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The Tanganyika Law Society

THE ANNUAL REPORT OF THE GOVERNING COUNCIL OF

THE TANGANYIKA LAW SOCIETY TO THE 2014 ANNUAL GENERAL MEETING

February 2013 - February 2014

THE TANGANYIKA LAW SOCIETY

ANNUAL REPORT

OF THE GOVERNING COUNCIL OF

THE TANGANYIKA LAW SOCIETY

TO THE 2014 ANNUAL GENERAL MEETING

February 2013 - February 2014

The Tanganyika Law Society Governing Council ii

NOTICE IS HEREBY GIVEN THAT the 2014 Annual Conference and General Meeting (AGM) of the

Tanganyika Law Society shall be held at the Simba Hall of the Arusha International Conference Centre

(AICC), in Arusha on Friday, 21st February, 2014 and Saturday, 22nd February, 2014 respectively.

The Annual General Meeting will be preceded by the Annual Conference on Friday 21st February 2014

starting from 8.30 am to 4.00 pm. The theme for the Conference will be “The Constitutional Review

Process in Tanzania: Reflections on the Constituent Assembly, Referendum Monitoring and Experience

from neighboring Countries”.

The Conference will attract four (4) Continuing Legal Education (CLE) credit points at a fee of TZS

50,000/- per Member. Payments must be made in advance of the Conference by direct bank deposit or via

M-PESA.

The General Meeting will be held on Saturday, 22nd February 2014. The meeting agenda is as follows: -

1. Adoption of the Agenda.

2. TLS General Elections:

i. The President.

ii. The Vice President.

iii. The Honorary Treasurer.

iv. Six/Seven Members of the Council.

v. Five Members of the Remunerations Committee.

vi. National Chairperson of the Ethics Committee.

vii. One Representative to the Advocates’ Committee, and

viii. Confirmation of Chapter Conveners.

3. Confirmation of Minutes of the Half Annual General Meeting held in Dodoma on Saturday, 28th

September, 2013;

4. Matters arising from the Confirmed Minutes;

5. To receive and consider for adoption: -

(i) The Annual Report of the Council of the Tanganyika Law Society.

(ii) The Audit Report for the Financial Year 2013.

6. To receive for noting:

(i) A report from the TLS Representatives to the Council for Legal Education;

(ii) A report from the TLS Representative to the Advocates Committee.

NOTICE OF THE 2014 ANNUAL GENERAL MEETING

Annual Report iii

7. Appointment of the Auditor for Financial Year 2014.

8. Any other business, with leave of the Chair.

9. To consider resolutions of which the Council has one week’s notice prior to the meeting.

N.B: Each member shall bear his/her own costs for accommodation and transport. Members who will not

be able to attend are required to appoint Proxies. All proxy forms shall be duly signed and affixed with

Revenue Stamps of TZS 500, and must reach the TLS Secretariat three days before the date of the Meeting

- forms received on or after the 19th of February, 2014 will not be accepted.

Issued at Dar es Salaam, Tanzania, on 28th November 2013; By Order of the Governing Council of

the Tanganyika Law Society.

Mr. Alphonce Gura

Ag. Secretary/Chief Executive Officer

The Tanganyika Law Society Governing Council iv

Table of Contents

1.0. INTRODUCTION ............................................................................................................... 1

1.1 Staffing...................................................................................................................12.0. MEMBERSHIP ISSUES ................................................................................................... 2

2.1. Departed Colleagues .................................................................................................... 2

2.2. Suspension of Practicing Certificate ........................................................................... 2

2.3 Admission of New Advocates..................................................................................33.0. PROFESSIONAL DEVELOPMENT ............................................................................... 3

3.1. Continuing Legal Education Program ........................................................................ 3

3.2. Continuing Legal Education Seminars ....................................................................... 3

3.3. CLE Points ...................................................................................................................... 5

3.4. CLE Income and Expenditure ...................................................................................... 5

3.5. International Lawyers for Africa Program (ILFA) ...................................................... 6

4.O LEGAL AID AND PRO-BONO SERVICES ................................................................74.1. Status of Legal Aid Provision ....................................................................................... 7

4.2. Legal Aid Policy and Procedures ................................................................................ 8

4.3. The Law School Legal Aid Partnership Initiative ...................................................... 8

5.0. POLICY RESEARCH AND PUBLICATIONS................................................................ 9

5.1. The Tanzania Lawyer Journal ..................................................................................... 9

5.2. TLS Visibility ................................................................................................................... 9

5.3. TLS Resource Centre ................................................................................................... 9

6.0. COMMITTEES MEETINGS, REPORTS AND UNDERTAKINGS ............................. 9

6.1. The Policy, Research and Publication Committee ................................................... 9

6.2. The Standing Law Committee ..................................................................................... 9

6.3. The East Africa Community Committee ................................................................... 10

6.4. The Ethics Committee................................................................................................. 10

6.5. The Continuing Legal Education (CLE) Committee ............................................... 10

6.6. The Constitution Committee ...................................................................................... 10

6.7. The Human Rights Committee ...................................................................................11

6.8. The HIV/AIDS Committee ...........................................................................................11

6.9. The Legal Assistance Committee ..............................................................................11

6.10. Gender Committee ...................................................................................................11

6.11. The Remuneration Committee ................................................................................11

7.0. INTERNATIONAL ENGAGEMENTS AND NETWORKING ......................................11

7.1. Participation in the International Fora .......................................................................11

Annual Report v

7.2. Field Attachment at the Law Society of South Africa (LSSA) and the Law Society of the Northern Province (LSNP) ............................................................................................... .....127.3. Pan African Lawyers Union Training on Advocacy ..........................................................127.4. Training on Fund Raising and Donor Management .........................................................127.5. Training on Human Rights ...............................................................................................12

8.0. PROJECTS AND PROGRAMS .................................................................................................12

8.1. Upgrading Paralegal Training Manual and Monitoring of Paralegal trainings Project ....................128.2. Access to Justice for Persons with Disabilities Project ....................................................138.3. Probono Advocates Project .............................................................................................138.4. Supporting Access to Justice for Children and Youth in East Africa (SAJCEA) ..............138.5. Business Environment Strengthening of Tanzania Program (BEST) ..............................14

9.0. STRATEGIC LITIGATION ..........................................................................................................14

9.1. Challenging the Violation of the Right to Participate in Public Affairs (the Right to Independent Candidate) ...........................................................................................................14

9.2. Challenging the Constitutionality of Section 8 of the Advocates Act, (Cap. 341 R.E. 2002) ...................159.3. Challenging the Constitutionality of the Election of Uncontested Candidates ....................15

9.4. Challenging the Laws Revision Act ...........................................................................................15

10.0 APPOINTMENT AND PRESENTATION ......................................................................1510.1 Appointments .............................................................................................................1510.2. Representation of TLS in other Bodies ........................................................................16

11.0. FINANCE AND ADMINISTRATION ................................................................................1711.1. Introduction...................................................................................................................1711.2. Year 2013 Budget ........................................................................................................1711.3. Proposed Budget for the Year 2014 .............................................................................2011.4. Legal Aid and Advocacy Centre (LAAC) Project ..........................................................2211.5. TLS House at Chato Street ..........................................................................................2311.6. Legal Aid and Advocacy Centre (LAAC) Project Fund .................................................2311.7. Fixed Deposit Account .................................................................................................2411.8. TLS Website (www.tls.or.tz) .........................................................................................24

12.0. CHALLENGES, SUCCESS AND RECOMMENDATIONS ..............................................2412.1. Challenges ................................................................................................................................ 2412.2. Success ..................................................................................................................................... 2412.3. Recommendations................................................................................................................... 25

13.0. YEAR 2013 AUDIT REPORT ..........................................................................................26 APPENDIX: 1 ..................................................................................................................41

The Tanganyika Law Society Governing Council vi

LIST OF ABBREVIATIONS

AGM Annual General Meeting

AICC Arusha International Conference Centre

BEST Business Environment Strengthening of Tanzania Program

CLE Continuing Legal Education

EALS East Africa Law Society

HAGM Half Annual General Meeting

IBA International Bar Association

ILFA International Lawyers for Africa Program

LAAC Legal Aid and Advocacy Centre

LAS Legal Aid Secretariat

LST Law School of Tanzania

TACAIDS Tanzania Commission for AIDS

TACOPHA Tanzania Community of People living with HIV and AIDS

TLS Tanganyika Law Society

Annual Report vii

THE HONOURABLE GOVERNING COUNCIL MEMBERS

Mr. Francis K. Stolla President

Mr. Peter KibatalaVice-President

Mr. Edson J. MkisiHonorary Treasurer

Mr. Zephrine Galeba Council Member

Mr. Addo Mwasongwe Council Member

Dr. Natujwa Mvungi Council Member

Mr. Godwin Musa Council Member

Mr. Anthony Mavunde Council Member

Mr. Peter Hellar Council Member

Mr. Erasto Lugenge Council Member

The Tanganyika Law Society Governing Council viii

Dear Learned Colleagues,

Allow me to begin my foreword by paying tribute to the departed members. On behalf of the Governing Council, I feel privileged and greatly honoured to present the Annual Report of the Tanganyika Law Society (TLS) covering a period between February 2013 and February 2014. The Annual Report is a narrative account of the status and the progress made in activities’ implementation at the Secretariat and presents a true and fair view of the state of financial affairs for the Financial Year that ended on 31st December 2013.

Learned colleagues, it is with great pleasure and humility that I convey my sincere gratitude to all TLS Members for their trust and profound clemency to vote me, again, into the Office of the President in February 2013. This gave me a liberty and a golden opportunity to lead our noble Society for the three consecutive terms. I admit that it was a long journey we travelled together, but full of challenges. During this reporting period, the TLS Governing Council has managed to register a number of successes that will be shared with you in this report.

That said, I extend my sincere and heartfelt gratitude to the outgoing Council Members of the 2013 TLS Governing Council and of the previous years of my Presidency for their commitment, stewardship and leadership role. They employed their invaluable skills, knowledge and experience to ensure that the TLS leadership adhered to sound principles of good governance, respect for human rights and rule of law throughout the tenure.

Learned colleagues, after developing a business plan and obtaining empirical data on the Legal Aid and Advocacy Centre (LAAC), the TLS Governing Council in 2013, took an unprecedented step to renovate the unoccupied buildings located at Chato Street – Regent Estate, which are owned by TLS, to house the Secretariat. The Governing Council took this initiative in order to relieve the Society from paying annual rent and after empirical data proved that the LAAC project will not took off in a near future.

Mr. Francis K. Stolla

Annual Report ix

learned colleagues, it is worth to note that tls is growing rapidly in terms of membership. in 2013 alone, we admitted a total of 669 new advocates. This was successful accomplished through collaborative efforts from the Council of Legal Education, Judiciary, the law school of tanzania and the Tanganyika Law Society. It goes without saying that the growing membership comes with a price tag in terms of regulation, ethics and law compliance. we have witnessed an increasing rate of breach of the ethics code and increasing number of members who are practising without having practice certificates. the latter was addressed in collaboration with the Judiciary and the governing council is devising measures to cure this vice.

Learned colleagues, I take liberty to pray to all TLS Members that we should not forget the norms and “calling” of our profession, despite the fact that every member may have individual goals and ambitions, let us all remember our noble calling and the duty entrusted on us. Let us save our people diligently and with trust. Let us be the profession worth called noble. Let the indigent find refuge in our services. Let us acquire wealth by complying with rules, principles and laws of the land.

During this reporting period, the Governing Council maintained and strengthened a working relationship between the Bench and the Bar. This has proved a success by helping to reduce a backlog of past cases which were pending before the Courts. In line with this, “Access to Justice to all”, has registered a success through continued commitment and participation by some of TLS members in offering legal aid to the indigent. TLS is a member of the National Steering Committee of Legal Aid Providers in Tanzania.

learned colleagues, i wish to emphasize that we should not forget that we are the witnesses and advocates of human rights to which this Nation has always been committed to protect, and to which we ourselves have chosen to partake in this profession. Through TLS, it is important that we discharge our obligation to advice the government in matters pertaining to legislation, rule of law and administration of justice.

without further ado, i once again express my sincere thanks to all members for their trust in me, and on behalf of members of the outgoing governing council, i wish all the best to the newly elected members of the governing council for the period they will serve in the office.

with gratitude and humility.

Francis K. Stolla.

February, 2014

FOREWORD FROM THE PRESIDENT

The Tanganyika Law Society Governing Council x

Dear TLS Members, Partners and Stakeholders,

It has been less than a month since I took over as the Acting Chief Executive Officer (CEO) of the TLS Secretariat. That being the case, I can only witness what the outgoing CEO, Mr Emmanuel Massawe, wished to convey.

“…I have noted that serving TLS Members posses many challenges day-by-day. Permit me to convey my heartfelt gratitude to the Members of the Governing Council for collaboration, insightful advice, and trust in me and professional guidance in the past one year. I feel indebted if I will not extend my sincere thanks to the Members of Staff of the TLS Secretariat for their tireless efforts to accomplish fatiguing tasks I assign to them; their workmanship cooperation and team work spirit in implementing TLS activities to realize its mission and vision.

Our journey was travelled on a road which is smooth, bumpy and with pot holes. A number of challenges have been encountered, successes attained, and lessons learnt. We learnt that, at TLS Secretariat time flies fast. There are lots of policy engagements, interventions on legal discourse, professional development initiatives, governance endeavours, regional and international networking, rule of law and access to justice undertakings. If one wants exposure and professional development at TLS, the sky is the limit.

It is worth to note that TLS membership is still growing fast. TLS as an organization is growing big. We need to think Big, be visionary and transform the Secretariat to accommodate the increasing needs and challenges brought up by the growing membership base. Today, TLS has a total of 4,100 Advocates. The increase of the number of Advocates necessitates starting thinking on how to accommodate members in the venues available in Tanzania during the Annual and Half Annual General meetings.

