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
NOTICE OF THE 2014 ANNUAL GENERAL MEETING
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:
3.
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.
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: -
6.
(i)
The Annual Report of the Council of the Tanganyika Law Society.
(ii)
The Audit Report for the Financial Year 2013.
To receive for noting:
(i) A report from the TLS Representatives to the Council for Legal Education;
(ii)
ii
A report from the TLS Representative to the Advocates Committee.
The Tanganyika Law Society Governing Council
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
Annual Report
iii
Table of Contents
1.0. INTRODUCTION................................................................................................................ 1
1.1 Staffing...................................................................................................................1
2.0. MEMBERSHIP ISSUES.................................................................................................... 2
2.1. Departed Colleagues..................................................................................................... 2
2.2. Suspension of Practicing Certificate............................................................................ 2
2.3 Admission of New Advocates..................................................................................3
3.0. 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 ................................................................7
4.1. 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
iv
The Tanganyika Law Society Governing Council
7.2.Field Attachment at the Law Society of South Africa (LSSA) and the Law Society
of the Northern Province (LSNP)................................................................................................ .....12
7.3.Pan African Lawyers Union Training on Advocacy...........................................................12
7.4.Training on Fund Raising and Donor Management..........................................................12
7.5.Training on Human Rights................................................................................................12
8.0. PROJECTS AND PROGRAMS..................................................................................................12
8.1.Upgrading Paralegal Training Manual and Monitoring of Paralegal trainings Project.....................12
8.2.Access to Justice for Persons with Disabilities Project.....................................................13
8.3.Probono Advocates Project..............................................................................................13
8.4.Supporting Access to Justice for Children and Youth in East Africa (SAJCEA)...............13
8.5.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)....................15
9.3.Challenging the Constitutionality of the Election of Uncontested Candidates.....................15
9.4.Challenging the Laws Revision Act............................................................................................15
10.0
APPOINTMENT AND PRESENTATION ......................................................................15
10.1
Appointments .............................................................................................................15
10.2. Representation of TLS in other Bodies.........................................................................16
11.0. FINANCE AND ADMINISTRATION.................................................................................17
11.1. Introduction...................................................................................................................17
11.2. Year 2013 Budget.........................................................................................................17
11.3. Proposed Budget for the Year 2014..............................................................................20
11.4. Legal Aid and Advocacy Centre (LAAC) Project...........................................................22
11.5. TLS House at Chato Street...........................................................................................23
11.6. Legal Aid and Advocacy Centre (LAAC) Project Fund..................................................23
11.7. Fixed Deposit Account..................................................................................................24
11.8. TLS Website (www.tls.or.tz)..........................................................................................24
12.0. CHALLENGES, SUCCESS AND RECOMMENDATIONS...............................................24
12.1. Challenges................................................................................................................................. 24
12.2. Success...................................................................................................................................... 24
12.3. Recommendations................................................................................................................... 25
13.0. YEAR 2013 AUDIT REPORT...........................................................................................26
APPENDIX: 1...................................................................................................................41
Annual Report
v
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
IBAInternational Bar Association
vi
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
The Tanganyika Law Society Governing Council
THE HONOURABLE GOVERNING COUNCIL MEMBERS
Mr. Francis K. Stolla
President Mr. Peter Kibatala
Vice-President
Mr. Addo Mwasongwe
Council Member
Mr. Anthony Mavunde
Council Member
Annual Report
Mr. Edson J. Mkisi
Honorary Treasurer
Dr. Natujwa Mvungi
Council Member
Mr. Peter Hellar
Council Member
Mr. Zephrine Galeba
Council Member
Mr. Godwin Musa
Council Member
Mr. Erasto Lugenge
Council Member
vii
Dear Learned Colleagues,
Mr. Francis K. Stolla
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.
viii
The Tanganyika Law Society Governing Council
FOREWORD FROM
THE PRESIDENT
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
Annual Report
ix
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.
Mr. Alphonce Gura
“…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.
x
The Tanganyika Law Society Governing Council
FROM THE DESK OF
THE CHIEF EXECUTIVE OFFICER
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 Gura
Ag. Chief Executive Officer
February, 2014
Annual Report
xi
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.
Date
Year
2014
F. Stolla
P. Kibatala
E.
Mkisi
06.4.13
01.6.13
06.7.13
27.7.13
13.11.13
15.01.14
21.01.14
24.01.14
TOTAL
P
P
P
P
P
P
P
P
100%
P
AP
P
P
P
P
P
P
88%
P
AP
P
AP
P
P
P
P
75%
Staffing:
A. Mwasongwe G. Mussa
P
P
P
P
P
P
P
P
100%
P
AP
P
P
P
P
P
P
88%
N. Mvungi
A.
Mavunde
P.
Hellar
Z. Galeba
E.
Lugenge
P
P
P
P
AP
P
P
P
88%
P
P
P
P
AP
P
P
P
88%
P
P
P
P
P
P
P
P
100%
P
P
P
AP
P
AP
P
AP
63%
P
AP
P
AP
P
P
P
P
75%
P = Present
AP = Apology
The TLS Secretariat consists of the following ten full-time staff:
1.
