O F F I C E O F T H E A T T O R N E Y G E N E R A L ( D I S C H A R G E O F DUTIES) ACT, 2005

ARRANGEMENT OF SECTIONS

Section Title

P A R T I

PRELIMINARY PROVISIONS

1. Short title and commencement . 2 . Applicat ion. 3 . Interpretation.

PART n

OFFICE OF THE ATTORNEY GENERAL

4 . Adminis t ra t ion of the Office. 5. At torney General and his functions. 6. Powers o f t h e Attorney General . 7. Depu ty Attorney General and his functions. 8. Dut ies of the Offices of the Attorney General . 9. Appoin tment or employment of officers.

PART m FUNCTIONS OF THE OFFICE OF THE ATTORNEY GENERAL

(a) Special Provisions in Relation to the Director of Public Prosecutions

10. Functions and powers of the Director of Public Prosecutions. 11. Rela t ionship o f t h e Director of Public Prosecutions and

At torney General .

(b) Provisions in Relation to the Matters of Legal Nature

12. Draft ing and Publicat ion of Bills. 13. Supervis ion of the Attorney General of the functions under

section 8. 14. Discharge of duties of civil nature and consti tutional

nature .

PART TV

T H E ATTORNEY-GENERAL AND OTHER LEGAL OFFICERS IN THE

PUBLIC SERVICE

15. Provis ion regarding legal officers and officers in Government . 16. Funct ions to b e performed b y persons qualified in law. 17. Audience by Attorney General in matters of public interest, etc.

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PART V

LEGAL FUNCTIONS OF THE LOCAL

GOVERNMENT AUTHORITIES

18. Appoin tment of a L a w Officer for local government authorities.

PART VI

CONTROL OF THE PERFORMANCE OF FUNCTIONS

AND THE DISCHARGE OF DUTIES OF THE

ATTORNEY GENERAL

19. Reserve of matters to the Attorney General . 20 . Procedure of sourcing consultancy. 2 1 . Power to issue directives and practice notes . 22 . Reference of matter for opinion of the Attorney General . 2 3 . Opinion o f the Attorney General t o be a position of the Government.

PART VII

RECRUITMENT AND C O D E OF ETHICS FOR LEGAL OFFICERS

24. Qualif ication for employment and appointment of L a w Officers and State Attorneys.

2 5 . Appoin tment of Officers in Government to be State Attorney. 26 . Register of L a w Officers and State Attorneys. 27 . C o d e of Ethics. 28 . Sanctions for breach of the Code of Ethics. 29 . Regula t ions .

PART VIII

CONSEQUENTIAL AMENDMENTS

30 . Amendment of the Advocates Act, Cap . 3 4 1 . 3 1 . Amendment of the Local Government (District) Authorities Act,

1982. 3 2 . Amendmen t of the Local Government (Urban) Authori t ies Act,

1982.

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SCHEDULE

CODE OF ETHICS AND PROFESSIONAL CONDUCT FOR

LAW OFFICERS, STATE ATTORNEYS AND LEGAL OFFICERS

IN THE PUBLIC SERVICE

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N o . 4 OF 2005

1 A S S E N T ,

President

An Act to provide for the discharge of duties and the exercise of powers of the Attorney General, and to provide for the relationship ofthe Office ofthe Attorney General with other public offices and officers performing legal functions in the Government and local government authorities and to provide for related matters.

[ • ]

ENACTED by Parliament of the Uni ted Republic of Tanzania.

PART I

PRELIMINARY PROVISIONS

1.-0) This Act may be cited as the Office of the Attorney General (Discharge of Dut ies) Act , 2005 .

(2 ) This Act shall come into operat ion on such date as the Minis ter may, by not ice in the Gazette, appoint .

Short title and commence­ment

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Applica- 2. This Act shall apply to persons who perform or discharge legal t l 0 n functions in the Office of the Attorney General and other offices in the

public service who, by virtue or nature of their j o b description are required to seek or consult for legal advice from the Office of the Attorney General.