Mr. Alphonce Gura

Annual Report xi

In 2013, we have witnessed the relocation of the TLS Secretariat from the Ruhinde Street in Ada Estate to Chato Street in Regent Estate. This will relieve the Secretariat from paying rent of whopping TZS 62,400,000/- per year. We will spend some years without paying rent until the Legal Aid and Advocacy Centre (LAAC) project takes off. The amount which we have been paying rent at Ada Estate will be treated as “a saving” because the Secretariat is housed in a place where the LAAC buildings are supposed to be built. As we are still working on the Legal Aid and Advocacy Centre building, we have planned, with the help and guidance of the Governing Council, to take the initiative at a higher level in 2014 and 2015.

We have maintained a good working relationship between the Government, various institutions and organizations with TLS. We will uphold and improve the working relationship and collaboration between the Government, the Bench, Development Partners and TLS.

TLS is mainly run through membership contributions. However, the total amount of fees collected from the membership is not enough to discharge all TLS obligations and responsibilities. There are a good number of Advocates who are not paying their annual subscription fees. The Secretariat is determined to work with the Governing Council to develop measures to recover subscription fees especially to those Advocates who are practicing without renewing their Practice Certificates.

The Members of Staff at the TLS Secretariat are requesting support from the Members of the Governing Council and from TLS Members in the course of implementing activities at the Secretariat. Tanganyika Law Society is a members’ organization. Members should feel honoured and be proud of TLS because they own it. They should identify themselves with the Tanganyika Law Society in the public, both nationally and internationally.

With honour, I thank Members of the Governing Council for giving the Secretariat enough support in discharging its duties and I also wish to thank all the Staff of the TLS Secretariat who have worked and continue to work tirelessly to bring its services closer to the Members and the citizens”.

That being observed, I look at 2014 as a year with exciting opportunities to forge our way forward as a reputable Law Society.

Alphonce GuraAg. Chief Executive Officer

February, 2014

FROM THE DESK OF THE CHIEF EXECUTIVE OFFICER

The Tanganyika Law Society Governing Council 1

1.0. INTRODUCTION

This report is presented to you pursuant to the provisions of section 30 of the Tanganyika Law Society Act, Cap 307, Revised Edition (R.E.) of 2002 of the Laws of Tanzania. The Report covers key activities undertaken by the Governing Council through the Secretariat of the Tanganyika Law Society. The Secretariat implemented the reported activities under the supervision and guidance of the Governing Council since the last Annual General Meeting that was held in Dodoma in February 2013. Between February 2013 and February 2014, the Council met eight times, in Ordinary and Extra-ordinary Meetings. Regularity of attendance of Council Members in the said meetings is reflected in the table below.

DateYear2014

F. Stolla P. Kibatala E. Mkisi

A. Mwasongwe G. Mussa N. Mvungi A.Mavunde

P. Hellar

Z. Galeba E. Lugenge

06.4.13 P P P P P P P P P P

01.6.13 P AP AP P AP P P P P AP

06.7.13 P P P P P P P P P P

27.7.13 P P AP P P P P P AP AP

13.11.13 P P P P P AP AP P P P

15.01.14 P P P P P P P P AP P

21.01.14 P P P P P P P P P P

24.01.14 P P P P P P P P AP P

TOTAL 100% 88% 75% 100% 88% 88% 88% 100% 63% 75%

P = Present AP = ApologyStaffing:

The TLS Secretariat consists of the following ten full-time staff:

1. Mr. Alphonce Gura – Ag. Chief Executive Officer2. Mr. John Mwang’ombola – Finance and Administration Manager3. Ms. Maraim Othman – Programme Officer, Member Services4. Mr. Stephen Msechu – Programme Officer, Policy Research and Publication5. Mr. Benedict Bagiliye – Programme Coordinator, Strengthening of Access to Justice for Children in Eastern Africa6. Mr. Selemani Pingoni – Monitoring and Evaluation Officer7. Ms. Rehema Bigge –Administrator8. Ms. Sylvia Lubuva – Administration Assistant/ Receptionist9. Mr. Eliyuko Jonathan – Messenger10. Ms. Sophia Omari – Office Assistant

In the period under review, five interns worked at the TLS Secretariat, Ms Mercy Kessy, Mr. Josephat Hansipo Ms Judith Kapinga Ms Celina Kibasa.

In the period under review Mr. Emmanuel Massawe, the Chief Executive Officer, resigned from the post on 7th February 2014, having served the Society for one year. Ms Maria Matui, Programme Officer, Legal Aid left the Secretariat in January 2014 having served the TLS for eight years.

In the period under review, vacancies remained for the following positions:i. Chief Executive Officerii. Programme Officer – Legal Aidiii. Internal Auditor

Plans to finalize the recruitment of the Chief Executive Officer position are underway. Posts for the Programme Officer Legal Aid and Internal Auditor have been advertised already. All posts will be filled within the first fiscal quarter of the TLS Calendar in 2014.

Annual Report 2

2.0. MEMBERSHIP ISSUES

Tanganyika Law Society is a membership association. It has members who have been categorized into practising members, non-practising members and honorary members. The total number of Advocates in the Roll of Advocates including deceased and alive up to December, 2013 is 4,171.

2.1. Departed ColleaguesThe following Advocates passed away between February 2013 and February 2014:-1. Claude A. K. Mlambo, Roll no. 845; Died on 10th March, 20132. Nyaga Paul Mawalla, Roll no. 862; Died on 22nd March, 20133. Mtotela Matumula, Roll no. 761; Died on 02nd April, 20134. Ernest Mwaipopo, Roll no. 1624; Died on 03rd April, 20135. Michael Wambali, Roll no. 440; Died on 04th April, 20136. Augustino Naali, Roll no. 675; Died on 20th April, 20137. Elias Kitwala, Roll no. 893 Died on 26th April, 20138. Samuel O. Komba, Roll no. 609; Died on 27th April, 20139. Damian Senyoni, Roll no. 2904; Died on 20th June, 201310. Buxton D. Chipeta, Roll no.900; Died on 16th July, 201311. Felician B. Mahatane, Roll no. 337; Died on 27th July, 201312. Nasir H. Rattansi, Roll no. 895; Died on 20th August, 201313. Israel Hitler Mulaga Magessa, Roll no. 519; Died on 04th September, 201314. Hilary J. Mkatte, Roll no. 433; Died on 30th October, 201315. Sengondo Edmund Adrian Mvungi, Roll no. 469; Died on 12th November, 201316. PriyaVadan Madhavji Majitha, Roll no.207 ; Died in November, 201317. George Bakari Liundi, Roll no. 388; Died on 13th January, 201418. Modest Rukyoba Mwesiga Roll no. 2787; Died on 7th February, 2014

May the souls of our beloved colleagues rest in Eternal Peace, Amen.2.2. Suspension of Practicing Certificate

Between February 2013 and February 2014, the following members successfully applied to the Chief Justice to suspend their practicing certificates:-1. Julius B. Mallaba, Roll no. 26332. Daniel J. Mono, Roll no. 7443. Gloria G. Rwakubarila, Roll no. 28234. Monica A. Hokororo, Roll no.25525. Rehema Msekwa, Roll no. 26496. Alicia John, Roll no. 21587. Magdalena Sylister, Roll no. 16158. Emmanuel Kawishe, Roll no. 23639. Hollo S. Kazi, Roll no. 219210. Elizabeth Mkunde, Roll no. 255411. Rajab J. Mdee, Roll no. 189812. Geofrey Mlagala, Roll no. 281313. Moyo Violet Ndonde, Roll no. 79814. Brenda N. Massawe, Roll no. 193915. Elisante G. Masaki, Roll no. 280916. Grace Y. Muwanga, Roll no. 284817. Hanifa Massawe, Roll no. 163718. Juma Abubakari, Roll no. 150519. Apollo E. Laizer, Roll no. 151320. Bryson Simon Paul, Roll no. 319421. Fortunatus Muhalila, Roll no. 281422. Selina Kapange, Roll no. 247623. Donald L. Chidowu, Roll no. 292624. Felister Mosha, Roll no. 254525. Esther Martin, Roll no. 285226. Janeth Magoho, Roll no. 2802


27. Crispin T. Meela, Roll no. 146528. Fatima E. Idrissu, Roll no. 755

2.3. Admission of New AdvocatesBetween February 2013 and February 2014, the Chief Justice, Honourable Othman Chande, admitted 670 new Advocates. A total of 126 new Advocates were admitted into the Bar in June 2013 and 544 new Advocates in December, 2013. The two admission ceremonies were conducted on 21 June 2013 and 6 December 2013 at the Karimjee grounds. The admission ceremonies were successful through the collaboration between the Tanganyika Law Society (TLS), the Judiciary and the Law School of Tanzania (LST). This makes the Roll of Advocates to have a total number of 4,171. However, up to December 2013, there was a total of 188 deceased Advocates.

3.0. PROFESSIONAL DEVELOPMENT

3.1. Continuing Legal Education ProgramTanganyika Law Society conducts Continuing Legal Education (CLE) seminars to its members regularly. The CLE seminars are being conducted according to the Advocates (Continuing Legal Education) Regulations of 2012. According to these Regulations, it is mandatory for all practicing members, regardless of their seniority status, to undertake the CLE seminars and accumulate a minimum of required ten points annually. CLE regulations provide for sanctions for members who do not attain the required ten CLE points.

The 2013 CLE Committee is composed of five members. These are: Dr. Frederick Ringo who is the Chairperson, Ms. Asina Omari, Mr. Joseph Mpuya, Mr. Lugano Mwandambo and Ms. Amalia Lui. These committee members are responsible for advising the Council on any matters relating the CLE seminars including preparing annual CLE Calendar, determining CLE points for members for any training/seminar done by members for the year 2013, and accreditation of other seminars on legal issues organized outside of the Tanganyika Law Society calendar. Between February 2013 and February 2014, the CLE committee held four meetings. For urgent matters concerning continuing legal education, committee members discussed and resolved the matters via email.

3.2. Continuing Legal Education SeminarsBetween February 2013 and February 2014, TLS conducted a good number of Continuing Legal Education seminars. There were no any CLE Seminars cancelled during the period under review. The seminars conducted, presenters and the regions where CLEs were conducted are provided below.

S/N DATE AND MONTH TOPIC CHAPTER ATTENDANTS PRESENTERS

1.22nd and 23rd

February 2013 (AGM)

Cross Border Legal Practice: Prospects and Challenges. Dodoma 1123

Dr. Kennedy Gastorn

Mr. Vincent O. Oluoch

Prof. Bernard Twinomugisha

2. 01st March 2013Litigation: How to Prepare the Memorandum of Appeal before

the Court of Appeal. Dar es Salaam 111 Dr. Angelo

Mapunda

3. 15th March 2013 Mortgage Financing. Moshi 64 Dr. Hawa Sinare

4. 22nd March 2013Enforcing Foreign Judgments and Arbitral Awards before the

Tanzania High Court. Tanga 35 Dr. Frederick

Ringo

5. 12th April 2013Drafting Commercial

Agreements. Mwanza 66 Mr. Charles Rwechungura

Annual Report 4

6 19th April 2013

Labour Law: Preparing Labour Contracts in line with Labour

Laws of Tanzania and providing clients with Labour Advice.

Mbeya 58 Mr. Alex Mgongolwa

7. 10th May 2013 Managing Oil and Gas Contracts. Arusha 86 Dr. Frederick Ringo

8. 24th May 2013 Public Private Partnership: The Legal Regime in Tanzania. Moshi 67 Mr. Erick Frank

Ringo

9. 14th June 2013Intellectual Property Rights in

Tanzania: Anatomy of the Legal and Institutional Framework.

Dar es Salaam 110 Dr. Eliamani Laltaika

10. 28th June 2013Salient Features of Public

Procurement Act, 2011 and the Way Forward.

Tabora 16 Mr. Erick Frank Ringo

11. 10th July 2013*

Nuts and Bolts of Starting Legal Practice, Managing of Client’s

Account and Professional Ethics for Advocates.

Dar es Salaam 61 Dr. Kibuta Ong’wamuhana.

12. 12th July 2013Competition in

Telecommunication: Consumer issues.

Arusha 83 Ms. Fortunata B.K. Mdachi

13. 02nd August 2013 Handling a Criminal Matter for Non-Criminal Practitioners. Tanga 26 Mr. Alex

Mgongolwa

14. 16th August 2013 Tax Litigation Law and Procedure in Tanzania Mwanza 76 Prof. Florens

Luoga

15. 20th August 2013 Discussion on Draft constitution Dar es Salaam 528Constitution Committee members

16. 18th October 2013 Commercial Court Rules Arusha 91Hon. Robert Makaramba

17.01st November

2013

Litigation Procedures before the Public Procurement Regulatory

AuthorityMwanza 76 Mr. Hamis Tikka

18. 06th – 08th

November 2013Practical Advocacy skills for

lawyersDar es Salaam 100

SAHCA trainers

Mr. Goodluck Chuwa

Mr. Beatus Malima

19.22nd November

2013Project Financing Moshi 74

Mr. Charles Rwechungura

20.29th November

2013Intellectual Property: Dispute

settlement in trademark practiceMbeya 29

Dr. Saudin Mwakaje

21. 06th December 2013Competition: Handling Client in

Competition mattersDar es Salaam 92 Dr. Deo Nangela


22.10th December

2013*

Nuts and Bolts of Staring Legal Practice, Managing of Clients’ account and professional Ethics

for Advocates

Dar es Salaam 308


Mr. Jotham Lukwaro

23. 17th January, 2014Enforcement of Foreign Arbitral

AwardsTanga 221

Dr. Alex Nguluma

*- CLEs organized for new admitted Advocates.

3.3. CLE AccreditationDuring the period under review, fifteen (15) CLE seminars which were organized by ELEM were accredited. These ELEM Seminars attracted total number of 1,018 members who participated in the seminars. From these CLE Seminars TLS raised TZS. 3,408,000/- which was an Accreditation fees for CLE seminars conducted.