Mr. Alphonce Gura – Ag. Chief Executive Officer
2.
Mr. John Mwang’ombola – Finance and Administration Manager
3.
Ms. Maraim Othman – Programme Officer, Member Services
4.
Mr. Stephen Msechu – Programme Officer, Policy Research and Publication
5.
Mr. Benedict Bagiliye – Programme Coordinator, Strengthening of Access to Justice for Children in Eastern Africa
6.
Mr. Selemani Pingoni – Monitoring and Evaluation Officer
7.
Ms. Rehema Bigge –Administrator
8.
Ms. Sylvia Lubuva – Administration Assistant/ Receptionist
9.
Mr. Eliyuko Jonathan – Messenger
10.
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 Officer
ii.
Programme Officer – Legal Aid
iii.
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.
1
The Tanganyika Law Society Governing Council
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 Colleagues
The following Advocates passed away between February 2013 and February 2014:1. Claude A. K. Mlambo, Roll no. 845; Died on 10th March, 2013
2. Nyaga Paul Mawalla, Roll no. 862; Died on 22nd March, 2013
3. Mtotela Matumula, Roll no. 761; Died on 02nd April, 2013
4. Ernest Mwaipopo, Roll no. 1624; Died on 03rd April, 2013
5. Michael Wambali, Roll no. 440; Died on 04th April, 2013
6. Augustino Naali, Roll no. 675; Died on 20th April, 2013
7. Elias Kitwala, Roll no. 893 Died on 26th April, 2013
8. Samuel O. Komba, Roll no. 609; Died on 27th April, 2013
9. Damian Senyoni, Roll no. 2904; Died on 20th June, 2013
10. Buxton D. Chipeta, Roll no.900; Died on 16th July, 2013
11. Felician B. Mahatane, Roll no. 337; Died on 27th July, 2013
12. Nasir H. Rattansi, Roll no. 895; Died on 20th August, 2013
13. Israel Hitler Mulaga Magessa, Roll no. 519; Died on 04th September, 2013
14. Hilary J. Mkatte, Roll no. 433; Died on 30th October, 2013
15. Sengondo Edmund Adrian Mvungi, Roll no. 469; Died on 12th November, 2013
16. PriyaVadan Madhavji Majitha, Roll no.207 ; Died in November, 2013
17. George Bakari Liundi, Roll no. 388; Died on 13th January, 2014
18. 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. 2633
2.
Daniel J. Mono, Roll no. 744
3.
Gloria G. Rwakubarila, Roll no. 2823
4.
Monica A. Hokororo, Roll no.2552
5.
Rehema Msekwa, Roll no. 2649
6.
Alicia John, Roll no. 2158
7.
Magdalena Sylister, Roll no. 1615
8.
Emmanuel Kawishe, Roll no. 2363
9.
Hollo S. Kazi, Roll no. 2192
10.
Elizabeth Mkunde, Roll no. 2554
11.
Rajab J. Mdee, Roll no. 1898
12.
Geofrey Mlagala, Roll no. 2813
13.
Moyo Violet Ndonde, Roll no. 798
14.
Brenda N. Massawe, Roll no. 1939
15.
Elisante G. Masaki, Roll no. 2809
16.
Grace Y. Muwanga, Roll no. 2848
17.
Hanifa Massawe, Roll no. 1637
18.
Juma Abubakari, Roll no. 1505
19.
Apollo E. Laizer, Roll no. 1513
20.
Bryson Simon Paul, Roll no. 3194
21.
Fortunatus Muhalila, Roll no. 2814
22.
Selina Kapange, Roll no. 2476
23.
Donald L. Chidowu, Roll no. 2926
24.
Felister Mosha, Roll no. 2545
25.
Esther Martin, Roll no. 2852
26.
Janeth Magoho, Roll no. 2802
Annual Report
2
27.
28.
Crispin T. Meela, Roll no. 1465
Fatima E. Idrissu, Roll no. 755
2.3.
Admission of New Advocates
Between 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 Program
Tanganyika 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 Seminars
Between 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
Dr. Kennedy
Gastorn
1.
22nd and 23rd
February 2013
(AGM)
Cross Border Legal Practice:
Prospects and Challenges.
Dodoma
1123
Mr. Vincent O.
Oluoch
Prof. Bernard
Twinomugisha
3
2.
01st March 2013
Litigation: How to Prepare the
Memorandum of Appeal before
the Court of Appeal.
Dar es Salaam
3.
15th March 2013
Mortgage Financing.
Moshi
4.
22nd March 2013
Enforcing Foreign Judgments
and Arbitral Awards before the
Tanzania High Court.
Tanga
5.
12th April 2013
Drafting Commercial
Agreements.