Interpreta- 3 . In this Act, unless the context requires o t h e r w i s e -

tion " A c t " means the Office of the Attorney General (Discharge of Duties) Act , 2005 ;

"Adminis t ra tor Genera l" for the purpose of this Act means the person discharging the functions stipulated under subsection (2) of section 8 and includes an officer discharging those functions on h i s behalf,"

"At torney Genera l " 1ias the meaning ascribed to it under Art ic le 59 of the Consti tut ion, and shall include, the Deputy Attorney General , L a w Officers and State At torneys when discharging the duties or exercis ing the powers o f t h e Attorney-General ;

"Code of Eth ics" means the Code of Ethics for Law Officers, State At torneys and Legal Officers in the public service;

" C o n s t i t u t i o n " m e a n s the Cons t i tu t ion of the Uni t ed Repub l i c o f Tanzania, 1977;

"Cour t " means a court of law and includes a tribunal; "Deputy Attorney Genera l" has the meaning ascribed to it under Article

59A of the Consti tution; " invest igat ive o rgans" as used in this Act , means the Pol ice Force,

P reven t ion o f Cor rup t ion Bureau , Tanzania Revenue Author i ty , Immigration Department and other Government agencies charged with

Cap. 1 the functions of detect ing cr imes; " L a w Officer" has the mean ing ascribed to it under the Interpretation

of Laws Act; " legal officer" means a ho lder o f a duly recognized degree in law

employed in the public service, o ther than the Office of t h e At torney Genera l and includes a sol ici tor;

"Minis te r" means the Minister responsible for legal affairs; "Office of the Attorney General" in relation to the functions o f the Attorney

General, means the Office established by Article 59( 1) of the Constitution; "public service" for the purpose of the discharge of the duties o f the Office

o f the Attorney General , means the service in the Ministry of the Government , Government Departments and Government Agencies;

"Sta te At torney" means a person appointed as such under sectons 24 or 25 of this Act; a s such pursuant to the provisions of th is Act and includes, a Parl iamentary Draftsman.

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PART II OFFICE OF THE ATTORNEY GENERAL

4 . The administrat ion of the Office of the Attorney General , the Administra-discharge of duties , the exercise of the powers and the relat ionship of the Office o f t h e Attorney General wi th other officers discharging legal duties in the public service shall be governed by this Act.

5 . - ( l ) The At torney General shall be the head o f t h e Office o f t h e At torney General .

( 2 ) The Attorney General shall, by virtue o f hi roff ice , be the head of the bar and shall take precedence in court in all matters whenever he appears .

(3) The provisions of subsection (2) shall apply in relation to the Depu ty Attorney General , L a w Officers and State Attorneys appearing in cour t on behalf o f the Attorney General .

6. In the discharge o f t h e functions under sub-article (3) o f Article 59 o f the Consti tution, the Attorney General shall have and exercise the fol lowing powers :

(a) to appear at any stage o f any proceedings, appeal, execution or any incidental procedings before any court or tr ibunal in which by law the At torney Genera l ' s right of audience is excluded;

(b) where a case in relation to any of the issues referred to in paragraph (a) is pending before a primary court, the Attorney General, a Law Officer or a State Attorney may file a certificate in the court requiring it to transfer the matter to the District Court with competent jurisdiction for further directions;

(c) t o require any officer in the public service to furnish any information in relation to any matter which is the subject of legal advice;

(d) to summon any officer in the public service to explain any matter which is the subject of litigation by or against the Government ;

Attorney General and his functions

Powers ofthe Attorney General

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(e) to issue directions t o any officer performing legal functions in any Ministry of the Government , Government Depar tments or Government Agencies .