Moreover, TAWLA organized two (2) trainings which were accredited by TLS. These trainings were conducted free of charge and a total of 194 members’ participated. In line with this, the Legal Aid Secretariat (LAS) organized Legal Aid Day which was accredited by TLS. During the Legal Aid Day 256 Members’ participated.

Members who attended Regional and International Bar Meetings such as East Africa Law Society (EALS) AGM, Southern Africa Development Cooperation Law Association (SADCLA) AGM and International Bar Association (IBA) AGM as well as other law trainings organized by other institutions outside the TLS calendar were also accredited with CLE Points upon submission of proof of attendance. CLE points were also awarded to members of various committees of the TLS and members who prepared and publish articles during the period under review.

3.4. CLE PointsEach member accumulates CLE points when he/she attends CLE seminar. The points are properly documented in the data-sheet to be used to assess members’ compliance with the Advocates (Continuing Legal Education) Regulations. The CLE points for the period between February 2013 and February 2014, were documented and have been regularly updated in the CLE data-sheet.

Members’ compliance with the CLE Regulations during the period under review is minimal. A good number of members did not attain the required minimum of 10 points. However, there are members who exceed the minimum CLE points required. Out of 3,018 practicing Advocates up to June, 2013 admission, 15% were able to attain a minimum of 10 CLE points, 6% exceed the minimum points required, 15% attained 8 to 9 points, 12% attained 6 to 7 points, 19% attained 5 points and below and 33% had zero (0) CLE points.

Table 1: CLE Compliance in percentage in the period under review

Since most of members were not able to attain required CLE points as per CLE Regulations, the governing Council organized four remedial CLE Seminars in Dodoma, Mwanza, Arusha and Dar es Salaam so that members could attend and earn 10 points as one of the condition for renewal of their practicing certificate.

Annual Report 6

3.5. CLE Income and ExpenditureIn conducting CLE seminars, the costs are covered by TLS Secretariat and members. Members’ fees paid for CLE contributes to the running and operational costs for conducting CLE’s. In some instances, the CLE expenditure is more than what is contributed by members to defray the costs of conducting a particular seminar. This attracts deficit in the overall budget. The following chart shows the income and expenditure for CLE seminars conducted during the period under review with exclusion of the CLE seminars conducted during the annual general meeting in February, 2013.

The Income and Expenditure for CLE Seminars conducted in 2013, with exclusion of the AGM and HAGM CLE’s

DATE REGION PAX INCOME EXPENDITUREEXCESS INCOME/

DEFICIT

01.03.2013 DAR ES SALAAM 110 5,500,000 4795000 705,000

15.03.2013 MOSHI 64 3200000 2585000 615,000

22.03.2013 TANGA 35 1770000 2000073 -230,073

12.04.2013 MWANZA 66 3440000 3464000 -24,000

19.04.2013 MBEYA 58 3090000 2448500 641,500

10.05.2013 ARUSHA 86 4380000 4375500 4,500

24.05.2013 MOSHI 67 3410000 2561250 848,750

14.06.2013 DAR ES SALAAM 110 5540000 5619000 -79,000

28.06.2013 TABORA 17 900000 2148750 -1,248,750

10.07.2013 DAR ES SALAAM* 61 1525000 4019750 -2,494,750

12.07.2013 ARUSHA 83 4390000 4345500 44,500

02.08.2013 TANGA 26 1330000 1728500 -398,500

16.08.2013 MWANZA 76 4060000 4390000 -330,000

18.10.2013 ARUSHA 91 4640000 4988000 -348,000

01.11.2013 MWANZA 76 4060000 4390000 -330,000

06-08.11.2013

SAHCA,DAR ES SALAAM

100 15000000 20963760 -5,963,760

22.11.2013 MOSHI 74 3790000 2625500 1,164,500

29.11.2013 MBEYA 29 1350000 2539000 -1,189,000

06.12.2013 DAR ES SALAAM 92 4800000 4433500 366,500

10.12.2013 DAR ES SALAAM* 308 12240000 12035000 205,000

17.01.2014 TANGA 221 11340000 3336000 8,004,000

TOTAL 1,850 99,755,000 99,791,583 - 36,583


DAR ES SALAAM* means the CLE conducted in Dar es Salaam for newly admitted Advocates. Any CLE seminars conducted at higher expenses than income, deficit amount was covered by the Tanganyika Law Society.

3.6. International Lawyers for Africa Program (ILFA)ILFA is a pro-bono/Corporate Social Responsibility initiative launched in 2006 by leading International law firms in the United Kingdom (UK) to contribute to the development of legal skills and expertise of African lawyers. ILFA provides 3 months of high quality work experience in leading UK international law firms and training in international law and key legal practice skills. The program runs from the beginning of September to the end of November each year.

The ILFA placements offer an annual curriculum of the most relevant parts of the participating law firms’ existing training programs. These include banking, project finance, and capital markets as well as talks and lectures from international lawyers from leading universities and international institutions. TLS has been participating in the ILFA program by advertising the program to its members, screening and proposing for selection three to four young Advocates.

In each year of the program one or two young Advocates have been selected by the ILFA organizers out of the four selected by TLS to participate in the program. The participants of ILFA program are derived from a pool of TLS young Advocates. In year 2013, Ms. Amalia Lui and Mr. Crispin Mwebesa were selected to participate in the ILFA program.

4.0. LEGAL AID AND PRO-BONO SERVICES

4.1. Status of Legal Aid Provision The TLS Legal Aid Unit continues to provide free legal aid to the indigent at the TLS Secretariat. Apart from the general provision of legal aid to the indigent, TLS through the Legal Assistance Committee (LAC) deals with all urgent matters pertaining to legal assistance. During the period under review, the Legal Aid Unit has been collaborating with LAC on three matters which required urgent interventions. These were:-• Pro-Bono case for Final year students at St. Joseph College of Engineering;• Execution of judgment at the High Court on the Legal Matter of one Omar Mbelwa; and• Submission for revision the matter of one John Ishebabi.

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TABLE 1: A summary of the Legal Aid Briefs handled by the Legal Aid Unit between 7th January 2013 and 31st July 2013

SUMMARY

MonthsUnfair

termination/ terminal

benefits/ social security

Land Probate/ administration

of estates

Accident claims

Maintenance/ Divorce/

Separation/ Matrimonial

Property/ Custody of Children

Gender Based Violence

Criminal defense

Discrimination against PLWHA

Microfinance Claims

January 3 4 2 2 3 1 1 1 0

February 6 3 3 1 4 0 1 0 0

March 4 7 2 1 1 0 3 1 1

April 6 2 7 1 1 0 1 0 0

May 10 6 5 0 1 1 0 0 1

June 6 3 3 1 0 0 0 0 0

July 5 4 1 2 4 1 2 1 0

Total 40 29 23 10 14 3 8 3 2

Total Applications (January to July 31, 2013): 132Granted court representation: 58

4.2. Legal Aid Policy and ProceduresThe Legal Assistance Committee has been able to develop and adopt the Legal Aid Policy and Procedures for the TLS in August 2013. This is the first time the TLS adopts a Legal Aid Policy. The main objective is to have a documented Legal Aid Policy to guide the legal aid practitioners assisting and representing legal aid clients and to push for reforms on realistic, comprehensive and cost-effective legal aid provision by the TLS.

The matters that have been considered include the provision of legal aid in civil and criminal matters, qualifying for legal aid (i.e. indigence and means test), proof of qualification and formal legal aid application process, approval and refusal of legal aid, procedure for appeal against refusal and termination of legal aid, Strategic litigation and intervention and pro-bono legal services. The Policy also introduces the use of mediation and conciliation within the TLS Legal Aid Unit.

This Policy is a very ambitious document. It employs practices from more developed jurisdictions such as South Africa, Uganda and United Kingdom but suited to fit the circumstance of the TLS. The Policy has been aligned with the newly adopted TLS Strategic Plan 2013 – 2017. It is hoped that if it is implemented successfully, TLS will be a model for other legal aid providers in Tanzania Mainland to follow. Having this Policy in place will assist the Legal Aid Unit in soliciting funds from various development partners to implement the legal aid related activities in the Policy. The Policy will be disseminated to the Advocates.

4.3. The Law School Legal Aid Partnership Initiative TLS has been planning to scale up its legal aid and pro-bono services to the members of the public. In this

regard, it initiated talks with the Law School of Tanzania (LST) to have a legal aid partnership. The rationale was to utilize the LST students to reach more indigent people at the same time to impart skills to the LST students. TLS is still following up on the partnership between the LST and the TLS which both parties believe that the partnership will foster the already established pro-bono and legal aid spirit and that students and Advocates will add more value on volunteerism in provision of legal aid.


5.0. POLICY RESEARCH AND PUBLICATIONS

The Policy, Research and Publication department at the Secretariat was vacant for about one year. The Program Officer to head this department was recruited in March, 2013. This department is in charge with policy, research, advocacy and publications. It is a TLS flagship when it comes to public interest advocacy and interventions.

5.1. The Tanzania Lawyer Journal TLS usually publishes two volumes of the Tanzania Lawyer Journal annually. During the period under review,

TLS published the first volume of the Tanzania Lawyer Journal for 2013. This was disseminated to members during the February 2013 Annual General Meeting (AGM). Other copies have been disseminated to members at the TLS Secretariat Office since March 2013. TLS published 1,500 copies of the first volume of the Tanzania Lawyer Journal. So far a total of 1,370 copies of the Journal have been distributed to members and 130 copies are awaiting further dissemination. TLS issued the second and final issue (volume) of the Journal for the year 2013. The second issue (volume) had 1000 copies all of which were distributed to members at the Half Annual General Meeting and Conference in Dodoma.

5.2. TLS Visibility In order to promote and uphold its visibility, TLS produces several visibility tools. Some of tools which are

being used for TLS visibility are calendars, wheel covers, T-shirts and the Wakili Bulletin, among others. During the period under review, TLS produced 2,000 copies of the 2013 calendars and disseminated them to members. Other publications include the 2012 to 2013 Council (Annual) Report. TLS published 1,500 copies of the Council (Annual) Report. Out of 1,500 copies, only 30 copies have not yet been distributed.

5.3. TLS Resource Centre During the period under review, initiatives of expanding the TLS Resource Centre into a modern and well

equipped resource centre were undertaken. These included sending regular emails to members and legal institutions requesting for donation of published books and reports. As a result, over 50 books/journals/briefs have been donated by members, legal institutions and non-government organizations.

6.0. COMMITTEES MEETINGS, REPORTS AND UNDERTAKINGS

TLS has twelve Committees which work on a number of issues and advise the Governing Council. The Governing Council appoints annually members of each Committee. According to the TLS Regulations all Committees discharges their duties for a period of one year only. Members of the Committees and activities which have been undertaken by the individual Committees, during the period under review, are provided here-below.

6.1. The Policy, Research and Publication Committee This Committee is made up of five members, namely: Dr. Cyriacus Binamungu, Mr. Frank Mirindo, Mr. Imani

Kaduma, Ms. Roselyn Rutta and Mr. Goodluck Chuwa (the Chairperson). The Committee has met twice in the reporting period. Among other activities accomplished and resolutions made by the Committee include:-

Nominating Mr. Frank Mirindo to be the Editor of the Tanzania Lawyer Journal. Reviewing and revising the Tanzania Lawyer Journal Editorial Policy and submitting it to the Council for

approval and adoption. Conducting an internally review of 30 Articles for the Tanzania Lawyer Journal. In their meetings, the Committee proposed the following matters to be considered for approval by the Council

and undertaken by the Secretariat:- TLS to embark on a project of developing law reports. This was approved by the Council and the Committee

was tasked with the development of a concept to back the project. The revival of the Wakili Bulletin.6.2. The Standing Law Committee

This Committee is composed of Dr. Tulia Ackson (chairperson), Ms. Shamim Daudi, Ms. Amne Suedi, Mr. Charles Mkude and Ms. Chripiana Shirima. The Committee was convened twice during the period under review. The Committee, among other activities, reviewed and prepared proposed amendments of the Tanganyika Law Society Act and revisited the draft Advocates Bill to take on board changes which have been aired by Advocates in various platforms. The proposed amendments to the Tanganyika Law Society Act and the Advocates Bill will be transmitted to the Ministry of the Constitution and Legal Affairs for further action.

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The resolutions and deliverables of the Standing Law Committee are as follows:-Adoption of a schedule of meetings for the whole life term of the Committee.Revising and submitting to the Council the proposed amendment of the Tanganyika Law Society Act.Revising and updating the proposed Advocates draft Bill for submission to the Council. Commenting on the Constitutional Review (Amendment) Bill of 2013 through a public hearing at the Parliament office in Dar es Salaam and submission of written comments to the Parliamentary Committee.Commenting on the Referendum Bill, 2013 by submitting written comments to the Parliamentary Committee.Commenting on the proposed amendments of the Political Parties Act of 1992 and the Political Parties Regulations of 2007 by submitting written comments.Commenting on the Government Employees Pension Fund (GEPF) Retirement Benefit Fund Bill, of 2013 by submitting written comments to the Parliament.Submitting written comments to the Parliament on the East African Protocol on Cooperation in Defense Affairs for the government’s ratification.

As an advisor of the Council on legislation, the Committee commented on the following proposed amendments of the pieces of legislation:-i) Miscellaneous Amendment Act of 2013.ii) The Notaries Public and Commissioner for Oaths (Amendment) Bill, 2013.iii) The Advocates (Admission and Practising Certificates) Regulations.iv) TLS Views on the Amendments to The Drugs and Prevention of Illicit Trafficking in Drugs Act, Cap 95.

The Committee is concerned with the number of Committee members compared with the work expected of them. They have proposed that the number be raised to seven members to increase the workforce.

