduct against any advocate, require that allegations of misconduct person to support such allegations by an affidavit setting out . the facts on which he relies as proof of misconduct. OAG [s. 12] n o f sios Powers of 21.–(1) The Committee shall have jurisdiction to heare ramni d Committee Act No. determine- ut p o 39 of 1969 s. 4 (a) any application by an advocate to procure thwi eth removal 5 of 2021 s. 8 of his name from the Roll; ute d (b) any application by any person to rem ib istor ve the name of any advocate from the Roll; d or (c) appeals from the Regional Advuo d cceates Committee; (d) any other matter referred to ipt rbo dy the Regional Advocates Committee; or e be r (e) any allegation of misconyd ma uct made against any advocate by any person. k oo (2) Where an applhic b isa tion or allegation of misconduct is t made under subsercotif t on (1)(b) or (c), the Committee shall have power to re qpao uire the advocate in respect of whom such application isd .m Nade, or in respect of whom such allegation is made, to ssehr voew cause why his name should not be removed from thse r e t Roll of advocates or to answer the allegation made: Pl rrigo hvided that, where, in the opinion of the Committee, an l aiap. Aplication under subsection (1)(b), or an allegation under za nparagraph (e) of that subsection does not disclose a prima n f T a facie case, the Committee may refuse such application or may t o en dismiss the allegation without requiring the advocate to whom ern m the application or allegation relates to show cause why his ov G name should not be removed from the Roll or to answer the 5 02 allegation. ©2 (3) On the hearing of an application under subsection (1) (b) or any allegation under paragraph (e) of that subsection- (a) the Committee shall give the advocate to whom the application relates or against whom the allegation is 131 THE ADVOCATES ACT [CAP. 341 R.E. 2023] made an opportunity to appear and be heard by it, and for that purpose shall, not less than seven days before the date fixed for the hearing, inform him of such date and of the particulars of the application or allegation, . furnish to him a copy of any affidavit made in respect of OAG the application or allegation, and notify him of the time n o f and place when and where he may inspect and make saiois copy of any other document in the possession opef r mthe Committee which it deems relevant to the appouli t cation or allegation; th d w i (b) the Committee may in the course of thbeu the earing, hear such witnesses and receive such docudm r ist e i ntary evidence as in its opinion may assist it in com or d ing to a conclusion as to the truth or otherwise c dou fe any allegation made against the advocate. ep ro (4) Upon the conclusion of ea r b hearing under subsection (3), the Committee may, if mit a yis satisfied of the truth of the allegations upon which anbo oakpplication under subsection (1)(b) is founded or of any allheigs t ation of misconduct made against the advocate- f rt o (a) direct tha tp ao the name of the advocate be removed from the R . N rve odll; (b) adsme onish the advocate; or e (c) ts h ur spend the advocate from practising for such period g ll r i as the Committee may direct. ia. A(5) In any proceedings under this section the Committee n nz a shall have power to make any such order as to payment by any of Ta party of any costs or witness expenses as it may think fit, and nt e any such order shall be deemed to be an order of the High m ern Court and may be enforced in like manner. ov G (6) Where in the course of any hearing before the Committee 5 20 2 after the whole or any part of the evidence has been heard and © recorded, there is for any reason a change of the members of the Committee, the Committee may act on the evidence so recorded before such change, or partly recorded before and partly recorded after such change, or the Committee may re-summon the witnesses and recommence the hearing: 132 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Provided that, the advocate whose misconduct is the subject matter of the proceedings may, when the Committee resumes its proceedings after such change, demand that all the witnesses or any of them be re-summoned and reheard and . shall be informed of such right by the Committee when it so OAG resumes its proceedings. n o f [s. 1is3s] io erm Rules governing 22.–(1) The Committee may, with the approval of thoue t pChief Committee ith Act No. Justice, make rules for regulating the making, h ewaring and 39 of 1969 s. 5 determination of applications to the Committuete d under this Part. tribis (2) For purposes of any application moar d d e to it under this Part, the Chairman of the Committee ed u cmay administer oaths and may issue summonses undeprr o dhis hand directing any person named therein to attendb ea rte the time and place therein mentioned to give evidence moary to produce documents therein specified, or to do both. oo k s bi (3) A proceeding bef oof rthe the Committee under section 21 shall, t Cap. 16 for the purposes opaf rChapter XI of the Penal Code, be deemed to be judicial dp. r Nooceeding. rve [s. 14] es e s r Disobedience to 23. Wighh t ere a person upon whom a summons issued under summons and r refusal to give th. eA llprovisions of section 21 has been served refuses or omits evidence nwiaa ithout sufficient cause to attend at the time and place nz Ta mentioned in the summons, or refuses without sufficient cause of to answer fully and satisfactorily to the best of his knowledge en t nm and belief all questions put to him by or with the concurrence of er ov the Committee, or refuses or omits without sufficient cause to 5 G2 produce any documents in his possession or under his control 0 ©2 which are mentioned in the summons commits an offence and on conviction, shall be liable to a fine not exceeding one thousand shillings: Provided that, a person giving evidence before the Committee shall not be compellable to incriminate himself, 133 THE ADVOCATES ACT [CAP. 341 R.E. 2023] and that every such person shall, in respect of any evidence given by him or any document he is required to produce, be entitled to all the privileges to which a witness in a trial before the High Court is entitled in respect of evidence given by him . or a document he is required to produce before such court. G OA [s. 15] f n o ss io Repealed 24-29. [Repealed by Act No. 39 of 1969 s. 6.] erm i [s t p o.u 16-21] ith Disciplinary 30.–(1) This Act shall not supersede, or interfedr we with the powers of te Judges and High powers vested in the Chief Justice or any of ibu stthr e Judges of the Court apart High Court to deal with misconduct or offer nd ices by advocates. from inquiry by o Committee (2) Without prejudice to the gener d ceal ity of the foregoing Act No. subsection, notwithstanding that noro di unquiry may have been 12 of 1990 Sch. made by the Committee- e r ep (a) the Chief Justice or they ba High Court shall have power, for any reasonable ocka muse to admonish any advocate or to suspend him o i sf brom practising during any specified period or ma th okf e an order of removing his name from t the Roll; ar p (b) any Jud.g Nd eo of the High Court shall have power to suspend an earvd evocate in like manner temporarily, pending a sr er efserence to, or disallowance of such suspension by, the t l ri gh High Court; l . A(3) An advocate aggrieved by any decision or order of the anz Cia hief Justice or a judge of the High Court made in pursuance Tan to paragraph (a), may, within thirty days of such decision or nt of order appeal- rnm e (a) in the case of a decision or order by a judge of the High veo Court, to the Advocates’ Committee; and 25 G 0 (b) in the case of a decision or order of the Chief Justice, to ©2 the Court of Appeal: Provided that, where the decision or order appealed against was made by a judge of the High Court nominated by the Chief Justice to be a member of the Advocates’ Committee under 134 THE ADVOCATES ACT [CAP. 341 R.E. 2023] section 5(1)(a) such judge shall not sit at the hearing of the appeal by the Committee, and in such case, the Chief Justice may nominate another judge of the High Court as provided under section 5(3) and save further that in an appeal to the . Court of Appeal against a decision or order of the Chief Justice AG O the latter shall not sit to hear the appeal. of n [s. 2s2s]i o erm i Repealed 31. [Repealed by Act No. 39 of 1969 s. 7.] t pu ith o d w [s. 23] te Orders of High 32.