Mwanza
111
64
35
66
Dr. Angelo
Mapunda
Dr. Hawa Sinare
Dr. Frederick
Ringo
Mr. Charles
Rwechungura
The Tanganyika Law Society Governing Council
6
19 April 2013
Labour Law: Preparing Labour
Contracts in line with Labour
Laws of Tanzania and providing
clients with Labour Advice.
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 2013
Intellectual Property Rights in
Tanzania: Anatomy of the Legal
and Institutional Framework.
Dar es Salaam
110
Dr. Eliamani
Laltaika
10.
28th June 2013
Salient Features of Public
Procurement Act, 2011 and the
Way Forward.
Tabora
16
Mr. Erick Frank
Ringo
11.
10 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 2013
Competition 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
528
Constitution
Committee
members
16.
18th October 2013
Commercial Court Rules
Arusha
91
Hon. Robert
Makaramba
17.
01st November
2013
Litigation Procedures before the
Public Procurement Regulatory
Authority
Mwanza
76
Mr. Hamis Tikka
th
th
Mbeya
58
Mr. Alex
Mgongolwa
SAHCA trainers
18.
06th – 08th
November 2013
Practical Advocacy skills for
lawyers
Dar es Salaam
100
Mr. Goodluck
Chuwa
Mr. Beatus
Malima
19.
22nd November
2013
Project Financing
Moshi
74
Mr. Charles
Rwechungura
20.
29th November
2013
Intellectual Property: Dispute
settlement in trademark practice
Mbeya
29
Dr. Saudin
Mwakaje
92
Dr. Deo Nangela
21. 06th December 2013
Annual Report
Competition: Handling Client in
Dar es Salaam
Competition matters
4
22.
23.
Mr. Charles
Rwechungura
10th December
2013*
Nuts and Bolts of Staring Legal
Practice, Managing of Clients’
account and professional Ethics
for Advocates
Dar es Salaam
17th January, 2014
Enforcement of Foreign Arbitral
Awards
Tanga
308
Mr. Jotham
Lukwaro
221
Dr. Alex
Nguluma
*- CLEs organized for new admitted Advocates.
3.3.
CLE Accreditation
During 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 Points
Each 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.
5
The Tanganyika Law Society Governing Council
3.5.
CLE Income and Expenditure
In 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
REGION
PAX
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
0608.11.2013
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
1,850
99,755,000
99,791,583
- 36,583
TOTAL
Annual Report
INCOME
EXPENDITURE
EXCESS INCOME/
DEFICIT
DATE
6
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.
7
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.
The Tanganyika Law Society Governing Council
TABLE 1: A summary of the Legal Aid Briefs handled by the Legal Aid Unit between 7th January 2013
and 31st July 2013
SUMMARY
Months
Unfair
termination/
terminal
benefits/ social
security
Land
Probate/
Accident Maintenance/
Gender Based
administration claims
Divorce/
Violence
of estates
Separation/
Matrimonial
Property/
Custody of
Children
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): 132
Granted court representation: 58
4.2.
Legal Aid Policy and Procedures
The 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.
Annual Report
8
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 herebelow.
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.
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.
6.2.
9
The Tanganyika Law Society Governing Council
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 Committee
The 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 and
Developing 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 submission
Commenting in writing on the ratification of the East African Protocol on Cooperation in Defense Affairs.
6.4.
The Ethics Committee
The 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) Committee
TLS 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; and
iii. Accredited other CLE’s organized outside of the Tanganyika Law Society.
6.6.
The Constitution Committee
The 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.
Annual Report
10
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 Committee
The 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 Committee
During 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 Committee
The 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.
11
7.0.
INTERNATIONAL ENGAGEMENTS AND NETWORKING
7.1.
Participation in the International Fora
The 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
The Tanganyika Law Society Governing Council
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 Advocacy
On 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 Management
From 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 Project
The 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
Annual Report
12
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 Project
TLS 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 Project
The 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
13
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
The Tanganyika Law Society Governing Council
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
Annual Report
14
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 Candidates
Tanzanian 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 Act
This 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.
15
The Tanganyika Law Society Governing Council
10.2. Representation of TLS in other Bodies
TLS 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
1.
Mr. Francis Stolla
2.
Mr. Kamara Mpaya
Governing Board of the Law
School of Tanzania
Advocates Committee
3.
Mr. Issa Maige
Council for Legal Education
4.
Mr. Colman Ngalo
Mr. Joseph Mpuya
5.
Ms. Maria Kashonda
6.
7.
Council of Dar es Salaam Stock
Exchange
Trustee of Tanzania Law Reports
DATE/YEAR OF DATE/YEAR OF
APPOINTMENT
EXPIRY
2011
2014
2010
February, 2014
2007
2014
March, 2008
2007
No Limit
Mr. Francis Stolla
2006
Until Completion
of the Project
Dr. Ringo Tenga
Mr. Damas Ndumbaro
2006
No Limit
2007
No Limit
2011
2014
2012
2013
Civil Justice Technical Working
Group (CJTWG) Under Law
Mr. Charles Rwechungura Reform Commission
Coalition on a Campaign for
Freedom of Information Law in
Mr. Deusdedit Simbakalia Tanzania
8. Mr. Silvanus Mlola
Commercial
Court
Users
Committee.