6.3. The East Africa Community CommitteeThe Committee is chaired by Dr. Kennedy Gastorn and other members include; Dr. Chacha Murungu, Ms. Deborah Mushi, Mr. John Seka and Mr. Anthony Mavunde. The Committee has had one meeting so far and their accomplishments are;Developing the 2013 TLS Cross Border Legal Practice and submitting to the Council for approval andDeveloping a report on the current legal position in relation to cross-border legal practice under the EAC common market protocol 2010 focusing on eligibility and access and submitting it to the Council for submissionCommenting in writing on the ratification of the East African Protocol on Cooperation in Defense Affairs.

6.4. The Ethics CommitteeThe Ethics Committee of year 2013 is composed of Ms. Genoveva Kato who is the National Ethics Chairperson, Dr. Angelo Mapunda, Ms. Georgina Mulebya, Mr. Pascal Kamala and Mr. Hezron Mwankenja. It met several times during the period under review to deal with complaints submitted to the Committee though TLS Secretariat. During the period under review, the committee received 46 complaints. Letters together with the complaints were sent to the accused advocates requiring them to send to the committee their defense within 14 days from the date of receipt of the letter. The Committee was able to resolve 17 complaints to their finality, 19 complaints await for Advocates’ response and 10 complaints are on the hearing stage.

6.5. The Continuing Legal Education (CLE) CommitteeTLS has, among other committees, a CLE committee. In the year 2013, the CLE committee members are: Dr. Frederick Ringo (Chairperson), Ms. Asina Omari, Mr. Joseph Mpuya, Mr. Lugano Mwandambo and Ms. Amalia Lui. The Committee members serve on a yearly basis. The CLE committee members are responsible for advising the Council on any matters relating the continuing legal education and members’ professional development. During the period under review, the committee has done the following:- i. Preparation of the annual CLE calendar;

ii. Determined CLE points for members for any training/seminar done by members; andiii. Accredited other CLE’s organized outside of the Tanganyika Law Society.

6.6. The Constitution CommitteeThe Constitution Committee is composed of Mr. Mpale Mpoki (Chairperson), Mr. James Jesse, Mr. Godwin Mussa, Mr. Issa Maige and Mr. Alex Mgongolwa. The Committee convened four meetings during the period under review. This Committee was very instrumental in spearheading participation of TLS in the Constitutional review processes. It analyzed the draft Constitution Bill and conducted a Continuing Legal Education Seminar on Constitution to collect members’ opinions and submit them to the Constitutional Review Commission.


Among the activities accomplished under the reporting period are:-i) Conducting a CLE seminar on Constitution making process in collaboration with CLE Committee.ii) Undertaking a learning visit to Law Society of Kenya, the Independent Electoral and Boundaries Commission-IEBC and Constitution Reform Education Consortium (CRECO).

After the learning visit to Kenya, the Committee resolved the following:-i) More funding to be sought from WaterAid and the Foundation for Civil Society.ii) A Constitution desk to be established at TLS and a full time Officer to be recruited to assist the Secretary of the Committee in following up the Constitution review process.iii) TLS to send two Committee Members to Dodoma during the passing of the Referendum Bill to make sure that the Bill does not jeopardize public interest.

6.7. The Human Rights CommitteeThe TLS Human Rights Committee met two times during the period under review. The Committee members are Ms. Nelly G. Moshi (Chairperson), Mr. Daimu Halfani, Mr. Fulgence Massawe, Ms. Esther Meiludie and Mr. Mzalia Chamkali. The Committee implemented the following activities during the period under review:-i. Reviewing the draft Constitution on Human rights and submitting comments to the TLS Council; and

ii. Engaging on Natural Resource Watch campaign through the assistance of the SADC LA.

6.8. The HIV/AIDS Committee The TLS HIV/AIDS Committee is made up of five members, namely: Ms. Victoria Mandari (Chairperson), Mr. Kagemlo Mutagwaba, Mr. Goodluck Walter and Mr. Elibahati Akyo. The Committee met two times during the period under review. The Committee established contacts with the Tanzania Commission for AIDS (TACAIDS) and Tanzania Community of People living with HIV and AIDS (TACOPHA). Moreover, the HIV/AIDS Committee is part of a team of members who participates on the Legal Aid and Human Rights visits to prisons to identify what are the issues faced by the remandees in prisons.

6.9. The Legal Assistance Committee Legal Assistance Committee is made up of five members. The chairperson of the Committee is Mr. Alphonce Katemi. Other members of the committee are Mr. Kaleb Gamaya, Ms. Blandina Gogadi, Mr. Kitandu Ugula and Mr. Daniel Lema. The Committee has met twice since its establishment. Its main priorities are: the TLS Legal Aid Policy, Strategic Litigation cases, increase standard of Legal Aid provision at the Law Society and self fledged Legal Aid Unit with competent and trained personnel. The Committee has agreed to commit time to train and support Legal Aid Unit staff in cases which require immediate attention and drafting of the Legal documents.

6.10. Gender CommitteeDuring the period under review, TLS established a Gender Committee. The establishment of gender committee came into being due to two factors. Firstly, a pertinent need for TLS to address gender issues in all its projects and programs. Secondly, it was fostered by a request from the Ministry of Constitution and Legal Affairs. The gender committee is composed of five members; two men and three women. These members are: Dr. Natujwa Mvungi (chairperson), Mr. Clarence Kipobota, Ms. Advera Nsiima Kamuzora, Mr. Hussein Mtebwa and Ms. Anna A. Henga.

6.11. The Remuneration CommitteeThe TLS Remuneration Committee is composed of Mr. Edson Mkisi (the Chairperson), Mr. Elias Nawera, Mr. Lugano Mwandambo, Ms. Winnie Korosso and Mr. Ali Jamal. The Remunerations Committee met twice in the period under review. The Committee members and the President of TLS met with the Judiciary officers to discuss the views which needed to be incorporated in the Remuneration Order. The Committee met to consider the recommendations from the Judiciary in May 2013. The recommendations were compiled in the draft Order and forwarded back to the Chief Justice in July 2013. The Committee now awaits the Chief Justice to forward the Order to the President of the United Republic for assent.

7.0. INTERNATIONAL ENGAGEMENTS AND NETWORKING

7.1. Participation in the International ForaThe TLS Secretariat has been informing members of all important meetings which involve lawyers across the sub-regional, regional and international levels. These include the Annual Conference and General meeting of East Africa Law Society, Southern African Development Community Lawyers Association (SADC LA) Conference and Annual General Meeting, International Bar Association (IBA) Regional Forum, and the IBA

Annual Report 12

Annual Conference. Some of the members have attended some of these meetings. During the period under review, TLS has been represented at the SADC Lawyers Association Conference and Annual General Meeting, IBA Bar Leaders Forum, Commonwealth Law Association Forum, Law Society of Kenya Annual Conference and General Meeting, and the Uganda Law Society Annual Conference and General Meeting.

The Council would like to inform members that there are many benefits in attending these meetings including expanding your networks, creating market opportunity, getting to know the global trends towards cross-border legal practice, to mention a few. The Council urges members to pencil in their diaries dates for these important meetings and attend them. Otherwise, members will remain largely unexposed to the dynamics of the fast changing world and this may give room to foreigners to occupy even our local market.

7.2. Field Attachment at the Law Society of South Africa (LSSA) and the Law Society of the Northern Province (LSNP)

On 16th and 17th May 2013 the TLS CEO and Program Officer - Policy and Research visited the LSSA and LSNP. The objective of the field attachment was to facilitate obtaining of knowledge on the undertakings of the two institutions as well as best practices on managing a Law Society and Advocacy. At LSSA the TLS delegation held business consultations with several staff at the Legal Education and Development (LEAD) - a department dealing with continuing legal education. Furthermore, TLS delegation consulted the Chief Executive Officer and the Human Resource Manager. From these two personnel the delegation obtained several management, human resource and organizational policy related skills and best practices which are of crucial importance and suitable for effective management and operation of a Law Society.

7.3. Pan African Lawyers Union Training on AdvocacyOn 6th and 7th June 2013, a Program Officer – Policy and Research attended a training on advocacy organized by the Pan African Lawyers Union (PALU). The training was conducted in Arusha and was attended by Regional Bar Associations in Africa. The training aimed at familiarizing the participants with the African Union, its organs and how to approach them. Apart from learning how to engage with the AU and its organs, the training imparted advocacy skills to the participants from the regional Bar Associations.

7.4. Training on Fund Raising and Donor ManagementFrom 1st to 4th October 2013, all TLS Program Officers attended a four day training course at Danish Training Centre for Development Cooperation (MS-TCDC) in Arusha on fundraising and donor management. This training was provided under the BEST Project as way of building the capacity of Program Officers to be able to develop funding proposals and mobilize more funds for Tanganyika Law Society.

7.5. Training on Human Rights Southern African Development Cooperation Lawyers Association (SADC LA) coordinated a two days training on Human Rights. The training was conducted to the implementing Officers from the Law Societies of the Southern Africa region. The training took place from 13th to 14th June 2013 in Johannesburg, South Africa. TLS was represented by a Program Officer – Legal Aid from the Secretariat and Mr. Daimu Halfani who is a member of the TLS Human Rights Committee. During the training the SADC Law Societies were requested to collaborate with the SADC LA on the planned lobbying process in all SADC LA countries before the meeting of the Heads of State scheduled to take place in Malawi in August 2013.

8.0. PROJECTS AND PROGRAMS

During the period under review, the Tanganyika Law Society has implemented a number of projects and programs. Some of the projects and programs came to an end during the period under review while others continue to be implemented. Projects which are currently being undertaken at the TLS are: Upgrading Paralegal Training Manual and Monitoring of Paralegal trainings, Disability Rights Project and the Pro-bono Advocates Project. The Business Environment Strengthening (BEST) Program was finalized and closed.

8.1. Upgrading Paralegal Training Manual and Monitoring of Paralegal trainings ProjectThe project is funded by the Legal Service Facility (LSF), a basket funding arrangement by the Government of Denmark. The primary objective of the project is to bring harmonization of paralegal training through the development of two training manuals and to assist organizations and trainers in designing, conducting, and evaluating paralegal trainings across Tanzania Mainland. The project is a furtherance of the TLS statutory objective of regulating the legal profession and the quality of legal education


In the period under review the TLS in cooperation with other Legal Aid Providers identified and incorporated new developments into the paralegal training package. A separate Legal Aid Provider’s Trainers Manual has also been developed. The LAPs Trainers Manual is envisaged to provide high quality training, empowerment and capacity building for LAPs trainers who will train paralegals in addressing various issues of human rights abuses in Tanzania Mainland. The manuals have been distributed to 33 Legal Aid Providers and 2800 paralegals in the period under review.

Training of trainers (TOT) is another major component of the project. The TLS has been mandated under the project to train 67 lead trainers from 33 LAPs currently implementing the project. In the period under review two (2) training of trainers were conducted in February/March 2013 and August 2013. The lead trainers have been imparted with knowledge on how to design, conduct and evaluate paralegal trainings and the envisaged uniform approach to paralegal trainings.

The other major component of the project is monitoring the use of the manual by all LAPs in all identified 107 districts. Paralegal units established will also be monitored in 2014. The TLS project team has already visited paralegal trainings in 76 districts. Among other things, LAP trainers were assessed on the quality of the trainings delivered and compliance to the agreed modules as provided in the manuals and the number of days for the trainings.

A change of approach in paralegal trainings is being designed for 2014. Emphasis is placed on legal education and information as a crucial part of legal empowerment, more specifically on protection of women’s rights. Another funding proposal is being developed to accommodate for this.

8.2. Access to Justice for Persons with Disabilities ProjectTLS is currently implementing a small project on Access to Justice for Persons with Disabilities. This project is being funded by the Ministry of Constitution and Legal Affairs through the Legal Aid Secretariat. The project aims to conduct a baseline survey on the access to justice for people with disabilities in the selected regions of Tanzania Mainland. The baseline survey is expected to document data which will pave way to strengthen access to justice to persons with disabilities in Tanzania Mainland. In undertaking the project, selected Advocates will be trained on disability rights to enable TLS to create a pool of Advocates to render services to persons with disability according to the special needs of the persons with disabilities. The ultimate goal of this project is an improvement in the access to justice and increased representation to persons with disabilities.

8.3. Pro-Bono Advocate ProjectThe TLS has signed a Memorandum of Understanding with the Legal Aid Secretariat (LAS) on joint coordination and clearing of a backlog of legal briefs emanated from the Legal Aid which was conducted by LAS in 2012. Under this arrangement, TLS will make use of its pool of Advocates to attend to legal aid briefs and sort out the backlog. Two volunteers have been recruited to facilitate quick review of the legal aid briefs and implementation of the activity. The project involves selecting from a pool of TLS Advocates as well as training of selected Advocates to serve as pro-bono Advocates.

TLS Legal Aid Unit with the help of trained pro-bono Advocates will take up the briefs by conducting a follow up to cases allocated to pro-bono Advocates in Dar es Salaam and in selected regions. A total number of 15 Advocates were trained on how to handle Legal Aid matters on pro-bono basis. Advocates participating in this program will be issued with certificates of participation and facilitation allowance per number of files allocated and attended. A pilot project will be conducted in Mwanza, Dodoma and Dar es Salaam with anticipation of reaching all Chapter regions in the next financial year.

8.4 Supporting Access to Justice for Children and Youth in East Africa (SAJCEA) SAJCEA is a 4 years Project which aims to Securing the Future of Children and Youth East Africa (Kenya, Tanzania and Uganda). The project is financed by the government of Canada through the Canadian International Development Agency (CIDA) now the Department of Foreign Affairs, Trade and Development (DFATD) in collaboration with the Canadian Bar Association (CBA).The project is hosted by Law Societies of Kenya, Uganda and Tanzania. It is implemented by National Working Groups formed by different Government and Non government Justice Institutions working directly with children. The Tanzania National Working Group (TNWG) is coordinated by the National Project Coordinator Mr. Benedict Bahati Bagiliye (Advocate) who is joined by 12 member institutional representatives from the Tanganyika Law Society (TLS), Zanzibar Law Society (ZLS), the Ministry of Constitution and Legal Affairs (MOCLA), the Judiciary, Commission for Human Rights and Good Governance (CHRAGG), Women’s

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Legal Aid Center (WLAC), Tanzania Child Rights Forum (TCRF), Legal and Human Rights Center (LHRC),Tanzania Youth Alliance(TAYOA), the Ministry of Health and Social Welfare(MHSW),the Ministry of Information,Youth,Culture and Sports(MIYCS) and the Attorney General’s Chambers through the Directorate of Public Prosecutions(DPP’s Office) form the steering group responsible to ensuring that SAJCEA Project activities are implemented.