Deputy 7.—(1) The Deputy Attorney General shall carry out any function, Attorney discharge any duty and exercise any power as may be directed by the General At torney General and shall: and his functions ( a ) be the adminis t ra t ive head of the Office of the At torney

General ; (b) take up and conduct litigation on behalf of the Attorney General

and for t ha t p u r p o s e , t o d i rec t L a w Off icers a n d S ta te Attorneys w h o conduc t litigation on that behalf;

(c) carry out the general supervisory role of legislative drafting of Bil ls and other legislative instruments;

(d) carry out the general supervision of L a w Officers and State Attorneys;

(e) administer legal functions performed by Law Officers and State Attorneys in the Office of the Attorney General ; and

(f) be responsible for the discipline of Law Officers and State Attorneys in the Office o f the Attorney General .

(2) In performing the dut ies stipulated under this Act, the Deputy At torney General shall uphold the division o f duties and functions performed by officers in the Office of the Attorney General independent of others and those reserved to the Attorney General .

Duties 8 . - ( l ) Without prejudice to the general provisions of Articles 59, ofthe 59B of the constitution and any other provisions of th is Act, t h e duties ^ c e o f the Office o f the At torney General shall be as follows to: ofthe J

Attorney (a) perform the functions of public prosecutions in accordance G^eml wi th the Const i tut ion and any other written law;

(b) control all criminal prosecutions in the country;

( c ) draf t l eg i s la t ive p r o p o s a l s in to B i l l s for e n a c t m e n t by Parliament;

(d) advise the Government on any matter o f a civil nature including contracts , international agreements and treaties;

( e ) a d v i s e t h e G o v e r n m e n t o n a l l m a t t e r s r e l a t i n g to t h e Consti tut ion and human rights;

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(f) represent the Government in courts of law and tribunals in any suit or mat ter t o which the Government is a party or has interest;

(g) advice Government Ministr ies , Government Depar tment and other Government institution and organisation on legislative process;

(h) draft all legislative instruments and resolutions for ratification by the Nat ional Assembly;

(i) t o advise and find meaning out o f Parl iamentary enactments ; (j) per form a n y funct ion a s m a y be neces sa ry for effect ive

discharge o f the duties and the exercise of the powers of the Attorney General .

(2 ) In addit ion to the functions stipulated under subsection (1) o f this Act , the Attorney General shall peform the functions o f -

(a) the Administrator General as stipulated under the Administrator General Ordinance, the Probate and Administration Ordinance and the Trustees Incorporation Ordinance;

(b) the Registrar General as stipulated under the Births and Deaths Ordinance , L a w of Marr iage Act , 1971 and the Adopt ion Ordinance;

(c ) the Official Rece iver as s t ipulated under the Bankrup tcy Ordinance and the Companies Act, 2002; and

(d) the Publ ic Trustee as s t ipulated under the Publ ic Trustee Ordinance .

Cap. 27 Cap. 445 Cap. 375

Cap. 108 Act No. 5 of 1971 Cap. 335

Cap. 25 Cap. 212 Act No. 12 of2002

Cap. 31

9. There shall be employed or appointed in the Office of the Attorney Genera l , Ministr ies of the Government , Government Depar tments and

Appoint­ment or

Agencies , such officers of the titles explanatory of their functions and ^ j ^ f " dut ies as prescribed bylthis Act o r any other written law. officers

PART ffl

FUNCTIONS OF THE OFFICE OF THE ATTORNEY GENERAL

(a) Special Provisions in Relation to the Director of Public Prosecutions

1 0 . - ( 1 ) In addit ion to the functions stipulated under Article 59B of the Consti tut ion, the Criminal Procedure Act, 1985 or any other wri t ten

Functions and powers ofthe Director of Public prosecutions Act No. 9 of 1985

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law, the Director of Publ ic Prosecutions shall perform the following functions:

(a) to supervise:

(i) officers in the Directorate of Public Prosecutions in the discharge of prosecut ion duties;

( i i) other officers or persons w h o conduct prosecut ions on behalf of the Director o f Public Prosecutions by delegated authority or b y specific appointment;

( b ) t o c o o r d i n a t e i n v e s t i g a t i o n d u t i e s c o n d u c t e d b y t h e investigative organs;

(c) subject t o the provisions o f section 7( 1 Xe) to enforce discipline o f officers conduct ing prosecutions under the direct ions of the Director of Publ ic Prosecut ions; and

( d ) t o d o any t h i n g o r m a t t e r inc iden ta l t o t h e c o n d u c t o f prosecution.