Mr. Lugano Mwandambo
Council Members of the East
9. Mr. Albert Msando
Africa Law Society
Mr. Francis Stolla
10. Ms. Regina Sinamtwa
Council Members, SADC LA
Mr. Addo Mwasongwe
11. Dr. Alex Nguluma
12. Mr. Julius K. Bundala
Ms. Georgina Mulebya
13. Mr. Julius K. Bundala
Member of the Practical Legal
Training
and
Examination
Committee of the Law School of
Tanzania
National Criminal Justice Forum
14. Mr. Julius K. Bundala
Task Force Committee For
Alternative Dispute Resolution
Tax Revenue Appeals Tribunal
15. Ms. Fatma Karume
Commercial Court Rules
16. Ms. Francis Stolla
TRA Stakeholders Forum
17. Mr. Godwin Mussa
Labour
Division,
Committee
Mr. Waziri Mchome
18. Ms. Asina Omari
Annual Report
October, 2008
No Limit
4 August, 2009
2012
Users
2013
No limit
Board of the Institute of Judicial
Administration
2013
2016
16
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 BUDGET
In 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
INCOME
Budget
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
1,136,926,903
1,068,267,579
EXPENDITURE
Advertising Expenses
Audit fees
Telephone , Fax & Postage
Bank Charges
Bulk Sms
4,924,493
4,500,000
4,500,000
15,456,000
17,598,673
3,000,000
2,432,168
10,500,000
13,127,205
Chapters Expenses
Computer maintance and Consumables
17
Actual
2,750,000
1,800,000
2,440,080
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
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
960,000
503,850
20,000,000
16,384,755
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
Health Insurance for staff
Office Newspaper
Other Expenses
Printing & Stationery
Annual Report
18
Solid waste Disposal
360,000
762,500
1,810,923
5,247,000
694,886
143,750
Transport Allowance
2,930,032
Travel and Accomodation Expenses
7,087,338
3,600,000
2,951,930
150,000
388,800
20,120,000
34,557,769
510,000,000
370,211,558
16,680,000
100,000
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
10,000,000
10,010,740
5,200,000
1,785,000
77,835,045
13,748,301
Staff Training & Capacity Building
TLS office equipment Insurance
Office Water
Website hosting
Council and Committee Meetings
General Meetings
Legal Aid Unit
Research, Publications and Advocacy
New Advocates Admission Ceremony
Capital Expenditure
SURPLUS
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.
19
The Tanganyika Law Society Governing Council
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
1
Members Subscriptions
2
CLE Fees
3
4
TOTAL
Amount
Percentage
1,080,000,000
77%
223,500,000
16%
Projects contributions
78,032,166
6%
Other
20,000,000
1%
1,401,532,166
100%
i)Subscriptions
It 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
Annual Report
20
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;
ii)
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
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:-
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
21
NOTE: Detailed budget is shown in Appendix: 1
92,800,000
The Tanganyika Law Society Governing Council
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:
•
It can be put into use in a very short time
•
It will give TLS time to organize its finance and build the new office building in the future.
Disadvantages
•
Office space might not be enough to meet the current and near future office requirements
•
Since the building was initially a residential building, the office layout might not be as per modern
offices.
Option 2:
Constructing the proposed building by going into partnership with a private developer.
This option is based on the following premises:
•
The Government will allocate land to TLS to construct the LAAC building at no cost to TLS.
•
TLS will enter into a partnership agreement with real estate developer in which case the developer
will construct offices which will accommodate TLS and leave enough space rent out to other customers.
•
The developer will operate the building for agreed number of years and then the ownership will be
transferred to TLS thereafter.
Advantages
•
There will be no financial pressure on TLS for construction of the office building
•
Gives TLS an opportunity to own a state of the art building (investment) in the long run
•
TLS will get a spacious office for its operations
Disadvantages
•
It depends on how quick the government is going to allocate land to TLS.
•
Will take time before the building ownership goes to back to TLS.
Option 3
Using the bank loan to construct the office building (5 years repayment period – with one year grace period)
Annual Report
22
This option is based on the following premises.
• It is estimated the building will cost Tshs 2,542,428,000
• The land will be used as security for the loan.
• Loan will attract 18% interest rate.
• The loan to be repaid over six years (5 years from year two allowing 1 year grace period which will be
used for construction).
• Total revenue of TZS 258m is expected to be collected per annum as oppose to bank loan repayment
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.
•
It will cost Tshs 2,542,428,000 to construct a new building
•
The land will be used as security for the loan.
•
Loan will attract 18% interest rate
•
The loan will be repaid over 10 years (10 years from year two allowing 1 year grace period which will be used for construction)
•
A total revenue of TZS 258m is expected to be collected per annum as oppose to bank loan repayment 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 STREET
11.6
LAAC PROJECT FUND
While 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).