–(1) Where, in proceedings under or bstyr ib uvirtue of this Court to be noted on Roll and copy Act, any advocate is admonished, or an oorrd dei r is made by the to be sent to other Committee removing his name from tcheed Roll, or suspending East African countries him from practice, or as to the paymrode unt by him of costs, the Act No. Registrar shall cause a note of th ere peffect of such admonition 39 of 1969 s. 8 e or order to be entered against b matyhe name of the advocate on the Roll and, where the ordero ks o directs, shall remove his name from the Roll. bois (2) The Registrar osfh thall send to the Supreme Court or High t Court of each Ea r psat African country a certified copy of every order, includi N dn. g o orders made on appeal made under or by virtue of tehrvis e Act as to removal of the name of an advocate from thse r eRs oll, as to replacing the name of an advocate on the Roll orhtrig as to suspending an advocate from practice. All . [s. 24] ia za n Appeals Tan 33.–(1) An advocate aggrieved by any decision or order Acts Nos. of 39 of 19 t of the Committee under this Act may, within thirty days of 12 of m19e 6n9 s. 9; n 90 Sch. such decision or order, appeal to the High Court against such er ov decision or order. 25 G (2) On any appeal under this section the High Court may 0 ©2 affirm, reverse or vary the decision or order appealed against, and may in addition thereto exercise all the powers conferred Cap. 33 upon the High Court by the Civil Procedure Code, in relation to an appeal from civil suits. 135 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (3) In any appeal under this section the Committee shall be made a party thereto and have a right to be represented at the hearing and to oppose the appeal. (4) An appeal under this section shall be heard by a full . bench of the High Court composed of not less than three OAG Judges: n o f Provided that, where the proceedings concern a decision iossr io order made by a judge of the High Court under section rm p3e0(a) such judge shall not sit to hear the appeal before the fuolul t bench of the High Court. ith d w (5) [Omitted]. te trib u dis [s. 24A] d o r Reciprocal 34.–(1) Where any advocate who isc ealso an advocate or enforcement of u suspensions and legal practitioner, by whatsoever nraodp me or style designated, striking off in of, or is entitled to practise abse rseuch in, any reciprocating East African countries Commonwealth country is smuas y pended from practice in such Act No. country by order of a co k omo petent court or other competent 9 of 1996 Sch. authority of or in such hciso buntry, a note of such suspension shall t be entered by the Rrt eog f istrar against the name of the advocate on the Roll, ando tph aereupon such advocate shall be suspended from practiced . a Ns an advocate in Tanzania for the period for which his esruv e s spension from practice in such country remains effectivtes ,r eor until the note of such suspension is deleted in accol rrigd hance with the provisions of subsection (3). l a. A i (2) Where the name of any such advocate as aforesaid is, by anz order of a competent court or other competent authority of or an f T in any reciprocating Commonwealth country made otherwise t o en than on the application or at the request of the advocate himself, ern m removed or struck from or off the Roll or list of advocates or ov G legal practitioners of such country, or if by any such order as 250 aforesaid, made otherwise than on the application or at the ©2 request of the advocate himself, such advocate is disbarred, or otherwise disentitled to practise as an advocate or legal practitioner, by whatsoever name or style designated, in such 136 THE ADVOCATES ACT [CAP. 341 R.E. 2023] country, the name of such advocate shall be removed from the Roll by the Registrar. (3) Notwithstanding anything contained in this Act the Chief Justice may, if he thinks fit, either on his own initiative . or on the recommendation of the Committee at any time- G OA (a) order that a note of the suspension from practice of any of n advocate in an reciprocating Commonwealth countr io issy shall not be entered by the Registrar against the r pneamme of the advocate on the Roll; ut o (b) order that the name- ith d w (i) of any advocate which by order obuf tea competent court or other competent authdoisr triity of or in any reciprocating Commonwealotrh d country made otherwise than on the appl e dui ccation or at the request of the advocate himselfe ph roas been removed or struck from or off the roll boer r list of legal practitioners of such country; ay m (ii) of any advocoaot k b e who by any such order as in subparagrta hips h (i) is disbarred or otherwise disentirttl o efd to practice as an advocate or legal pracot pit aioner, by whatsoever name or style d . N edesignated in such country, shall not be removed ervs from the Roll by the Registrar; e (c) htso rrder the Registrar to replace on the Roll the name of g ll r i an advocate whose name has been removed from the ia. A Roll in accordance with the provisions of this section; an nz or a of T (d) order the Registrar to delete from the Roll any note of nt e the suspension from practice of any advocate in any ern m East African country entered against the name of such Gov advocate on the Roll. 5 20 2 (4) Where in any case to which the provisions of this section © applies the name of an advocate is restored to the Roll or list of advocates or legal practitioners in any East African country, or if he otherwise becomes entitled again to practise as aforesaid 137 THE ADVOCATES ACT [CAP. 341 R.E. 2023] in such country, his name shall, subject to the provisions of this Act, be replaced on the Roll by the Registrar. (5) In this section, the expression “reciprocating Commonwealth Country” means any Commonwealth . Country in respect of which the Minister declares, by order AG O published in the Gazette, that he is satisfied that reciprocal n o f effect will be given under the law of that country to any ord io isesr made under this Act for the suspension of advocates rm pef om practice or the removal of their names from the Roll. t tho u i w [s. 25] tedu Effect of 35. Where under the provision of this Actis ttr ihb e name of an disciplinary action advocate has been removed from the R oor dll or an advocate has been suspended from practice, huisce dpractising certificate, if any, shall be deemed forthwith tporo dhave been cancelled, or, in the case of suspension for a pe rrebe iod less than the unexpired period to which his practisinmga yc ertificate relates, to have been suspended for such lesser k opoeriod. is b h [s. 26] of t t Limitation of 36. Subject as he raerp inafter provided, an advocate shall not be time for certain applications to liable to haved . h Nois name removed from the Roll on account remove name of any defervcee t in his admission and enrolment, unless the from Roll applicatsi ro esn to remove his name from the Roll is made within six m ht rigonths after the date of his enrolment: ll . AProvided that, this section shall not apply to any case where nfiaza raud is proved to have been committed in connection with n of Ta the admission or enrolment. nt [s. 27] me Pvee rn o rsons 37.–(1) Subject to the provisions of subsection (2), a person Gsuspended 25 or disbarred who, in accordance with the provisions of this Act or otherwise 20© may apply for by the High Court, has been suspended from practising during variation of order Act No. a specified time or whose name has been removed from the 39 of 1969 s. 10 Roll, may apply to the High Court for an order, in the former case, to set aside the order or to reduce the period of suspension and, in the latter case, to set aside the order or for re-admission. 