(2 ) In the performance o f the functions stipulated in this section, the Director o f Public Prosecut ions shall have the power to:

Act No. 9 (a) delegate to any L a w Officer, State Attorney, officer employed of 1985 in the service or any other person the powers to prosecute

stipulated in the Consti tution, the Criminal Procedure Act, 1985 or any other writ ten law;

(b) call any file from any organ charged with the duty to investigate cr ime;

(c) appoint prosecutors in accordance with any other writ ten law;

(d) give directions to any officer to w h o m powers of the Director of Public Prosecut ions have been delegated; and

(e) direct investigative organs on any matter of a general or specific nature relating t o investigation of cr ime.

( 3 ) T h e D i r e c t o r o f P u b l i c P r o s e c u t i o n s sha l l r e p r e s e n t t h e Government in criminal appeals filed in the High Court and Court of Appeal .

Relation­ship ofthe 11.—(1) T h e Director o f Public Prosecutions shall have regard to Director directions of a general or specific nature as may be given by the Attorney Prosecu^ Genera l or the Deputy At torney General in relation to implementat ion tions and ° f Government policy or supervision of officers within the Directorate Attorney of Public Prosecutions. General

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(2) Nothing in this section shall be construed as abrogating or in any way limiting the powers of the Director of Public Prosecutions in relation to the control of public prosecutions.

(b) Provisions in Relation to Other Matters of Legal Nature 12.—(1) The Attorney General shall, through the Chief Parliamentary

Draftsman, define drafting instructions and exercise exclusive mandate on drafting legislative proposals into Government Bills.

(2) Where drafting instructions are received, the Chief Parliamentary Draftsman shall draft legislative proposals for approval by the Cabinet.

(3) Where the Cabinet approves the draft legislative proposals, the Chief Parliamentary Draftsman shall cause the Bill to be published in the Gazette.

(4) The term "drafting instructions" as used in this section means, directives given by the Cabinet for drafting legislative proposals into a Bill or by an authority delegated by Parliament through an enactment to make a subsidiary legislation.

13. The Attorney General shall supervise the Administrator General in the performance of the functions stipulated under subsection (2) of section 8 of this Act.

Drafting and publica­tion of Bills

Supervision ofthe Attorney General of this Functions under section 8

14. In addition to the functions stipulated under the provisions of sections 12 and 13 of this Act, the Attorney General shall perform the following functions: t4

i (a) advising the Government on civil, commercial and international

matters; (b) negotiating agreements on behalf of the Government; (c) advising the Government on Constitutional and human rights

matters; (d) representing the Government in Courts and tribunals; (e) controlling delivery of advice on matters of law to the

Government, Government Departments, and Agencies; and

of duties of civil nature and constitu­tional nature

12 N o . 4 Office ofthe Attorney General (Discharge ofDuties) 2005

(f) coord ina t ing r e p o r t i n g ob l iga t i ons t o in t e rna t iona l h u m a n rights treaty bodies to which Tanzania is a member or on any matter which member states are required to report .

Provision regarding legal officers and officers in Govern­ment

Functions to be performed by persons qualified in law

P A R T I V

THE ATTORNEY GENERAL AND OTHER LEGAL OFFICERS

IN THE PUBLIC SERVICE

15 . - (1 ) There shall cont inue in existence in Ministr ies, Government D e p a r t m e n t s and A g e n c i e s , legal officers w h o b y v i r tue o f the i r qualifications, j o b descript ion and duties, perform legal functions.