As 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
14.03.2011
249967
Consultancy fee-Assessing financing
options
3,500,000
14.02.2012
249969
Preparations of architectural drawings
for LAAC Project building
50,000,000
05.04.2013
249970
Consultancy fee-Preparation of business
plan for LAAC project
5,000,000
Bank charges
Total
23
Payments
626,700
Tzs 59,126,700
The Tanganyika Law Society Governing Council
11.7
FIXED DEPOSIT ACCOUNT
So 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’ Database
In 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 calendar
iv) 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.Challenges
During 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.Success
TLS 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.
Annual Report
24
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.Recommendations
The 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.
25
The Tanganyika Law Society Governing Council
13.0 YEAR 2013 AUDIT REPORT
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.
17/02/2014
------------------------------------------------FRANCIS STOLLA
DATE
PRESIDENT
TANGANYIKA LAW SOCIETY
Annual Report
26
TANGANYIKA LAW SOCIETY
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, FTAA
MANAGING PARTNER
MANDARI AND COMPANY
CERTIFIED PUBLIC ACCOUNTANTS
DAR ES SALAAM
12/02/2014
DATE: ----------------------------------
27
The Tanganyika Law Society Governing Council
TANGANYIKA LAW SOCIETY
A STATEMENT OF FINANCIAL POSITION AS AT 31ST DECEMBER 2013
ASSETS EMPLOYED:
NON-CURRENT ASSETS
Land and Buildings
Furniture and Fittings
Library Books
Machinery and Equipment
Computers
Motor Vehicles
TOTAL FURNITURE AND EQUIPMENT
NOTE
2
2013
TZS
675,553,236
28,841,211
5,528,454
26,823,264
5,446,971
32,426,357
774,619,492
2012
TZS
0
25,061,384
6,318,233
30,655,159
6,930,153
43,235,143
112,200,072
INTANGIBLE ASSET
Accounting Package
Less: Accumulated Depreciation
3
CAPITAL WORK IN PROGRESS
Wakili House Project
Total Non-Current Assets
4
0
776,553,896
621,000,000
736,295,117
5
6
10,302,791
894,537,012
904,839,803
1,681,393,698
42,959,793
503,593,916
546,553,709
1,282,848,826
7
1,910,000
867,812
374,525,837
670,329,489
1,047,633,138
1,910,000
867,812
374,525,837
292,113,353
669,417,002
338,890,589
9,969,000
1,260,770
3,345,384
82,149,336
435,615,079
217,451,589
18,300,000
1,260,770
3,345,384
82,149,336
322,507,079
CURRENT ASSETS
Debtors and Prepayments
Cash and Bank Balances
TOTAL ASSETS
RESERVES AND LIABILITIES
Capital and General Reserves
Capital Fund
General Accumulated Fund
Revaluation Reserve
Surplus/(Deficit) Accumulated
Total Capital and General Reserves
8
3,896,780
(1,962,377)
1,934,403 0
3,896,780
(801,735)
3,095,045
Deferred Grants and Contributions
Contributions towards Construction of LAAC
LAAC Contribution received in Advance
CBA Grant – Canadian Bar Association
LSRP Grant
BEST Two Grant
Total Deferred Grants
Annual Report
9
10
11
28
Current Liabilities
Subscriptions Received in Advance
Creditors and Accrued Expenses
DAT Fund Contributions Payable
EALS Subscription Payable
Total Current Liabilities
TOTAL RESERVES AND LIABILITIES
12
13
179,972,000
12,027,980
5,533,000
612,500
198,145,480
1,681,393,698
129,958,000
158,128,746
2,589,000
249,000
290,924,746
1,282,848,827
NOTES 1 TO 14 FORM PART OF THESE ACCOUNTS
-------------------------PRESIDENT
---------------------------HON. TREASURER
17/02/2014
------------DATE
29
The Tanganyika Law Society Governing Council
TANGANYIKA LAW SOCIETY
A STATEMENT OF COMPREHENSIVE INCOME AND EXPENDITURE
FOR THE YEAR ENDED 31ST DECEMBER, 2013
INCOME
Members’ Contributions
CLE Income
AGM CLE Income
Donations for AGM
Law Journals, Directory and ID Sales
Other Sources of Income
Projects receipts
OPERATING EXPENDITURE
Staff Costs
Casual laborers
Office Costs
Printing and Stationery
Water and Electricity expenses
Communication expenses
Internet expenses
AGM Expenses
Half AGM Expenses
Council meeting Costs
Committee meeting Costs
Travel and Hotel Accommodation
TLS Directory and Journals Expenses
Audit Fees
Consultancy charges
Dues and Subscription
Professional Fees and Insurance
Software expenses
Motor vehicle expenses
Generator and Fuel expenses
Generator repairs and maintenance
Revaluation expenses
New Advocates Admission Ceremony
Newspapers and Periodicals
Staff Medical expenses
Staff welfare
Land rent and rates
Staff Training
Transport expenses
Annual Report
NOTE
2013
TZS
858,164,746
190,651,724
0
0
33,199,410
1,340,512,341
2,422,528,221
2012
TZS
798,209,500
216,335,200
0
0
0