138 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (2) The right to apply under subsection (1) shall be subject to the following limitations: (a) in the case of an order of suspension, no application shall be made until after the expiration of two years from the . date of such order or of half the period of suspension, OAG whichever is the less, and when an application has been of n made and determined no further application shall io ibsse made until after the expiration of two years fromerp mthe date of such determination; and ut o (b) in the case of an order removing a name fromith w the Roll, d no application shall be made until afterb ut thee expiration of two years from the date of such odr i isdtrer and when an application has been made and dedt oe rr mined, no further application shall be made un c duti el after the expiration of two years from the daept reo of such determination and, in the case of su beb rsequent applications, until after the expiration o y mf a two years from the date of the determination of ok btohe last previous application: Provided that, in th teh i se vent of any new material fact coming to light since the m f rt aoking of the original order of suspension or removal fromo pt ahe Roll, which fact might have influenced the Court ore dt .h Ne Committee in making the order, the person affected mearyvs , at any time, apply to a Judge in Chambers for e permihstsi ron to apply for reconsideration of the original order, and irifgll the Judge is of the opinion that such fact should be placed be. Aia fore the Court or the Committee which made the original an nz order, whether or not he considers that such fact would have Ta of influenced the original decision, he may grant such application, nt e and where such application is granted- ern m (a) if the original order was an order made by the High ov G Court, the High Court shall proceed to reconsider the 5 20 2 order; © (b) if the original order was an order made by the Committee, the Committee shall proceed to reconsider the order. [s. 28] 139 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Application 38.–(1) An application under section 37 shall be by petition by petition supported by and be accompanied by a supported affidavit setting forth the affidavit and grounds upon which the applicant relies. served on Attorney General (2) A copy of such petition and affidavit shall be served . upon the Attorney General not less than seven days before the OAG day of hearing. of n [s. 2is9s] io erm Hearing in open 39. The petition shall be heard in open court and the peout ti tpioner court and the Attorney General may appear or be represe ith d w nted. ute [s. 30] ib str Hearing of 40. The High Court at the hearing of the p di ore tition may require petition and d decision thereon any statement made by or on behalf ocef the petitioner to be verified on oath or may require furtherord uevidence either orally or by affidavit in respect of any spec ep ei rfied matters or after hearing the petitioner and the Attorne ay bGeneral in reply may adjourn the determination of the poke t mition for a period not exceeding two years and may requis ibr oe to be supplied at a specified time or times during the oaf dthjournment with any such information t relating to the pe ptai rtion as the Court may think necessary, or the Court may-No d. (a) in tehrve e case of an application to set aside the order of ss ur esspension or to reduce the period of suspension- ht rig (i) set aside the order of suspension; ll . A (ii) reduce the period of suspension for a specified an ia z time or to a specified date; or n Ta (iii) decline to make any order; and of nt (b) in the case of an application to set aside an order rnm e removing a name from the Roll or for re-admission- ov e (i) set aside the original order; 5 G 02 (ii) direct the Registrar to re-admit the petitioner ©2 either forthwith or at some future date; or (iii) decline to make any order; and (c) make such order relating to the Roll and otherwise as the Court thinks fit. [s. 31] 140 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Costs where 41. Where the High Court, in the case of an application to application unsuccessful have an order of suspension set aside or to have the period of suspension reduced, refuses to make an order setting aside or reducing the period of suspension and, in the case of an . application to have an order removing a name from the Roll AG O aside or for re-admission, declines to make any order setting of n aside or for re-admission, the High Court may direct that t io ihsse applicant do pay to the Attorney General his taxed copset rsm or such sum in lieu of taxed costs as the Court may speciofuy t. ith w [s. 32] d ute Proceedings 42.–(1) Proceedings, whether civil or crimiin ib stral, and whether under this Part in addition to other pending or terminated, shall not be a bar o rt od any proceedings remedies under this Part based on the same or d ucseubstantially the same facts as those to which such civil or c d proiminal proceedings relate and no such proceedings, howsoee r e b ver determined, shall in any way derogate from the powemr aoy f the High Court to admonish an advocate, or make an kr oo der removing his name from the Roll or suspending hims bhi from practice or from the powers of t the High Court or a rt oju f dge under the provisions of section 30. (2) Proceedion pg as under this Part, whether pending or terminated, shda. Nll not be a bar to any civil or criminal proceedings or other remrvese edy based on the same or substantially the same facts as e t st rhose to which the proceedings under this Part relate. gh l ri [s. 33] Al nia . za PART VI n of Ta PRACTISING CERTIFICATES nt me Reegrinstrar to 43.–(1) It shall be the duty of the Registrar to issue in accordance v Goissue practising certificates with the provisions of this Part, certificates authorising the 02 5 2 Act No. advocates named therein to practise as advocates. © 11 of 2019 s. 5 (2) 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. 141 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (3) Notwithstanding subsection (2), the Attorney General may, upon application by a Law Officer or State Attorney, or where in his opinion he considers it necessary, exempt a Law Officer or State Attorney from the application of . subsection (2). OAG (4) Without prejudice to subsection (2), a Law Officer or of n State Attorney may, subject to the guidelines prescribed by thseiois Attorney General, administer oaths or attest documentse ramp s a commissioner for oaths or as a notary public: ut o Provided that, such attestation or administratio t wni hshall not d have potential conflict of interest with his emplbouy teer. tri dis [s. 34] or Application 44.–(1) An advocate applying for a pra ceu tidsing certificate shall- for practising certificates (a) deliver or send to the Registprraor d a written declaration in Act No. the prescribed form in due pr elicate stating the name and 31 of 1997 Sch. b place of business of th maey applicant and the date of his admission and sign k ooed by the applicant or his partner; (b) pay to the Regisht b irs ar the prescribed fee for the practising t certificate; arn t od f (c) pay into ptao he funds of the Law Society the annual subscrdi.p Ntion for the current year prescribed under the Cap. 307 Tasnegr vaenyika Law Society Act. (2) Ths r e t e Registrar shall cause all the particulars contained in thigehl r declaration to be entered in a Register kept for that l pau. A i rpose, and any person may inspect such Register during za noffice hours without payment. Tan f (3) Subject to the provisions of section 45, the Registrar, if nt o e satisfied that- m ern (a) the name of the applicant is on the Roll and he is ov G entitled to practice in Mainland Tanzania; 02 5 (b) he has paid his annual subscription for the current year ©2 into the funds of the Law Society; (c) he has paid the prescribed fees for the practising certificate; (d) he has paid for the business licence; and 142 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (e) if he is employed or committed otherwise than as an advocate, he has obtained approval from his employer or such other principal to practise as an advocate, shall, after the expiration of six days from the delivery to . him of the declaration, deliver to the applicant or his agent OAG upon demand a practicing certificate in such form as may be n o f prescribed. siois (4) Where in any case, not being a case to which sectipoen rm 45 applies, the Registrar on application duly made to himo ur t efuses or neglects to issue a practising certificate, the appwli itchant may d apply to a Judge of the High Court who may m te bauke such order in the matter, including an order for paymendist t roi f costs by or to either the Registrar or the applicant, as shd aol r l be just. Cap. 101 (5) Notwithstanding the provisdi e uocns of the Business Licensing Act every business licenepc reo granted to an advocate under that Act shall expire on th be rthirty first day of December next following the date of iss mu aey. ok bo [s. 35] is th Discretion of 45.