(2 ) The Attorney General shall have the power to issue directions ei ther general o r specific to any legal officer referred to in subsection (1) wi th regard to the manner of performing the legal functions within their respective places o f employment .

16.— (1) T h e functions which are , by the Constitution, this Act or by any other writ ten law, required to be performed by or on behalf of the Attorney General , may be performed b y a Law Officer or legal officer employed in the public service authorized by the Attorney General to perform the functions stipulated under subsection (2) of section 8.

(2) T h e D e p u t y At to rney Genera l may, after consu l ta t ion wi th administrative head of any Ministry, Government Department or Agency, advise the Attorney General to :

(a) appoint any person from within such Ministry, Government D e p a r t m e n t o r A g e n c y w h o p o s s e s s e s t h e r e q u i s i t e qualifications in law, to be a State Attorney; or

(b) place in the Ministry, Government Department or Agency a L a w Officer or a State Attorney w h o is ordinari ly employed in the Office o f the Attorney General .

(3 ) A person shall no t become a L a w Officer or a State Attorney only for the reason that his j o b description includes performing legal functions unless that person has been appointed or placed as such in accordance with subsection (2) .

(4) For the a v o i d a n c e o f doub t , no th ing in th is Ac t shal l ent i t le a n y officer w h o is no t qual i f ied in l aw to perform legal funct ions in t h e pub l i c se rv ice .

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17.-(1) Notwithstanding the provisions of any written law to the contrary, the Attorney General shall have the right of audience in proceedings of any suit inquiry on administrative body which the Attorney General considers-

(a) to be of public interest or involves public property; or (b) to involve the legslative, the judiciary or an independent

department or agency of the Government.

(2) In the exercise of the powers vested in the Attorney General with regards to the provisions of subsection (1), the Attorney General shall:

(a) notify any court, tribunal or any other administrative body of the intention to be joined to the suit, inquiry or administrative proceedings; and

(b) satisfy the court, tribunal or any other administrative body of the public interest or public property involved,

and comply with any direction of the court, tribunal or any such other administrative body on the nature of pleadings or measures to be taken for purposes of giving effect to the effective discharge of the duties of the Office of the Attorney General.

(3) Where a suit, inquiry or any other proceedings is pending before the court, tribunal or any other administrative body to which the Law Officer or the State Attorney do not have a right of audience, it shall be sufficient for such Law Officer or State Attorney to file a certificate of the intention of the Attorney General to be joined and the court, tribunal or any such administrative body shall immediately forward the record of the proceedings to the nearest court, tribunal or administrative body for purposes of enabling such Law Officer or State Attorney to appear.

Audience by Attorney General in matters of public interest, etc.

PART V LEGAL FUNCTIONS OF THE LOCAL GOVERNMENT AUTHORITIES

18.-( 1) There shall continue in existence in the Ministry responsible for local government authorities, an office of a Law Officer who shall be responsible for the coordination of offices of all solicitors of the local government authorities.

(2) Where there is a need for appointing a Law Officer to head or to perform the functions referred to in subsection (1), the Deputy Attorney General may, after consultation with the Permanent Secretary of the Ministry responsible for local government authority, advise the Attorney General to appoint such officer.

Appoint­ment of a Law Officer for local govern­ment authorities

14 N o . 4 Office ofthe Attorney General (Discharge ofDuties) 2005

(3 ) Where , in pursuant to the provis ions of subsect ion (2) , the At torney General is satisfied by the need for appointment of a L a w Officer, he shall appoint a L a w Officer from among the L a w Officers or solicitors employed within the Ministry responsible for local government authori t ies o r from the Office of the Attorney General .

(4) A Law Officer appointed pursuant to the provisions of subsection (3) shall bear a title of any description that deposits the nature of the functions performed and the posit ion held, provided however, that such title is commensurate to the structure of office acceptable by the Public Service Management Office.