19,710,800
750,106,791
1,784,362,291
215,764,186
7,440,000
42,959,793
16,674,130
8,761,930
30,725,878
7,971,450
215,317,420
154,894,138
25,337,495
19,546,424
52,516,229
0
4,500,000
11,940,000
8,636,828
143,750
0
2,599,720
1,711,280
1,270,000
0
10,010,740
503,850
19,274,800
8,406,543
535,212
5,247,000
3,030,032
207,957,691
13,736,280
52,235,440
23,653,640
7,092,611
24,675,407
9,026,410
255,439,462
189,693,458
21,294,195
19,493,108
40,532,269
15,166,720
4,500,000
12,229,000
8,999,204
6,327,551
9,196,800
3,413,280
3,217,820
0
1,500,000
12,735,200
707,750
18,049,252
21,350,550
0
570,000
539,000
30
Repairs and maintenance
Computer repairs and maintenance
Cleanliness expenses
Constitutional review expenses
Security expenses
Bank Charges
Advertising and Publicity
CLE Expenses
Projects Costs
BEST project Costs
LSF Project Costs
LSRP Project Costs
PWD Project Costs
SAJCEA project Costs
FORD project Costs
Chapter expenses
Legal Aid expenses
Donation
Office expenses
Depreciation
TOTAL OPERATING EXPENDITURE
SURPLUS FOR THE YEAR
Less: Prior Year Adjustments
4,198,280
2,440,080
762,500
0
20,441,058
2,432,168
5,762,993
91,227,320
0
37,259,105
284,223,886
582,699,596
16,778,000
44,294,000
10,282,980
2,750,000
0
3,506,400
59,534,890
2,044,312,084
378,216,137
0
378,216,137
1,721,300
0
0
2,831,000
16,042,000
2,015,817
16,042,670
55,798,450
507,260,704
0
0
0
0
0
0
1,811,000
49,642,670
527,800
1,356,920
48,155,101
1,686,537,530
97,824,762
49,300,603
48,524,159
ACCUMULATED SURPLUS BROUGHT
FORWARD
292,113,353
243,589,194
ACCUMULATED SURPLUS CARRIED FORWARD
670,329,489
292,113,353
0
2
15
NOTES 1 TO 14 FORM PART OF THESE ACCOUNTS
----------------------PRESIDENT
-------------------------HON. TREASURER
17/02/2014
---------------------------DATE
31
The Tanganyika Law Society Governing Council
TANGANYIKA LAW SOCIETY
A STATEMENT OF CHANGES IN CAPITAL AND GENERAL RESERVES
FOR THE YEAR ENDED 31ST DECEMBER, 2013
Particulars
Capital
Fund
TZS
Balance as at
01.01.2013
Additions
BALANCE AS
AT 31.12.2013
General
Accum.
Fund
Accum.
Fund
TZS
Revaluation
Reserve
Reserve
TZS
Surplus/
(Deficit)
Accum.
(Deficit)
Accum.
TZS
Total
TZS
1z,910,000
0
867,812 374,525,837
0
0
292,113,353
378,216,137
669,417,002
378,216,137
1,910,000
867,812 374,525,837
670,329,489 1,047,633,138
NOTES 1 TO 14 FORM PART OF THESE ACCOUNTS
----------------------PRESIDENT
Annual Report
17/02/2014
---------------------------DATE
----------------------HON. TREASURER
32
TANGANYIKA LAW SOCIETY
CASH FLOW STATEMENT FOR THE YEAR ENDED 31ST DECEMBER, 2013
2012
CASH FLOW FROM OPERATING ACTIVITIES
Surplus / (Deficit) for the Year
Adjustments for Items not Involving Movement of Cash:Prior Year Adjustments
Depreciation
Cash Flow from Operating Activities Before Changes in
Working Capital
2012
TZS
378,216,137
TZS
48,524,159
0
59,534,890
48,642,199
437,751,027
97,166,358
32,657,002
50,014,000
(146,100,766)
3,307,500
(60,122,264)
25,234,298
(37,888,500)
145,632,754
(1,780,000)
131,198,552
377,628,763
228,364,910
621,000,000
(720,793,669)
(99,793,669)
(50,000,000)
(97,722,468)
(147,722,468)
CASH FLOW FROM FINANCING ACTIVITIES
Increase /(Decrease) in Revaluation Reserve
BEST Two Grant
Contributions – Construction of LAAC
BEST Grant
Canadian Bar Association
Legal Sector Reform Programme
NET CASH FROM FINANCING ACTIVITIES (C)
0
0
113,108,000
0
0
0
113,108,000
0
1,572,778
153,152,589
0
4,449,565
(36,999,541)
122,175,391
Total Net Cash flows (A + B + C)
CASH AND CASH EQUIVALENTS AS AT 1ST JANUARY
390,943,095
503,593,917
202,817,833
300,776,084
CASH AND CASH EQUIVALENTS AS AT 31ST DECEMBER
NOTES 1 TO 14 FORM PART OF THESE ACCOUNTS
894,537,012
503,593,917
WORKING CAPITAL CHANGES
(Increase)/Decrease in Debtors
Increase/(Decrease) in Subscriptions Received in Advance
Increase/(Decrease) in Creditors and Accrued Expenses
Increase/(Decrease) in DAT EALS Fund Contributions Payable
NET INCREASE/(DECREASE) IN WORKING CAPITAL
NET CASH FLOW FROM OPERATING ACTIVITIES (A)
CASH FLOW FROM INVESTING ACTIVITIES
Additions to Capital Work in Progress
Acquisition of Non-Current Assets and Software
Net cash flow investing activities
(B)
---------------------PRESIDENT
17/02/2014
---------------------HON. TREASURER
---------------------DATE
33
The Tanganyika Law Society Governing Council
TANGANYIKA LAW SOCIETY
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:
ParticularRate p. a
Land and Building5%
Furniture and Fittings 12.5%
Library Books12.5%
Machinery and Equipment12.5%
Computers 37.5%
Motor Vehicles25%
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.