–(1) In any of thrt eo f following cases, that is to say, where an Chief Justice to refuse certificate advocate- pao in special cases (a) applies. fNd or a practising certificate, having neglected to obsteari vne such a certificate within six months after the tse rx epiration of the last certificate issued to him; (lb ri)g h applies for a practising certificate whilst he is an Al ia. undischarged bankrupt; or anz (c) having been suspended from practice or had his name Tan f removed from the Roll, first applies for a practising t o en certificate after the expiration of his suspension or after ern m his re-admission to the Roll, v G o he shall, unless the Chief Justice otherwise orders, give to the 250 Registrar, at least six weeks before the application is made, ©2 notice of his intention to make the application, and the Chief Justice in his discretion may refuse the application. [s. 36] 143 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Adjudication 46.–(1) An adjudication in bankruptcy of an advocate shall in bankruptcy to suspend operate immediately to suspend the practising certificate, if practicing any, of such advocate for the time being in force, and such certificates suspension shall continue in operation until the certificate . expires or the adjudication in bankruptcy is annulled, and an OAG office copy of the order annulling the adjudication has been f n o served upon the Registrar or the suspension is terminated ibssy io order of the Registrar or the Chief Justice under subsepce rtmion (2), (3), (4) or (5), whichever shall first happen. ut o (2) At any time before the certificate would, awpithart from d any suspension hereunder, have expired, anbdu t e in the case of adjudication in bankruptcy notwithsdtias tnriding that the adjudication has not been annulled, r ds ouch advocate may apply to the Registrar to terminate t ce dhu e suspension, and the Registrar, in his discretion, may de ro epcide to terminate by order the suspension unconditionally boe rr subject, to such terms and conditions as he may in his ay dmiscretion think fit or may refuse the application. k bo o (3) Where the Retghiiss trar shall refuse the application to terminate the suspe nofrt sion subject to any terms or conditions, such advocate mo apy a appeal against such decision to the Chief Justice who md.e a Ny either affirm the decision of the Registrar or, by order, v r saer vy any terms or conditions imposed by the Registrar e or termtsi h nr ate the suspension unconditionally or subject to such termll ris g and conditions as he may think fit. a. A i (4) When the practising certificate of an advocate has an nz become suspended by virtue of his adjudication in bankruptcy a of T or by virtue of an order of the Chief Justice, the Registrar shall nt e forthwith cause a notice of such suspension to be entered rnme against the name of such advocate in the Roll. ov G (5) When the suspension of the practising certificate of an 250 advocate has been terminated by annulment of the adjudication ©2 in bankruptcy of the advocate and service upon the Registrar of an office copy of the order annulling the adjudication or by order of the Registrar or Chief Justice under this section the Registrar shall forthwith cause a note of the termination of the 144 THE ADVOCATES ACT [CAP. 341 R.E. 2023] suspension to be entered against the name of such advocate in the Roll. [s. 37] Date and period 47.–(1) A practising certificate shall, subject as hereinafter AG. of validity of practicing provided, take effect on the day on which it is issued by the O n o f certificates Registrar: ss io Provided that, a practising certificate issued betweener mt ihe first day of January and the first day of February in aoun t yp year to an advocate who held a valid practising certifi it cwathe on the thirty-first day of December of the preceding yuetea dr shall have effect for all purposes from the first day of Jan ib isutrary in that year. (2) A certificate shall continue in for core d from the day on which it has been taken or takes effect ed uicn accordance with this section until the thirty-first day of rDodp ecember next following (both days inclusive) and shall thee rb ne expire. (3) The Registrar shall ca muas ye to be entered upon the Roll a note of the date of issouoe k to any advocate of a practising certificate. is b of th rt [s. 38] pa . N o d PART VII e PRIVILeres Ev GES, RESTRICTIONS AND OFFENCES s rt gh IN CONNECTION WITH PRACTICE l riAl Qualifications n4ia8 . .–(1) Subject to the provisions of section 3, a person shall for practicing as za advocate an not be qualified to act as an advocate unless- Act No. of T (a) his name is on the Roll; 31 of 19e9n t 7 Sch. m (b) he has in force a practising certificate; and ernv (c) he has a valid business licence, o 5 G and a person who is not so qualified is in this Part referred to 20 2 © as an “unqualified person”. (2) Notwithstanding anything to the contrary contained in this Part, the Chief Justice may, upon payment to the High Court of the prescribed fee, admit to practise as an advocate for the purpose of any one case any of the persons mentioned 145 THE ADVOCATES ACT [CAP. 341 R.E. 2023] in section 16(1) who has come or intends to come to Tanzania for the purpose of appearing in such case. (3) The fee prescribed for the purposes of subsection (2) may relate to the case as a whole or to any day on which such case continues or both. AG. O (4) A person who is admitted to practise as an advocate for n o f the purpose of any one case under the provisions of subsectio io issn (2) shall be deemed to be subject to the provisions of thpise r mAct as if he were an advocate. ut ith o w [s. 39] ted 49. Every advocate who has in force a practriib u Rights of practicing is sing certificate r advocate may practise as an advocate in the High C ooud rt or in any court C.A. subordinate thereto constituted under theduc e Magistrates’ Courts Act No. od 2 of 1962 Act and may perform any of the funprctions which, in England, 4th Sch. may be performed by a membbee rre of the Bar as such or by Cap. 11 solicitor of the Supreme Court yo ma f Judicature as such. k oo [s. 40] b is Unqualified 50.–(1) Unqualified ofp therson shall not act as an advocate, or person not to act t as advocate agent for suitors r opar, as such, issue out any summons or other Act No. process, or codm. Nmo ence, carry on or defend any action, suit or 11 of 2023 s. 6 other proceerve eding in the name of any other person or in his own nasm r ees, in any court of civil or criminal jurisdiction, or act as an t ri ga hdvocate in any cause or matter, civil or criminal. . A( ll2) A person who contravenes the provisions of this section nia nz a commits an offence under this Act and of contempt of the Ta court in which the action, suit, cause, matter or proceeding nt of in relation to which he so acts is brought or taken and may be me rn punished accordingly, and shall be incapable of maintaining veo any action for any costs in respect of anything done by him in 25 G 0 the course of so acting, and on conviction in addition to any ©2 other penalty or forfeiture and any disability to which he may be subject, shall be liable to a fine of not less than five hundred thousand shillings but not exceeding five million shillings. [s. 41] 146 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Penalty for 51. Unqualified person who willfully pretends to be, or takes pretending to be advocate or uses any name, title, addition or description, or uses any Act No. title which corresponds to the title of a legal practitioner in 31 of 1997 Sch. Act No. any Commonwealth Country, implying that he is qualified to . 