The objective of the project is to improve the safety and security of children in Kenya, Tanzania and Uganda by improving their ability to seek and obtain remedies for infringements of their rights, through courts or local dispute resolution venues in conformity with human rights standards.

The project components include:1. Legal Aid: Needs assessments, Legal aid/pro bono services programs, Public legal education programs (IEC

programs), Skills training programs (lawyers, paralegals), Awareness training for justice sector SHs, Public interest litigation

2. Administration of Justice: Pilot initiatives in courts/local dispute resolution venues to improve court administration and services (i.e. child friendly courts, legal aid services available, diversion, probation, etc.) and Development of court database

3. Law Reform: Conferences and roundtables on children’s rights, legal aid, juvenile justice, etc, Study Tours to Canada and other African countries, Comparative Law Analyses and Regional Annual Conferences.

In the period under review, activities that were undertaken include the needs assessment. Further, training to Judicial, Social Welfare, Police, State attorney and Prison officers on the Law of the Child and Juvenile Court Procedures was conducted in Dar es Salaam at Blue Pearl Hotels. Also Children Pro bono advocates have been recruited and trained on handling civil and criminal cases involving children. A database for the Children Pro bono advocates has been established. IEC Materials and giggles developed have been developed already. A study tour to Canada for the Coordinator and some TNWG Members has been planned to take place in early March, 2014.

8.5. Business Environment Strengthening of Tanzania Program (BEST)All the activities which were earmarked for implementation under the BEST program through TLS were accomplished as of June 2013; save for few staff capacity building trainings which are currently being accomplished. Through this program, TLS managed to establish and support a pilot Chapter office in Mwanza, empower TLS Secretariat staff through capacity building training courses, buy a vehicle to facilitate program activities, cater for TLS staff networking activities and conduct field attachment for learning in Kenya, Uganda and South Africa.

9.0. STRATEGIC LITIGATION

As reported in the last Annual General Meeting, the Society has been involved in a number of strategic litigations. Some of the cases have already been filed in court while others await finalization of the pleadings by the respective Advocates. During the period under review, the Council, through the Secretariat, requested for the re-confirmation of commitments of panel members for public interest litigation cases. The details of pending and concluded cases are given below.

9.1. Challenging the Violation of the Right to Participate in Public Affairs (the Right to Independent Candidate)On 2nd and 10th June 2011 the Tanganyika Law Society, Legal and Human Rights Centre and Rev. Christopher Mtikila respectively, filed an application at the African Court on Human and Peoples Rights (AFCHPR) against the United Republic of Tanzania. The case citation is the Tanganyika Law Society and the Legal and Human Rights Centre and Rev. Christopher Mtikila v. The United Republic of Tanzania, African Court on Human and Peoples Rights, Registered Application no. 009/2011 and 011/2011. This case regards the violation of citizens’ right of freedom of association, the right to participate in public affairs and the right against discrimination by prohibiting independent candidates to participate in Presidential, Parliamentary and local government elections. The Applicants allege the violation was done by the government of the United Republic of Tanzania through the eighth Constitutional amendment of 1992 which amended articles 39, 67 and 77 of the United Republic of Tanzania Constitution of 1977. In this case, the Applicants also alleged that, the Respondent had violated the rule of law by initiating a constitutional review process to settle an issue pending before the Courts of Tanzania.

This application at the AFCHPR had been preceded by two applications at the High Court of Tanzania whereby the first was in 1993 through Civil Case No. 5 of 1993 and Miscellaneous Civil Cause No. 10 of 2005 all of which were decided in the favor of the Applicant - Rev. Christopher Mtikila. Unfortunately, the Respondent


through Civil Appeal No. 45 of 2009 at the Court of Appeal of Tanzania successfully quashed the High Court’s decision in Miscellaneous Civil Cause No. 10 of 2005 which affirmed the right to contest as an independent candidate in Tanzanian Presidential, Parliamentary and local government elections.

At the AFCHPR, the Applicants sought the African Court to: firstly, order that the Respondent has violated Article 2 and 13 (1) of the Banjul Charter and Article 3 and 25 of the International Covenant on Civil and Political Rights (ICCPR). Secondly, order the Respondent to put in place constitutional and legislative measures to guarantee the rights enshrined under Article 2 and 13(1) of the Banjul Charter and Article 2 and 25 of the ICCPR. The AFCHPR unanimously found that the Respondent had violated Article 10 and 13(1) and by a majority of 7 to 2 that the respondent had violated Article 2 and 3 of the Banjul Charter and hence ordered the Respondent to take constitutional and legislative measures to remedy the violation. The Applicants were represented by Advocates James Jesse, Donald Deya and Clement Mashamba. In accordance with the Court’s Rules, judgment was delivered on 24th June 2013. The judgment was in favour of the Applicants prayers.

9.2. Challenging the Constitutionality of Section 8 of the Advocates Act, (Cap. 341 R.E. 2002)The said section prescribes the process for admitting Advocates, with specific reference to the discretion provided to the Chief Justice to assess the suitability of admission of candidates to his “satisfaction”. These provisions were previously tested in the case of Samson Rumende v. the Chief Justice of Tanzania and Attorney General, in which the Court, inter alia, held that the section is arbitrary. However, Parliament has yet to take any measures to rectify this anomaly. If left unchallenged, this legal anomaly leaves room of arbitrary discretion to the office of the Chief Justice.

9.3. Challenging the Constitutionality of the Election of Uncontested CandidatesTanzanian electoral laws allow persons to run uncontested during elections thus being declared a winner even without undergoing the voting process. This practice does not espouse representative democracy. Therefore, the TLS challenges the democratic legitimacy of this system of elections by advocating for participatory, contested and legitimate elections in accordance with the Constitution of the United Republic of Tanzania, 1977, and precedents from other jurisdictions and international instruments.

9.4. Challenging the Laws Revision ActThis Act unconstitutionally provides powers to the Attorney General, Chief Parliamentary Draftsman and the Minister to make and unmake the Acts of Parliament and Subsidiary Legislation. These offices are vested with editorial powers to amend the laws without parliamentary deliberations through some provisions availed in Chapter 4, Revised Edition of the Laws of 2002. If this power remains unchecked, the legislative processes will become unpredictable as the Executive may replace the Legislature in the law making processes.

The cases in 9.2, 9.3, and 9.4 have not been filed because the Advocates who were assigned the cases could not file them. The Council and the Secretariat are endeavoring to file the cases.

10.0. APPOINTMENTS AND REPRESENTATION 10.1. Appointments

During the period under review, a number of Members were appointed to various positions in different bodies. Likewise, a good number of members were recommended for appointment by the TLS Executive Committee to represent TLS in various bodies. Mr. Francis K. Stolla was appointed by the Minister of Home Affairs as a member of the Parole Board. Mr. Godwin Mussa and Mr. Waziri Mchome were appointed as members of the Court Users Committee of the High Court of Tanzania, Labour Division.

In the same vein, the TLS Executive Committee recommended Ms. Asina Omari for re-appointment to the Board of the Institute of Judicial Administration; Ms. Georgina Mulebya and Ms. Vicky Mandari were recommended to the Minister of Constitution and Legal Affairs through the Law School of Tanzania (LST) so that one of them be appointed a Board Member of LST.

Annual Report 16

10.2. Representation of TLS in other BodiesTLS is being represented by its members in different decision making bodies of government institutions and Boards associated with TLS work. Here-below are the names of members and the bodies where they represent TLS.

No. NAME BODY/ORGAN DATE/YEAR OF APPOINTMENT

DATE/YEAR OF EXPIRY

1. Mr. Francis Stolla Governing Board of the Law School of Tanzania

2011 2014

2. Mr. Kamara Mpaya Advocates Committee 2010 February, 2014

3. Mr. Issa Maige

Mr. Colman Ngalo

Council for Legal Education 2007 2014

4. Mr. Joseph Mpuya Council of Dar es Salaam Stock Exchange

March, 2008

5. Ms. Maria Kashonda Trustee of Tanzania Law Reports 2007 No Limit

6. Mr. Francis Stolla


Dr. Ringo Tenga

Civil Justice Technical Working Group (CJTWG) Under Law Reform Commission

2006 Until Completion of the Project

7. Mr. Damas Ndumbaro

Mr. Deusdedit Simbakalia

Coalition on a Campaign for Freedom of Information Law in Tanzania

2006 No Limit

8. Mr. Silvanus Mlola

Mr. Lugano Mwandambo

Commercial Court Users Committee.

2007 No Limit

9. Mr. Albert Msando

Mr. Francis Stolla

Council Members of the East Africa Law Society

2011 2014

10. Ms. Regina Sinamtwa

Mr. Addo Mwasongwe

Council Members, SADC LA 2012 2013

11. Dr. Alex Nguluma Member of the Practical Legal Training and Examination Committee of the Law School of Tanzania

October, 2008 No Limit

12. Mr. Julius K. Bundala

Ms. Georgina Mulebya

National Criminal Justice Forum 4 August, 2009 2012

13. Mr. Julius K. Bundala Task Force Committee For Alternative Dispute Resolution

14. Mr. Julius K. Bundala Tax Revenue Appeals Tribunal

15. Ms. Fatma Karume Commercial Court Rules

16. Ms. Francis Stolla TRA Stakeholders Forum

17. Mr. Godwin Mussa

Mr. Waziri Mchome

Labour Division, Users Committee

2013 No limit

18. Ms. Asina Omari Board of the Institute of Judicial Administration

2013 2016

17

11.0. FINANCE AND ADMINISTRATION

11.1 INTRODUCTION A budget is described as a breakdown of a spending plan. To have a positive impact, the budget must be realistic, accurate, and, more importantly, controlled.

It’s of paramount importance that everyone in the organization understands the budget, because to understand the budget is to understand the organization’s goals. The budget is first and foremost a planning tool. Without a budget, an organization may not be able to make the best decisions.

11.2 YEAR 2013 BUDGETIn the year 2013 a total expenditure budget of TZS 1,136,926,903 was passed during the Annual General Meeting which was held in Dodoma on February 2013.

On the revenue side, the main source of funding of the budget being members’ subscriptions supported by other sources like Continuing Legal Education (CLE) seminar fees, sponsorships and projects.The table below shows comparative figures between Budget and Actual figures:-

Descriptions Budget Actual

INCOME 1,214,761,948 1,082,015,880

Members Contributions 907,375,000 858,164,746

CLE Fees: 194,500,000 190,651,724

Projects 82,886,948

Other Sources 30,000,000 33,199,410

EXPENDITURE 1,136,926,903 1,068,267,579

Advertising Expenses 4,924,493

Audit fees 4,500,000 4,500,000

Telephone , Fax & Postage 15,456,000 17,598,673

Bank Charges 3,000,000 2,432,168

Bulk Sms 10,500,000 13,127,205

Chapters Expenses 2,750,000

Computer maintance and Consumables 1,800,000 2,440,080

Annual Report 18

Depreciation 7,989,077 59,534,890

Electricity 5,160,000 5,810,000

Generator Fuel 5,760,000 1,711,280

Generator Repair and Maintanance 1,829,077 1,270,000

Health Insurance for staff 17,169,600 19,330,800

Internet Charges 8,602,200 7,582,650

Kitchen Stuff 3,600,000 3,506,400

Media Engagement 5,000,000 838,500

Motor Vehicle fuel 4,800,000 1,869,920

Motor Vehicle Repair & maintanance 1,800,000 729,800

Office Newspaper 960,000 503,850

Other Expenses 20,000,000 16,384,755

Printing & Stationery 6,000,000 16,674,130

Professional & Consultancy fees 10,000,000 11,940,000

Rent 62,400,000 42,959,793

Land Rent 535,212

Repair and Maintanance 4,198,280

Salaries 234,272,640 223,204,186

Security 15,930,000 20,441,058


Solid waste Disposal 360,000 762,500

Staff Training & Capacity Building 1,810,923 5,247,000

TLS office equipment Insurance 694,886 143,750

Transport Allowance 2,930,032

Travel and Accomodation Expenses 7,087,338

Office Water 3,600,000 2,951,930

Website hosting 150,000 388,800

Council and Committee Meetings 20,120,000 34,557,769

General Meetings 510,000,000 370,211,558

Legal Aid Unit 16,680,000 100,000

Research, Publications and Advocacy 2,400,000 -

Members Services 81,280,500 91,227,320

Networking 29,080,000 45,428,891

Staff Membership Fees 1,666,000 653,000

TLS Membership fee 7,356,000 7,983,828

New Advocates Admission Ceremony 10,000,000 10,010,740

Capital Expenditure 5,200,000 1,785,000

SURPLUS 77,835,045 13,748,301

From the table above a total of Tzs was 858,164,746 was collected from 2,683 members, whereby 2,437 members are practicing and 246 members are non practicing members.

Generally, there was a net expenditure saving of Tshs 124,705,137 which to a great extent has been contributed by a number of factors including;i) Huge difference between General Meetings Budget and the actual expenditures, i.e. Tzs 510,000,000 (budget) vs. Tzs 368,923,065 (actual) resulting in variance of Tzs 141,076,935.ii) More than ninety percent (90%) of the salary of one of the staff was being paid by LSF project. iii) Removal of staff lunch.iv) Deduction of salaries at the level of Programme Officers. v) Removal of thirteenth salary, except for those whose contracts had such item specified.