Annual Report
34
35
The Tanganyika Law Society Governing Council
AS AT 31.12.2012
NET BOOK VALUE
31.12.2013
Balance As At
31.12.2013
NET BOOK VALUE AS AT
Opening Balance
01.01.2013
Charge for the Year
DEPRECIATION
COST
Opening Balance
01.01.2013
Additions
Balance As At
31.12.2013
PARTICULARS
NOTE 2:
19,341,485
28,841,211
675,553,236
0
24,468,815
43,235,143
32,426,357
25,220,500
10,808,786
4,120,173
35,555,433
35,555,433
14,411,714
0
57,646,857
20,348,642
7,900,000
53,310,026
711,108,669
711,108,669
57,646,857
Motor
Vehicles
0
45,410,026
Furniture
and
Fittings
TZS
0
Land
and
Building
MOVEMENTS OF FIXED ASSETS
TANGANYIKA LAW SOCIETY
3,596,781
5,528,454
16,368,746
789,779
15,578,967
0
21,897,200
27,003,685
26,823,264
31,523,685
3,831,895
27,691,790
0
58,346,949
58,346,949
TZS
TZS
21,897,200
Machinery and
Equipment
Library
Books
4,435,332
5,446,971
44,435,668
3,268,182
41,167,486
1,785,000
49,882,639
48,097,639
TZS
Computers
3,095,045
1,934,403
1,962,377
1,160,642
801,735
3,896,780
3,896,780
Accounting
Package
100,707,471
776,553,896
179,535,224
59,534,890
120,000,334
720,793,669
956,089,120
235,295,451
TZS
TOTAL
NOTE 3:
INTANGIBLE ASSETS
Intangible assets included in the accounts comprise software purchased by the
society during the period under review as follows:
a) Accounting Package
b) Antivirus Software
Less: Accumulated Depreciation
Net Balance
NOTE 4:
2013
2012
TZS.
TZS.
3,593,926
302,854
3,896,780
1,962,377
1,934,403
3,593,926
302,854
3,896,780
801,735
3,095,045
WAKILI HOUSE PROJECT – TSHS. 711,778,764
This constitutes the revalued cost of acquisition of property at
plot 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 beginning
of utilization of the premises.
NOTE 5:
DEBTORS
Prepaid Insurance
AAR prepaid Medical expenses
Prepaid Rent
Accounts Receivables
LSF Debtors
Staff Loans
TOTAL
NOTE 6:
2012
TZS
5,402,210
3,806,464
0
0
0
0
0
41,482,280
0
1,000,000
1,094,117
10,302,791
477,513
42,959,793
0
3,452,519
8,033,847
45,214,853
77,854,559
36,763,889
277,586,719
243,000,000
144,701,520
4,340,300
53,500
4,462,544
3,415,888
3,345,384
0
8,033,847
1,261,070
134,432,476
167,105,889
183,657,757
0
0
0
3,500
4,118,544
1,128,300
45,656,873
507,149
894,537,012
503,593,916
CASH AND BANK BALANCES
Legal Sector Reform Programme (LSRP)
Best Funds
TLS Chapter and Committee Funds
Exim Bank
CRDB Bank – Current
Wakili House - Current
ECObank Tanzania Ltd
Barclays bank-LAAC Account
CRDB Bank - FORD
CRDB Bank - PWD
Petty Cash
TLS CRDB – USD 600
TLS CRDB – USD 602
M. PESA
TOTAL
Annual Report
2013
TZS
36
NOTE 7:
CAPITAL FUND – TSHS. 1,910,000
The amount is made up of contributions made as initial capital when the
Tanganyika 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
TZS
Opening Balance
Receipts
Less: Payments (Expenses)
Project Supporting Expenses
CASH BALANCE AT EXIM BANK
37
1,260,769
84,135,383
85,396,152
0
45,798,281
39,597,871
2012
TZS
(3,189,095)
81,432,705
78,243,610
0
76,982,841
1,260,769
The Tanganyika Law Society Governing Council
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
TZS
Receipts from Government
Receipts
Opening Balance January 1, 2013
Other Receipts
Less: Expenditure
CASH BALANCE 31.12.2013
730,452,000
3,345,384
15,880,000
749,677,384
746,224,865
3,452,520
2012
TZS
290,385,271
40,344,925
0
330,730,196
327,384,812
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
Receipts
Less: Payments (Expenses)
BALANCE ON 31ST DECEMBER, 2013
NOTE 12:
82,149,336
0
0
82,149,336
82,149,336
0
0
82,149,336
1,202,375
3,914,005
4,500,000
1,417,100
90,000
904,500
0
0
0
4,500,000
0
0
0
3,000,000
CREDITORS AND ACCRUALS