11 of 2023 s. 7 act as an advocate commits an offence and on conviction shall G OA be liable to a fine of not less than five million shillings but not of n exceeding twenty million shillings or to imprisonment foris sa io term of not less than one year but not exceeding three yeermp ars, or to both. ut o with [s. 42] ute d Penalty for 52.–(1) Unqualified person who, unless he pisrtor ibves that the act unqualified persons was not done for, or in expectation of, any d o rf ee, gain or reward, preparing certain either directly or indirectly, draws or pr ed instruments du ec pares any instrument- Act No. (a) relating to movable or immopvroable property or any legal e 31 of 1997 Sch. proceeding; be r (b) for or in relation to the y m afo rmation of any limited liability company whether opor k ivate or public; (c) for or in relationhis t bo the making of a deed of partnership t or the dissolrtu ot f ion of a partnership, on conviction soh pa all be liable to a fine not exceeding one million shillind.g Ns or twelve months imprisonment, or to both and shall bseer v eincapable of maintaining any action for any costs in resptes cr et of the drawing or preparation of such instrument or anigyhl r matter connected therewith. l ia. A(2) This section shall not extend to- anz (a) a public officer drawing or preparing instruments in Tan f the course of his duty; or nt o e (b) a person employed merely to engross any instrument, ern m application or proceeding. v G o (3) For the purposes of this section and section 53, the 02 5 expression “instrument” does not include- ©2 (a) a will or other testamentary instrument; (b) an agreement under hand only which does not and is Cap. 113 not intended to operate as a deed under the Land Act ; (c) a letter of power of attorney; or 147 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (d) a transfer of stock or shares containing no trust or limitation thereof. [s. 43] Instruments to 53.–(1) A person who draws or prepares any instrument G. be endorsed with A name and address in contravention of section 52 shall endorse or cause to O of of drawer be endorsed thereon his name and address; and any suchio nss person omitting so to do or falsely endorsing or causingm ier to be endorsed any of the said requirements commits an uot p o ffence and on conviction shall be liable to a fine not exc eeithw ding two hundred shillings. ute d (2) It shall not be lawful for any registe rib irsting authority to accept or recognise any instrument unles so r idt purports to bear the name of the person who prepared it d uc eendorsed thereon. d ep ro [s. 44] e r Offences by 54. Where an act is done by a b b aoydy corporate or by any director, bodies corporate officer or servant thereof, oofk s much a nature or in such a manner as to be calculated to im bo ips ly that the body corporate is qualified, or recognised by lawo f th as qualified, to act as an advocate, such t body corporate c poam r mits an offence and on conviction shall be liable to a o d .fi Nne not exceeding five hundred shillings, and, in the casee orvf e an act done by any director, officer or servant of such bo dres ys corporate, he, without prejudice to the liability of the c h riogrtporation, commits an offence and on conviction, shall beA lll. iable to a fine not exceeding five hundred shillings. nia za [s. 45] n Ta Power to et xocflude 55.–(1) The Chief Justice may, by order under his hand, exclude touts fronm precninm e cts of from the precincts of the High Court or any court subordinate er ocvourts thereto any person declared by him to be a tout for such period 25 G as may be specified in such order: ©20 Provided that, such order shall not be made unless the person concerned shall have had opportunity of showing cause against such order. (2) A person in respect of whom any order has been made under subsection (1) shall not, while such order is in force, enter 148 THE ADVOCATES ACT [CAP. 341 R.E. 2023] or remain within the precincts of the High Court or any court subordinate thereto without leave of a judge for special cause. [s. 46] Acting as tout 56. A person who, on behalf of any advocate, or for his own AG. prohibited account, acts as a tout commits an offence and on conviction of O shall be liable to a fine not exceeding one thousand shillingssio n s and to imprisonment for a term not exceeding six monthesr.m i t p tho u [s. 47] i Offence of, and 57. A person who induces or attempts to induce ad nwte y client or penalty for, inducing clients prospective client of any advocate to cease totr ib u s be the client of to abandon their such advocate in order to become the clioe n dir t of the advocate advocates whom such person serves as secretary, d c eclerk or messenger or in any other capacity commits an oroffde unce and on conviction shall be liable to a fine not exce ep ee dr ing one thousand shillings and to imprisonment for a ter b amy not exceeding six months. m ok [s. 48] o s b f th i o PART VIII artREMUo pNERATION OF ADVOCATES d. N Power to make 58.–(1) Foerrv e s purposes of this Part, there shall be a Committee general orders as re to remuneration to be ktsn own as the Remuneration Committee which shall of advocates cons rigs h l t of five advocates elected by the Law Society of whom l tah. i rAee shall form a quorum. anz (2) The Chief Justice or the Remuneration Committee may Tan f make orders prescribing and regulating in such manners as he nt o e or it may think fit for the remuneration of advocates in regard m ern to both contentious and non-contentious business. Gov (3) An order made under the provisions of this section shall 02 5 be submitted to the President for approval together with, in the ©2 case of an order made by the Chief Justice, the observations, if any, of the Remuneration Committee, and in the case of an order made by the Remuneration Committee, the observations, if any, of the Chief Justice. 149 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (4) Any order made and submitted under the provisions of this section shall, if approved, be published in the Gazette and shall come into force on the date of such publication or such later date as may be specified in such order. . [s. 49] AG of O Scales of rates of 59. Any order made under section 58 may, as regards th n iss eio commission and m percentage mode of remuneration, prescribe that it shall be accordinerg to a scale of rates of commission or percentage, varying oour t np ot in different classes of business, or by a gross sum, or th w iby a fixed sum for each document prepared or perused, wituhteo dut regard to length, or in any other mode, or partly in oneis tmr ibode and partly in another, and may regulate the amou onr td of remuneration with reference to all or any of the foulcloe dwing, among others, considerations, that is to say- pro d (a) the position of the partby e e r for whom the advocate is concerned in the busin mayess, that is, whether as vendor or purchaser, lessoro ok o r lessee, mortgagor or mortgagee, charger or char b th gisee, and the like; (b) the place wheofr rt e, and the circumstances in which, the business o prao any part thereof is transacted; (c) the skidl. l N, labour and responsibility involved therein on the prvaese rt of the advocate; (d) tst hr ee number and importance of the documents prepared ighl r or perused, without regard to length. l ia. A [s. 50] n nz a Security for Ta 60. An order made under section 58 may authorise and payment of f remunernatt o ion regulate- and nrmegeulating r (a) the taking by an advocate from his client of security invteerest o for payment of any remuneration, to be ascertained by 5 G 02 taxation or otherwise, which may become due to him ©2 under any such order; and (b) the allowance of interest. [s. 51] 150 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Taxation of bills 61. As long as any order made under section 58 is in of costs operation, the taxation of bills of costs of advocates shall, subject to the subsequent provisions of this Part with respect to agreements as to remuneration, be regulated by . that order. AG O [s. 52] of sio n s Agreements 62.