Annual Report 20

11.3 PROPOSED BUDGET FOR THE YEAR 2014

As the old saying goes;’ Failure to plan is planning to fail’, TLS in its efforts to defeat the outcomes of failure to plan, as stated earlier, in 2008 introduced its First Generation Five Year Strategic Plan which ended in 2012.

Implementation of the second generation Strategic Plan was supposed to start with the 2013 budget, however at the preparation stage of the budget the plan was not yet finalized so the 2013 budget was partially used to implement the 2013 Strategic Plan activities. As a result, unlike this year’s budget, 2013 budget was haphazardly prepared for reasons set out above.

In order to make sure that everyone at the TLS Secretariat understands the 2014 budget; every Programme Officer presented and defended his/her department budget before other staff members.

The second Generation Strategic Plan Started in 2013 through 2017 as was officially endorsed during the February 2013 Annual General Meeting held in Dodoma. In this case therefore, 2014 budget has been specifically prepared as part of the implementation process of the Strategic Plan activities whose implementation stage fall within the year 2014.

The 2014 budget is divided into three parts, namely;Part I: Revenues, Part II: Expenditures and Part III: Surplus/ (Deficit).

PART ONE: REVENUE

The main source of revenue is members’ subscriptions, contributing seventy eight (77%) of the total revenue as shown below:-

S/n Source Amount Percentage

1 Members Subscriptions 1,080,000,000 77%

2 CLE Fees 223,500,000 16%

3 Projects contributions 78,032,166 6%

4 Other 20,000,000 1%

TOTAL 1,401,532,166 100%

i) SubscriptionsIt is estimated 3,000 practicing members will pay their subscription fees, making a total collection of Tshs 1,056,000, whereas on the other hand 200 Non practicing Members are estimated to pay their subscriptions totaling Tzs 24,000,000. Therefore, in the year of income 2014, a total of 3,200 members are expected to contribute total subscription fees of TZS 1,080,000,000


ii) CLE Seminar fees and other Sources;It is estimated 4,470 members will attend CLE seminars for the year 2014 contributing revenue of TZS 223,500,000. Other sources, mostly meeting sponsorships, are estimated to contribute revenue of TZS 20,000,000.

PART TWO: EXPENDITURES

As earlier stated the budget for 2014 has been specifically prepared as part of the implementation process of the second generation of the Strategic Plan. In this case therefore, budget lines of the Expenditure part of the budget are divided according to the Key Result Areas of the Strategic Plan. In this case a total budget of TZS 1,348,315,434 has been proposed as shown below:-

NOTE: Detailed budget is shown in Appendix: 1

ITEM AMOUNT (TZS)

Secretariat Administrative Expenses 108,935,600

Salaries 271,102,680

Annual General Meeting 298,047,400

Half Annual General Meeting 180,332,233

Members Services 147,605,500

Legal aid 50,000,000

Improve Strategic Collaborations and Alliances 59,919,598

Institutional Capacity Building 139,572,423

Improve Legal Knowledge, Policy Analysis, Research and

Advocacy 92,800,000

The estimated number of 3,200 members expected to contribute their subscriptions has been established basing on the past three years trend as shown below;

Years 2011 2012 2013 2014 (Budget)

Amount Received 558,992,615 798,209,500 858,164,746 1,080,000,000

No. of Members 1,544 2,205 2,683 3,200

Total No in the Roll 2,013 2,901 4,171 4,669

Percentage 76 76 64 68

Annual Report 22

PART THREE: SURPLUS/ (DEFICIT)

In this budget a surplus of TZS 53,216,731 is expected, being a result of excess of Revenue over Expenditure.

As stated earlier, this budget is part of the implementations process of the Strategic Plan. In this regard, it should be understood that failure of this budget means failure of the Strategic Plan itself, therefore, anyone having a role to play to make this budget a reality should heartily play her/his part. As by doing so, she/he will be contributing to making the Strategic Plan a reality. All in all, it can be done, let everyone having a contribution to the implementation of this budget play her/his part.

11.4 LEGAL AID AND ADVOCACY CENTRE (LAAC) PROJECT After critically analyzing the trend of members’ contribution of TZS 50,000 annually towards this Project the Governing Council decided to hire a consultant to ascertain the viability of the project. The consultant upon completion of his work came up with the following options of the implementations of the eagerly awaited project:-Option 1. Rehabilitation of existing structure on plot No 391, Chato Street.

Option 2: Constructing the proposed building by going into partnership with a private developer.

Option 3. Using bank loan to construct the office building (5 years repayment period – with one year grace period)

Option 4. Using bank loan to construct the office building (10 years repayment period – with one year grace period)Based on the consultant analysis on the above options he identified the following advantages and disadvantages of each option:-Option 1. Rehabilitation of existing structure on plot No 391, Chato Street.Advantages:• Itcanbeputintouseinaveryshorttime• ItwillgiveTLStimetoorganizeitsfinanceandbuildthenewofficebuildinginthefuture.Disadvantages• Officespacemightnotbeenoughtomeetthecurrentandnearfutureofficerequirements• Sincethebuildingwasinitiallyaresidentialbuilding,theofficelayoutmightnotbeaspermodernoffices.

Option 2: Constructing the proposed building by going into partnership with a private developer. This option is based on the following premises:• TheGovernmentwillallocatelandtoTLStoconstructtheLAACbuildingatnocosttoTLS.• TLSwillenterintoapartnershipagreementwithrealestatedeveloperinwhichcasethedeveloperwill construct offices which will accommodate TLS and leave enough space rent out to other customers.• Thedeveloperwilloperatethebuildingforagreednumberofyearsandthentheownershipwillbetransferred to TLS thereafter.

Advantages• TherewillbenofinancialpressureonTLSforconstructionoftheofficebuilding• GivesTLSanopportunitytoownastateoftheartbuilding(investment)inthelongrun• TLSwillgetaspaciousofficeforitsoperations

Disadvantages• ItdependsonhowquickthegovernmentisgoingtoallocatelandtoTLS.• WilltaketimebeforethebuildingownershipgoestobacktoTLS.Option 3 Using the bank loan to construct the office building (5 years repayment period – with one year grace period)


This option is based on the following premises. • ItisestimatedthebuildingwillcostTshs2,542,428,000• Thelandwillbeusedassecurityfortheloan.• Loanwillattract18%interestrate.• Theloantoberepaidoversixyears(5yearsfromyeartwoallowing1yeargraceperiodwhichwillbe

used for construction). • TotalrevenueofTZS258misexpectedtobecollectedperannumasopposetobankloanrepayment

amount of TZS 783m per annum.Note that this option is not viable as TLS will not be able to repay the loan in 6 years.Option 4. Using the bank loan to construct the office building (10 years repayment period – with one year grace period)This option is based on the following premises.

• ItwillcostTshs2,542,428,000toconstructanewbuilding• Thelandwillbeusedassecurityfortheloan.• Loanwillattract18%interestrate• Theloanwillberepaidover10years(10yearsfromyeartwoallowing1yeargraceperiodwhich will be used for construction)• AtotalrevenueofTZS258misexpectedtobecollectedperannumasopposetobankloanrepayment amount of TZS 529m.Note that this option is also not viable as TLS will not be able to repay the loan in 10 years.

From the analysis of the above options it was recommended TLS to consider option 2. That is, teaming up with private developers to undertake the project under the public-private-partnership (PPP) model.

11.5 TLS HOUSE AT CHATO STREETWhile contemplating the above recommendations, as a ‘short term’ measure the Governing council decided TLS House along Chato Street should be renovated, so that upon expiry of rent (on 31st July 2013) at Ruhinde Street Office, Ada Estate, TLS Secretariat must move its operations to TLS house at Chato Street.A contractor was hired through competitive process and on early July 2013 renovation work commenced. Renovation work was completed before the end of July 2013 allowing TLS Secretariat to move to its office on time. Total renovation work amounted to TZS 98,678,764. This amount was not taken from the LAAC funds but rather came from the general fund (i.e. members’ subscription fees).

11.6 LAAC PROJECT FUNDAs at 31st December 2013 TZS 348,859,589 had already been collected and the only payments which have been made through this account are:

Date Chq No Descriptions Payments

14.03.2011 249967Consultancy fee-Assessing financing

options3,500,000

14.02.2012 249969Preparations of architectural drawings

for LAAC Project building50,000,000

05.04.2013 249970Consultancy fee-Preparation of business

plan for LAAC project5,000,000

Bank charges 626,700

Total Tzs 59,126,700

Annual Report 24

11.7 FIXED DEPOSIT ACCOUNTSo far, for more than four years LAAC funds were lying idle at CRDB Bank account. However, in the year 2013 upon approval by the Governing Council, the Secretariat sought for a bank which can offer the best rate of interest for Fixed Deposit Account of which we managed to get 14% per annum from Barclays Bank Tanzania Ltd. A total of TZS 240,000,000 was deposited into a fixed account for one year which upon maturity (October 2014) a net interest income of Tzs 30,240,000 will be earned. Moreover, the total balance of funds (i.e. FDR amount and the remaining balance) as at 31st December 2013 was 278,797,000.

11.8 TLS WEBSITE (www.tls.or.tz)TLS Website is currently up and running soon will be officially launched. This is going to be the main platform where Council/Secretariat and members can communicate. Moreover, the TLS website will be linked to other links, including;11.8.1 The Forum This is a forum where members can exchange ideas on different topics, being legal or any other topic of public interest.11.8.2 Members’ DatabaseIn this, details of each member will be recorded and accessed. These details include:-

i) Membership status, whether active or inactive.ii) Number of CLE points accumulated by each member at a particular time.iii) CLE seminar calendariv) Membership category i.e. Practicing or Non Practicing. v) Member’s contact details, etc

Members are encouraged to visit the website as this, as stated earlier, is going to be the main means of communication between Council/Secretariat and Membership and the public at large. Moreover, sms’ will be used to alert members whenever there is an important matter to be checked in the website.

12.0. CHALLENGES, SUCCESS AND RECOMMENDATIONS

12.1. ChallengesDuring the period under review, TLS Secretariat faced a number of challenges. Some of them are repetitive, while others are new. The challenges which have been experienced by the Secretariat during its operations are:- 1. There is inadequate cooperation by the Advocates when Ethics complaints are filed against them.2. Some Advocates are reluctant to accept, and return the legal aid file briefs. This increases the number

of files which stay longer at the Legal Aid Unit waiting to be allocated to members.3. Inactiveness of some Committee members and their reluctance to attend to the TLS committee-

related activities and meetings, delays the accomplishment of assignments on time.4. Defaulting to pay annual subscription fees by members.

12.2. SuccessTLS Secretariat faced a number of challenges during the period under review. It managed to attain incremental development in a number of programs and operational areas such as:-

1. Increased number of members attending the continuing legal education seminars which are meant for professional development.

2. Seminars became more interactive. 3. Improved working relationship between the Judiciary and TLS (the Bar). This is witnessed by the number

of Cause Lists in both Civil and Criminal matters which have been received by TLS from the Judiciary.4. Regular Bench-Bar meetings to address case backlog and other pertinent judicial and practice-related

matters.5. Ethics cases are now handled on time by the Ethics Committee, in instances where there is effective

members’ cooperation.


6. Number of ethics cases received is minimal.7. The development and adoption of the Legal Aid Policy.8. Submission of comments on four pieces of legislation and one Protocol as requested by the Parliamentary

Committees and other State institutions.9. The development and finalization of the TLS Strategic Plan for 2013 to 2017.10. Active participation in the Constitution Review processes by collating, analyzing and submission of

members’ opinions to the Constitutional Review Commission. 11. TLS being constituted as a Constitution Forum to discuss the Constitution Bill and meaningfully contribute

to the Draft Constitution Bill improvement.

12.3. RecommendationsThe Governing Council is of the view that in order to foster professional development, uphold access to justice and promote the rule of law:-

1. All members are encouraged to serve their clients with highest professional standards.2. TLS shall continue to collaborate with like minded organizations in matters relating to access

to justice, governance and rule of law. 3. There is a pertinent need of designing better CLE topics and expansion of pool of resource

persons to make CLE seminars more attractive to members.4. TLS to secure an ISBN number for its publications to enable them to be used in public

libraries.5. All TLS members are urged to attend continuing legal education seminars geared for

professional development.

Presented to TLS Members this 22nd day of February, 2014 at Arusha. On behalf of the Governing Council of the Tanganyika Law Society, I thank you all for your collaboration and support.

Francis Kwilabya Stolla.PRESIDENT.

Annual Report 26

TANGANYIKA LAW SOCIETY

COUNCIL’S RESPONSIBILITY IN RESPECT OF THE FINANCIAL STATEMENT

It is the responsibility of the Council to prepare financial statements of the Society for each financial year, that present a true and fair view of the state of affairs of the Tanganyika Law Society as at the end of the financial year.

The preparation of these financial Statements was based on appropriate accounting policies which have been used anvd applied consistently. Reasonable, prudent judgment and estimates have been made in the preparation of the financial statements for the year ended 31 December, 2013.

The annual financial statements for the year were prepared in accordance with the International financial Reporting Standards on a going concern basis. Nothing has come to the attention of the Council to indicate that the Society will not remain a going concern for the foreseeable future.

Adequate accounting records have been kept which at any time disclose with reasonable accuracy the financial position of the Tanganyika law Society. The assets of the Society have been safeguarded by taking reasonable steps for the prevention and detection of fraud, error and other irregularities.

------------------------ -------------------------FRANCIS STOLLA DATEPRESIDENT TANGANYIKA LAW SOCIETY

13.0 YEAR 2013 AUDIT REPORT

17/02/2014



AUDITORS’ REPORT

We have audited the financial statements of the Tanganyika Law Society for the year ended 31st December, 2014 as set out on pages 3 to 12. We obtained all the information and explanations which we considered necessary for our audit.

Respective Responsibilities of the Council and Auditors

The Council of the Society is responsible for preparation of the financial statements. Our responsibility is to form an independent opinion on those financial statements based on our audit and report that opinion to members of the Tanganyika Law Society.