(5 ) In the coordination of legal functions of the local government authori t ies, the Attorney General may issue any directive o f a general or specific nature concerning professional matters and the L a w Officer shall cause such directive t o be implemented.

(6) The L a w Officer appointed in accordance with this section shall have the right of audience in any matter before the cour t in which a local government authori ty is a party.

PART VI

CONTROL OF THE PERFORMANCE OF FUNCTIONS AND THE DISCHARGE

OF DUTIES OF THE ATTORNEY GENERAL

19. N o L a w Officer, State Attorney or legal officer shall render advice in any mat ter st ipulated under this section without approval o f t h e At torney General , n a m e l y -

(a) interpretation o f t h e Consti tution; (b) any matter relat ing to international agreements and treaties; (c) any matter which the law reserves to the At torney General .

20.-{ 1) The engagement of consultants by any Ministry, Government Depar tment or Agency for rendering legal services shall be made after obtaining writ ten approval o f the Attorney General in respect of issues that require consultancy.

(2 ) For the purpose of observing standards, maintaining quality or capaci ty building, the Attorney General may-

(a) direct a Law Officer, State Attorney or any legal officer to w h o m the provis ions of th i s Act apply participate in the work of the consultant;

Reserve of matters to the Attorney General

Procedure of sourcing consul­tancy

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(b) prescribe the terms and conditions for a L a w Officer, State A t t o r n e y o r a n y l ega l off icer w h o pa r t i c ipa t e s in s u c h consultancy.

21.—(1) The Attorney General shall exercise powers , issue directives or pract ice notes to any officer t o w h o m this Act applies for the purpose o f mainta ining s tandards and uniformity.

(2) The directives or practice notes issued pursuant to the provisions o f subsect ion (1) shall be in such form and manner as t h e Attorney Genera l m a y determine .

(3 ) No twi th s t and ing the p rov i s ions o f th i s sect ion, all mat te rs regarding administrat ion or discipl ine in respect of:

(a) legal officers referred to under this Act shall be under the administrat ive control of their respective employers ;

(b) L a w Officers, State At torneys and City, Municipal , District or t o w n so l ic i to rs t o t he Min i s t ry r e spons ib l e for local government to w h o m this Ac t apply, shall be controlled by the Permanent Secretary o f that Ministry; and

(c ) legal officers shall be under the supervision and control of the Permanent Secretary or the Head of Department or Agency to which they are employed.

2 2 . - (1) Any Minister, Permanent Secretary, head of Department or Agency may refer or seek the opinion of the Attorney General on any legal matter.

(2) When the opinion of the Attorney General is requested in relation to any matter reserved to the At torney General , the Minister or the Permanent Secretary or the head o f the Department or Agency shall state clearly the matter and issues involved together with any opinion that m a y have been given from within such Ministry, Government Depar tment o r Agency. f

2 3 . - ( l ) T h e opinion of the Attorney General given pursuant to the provisions of subsection (2) of this section shall remain the legal position of the Government on the matter unless it is otherwise revised by a court of competent jur isdict ion or otherwise recalled by the Attorney Genera l at the instance of the At torney General .

(2) The Attorney General or the Deputy Attorney General may at the instance o f the At torney General recall any opinion given by a L a w Officer, a State At torney or any officer in the public service which is m a d e in the name of the Attorney General .