–(1) Whether or not any order is in force under sec i rtmion with respect to e remuneration for 58, an advocate and his client may, either before or aftetr pou or in non contentious the course of the transaction of any non-contentiousith w business business by the advocate, make an agreement in writuitne dg as to the remuneration of the advocate in respect therie ib stor f. (2) The agreement may provide for the orre dmuneration of the advocate by a gross sum, or by commiuscsei don, or percentage, or by salary, or otherwise and it may bpreo d made on the terms that the amount of the remuneratione r e b therein stipulated for shall, or shall not include all or y mana y disbursements made by the advocate in respect of seaoroc kh es, plans, travelling, stamps, fees or other matters. is b th (3) The agreemenrt to fs hall be signed by the person to be bound thereby or his agoe pn at in that behalf. (4) The agrde. e Nment may be sued and recovered on or set aside in the like emrv e s anner and on the like grounds as an agreement not relatst ri eng to the remuneration of an advocate: Pl rrigo hvided that, if on any taxation of costs the agreement is l riae. l Aied on by the advocate and objected to by the client as unfair anz or unreasonable, the taxing officer may inquire into the facts an f T and certify them to the High Court and if on that certificate nt o e it appears just to the High Court that the agreement should m ern be cancelled, or the amount payable thereunder reduced, the ov G High Court may order the agreement to be cancelled, or the 250 amount payable thereunder to be reduced, and may give such ©2 consequential directions as it thinks fit. [s. 53] 151 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Powers to make 63. Whether or not any order is in force under section 58 an agreements as to remuneration advocate may make an agreement in writing with his client as to for contentious his remuneration in respect of any contentious business done business or to be done by him, provided that he shall be remunerated . either by a gross sum or by salary or otherwise. AG [s. 54] of O n ss io Miscellaneous 64.–(1) An agreement made pursuant to section 63 shall- mi r provisions as to e agreements with (a) not affect the amount of, or any rights or remedt ipou es for respect to costs the recovery of, any costs payable by the cwliite h nt to, or of contentious business to the client by, any person other thanu teh de advocate, and that person may, unless he has o ib ist rherwise agreed, require any such costs to be taxed ac d orc ording to the rules for the time being in force for tuhcee d taxation thereof: Provided that, the client shall nrodp t be entitled to recover from any other person under any e be or rder for the payment of any costs to which the agreemenmta yr elates more than the amount payable by him to his adovo k cate in respect thereof under the agreement; and b f th is (b) be deemed art t o exclude any claim by the advocate in respect oof pthe business to which it relates other than- (i) a N ed c. laim for the agreed costs; or (ii) rv s e a claim for such costs as are expressly excepted re ts therefrom. ( gh l2 ri) A provision in such an agreement that the advocate shall Al n iao. t be liable for negligence, or that he shall be relieved from n za any responsibility to which he would otherwise be subject as an T an advocate, shall be void. nt of e (3) An action shall not be brought upon any such agreement, ern m but the High Court, after hearing the Remuneration Committee ov G if it wishes to be heard, may, on the application of a person who 250 is a party to, or the representative of a party to the agreement ©2 or who is alleged to be liable to pay, or who is or claims to be entitled to be paid, the costs due or alleged to be due in respect of the business to which the agreement relates, enforce or set 152 THE ADVOCATES ACT [CAP. 341 R.E. 2023] aside the agreement and determine every question as to the validity or effect thereof. (4) On any such application, the High Court- (a) where it is of opinion that the agreement is in all . respects fair and reasonable, may enforce it; AG O (b) where it is of opinion that the agreement is in any n o f respects unfair or unreasonable, may declare it vo io isisd and may order it to be given up to be cancelled r pe amnd may order the costs covered thereby to be taxoue td as if the agreement had never been made; ith d w (c) in any case, may make such orders as to btuh tee costs of the application as it thinks fit. i dis tr or d [s. 55] e du c Certain 65.–(1) Where the business covere circumstances pdro by any agreement made taxing officer may pursuant to section 63 is businebses r edone or to be done, in any reduce amount action, the amount payable y m aun der the agreement shall not payable under agreement be received by the advoc ooa kte until the agreement has been examined and allowed sb bhi y a taxing officer of the High Court, t and where the taxingo f rt fficer is of the opinion that the agreement is unfair or unre a o apsonable, he may require the opinion of the Remunerationd. NCommittee to be taken thereon and may on receipt of rve sseuch opinion reduce the amount payable thereunder, or ordetsr rt ehe agreement to be cancelled and the costs recovered therl erigb hy to be taxed as if the agreement had not been made. Al ia. (2) When the amount agreed upon under any such n za agreement has been paid by or on behalf of the client or by n f T a any person entitled so to do, the person making the payment nt o e may at any time within twelve months after payment apply ern m to the High Court and the High Court, if it appears to it that ov G the special circumstances of the case require the agreement 02 5 to be re-opened, may, on such terms as may be just, re-open ©2 the agreement and may order the costs covered thereby to be taxed and the whole or any part of the amount received by the advocate to be repaid by him. 153 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (3) Where any such agreement is made by the client as the guardian or committee of, or as a trustee under a deed or will for any person whose property will be chargeable with the whole or any part of the amount payable under the agreement, . the agreement shall, before payment, be laid before the taxing G OA officer of the High Court and that officer shall examine the of n agreement and may disallow any part of it or may require thseiois opinion of the High Court to be taken thereon. ermp (4) Any such client as is mentioned in subsection o(u3 t ) who pays the whole or any part of the amount payable th w ui nder the d agreement without the agreement having bebeun te allowed by the taxing officer or by the High Court, sha i dilsl t rbe liable at any time to account to the person whose prodp oe r rty is charged with the whole or any part of the amount scoedu paid for the sum so charged, and the advocate who acecp reopts the payment may be ordered by the High Court to r ebef ur nd the amount received by him. ay ok m bo [s. 56] thi s Death or 66.