Basis of Opinion

We conducted our audit in accordance with International Standards on Auditing. An audit includes examination on a test basis, of evidence relevant to the amounts and disclosures in the Financial Statements. It also includes an assessment of significant estimates and judgments made by the Council in the preparation of Financial Statements and whether the accounting policies followed are appropriate to the circumstances of the Society, consistently applied and adequately disclosed. We accordingly planned and performed our audit so as to obtain all the information and explanations, which we considered necessary in order to provide evidence for a reasonable assurance that the Financial Statements are free from material misstatements.

Opinion

In our opinion, the Financial Statements fairly present a true and fair view of the state of affairs of the Society as at 31st December, 2013, its surplus and cash flows for the year then ended and comply with generally accepted accounting practices and the Tanganyika Law Society Ordinance.

SALIM O. MANDARI – FCPA (T) – PP- 141, FTAAMANAGING PARTNERMANDARI AND COMPANYCERTIFIED PUBLIC ACCOUNTANTS

DAR ES SALAAM

DATE: ----------------------------------12/02/2014

Annual Report 28


A STATEMENT OF FINANCIAL POSITION AS AT 31ST DECEMBER 2013

ASSETS EMPLOYED: NOTE 2013 2012TZS TZS

NON-CURRENT ASSETS Land and Buildings 675,553,236 0Furniture and Fittings 28,841,211 25,061,384 Library Books 5,528,454 6,318,233 Machinery and Equipment 26,823,264 30,655,159 Computers 5,446,971 6,930,153 Motor Vehicles 32,426,357 43,235,143 TOTAL FURNITURE AND EQUIPMENT 2 774,619,492 112,200,072

INTANGIBLE ASSETAccounting Package 3 3,896,780 3,896,780 Less: Accumulated Depreciation (1,962,377) (801,735)

1,934,403 0 3,095,045 CAPITAL WORK IN PROGRESSWakili House Project 4 0 621,000,000 Total Non-Current Assets 776,553,896 736,295,117

CURRENT ASSETSDebtors and Prepayments 5 10,302,791 42,959,793 Cash and Bank Balances 6 894,537,012 503,593,916

904,839,803 546,553,709 TOTAL ASSETS 1,681,393,698 1,282,848,826

RESERVES AND LIABILITIESCapital and General Reserves Capital Fund 7 1,910,000 1,910,000 General Accumulated Fund 867,812 867,812 Revaluation Reserve 8 374,525,837 374,525,837 Surplus/(Deficit) Accumulated 670,329,489 292,113,353 Total Capital and General Reserves 1,047,633,138 669,417,002

Deferred Grants and Contributions

Contributions towards Construction of LAAC 338,890,589 217,451,589 LAAC Contribution received in Advance 9,969,000 18,300,000 CBA Grant – Canadian Bar Association 9 1,260,770 1,260,770 LSRP Grant 10 3,345,384 3,345,384 BEST Two Grant 11 82,149,336 82,149,336 Total Deferred Grants 435,615,079 322,507,079


Current Liabilities

Subscriptions Received in Advance 179,972,000 129,958,000 Creditors and Accrued Expenses 12 12,027,980 158,128,746 DAT Fund Contributions Payable 13 5,533,000 2,589,000 EALS Subscription Payable 612,500 249,000 Total Current Liabilities 198,145,480 290,924,746 TOTAL RESERVES AND LIABILITIES 1,681,393,698 1,282,848,827

NOTES 1 TO 14 FORM PART OF THESE ACCOUNTS

-------------------------- ---------------------------- PRESIDENT HON. TREASURER

------------- DATE

17/02/2014

Annual Report 30


A STATEMENT OF COMPREHENSIVE INCOME AND EXPENDITUREFOR THE YEAR ENDED 31ST DECEMBER, 2013

INCOME NOTE 2013 2012TZS TZS

Members’ Contributions 858,164,746 798,209,500CLE Income 190,651,724 216,335,200AGM CLE Income 0Donations for AGM 0 0Law Journals, Directory and ID Sales 0 0Other Sources of Income 33,199,410 19,710,800Projects receipts 1,340,512,341 750,106,791

2,422,528,221 1,784,362,291

OPERATING EXPENDITUREStaff Costs 215,764,186 207,957,691 Casual laborers 7,440,000 13,736,280 Office Costs 42,959,793 52,235,440 Printing and Stationery 16,674,130 23,653,640 Water and Electricity expenses 8,761,930 7,092,611 Communication expenses 30,725,878 24,675,407 Internet expenses 7,971,450 9,026,410 AGM Expenses 215,317,420 255,439,462 Half AGM Expenses 154,894,138 189,693,458 Council meeting Costs 25,337,495 21,294,195 Committee meeting Costs 19,546,424 19,493,108 Travel and Hotel Accommodation 52,516,229 40,532,269 TLS Directory and Journals Expenses 0 15,166,720 Audit Fees 4,500,000 4,500,000 Consultancy charges 11,940,000 12,229,000 Dues and Subscription 8,636,828 8,999,204 Professional Fees and Insurance 143,750 6,327,551 Software expenses 0 9,196,800 Motor vehicle expenses 2,599,720 3,413,280 Generator and Fuel expenses 1,711,280 3,217,820 Generator repairs and maintenance 1,270,000 0 Revaluation expenses 0 1,500,000 New Advocates Admission Ceremony 10,010,740 12,735,200 Newspapers and Periodicals 503,850 707,750 Staff Medical expenses 19,274,800 18,049,252 Staff welfare 8,406,543 21,350,550 Land rent and rates 535,212 0 Staff Training 5,247,000 570,000 Transport expenses 3,030,032 539,000


Repairs and maintenance 4,198,280 1,721,300 Computer repairs and maintenance 2,440,080 0 Cleanliness expenses 762,500 0 Constitutional review expenses 0 2,831,000 Security expenses 20,441,058 16,042,000 Bank Charges 2,432,168 2,015,817 Advertising and Publicity 5,762,993 16,042,670 CLE Expenses 91,227,320 55,798,450 Projects Costs 0 507,260,704 BEST project Costs 37,259,105 0 LSF Project Costs 284,223,886 0 LSRP Project Costs 582,699,596 0 PWD Project Costs 16,778,000 0 SAJCEA project Costs 44,294,000 0 FORD project Costs 10,282,980 0 Chapter expenses 2,750,000 1,811,000 Legal Aid expenses 0 49,642,670 Donation 0 527,800 Office expenses 3,506,400 1,356,920 Depreciation 2 59,534,890 48,155,101

TOTAL OPERATING EXPENDITURE 2,044,312,084 1,686,537,530 SURPLUS FOR THE YEAR 15 378,216,137 97,824,762 Less: Prior Year Adjustments 0 49,300,603

378,216,137 48,524,159

ACCUMULATED SURPLUS BROUGHT FORWARD

292,113,353 243,589,194

ACCUMULATED SURPLUS CARRIED FORWARD 670,329,489 292,113,353


----------------------- -------------------------- PRESIDENT HON. TREASURER

---------------------------- DATE

17/02/2014

Annual Report 32


A STATEMENT OF CHANGES IN CAPITAL AND GENERAL RESERVESFOR THE YEAR ENDED 31ST DECEMBER, 2013

Particulars Capital General Accum.

Fund

Revaluation Reserve

Surplus/ (Deficit) Accum.

Total

Fund Accum. Fund

Reserve (Deficit) Accum.

TZS TZS TZS TZS TZS

Balance as at 01.01.2013 1z,910,000 867,812 374,525,837 292,113,353 669,417,002

Additions 0 0 0 378,216,137 378,216,137BALANCE AS AT 31.12.2013 1,910,000 867,812 374,525,837 670,329,489 1,047,633,138


----------------------- ---------------------------- ----------------------- PRESIDENT DATE HON. TREASURER

17/02/2014



CASH FLOW STATEMENT FOR THE YEAR ENDED 31ST DECEMBER, 2013

2012 2012

CASH FLOW FROM OPERATING ACTIVITIES TZS TZSSurplus / (Deficit) for the Year 378,216,137 48,524,159 Adjustments for Items not Involving Movement of Cash:- Prior Year Adjustments 0 Depreciation 59,534,890 48,642,199 Cash Flow from Operating Activities Before Changes in Working Capital 437,751,027 97,166,358

WORKING CAPITAL CHANGES (Increase)/Decrease in Debtors 32,657,002 25,234,298 Increase/(Decrease) in Subscriptions Received in Advance 50,014,000 (37,888,500)Increase/(Decrease) in Creditors and Accrued Expenses (146,100,766) 145,632,754 Increase/(Decrease) in DAT EALS Fund Contributions Payable 3,307,500 (1,780,000)NET INCREASE/(DECREASE) IN WORKING CAPITAL (60,122,264) 131,198,552

NET CASH FLOW FROM OPERATING ACTIVITIES (A) 377,628,763 228,364,910

CASH FLOW FROM INVESTING ACTIVITIES

Additions to Capital Work in Progress 621,000,000 (50,000,000)Acquisition of Non-Current Assets and Software (720,793,669) (97,722,468)Net cash flow investing activities (B) (99,793,669) (147,722,468)

CASH FLOW FROM FINANCING ACTIVITIES Increase /(Decrease) in Revaluation Reserve 0 0 BEST Two Grant 0 1,572,778 Contributions – Construction of LAAC 113,108,000 153,152,589 BEST Grant 0 0 Canadian Bar Association 0 4,449,565 Legal Sector Reform Programme 0 (36,999,541)NET CASH FROM FINANCING ACTIVITIES (C) 113,108,000 122,175,391

Total Net Cash flows (A + B + C) 390,943,095 202,817,833 CASH AND CASH EQUIVALENTS AS AT 1ST JANUARY 503,593,917 300,776,084

CASH AND CASH EQUIVALENTS AS AT 31ST DECEMBER 894,537,012 503,593,917 NOTES 1 TO 14 FORM PART OF THESE ACCOUNTS

---------------------- ----------------------PRESIDENT HON. TREASURER ---------------------- DATE

17/02/2014

Annual Report 34


NOTES TO THE ACCOUNTS

NOTE 1: ACCOUNTING CONVENTION

1.1 Basis of Accounting

The financial statements are prepared under the historical cost convention modified when necessary to include revaluation of non-current assets.

1.2 Income

Members’ subscription income is accounted for on cash basis. However, members’ subscriptions paid in advance are recognized as income in the accounting period to which they relate.

1.3 Depreciation

Depreciation is calculated on a reducing balance basis over the expected useful lives of the assets concerned. The following are the rates used to calculate depreciation and they are consistent with the ones applied in previous years:

Particular Rate p. a

Land and Building 5% Furniture and Fittings 12.5% Library Books 12.5% Machinery and Equipment 12.5% Computers 37.5% Motor Vehicles 25%

1.4 Foreign Currency Transaction

Foreign currency transactions are translated using the exchange rate ruling on the transaction date. All monetary items at the yearend are translated at the prevailing rates on that date.


TAN

GA

NYI

KA L

AW S

OCI

ETY

NO

TE 2

:M

OV

EMEN

TS O

F FI

XED

ASS

ETS

PART

ICU

LARS

Land

Furn

itur

eM

otor

Vehi

cles

Libr

ary

Bo

oks

Mac

hine

ry a

nd

Equi

pmen

tCo

mpu

ters

Acc

ounti

ng

Pack

age

TOTA

Lan

d a

nd

Build

ing

Fitti

ngs

TZS

TZS

TZS

TZS

TZS

COST

Ope

ning

Bal

ance

01

.01.

2013

0 45

,410

,026

57,6

46,8

5721

,897

,200

58,3

46,9

4948

,097

,639

3,89

6,78

023

5,29

5,45

1

Add

ition

s 71

1,10

8,66

9 7,

900,

000

0 0

0 1,

785,

000

72

0,79

3,66

9Ba

lanc

e A

s A

t 31

.12.

2013

711,

108,

669

53,3

10,0

2657

,646

,857

21,8

97,2

0058

,346

,949

49,8

82,6

393,

896,

780

956,

089,

120

DEP

RECI

ATIO

N

Ope

ning

Bal

ance

01

.01.

2013

0 20

,348

,642

14,4

11,7

1415

,578

,967

27,6

91,7

9041

,167

,486

801,

735

120,

000,

334

Char

ge fo

r th

e Ye

ar35

,555

,433

4,

120,

173

10,8

08,7

8678

9,77

93,

831,

895

3,26

8,18

21,

160,

642

59,5

34,8

90

Bala

nce

As

At

31.1

2.20

1335

,555

,433

24,4

68,8

1525

,220

,500

16,3

68,7

4631

,523

,685

44,4

35,6

681,

962,

377

179,

535,

224

NET

BO

OK

VALU

E A

S AT

31.1

2.20

1367

5,55

3,23

628

,841

,211

32,4

26,3

575,

528,

454

26,8

23,2

645,

446,

971

1,93

4,40

377

6,55

3,89

6

NET

BO

OK

VALU

E

AS

AT 3

1.12

.201

20

19,3

41,4

8543

,235

,143

3,59

6,78

127

,003

,685

4,43

5,33

23,

095,

045

100,

707,

471

Annual Report 36

NOTE 3: INTANGIBLE ASSETS

Intangible assets included in the accounts comprise software purchased by the

society during the period under review as follows:

2013 2012

TZS. TZS.

a) Accounting Package 3,593,926 3,593,926 b) Antivirus Software 302,854 302,854

3,896,780 3,896,780 Less: Accumulated Depreciation 1,962,377 801,735

Net Balance 1,934,403 3,095,045

NOTE 4: WAKILI HOUSE PROJECT – TSHS. 711,778,764

This constitutes the revalued cost of acquisition of property atplot No. 391 Chato Street, Regent Estate – Kinondoni, Dar es Salaam and architect fees in preparation for construction of Wakili House and renovation costs.The total costs has been capitalized in this year of income following beginningof utilization of the premises.