Power to issue directives and practice notes

Reference of matter for opinion ofthe Attorney General

Opinion ofthe Attorney General to be a position ofthe Govern­ment

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(3 ) A n officer w h o makes a decision in disregard of the opinion of the At torney General :

Act No. 7 ( a ) o n a matter that sustains loss to the Government , shall be of 1970 surcharged o r o the rwise m a d e to make good o f the loss

s u s t a i n e d in a d d i t i o n t o o the r a p p r o p r i a t e d i s c ip l i na ry measures that m a y be taken against such officer;

G.N. No. (b ) in any other case , shall be a breach of discipline and may be 168 deal t wi th according to the Public Service Regulat ions, 2003 . of 2003

PART vn RECRUITMENT AND CODE OF ETHICS FOR LEGAL OFFICERS

Qualifica­tions for employ­ment and appoint­ment of law Officers and State Attorneys

24.-( 1) Subject t o the procedure determined by the Publ ic Service Management, the Deputy Attorney General shall employ legally qualified officer in law to be a L a w Officer or a State Attorney.

(2 ) A person shall be qualified for appointment as a L a w Officer or a State Attorney w h o possesses a minimum of a first degree in law or the equiva len t qual i f icat ion from an inst i tut ion o f h igher learning accredited or recognized as such by the competent authority.

(3) Where a person takes u p employment as a L a w Officer or a State Attorney, the Attorney Genera l shall , by an instrument under his hand, appoint that person to be a L a w Officer or State Attorney, and in the same or subsequent instruments direct on the nature of functions the officer wil l discharge.

(4 ) The Deputy Attorney General shall cause to be publ ished in the Gazette, the names o f all persons appointed to be Law Officers and State Attorneys.

Appoint- 2 5 . - ( 1) The Attorney General may upon the advice o f the Deputy ment of Attorney General , appoint any legal officer in any Ministry, Government Officers in Depar tment or Agency w h o possesses requisite qualifications in law to ment to be P 6 1 ^ 0 " 1 1 m e functions o f a L a w Officer or a State Attorney. State Attorney (2 ) A person appointed to be a L a w Officer or a State Attorney

pursuant to the provisions of subsection (1) shall perform functions and discharge duties on behal f o f the Attorney General and shall closely observe directives and pract ice notes issued from t ime to t ime.

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26.—(1) There shall be a Register into which shall be entered and kept part iculars of L a w Officers and State Attorneys and other legal officers in the public service.

(2) The Deputy Attorney General shall keep and maintain the Register of the Law Officers, State Attorneys and other legal officers in public service who perform the functions in accordance with this Act.

(3) The Register shall contain names, qualifications titles and occupat ion o f each of such officers.

27.—(1) There shall b e a Code of Ethics for L a w Officers, State At to rneys and all o ther legal officers in the Ministry, Governmen t Depar tments and Agency.

(2) The provisions o f the Schedule to this Act shall constitute a Code of Ethics for L a w Officers, State Attorneys and other Legal Officers in the public service.

( 3 ) T h e D e p u t y A t t o r n e y G e n e r a l s h a l l u n d e r t h e superintendence ofthe Attorney General enforce the Code of Ethics and for that purpose, control the discipline of L a w Officers, State Attorneys to w h o m this Act apply.

(4 ) Notwi ths tanding the Publ ic Service Regulat ions, 2003 , the At torney General may make rules for enforcement of the Code o f Ethics wi th regards to professional discipline of the L a w Officers, State Attorney and other legal officers to w h o m the Code of Ethics apply.

(5 ) E a c h P e r m a n e n t Sec re t a ry and every h e a d of t h e Depar tment or Agency shall liase with the Deputy Attorney General in the administrat ion o f the Code of Ethics in respect of legal officers employed in their respective offices.

(6) The Attorfcey General m a y from t ime to t ime amend the provisions o f the Schedule to this Act.

2 8 . - ( l ) It shall be a professional misconduct for any L a w Officer, State At torney or other legal officer t o w h o m the Code o f Ethics applies to breach the Code o f Ethics .

(2) Any person w h o breaches the Code of Ethics shall be liable to discipl inary action and the Deputy Attorney General may impose any punishment prescribed under the Public Service Regulat ions, 2003 including dismissal from the service.