–(1) Where, afte rt or f some business has been done under incapacity of advocate an agreement m apao de pursuant to section 63 but before the advocate has wd. h Nolly performed it, the advocate dies or becomes incapable orfv ese acting, then any party to, or the representative of any partst yr e to, the agreement, may apply to the High Court and the Higihl r gh Court shall have the same jurisdiction as to enforcing l tiah. e A agreement so far as it has been performed, or setting it anz aside, as it would have had if the advocate had not died or an f T become incapable of acting: t o en Provided that, the High Court may, notwithstanding that m ern it is of opinion that the agreement is in all respects fair and ov G reasonable, order the amount due in respect of the business 5 02 done thereunder to be ascertained by taxation, and in ©2 that case- (a) the taxing officer, in ascertaining that amount, shall have regard so far as may be to the terms of the agreement; and 154 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (b) payment of the amount found by him to be due may be enforced in the same manner as if the agreement had been completely performed. (2) The provisions of subsection (1) shall apply in the event . of the client changing his advocate before the conclusion of the OAG business to which the agreement relates in the same manner as of n they apply when the advocate dies or is incapacitated: iss io Provided that, if an order is made for the taxation opef r mthe amount due to the advocate in respect of the busineosus t done under the agreement, the High Court shall direct wti thhe taxing d officer to have regard to the circumstances un te buder which the change of advocate has taken place, and the tadxisi tnri g officer, unless he is of opinion that there has been no odr d efault, negligence, improper delay or other conduct on thcedu e part of the advocate affording to the client reasonable ro re pground for changing his advocate, shall not allow to the a bdevocate the full amount of the remuneration agreed to be p maiady to him. ok [s. 57] is bo th Agreement 67. Save as providertd o fi n the foregoing provisions, the costs of excludes taxation an advocate in aon py a case where an agreement has been made shall not be sudb. Nject to taxation or to the subsequent provisions of this Pa rve sret with respect to the signing and delivery of an advocattse r’ es bill. gh l ri [s. 58] Al a. Miscellaneous i za n68. Sections 66, 67, 68, 69 or 70 shall not give validity to- provisions as toa n remuneration T (a) any purchase by an advocate of the interest or any part f for content ton ious of the interest, of his client in any action, suit or other busineses rnm contentious proceeding; veo (b) any agreement by which an advocate retained or G 02 5 employed to prosecute any action, suit or other ©2 contentious proceeding stipulates for payment only in the event of success of that action, suit or proceeding; or 155 THE ADVOCATES ACT [CAP. 341 R.E. 2023] (c) any disposition, contract, settlement, conveyance, delivery, dealing or transfer which is under the law relating to bankruptcy invalid against a trustee or creditor in any bankruptcy or composition. . [s. 59] G f O A o Power of High 69.–(1) The jurisdiction of the High Court to make orders fo io ssr n Court to order advocate to the delivery by an advocate of a bill of costs and for the del i eivrmery deliver his bill up of, or otherwise in relation to, any deeds, docum p uet nts or and to deliver up o deeds papers in his possession, custody or power, is herebyith w declared to extend to cases in which no business has beenut ed done by him in the High Court. tribis (2) In this section and in sections 7r0 d o , 71 and 72, the expression “advocate” includes the exe ed uc utors, administrators, and assignees of the advocate in queprsot dion. e r e b [s. 60] ay Action to recover 70.–(1) Subject to the proovki msions of this Act, an action shall advocates’ costs not be brought to recovise br o any costs due to an advocate until one month after a bil ol f tthhereof has been delivered in accordance t with the requirem r peants of this section: Provided th. aNd to, where there is probable cause for believing that the paerrtvy e chargeable with the costs is about to depart from Tanzansi ar e, sor to become bankrupt, or to compound with his cred riit t gohrs, or to do any other act which would tend to prevent or. A ldl elay the advocate obtaining payment, the High Court ia za nmay, notwithstanding that one month has not expired from an T the delivery of the bill, order that the advocate be at liberty to t o f n commence an action to recover his costs and may order those rnm e costs to be taxed. e ov (2) The following are the requirements referred to in 25 G 0 subsection (1): ©2 (a) the bill shall be signed by the advocate or, if the costs are due to a firm, one partner of that firm, either in his own name or in the name of the firm, or be enclosed 156 THE ADVOCATES ACT [CAP. 341 R.E. 2023] in, or accompanied by a letter which is so signed and refers to the bill; and (b) the bill shall be delivered to the party to be charged therewith, either personally or by being sent to him by . post to, or left for him at his place of business, dwelling G OA house or last known place of abode, and where a bill of n is proved to have been delivered in compliance wiistsh io those requirements, it shall not be necessary i rm pne the first instance for the advocate to prove the conoute t nts of the bill, which shall be presumed until the wcioth ntrary is d shown, to be a bill bona fide complying wutieb th this Act. ri dis t [s. 61] r d o Taxation of bills 71.–(1) On the application, made wi e utchin one month of the on application of party chargeable delivery of an advocate’s bill, of the p d praorty chargeable therewith, or advocate the High Court shall, without ree qr e b uiring any sum to be paid into Court, order that the bilml s yh a all be taxed and that no action shall be commenced there oko n until the taxation is completed. (2) Where no such haisp bplication is made within the period t mentioned in subsertc ot fi on (1), then, on application either of the advocate, or the op pa arty chargeable with the bill, the High Court may, upon sucd.h N terms, if any, as it thinks fit not being terms as to the costser vo e s f the taxation, order- (a) tst hr eat the bill shall be taxed; (lb h ri)g that, until the taxation is completed, an action shall Al a. i not be commenced on the bill, and any action already n za commenced be stayed: Tan Provided that- t o f en (i) where twelve months have expired from the m ern delivery of the bill, or if the bill has been paid, or if v G o a decree, judgment or order has been obtained in 02 5 a suit for the recovery of the costs covered thereby, ©2 no order shall be made on the application of the party chargeable with the bill except in special circumstances and, if an order is made, it may 157 THE ADVOCATES ACT [CAP. 341 R.E. 2023] contain such terms as regards the costs of the taxation as the High Court may think fit; (ii) in no event shall any such order be made after the expiration of twelve months from the payment of . the bill. G OA (3) An order for the taxation of a bill shall require the taxing n o f officer to tax not only the bill but also the costs of the taxatiosniois and to certify what is due to or from the advocate in resppeec rmt of the bill and in respect of the costs of the taxation. ou t (4) Where after due notice of any taxation, eitihth w er party d thereto fails to attend, the taxing officer may pr t bouceeed with the taxation ex parte. i dis tr (5) Unless- or d (a) the order for taxation was maddu cee on the application of the advocate and the party ro re cphargeable does not attend the taxation; or be (b) the order for taxation y m o atherwise provides, the costs of the taxation bsoh okall be paid according to the event of the taxation, that is is thto say, if one-sixth of the amount of the bill is taxed off, the rat od f vocate shall pay the costs, but otherwise the party chargeoa pb ale shall pay the costs: Provided tdh. N e at, the taxing officer may certify any special circumstasnecr ves relating to the bill or the taxation thereof to the e High Chtso rurt, and the High Court may make thereon any such ordlel ri g as it thinks fit respecting the payment of the costs of the tia. x Aation. an nz [s. 62] of Ta Taxatioenn o t n 72.