PPF Fund
13th Salaries
Mandari & Co. - Audit Fees
Telephone
Other Creditors
CLE traveling-VERA International travel
Spice Hotel - LA day
Annual Report
38
Water & Electricity
ESRF- Website host
Chattles Envents Services
Tanzania Exhibition Furn. Supp- LA
Togo Systematic - LA day
KIM Audiovisual Services - LA day
Quality Photo Zone- LA day
Comm. For human right & GG- LA
Mariam Matui-Loan Board Deductions
ABC Travel & Tours Ltd
Interline Travel & Tours Ltd
Mwananchi Communication
Airtel
Zantel
Sunry creditors
AICC for AGM - 2012
TOTAL
NOTE 13:
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
12,027,980
848,459
393,600
84,000
3,537,500
3,500,000
2,520,000
18,550,000
3,300,300
956,038
158,000
5,357,120
1,940,000
5,815,293
978,100
78,842,093
23,848,243
158,128,746
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.
39
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 LSF
Opening balance
183,657,757
0
Receipts
349,822,158
192,000,000
0
0
Other Receipts
533,479,915
192,000,000
255,893,196
8,342,243
Less: Expenditure
277,586,719
183,657,757
CASH BALANCE 31.12.2013 ECO BANK
NOTE 15:
OVERALL SURPLUS FOR THE YEAR
378,216,137
LESS: SURPLUS FROM PROJECTS
RECEIPTS
BEST project
LSF Project
LSRP Project
PWD Project
SAJCEA project
0
349,822,158
730,452,000
21,118,300
84,135,383
The Tanganyika Law Society Governing Council
FORD project
TOTAL PROJECT RECEIPTS
154,984,500
1,340,512,341
EXPENDITURE
BEST project
LSF Project
LSRP Project
PWD Project
SAJCEA project
FORD project
TOTAL PROJECT EXPENDITURE
37,259,105
284,223,886
582,699,596
16,778,000
44,294,000
10,282,980
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 balanceNil
Receipts154,984,500
Less: Payments 10,282,980
Balance (31.12.2013) 144,701,520
Annual Report
40
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
41
The Tanganyika Law Society Governing Council
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
2.4
2.5
LEGAL AID
Media Campaigns and Advocate training, Purchasing of Legal Aid Unit
Television and DVD, Printing of leaflets
500000.00
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
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
Institutional Capacity Building
Professional & Consultancy fees
139,572,423.08
5,000,000.00
Internal Audit
3,000,000.00
Staff Membership fees
1,675,500.00
Staff Training & Capacity Building
Staff Retreat
25,000,000.00
15,000,000.00
Health Insurance for staff
Council Meetings
22,000,000.00
26,296,923.08
Induction Seminar for New Committee Members
30,000,000.00
Non Current Assets
11,600,000.00
Annual Report
42
CODE NO. NOTES TOTAL
43
2.6
Improve Legal Knowledge, Policy Analysis, Research and Advocacy
Researches (3Researches p.a)
East Affrica Cummunity Committee 12 seatings
Standing Law Committee 12 seatings
Policy, Research and Publication Committee (12 seatings)
Strategic Networking Visits/Engagement with EAC and SADCLA (3 Visits)
Journals-3000 Copies (2 Issues p.a)
Wakili Bulletin (1500 copies p.a)
Press Release (3PR)
Printing Calendars (1500pcs)
Amendment of TLS and Advocates Acts
Develop a Research and Advocacy Policy
4 Policy and Legislative Engagement Forums
Printing Wheel Covers (150pcs)
Resource Centre
92,800,000
21,000,000
1,440,000
1,440,000
1,440,000
6,000,000
20,000,000
7,000,000
1,200,000
1,800,000
8,000,000
5,000,000
7,480,000
6,000,000
5,000,000
3.0
SURPLUS/(DEFICIT)
53,216,731
The Tanganyika Law Society Governing Council
Annual Report
44
Tanganyika Law Society
Plot 391, Chato Street, Regent Estate
P. O. Box 2148, Dar es Salaam
Tel: +255 22 2775313 | Fax: +255 22 2775314
E-mail: [email protected]
www.tls.or.tz