NOTE 5: DEBTORS 2013 2012 TZS TZS

Prepaid Insurance 5,402,210 0 AAR prepaid Medical expenses 3,806,464 0 Prepaid Rent 0 41,482,280 Accounts Receivables 0 0

LSF Debtors 0 1,000,000

Staff Loans 1,094,117 477,513 TOTAL 10,302,791 42,959,793

NOTE 6: CASH AND BANK BALANCES

Legal Sector Reform Programme (LSRP) 0 3,345,384 Best Funds 3,452,519 0 TLS Chapter and Committee Funds 8,033,847 8,033,847 Exim Bank 45,214,853 1,261,070 CRDB Bank – Current 77,854,559 134,432,476 Wakili House - Current 36,763,889 167,105,889 ECObank Tanzania Ltd 277,586,719 183,657,757 Barclays bank-LAAC Account 243,000,000 0 CRDB Bank - FORD 144,701,520 0 CRDB Bank - PWD 4,340,300 0 Petty Cash 53,500 3,500 TLS CRDB – USD 600 4,462,544 4,118,544 TLS CRDB – USD 602 3,415,888 1,128,300

M. PESA 45,656,873 507,149

TOTAL 894,537,012 503,593,916


NOTE 7: CAPITAL FUND – TSHS. 1,910,000

The amount is made up of contributions made as initial capital when theTanganyika Law Society was formed in 1955.

NOTE 8: REVALUATION RESERVE – TSHS. 374,525,837

(1) The Society’s library books were revalued as at 31st December, 2005 by F. K. Law Chambers on the basis of current market values. The resultant surplus on revaluation of TZS. 25,714,974 was credited to the revaluation reserve account. During the year to 31.12.2006 a number of library books worth TZS. 10,286,000 and for which a total provision for depreciation of TZS. 3,395,184 had been accumulated were disposed of. The revaluation reserve was consequently reduced to TZS. 18,824,158.

(2) The Society Commissioned the valuation of the property for Wakili House Project which was done by M/s Nyange Associates as at 31 December 2011. The total valuation amounted to TZS. 571,000,000 resulting to a revaluation surplus of TZS. 355,701,679 that has been credited to the Revaluation reserve account.

NOTE 9: CANADIAN BAR ASSOCIATION GRANT – TSHS. 39,597,871

Strengthening access to Justice for Children and Youth in East Africa (SAJCYEA) is a project implanted in Kenya, Uganda and Tanzania and supported by the Canadian Bar Association (CBA) and the Canadian International Development Agency (CIDA). The board objective of the program is to strengthen access to justice for children and youth in east Africa through collaboration with respective bar association in East Africa and relevant partners in government and civil society. It is a four years project implemented in Tanzania Mainland, Kenya and Uganda from 2013 to 2017, however implantation began with preparation phase from January to April 2013

During the year a total of TZS. 84,135,383 was received from CBA; as at 31st December 2013 there was a balance of TZS. 39,597,871 remaining in the account after deducting expenses worth TZS. 45,798,281 as shown below.

2013 2012 TZS TZS

Opening Balance 1,260,769 (3,189,095)Receipts 84,135,383 81,432,705

85,396,152 78,243,610 Less: Payments (Expenses) 0 0 Project Supporting Expenses 45,798,281 76,982,841 CASH BALANCE AT EXIM BANK 39,597,871 1,260,769

Annual Report 38

NOTE 10: LEGAL SECTOR REFORM PROGRAM TSHS. 3,452,320

The Legal Sector reform Program (LSRP) is aimed at reforming the legal sector by institutionalizing mechanisms to ensure speedy dispensation of justice make justice accessible to all, enhance the independence of the judiciary, establish a legal and regulatory framework and raise the standards of Tanzania jurisprudence. The main schedule of activities includes establishing a legal aid network, which will centralize the co-ordination of the Provision of legal aid services in the country. The activities which were financed by the grant and its balance at the end of the are shown below:

2013 2012 TZS TZS

Receipts from GovernmentReceipts 730,452,000 290,385,271 Opening Balance January 1, 2013 3,345,384 40,344,925

- -Other Receipts 15,880,000 0

749,677,384 330,730,196 Less: Expenditure 746,224,865 327,384,812 CASH BALANCE 31.12.2013 3,452,520 3,345,384

However, since July 2012 this project has been taken over by Legal Aid Secretariat, a coordinating office of legal aid activities established by the Government through Ministry of Constitutional and Legal Affairs in collaboration with Legal Aid Providers (LAPs). As LAS was not a legal entity TLS remained custodian of their account until December 2013 when LAS opened its bank account. In this regard therefore, next year TLS will be no longer be custodian of the accounts.

NOTE 11: BEST TWO GRANTS

Opening Balance 82,149,336 82,149,336 Receipts 0 0 Less: Payments (Expenses) 0 0 BALANCE ON 31ST DECEMBER, 2013 82,149,336 82,149,336

NOTE 12: CREDITORS AND ACCRUALS

PPF Fund 1,202,375 0 13th Salaries 3,914,005 0 Mandari & Co. - Audit Fees 4,500,000 4,500,000 Telephone 1,417,100 0 Other Creditors 90,000 0 CLE traveling-VERA International travel 904,500 0 Spice Hotel - LA day 0 3,000,000


Water & Electricity 0 848,459 ESRF- Website host 0 393,600 Chattles Envents Services 0 84,000 Tanzania Exhibition Furn. Supp- LA 0 3,537,500 Togo Systematic - LA day 0 3,500,000 KIM Audiovisual Services - LA day 0 2,520,000 Quality Photo Zone- LA day 0 18,550,000 Comm. For human right & GG- LA 0 3,300,300 Mariam Matui-Loan Board Deductions 0 956,038 ABC Travel & Tours Ltd 0 158,000 Interline Travel & Tours Ltd 0 5,357,120 Mwananchi Communication 0 1,940,000 Airtel 0 5,815,293 Zantel 0 978,100 Sunry creditors 0 78,842,093 AICC for AGM - 2012 0 23,848,243 TOTAL 12,027,980 158,128,746

NOTE 13: DECEASED ADVOCATE TRUST FUND CONTRIBUTIONS

The Society collects its member’s contributions to the Deceased Advocate Fund and remits the same to the Fund from time to time. The TZS. 5,533,000 of such collection had not been remitted to DATF AS AT 31st December 2013.

NOTE 14: LEGAL SERVISES FACILITY

In July 11, a development cooperation agreement, the Tanzania Governance Support Programme 2011-2015, was signed between Tanzania and Denmark. Under the legal aid basket fund in the name of Legal Service Facility with overall objective of promoting and protect human rings for all, particularly for poor women, children and men and vulnerable people living with HIV/AIDS. The balance as at December 31, 2013 was as here under.

2013 2012 TZS TZS

Receipts from LSFOpening balance 183,657,757 0 Receipts 349,822,158 192,000,000 Other Receipts 0 0

533,479,915 192,000,000 Less: Expenditure 255,893,196 8,342,243

CASH BALANCE 31.12.2013 ECO BANK 277,586,719 183,657,757

NOTE 15: OVERALL SURPLUS FOR THE YEAR 378,216,137

LESS: SURPLUS FROM PROJECTSRECEIPTSBEST project 0 LSF Project 349,822,158 LSRP Project 730,452,000 PWD Project 21,118,300 SAJCEA project 84,135,383

Annual Report 40

FORD project 154,984,500

TOTAL PROJECT RECEIPTS 1,340,512,341

EXPENDITUREBEST project 37,259,105 LSF Project 284,223,886 LSRP Project 582,699,596 PWD Project 16,778,000 SAJCEA project 44,294,000 FORD project 10,282,980

TOTAL PROJECT EXPENDITURE 975,537,567

EXCESS OF PROJECT RECEIPTS OVER EXPENDITURE 364,974,775

TLS SURPLUS INCOME OVER EXPENDITURE 13,241,363

The surplus of income over expenditure for Tanganyika Law Society is only TZS. 13,241,363 out of TZS. 378,216,137. The balance of TZS. 364,974,775 belong to various projects which has pending activities to be completed.

NOTE: 16. FORD FOUNDATION

The Government of Tanzania, through the Head of State, has committed itself in making sure that a new Constitution is in place before 2015.

However, the common Tanzanian citizens are not well informed and prepared to air out their opinions so that a citizens’ driven constitution is put in place. Further, the major public outcry has been how local and common people can be effectively engaged and led to have their long thirsty of having a supreme law of the land that safeguards their interests.

This concern has made TLS, under her mandate and obligation to the public at large, to come up with a strategy on how to make its membership and common people, mostly rural communities to effectively engage in the process by building their confidence and capacity, and therefore full participate in the constitutional review processes from opinion airing to the referendum.

In support of TLS idea, September 2013 The Ford Foundation agreed to extend financial contribution of US$ 100,000 (Tzs 154,984,500), specifically to mobilize various constituents for participation in the constitutional review process.

Some payments for project activities were made during the year under review as shown below:-

Opening balance NilReceipts 154,984,500Less: Payments 10,282,980 Balance (31.12.2013) 144,701,520


APPENDIX: 1

BUDGET PROPOSAL : 2014 CODE NO. NOTES TOTAL 1.0 TOTAL REVENUE 1,401,532,165.80 1.1 Members Subscriptions Fee 1 1,080,000,000.00 1.2 CLE Fees: 2 223,500,000.00 AGM CLE Fees 65,000,000.00 HAGM CLE Fees 60,000,000.00 Other CLE 98,500,000.00 1.3 Projects 3 78,032,165.80 LSF 23,543,545.80 FORD FOUNDATION 38,800,000.00 SAJCEA 15,688,620.00 1.4 Others, eg Sponsorship 4 20,000,000.00 2.0 TOTAL EXPENDITURE 1,348,315,434.42 2.1 SECRETARIAT ADMINISTRATIVE EXPENSES 5 108,935,600.00 Audit fees 5,000,000.00 Solid waste Disposal 1,080,000.00 Printing & Stationery 15,000,000.00 TLS office equipment Insurance 1,000,000.00 Drinking water 720,000.00 Computer maintance 1,800,000.00 Electricity 5,160,000.00 Generator Fuel 2,580,000.00 Water (DAWASCO) 3,000,000.00 Security 24,000,000.00 Office Newspaper 1,800,000.00 Motor Vehicle fuel 4,800,000.00 Motor Vehicle Repair & maintanance 1,800,000.00 Kitchen Stuff 3,700,000.00 Advertising 5,000,000.00 Bank Charges 5,000,000.00 Telephone , Fax & Postage 1,920,000.00 Air time 3,249,600.00 Internet Charges 12,000,000.00 Website hosting 326,000.00 Other Expenses 10,000,000.00 Salaries 6 271,102,680.00 Annual General Meeting 7 298,047,400.00 Half Annual General Meeting 8 180,332,233.33

Annual Report 42

2.2 MEMBERS SERVICES 147,605,500.00 CLE 110,740,500.00 Bulk SMS 12,000,000.00 Posters and Stickers 4,000,000.00 CLE Committee 480,000.00 Ethics Committee 960,000.00 Other Meetings 3,425,000.00 Admission Ceremony 16,000,000.00

2.3 LEGAL AID 500000.00 Media Campaigns and Advocate training, Purchasing of Legal Aid Unit Television and DVD, Printing of leaflets

25,000,000.00

Training on drafting and mediation to Legal Aid Unit Staff at Kampala 5,000,000.00

Transport facilitation for Advocate whilst attending cases/representing clients

12,000,000.00

Strategic cases on Legal Aid thru research on violation of HR ( Research to be conducted on areas of Gender, HIV/AIDS, PWDS on access to Justrice and HR violation

3,000,000.00

Grand awareness campaighns in conjuction Commission of Human Rights and Good Governance, Ministry of Constituion and Legal Affairs and Gender NGOs

2,000,000.00

Two strategic litigation cases per year 3,000,000.00

2.4 Improve Strategic Collaborations and Alliances 59,919,598.01

meeting 20 participants, Conference package Tzs 57,000, accomodation for 5upcountry participants Tzs120,000, DSA 5upcountry participants Tzs 100,000

2,240,000

Committee member from EAC Committee 4,595,598

Networking 42,644,000

TLS Membership fees to other associations 10,440,000

2.5 Institutional Capacity Building 139,572,423.08

Professional & Consultancy fees 5,000,000.00

Internal Audit 3,000,000.00

Staff Membership fees 1,675,500.00

Staff Training & Capacity Building 25,000,000.00

Staff Retreat 15,000,000.00

Health Insurance for staff 22,000,000.00

Council Meetings 26,296,923.08

Induction Seminar for New Committee Members 30,000,000.00

Non Current Assets 11,600,000.00


2.6 Improve Legal Knowledge, Policy Analysis, Research and Advocacy 92,800,000 Researches (3Researches p.a) 21,000,000 East Affrica Cummunity Committee 12 seatings 1,440,000 Standing Law Committee 12 seatings 1,440,000 Policy, Research and Publication Committee (12 seatings) 1,440,000 Strategic Networking Visits/Engagement with EAC and SADCLA (3 Visits) 6,000,000 Journals-3000 Copies (2 Issues p.a) 20,000,000 Wakili Bulletin (1500 copies p.a) 7,000,000 Press Release (3PR) 1,200,000 Printing Calendars (1500pcs) 1,800,000 Amendment of TLS and Advocates Acts 8,000,000 Develop a Research and Advocacy Policy 5,000,000 4 Policy and Legislative Engagement Forums 7,480,000 Printing Wheel Covers (150pcs) 6,000,000 Resource Centre 5,000,000

3.0 SURPLUS/(DEFICIT) 53,216,731

CODE NO. NOTES TOTAL

Annual Report 44

Tanganyika Law SocietyPlot 391, Chato Street, Regent Estate

P. O. Box 2148, Dar es SalaamTel: +255 22 2775313 | Fax: +255 22 2775314

E-mail: [email protected]

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