–(1) Where a person other than the person who is the applicmation of theirrdn parties and party chargeable with the bill for purposes of section 71, has obv G eneficiaries paid, or is, or was, liable to pay the bill either to the advocate 25 under trust, etc. 0 or to the party chargeable with the bill, that person or his ©2 administrators, executors or assignees may apply to the High Court for an order for the taxation of the bill as if he were the party chargeable therewith, and the High Court may make 158 THE ADVOCATES ACT [CAP. 341 R.E. 2023] thereon the same order, if any, as it might have made if the application had been made by that party: Provided that, in cases where the High Court has no power to make an order except in special circumstances the . High Court may, in considering whether there are special OAG circumstances sufficient to justify it in making an order, take of n into account circumstances affecting the applicant, but whiicssh io do not affect the party chargeable with the bill. ermp (2) Where a trustee, executor or administrator has t obue come liable to pay the bill of an advocate, the High Courtw mit h ay, upon d the application of any person interested in thbeu teproperty out of which the trustee, executor or administra tri dtisor has paid, or is entitled to pay the bill, and upon such terdm o rs , if any, as it thinks fit, order the bill to be taxed, and mayd o e ucrder such payments, in respect of the amount found due to ro e por from the advocate, or to the executor, administrator or tr buesrtee, as it thinks fit: Provided that, in consid me arying any such application, the High Court shall have regaorkbo d to- (a) the provisions oisf th section 71 as to applications by the party chargret oa fble with the taxation of an advocate’s bill so faor p aas they are capable of being applied to an applicead .t Nion made under this subsection; (b) these er vxtent and nature of the interest of the applicant. e (3) htWs r here an applicant under subsection (2) pays any molnl rei gy to the advocate, he shall have the same right to be pa. Aia id that money by the trustee, executor or administrator za n n chargeable with the bill as the advocate had. Ta of (4) The following provisions shall apply to applications nt e made under this section- rnme (a) except in special circumstances an order shall not be ov G made for the taxation of a bill which has already been 5 20 2 taxed; © (b) the High Court may, if it orders taxation of a bill, order the advocate to deliver to the applicant a copy of the bill upon payment of the costs of that copy. [s. 63] 159 THE ADVOCATES ACT [CAP. 341 R.E. 2023] General 73.–(1) An application for an order for the taxation of an provisions as to taxation advocate’s bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by an advocate shall be made in the matter of that advocate. . (2) The certificate of the taxing officer by whom any bill has G OA been taxed shall, unless it is set aside or altered by the High of n Court, be final as to the amount of the costs covered thereb i isys, o and the High Court may make such order in relation thpee rmeto as it thinks fit, including, in a case where the retaineour t is not disputed, an order that judgment be entered fori th w the sum d certified to be due with costs. uteib dis tr [s. 64] or Charging orders 74. Any court in which an advocate d ucheas been employed to prosecute or defend any suit, matterr odp r proceeding may at any time declare the advocate entitleed r e b to a charge on the property recovered or preserved thromuayg h his instrumentality for his taxed costs in reference too t kh o at suit, matter or proceeding, and may make such orders hfios rb the taxation of the said costs and for t raising money to pa rty o o f r for paying the said costs out of the said property as it thoi np aks fit, and all conveyances and acts done to defeat, or opedr. a Nting to defeat, that charge shall, except in the case of a csoenr vveeyance to a bona fide purchaser for value without notice, b reets void as against the advocate: P h l rrigovided that, an order shall not be made if the right to l rae. A i cover the costs is barred by limitation. n za [s. 65] an of T t en PART IX ern m v MISCELLANEOUS PROVISIONS o 5 G2 20 Advocates to be 75. A person duly admitted as an advocate shall be an officer © officers of High Court of the High Court and be subject to the jurisdiction thereof. [s. 66] 160 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Payment of 76.–(1) Any expenses certified to have been incurred by the expenses of Committee Committee in carrying out any of the provisions of this Act or in supporting any report before the High Court shall, subject to the provisions of subsection (2), be paid out of the general . revenue of the United Republic. AG (2) The High Court may, on the application of the of O n Committee, order that any such expenses shall be paid istso io the Permanent Secretary to the Treasury by the advoercmp ate concerned or by any party on whose application such eoxup t enses had been incurred. ith d w (3) Where any such expenses have been paidb ui tne accordance with an order made under subsection (1), sudcish tri payments shall form part of the general revenue of the Udn oirted Republic. e uc [s. 67] pro d Authentication of 77. Regulations, orders, certbifi ree cates, notices and other regulations and other documents documents made or issueday m by the Committee or the Remuneration Committee fko oo r any purpose whatsoever may be signed on behalf of the hCso bi mmittee concerned by the Chairman t or such member or oof rt ther person as the Committee may for that purpose app opao int. . Nd [s. 68] rve 78.–(1) Thres e Fees for s e Registrar shall retain in a separate account all fees admission and practicing paid r igu hnt der the provisions of sections 16(2), 44(1) and 48(2) l certificates to an l . Ad shall pay the balance standing to the credit of that account be paid to Law nia Society za on the first day of January, the first day of April, the first day Ord. No. n Ta of July and the first day of October in each year to the Law 36 of 1961t os.f 2 n Society, and the Law Society may apply the same for any of the rnm e purposes for which the funds of the Society may be applied. ov e (2) The receipt of the Secretary of the Law Society, or of 25 G 0 any other officer of the Law Society authorised by the Council ©2 thereof in that behalf, shall be a sufficient discharge to the Registrar for any payment made by him under this section. [s. 68A] 161 THE ADVOCATES ACT [CAP. 341 R.E. 2023] Regulations 79. The Committee may, with the approval of the Chief Justice, make regulations for the better carrying out of the provisions and purposes of this Act and, in particular but without prejudice to the generality of the foregoing, make regulations . with respect to the following matters: AG O (a) the keeping of accounts by advocates; f n o (b) the acts or omissions which shall constitute miscondu io iscst on the part of an advocate; ermp (c) practice and etiquette of advocates; ut o (d) prescribing anything which under this A c t wti his to be d prescribed. te trib u dis [s. 69] or Saving of other 80. This Act shall not prejudice or affecucte- d laws (a) the provisions of any other lapwro dempowering any person, not being an advocate tob ce orenduct, defend or otherwise act in relation to any y mparoceedings; (b) the provisions of anoyk o other law prohibiting any person or class of perhs b iso ns from conducting, defending or t otherwise act rt oi fng in relation to any proceedings; or (c) any existin a o pg rules touching the remuneration of advocates, except N d .o nly so far as they conflict or are inconsistent witsher veany of the provisions of this Act or orders made e tsh rereunder, and such existing rules shall, except only as gh l ri aforesaid, be deemed to be an order made pursuant to l a. A i the provisions of section 58 until amended, revoked or n za repealed by orders made under the said section. n of Ta [s. 70] nt e Omrinttmed 81. [Omitted.] veo [s. 71] 25 G ©20 Repeal 82. [Repeals F.R.L. Cap. 10 and F.R.L. Cap. 11.] [s. 72] 162