Register of Law Officers and State Attorneys

Code of Ethics

G.N. No. 168 of2003

Sanctions for breach of the Code of Ethics

GN No. 168 of 2003

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Regula­tions

Amend­ment of the Advo­cates Ordinance Cap. 341

Act No. 7 of 1982

Act No. 8 of 1982

Amend­ment of the Local Govern­ment (District) Aulhorities Act, No. 7 of 1982

(3) A person w h o is dismissed from the service by reason of breaching the Code o f Ethics thereby rendering himself liable for disciplinary act ion shall be stripped off by the Attorney General o f the status o f a L a w Officer or a State Attorney as the case may be.

(4) Where the breach o f the Code of Eth ics is m a d e by a legal officer e m p l o y e d ou t s ide t h e Office o f t h e At to rney General , the Deputy Attorney General may recommend to the Permanent Secretary or the head o f t h e Depar tment o r Agency concerned that appropriate disciplinary action to be taken against s u c h of f icer a n d t h e p r o v i s i o n s o f s u b s e c t i o n (3 ) sha l l accordingly apply to that legal officer.

2 9 . The Minis ter m a y make regulat ions for the better carrying out of the provis ions of this Act .

PART VIII

CONSEQUENTIAL AMENDMENTS

3 0 . T h e Advocates Ordinance is amended by deleting paragraph (c) of subsection (2) of section 3 and substituting for it the following:

(c) any person w h o is a holder of law degree and w h o is a solicitor in any District Counci l o r Township Authori ty established under the Local Government (District Authorit ies) Act, 1982 and in any city o r urban authority established under the Local Government (Urban Authori t ies) Act, 1982.

3 1 . T h e Local Government (District) Authorit ies Act, 1982 is hereby amended:

(a) in sect ion 3 , by inser t ing in t h e appropr ia te a lphabet ica l arrangement the following definition:

" "solicitor" means any person duly qualified in law employed by a local government authority to discharge legal functions and includes a n advocate engaged to represent a local government authori ty in court or t r ibunal ;"

(b ) by deleting the w o r d " L O C A L " appearing in a heading to Part VHI and substi tut ing for it the word " L E G A L " ;

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(c) by adding immediately after section 192 the following n e w section;

192A. - (1 ) Save a s is o t h e r w i s e exp re s s ly p rov ided , appearance by or on behalf of a district or township authority in any c iv i l c a se or ma t t e r in a cour t in w h i c h a local government authori ty is a party, shall be made by a solicitor authorised by a local government authority.

(2) The Director o f Publ ic Prosecution may under his hand and subject t o such condit ions, as may be specified, delegate to any solicitor the power to prosecute as stipulated in any writ ten law.

(3 ) Notwi ths tanding the provisions of subsection (1) , where a local government authori ty has not employed o r engaged a solicitor or where , with respect to any proceedings in court to which a local government authority is a party, that local government authori ty may be represented by any L a w officer, a State Attorney or a legal officer duly authorised in that behal f by the local government authority."

3 2 . The Local Government (Urban) Authorities Act, 1982 is amended:

(a) in section 3 by inserting in the appropriate alphabetical order the following definition: " "sol ic i tor" means any person qualified in law employed by a local government authori ty to discharge legal functions and includes an advocate engaged to represent a local government authority in court or t r ibunal ;"

(b ) by adding immediately after section 107 the following n e w section:

"Appea - 107A.—(1) S a v e a s is o the rwi se exp res s ly p rov ided , ranee in appearance by or on behalf of an urban authority in any civil Cour t case or mat ter in which an urban authority is a parry, shall be

made by a sol ici tor au thor i sed in that beha l f by a local Government Authority.

(2) The Director o f Public Prosecutions may delegate to a n y s o l i c i t o r p o w e r s t o p r o s e c u t e s t i p u l a t e d in t h e

"Appeara­nce in Court"

Amend­ment of the Local Govern­ment (Urban) Authorities Act, 1982

Act No. 8 of 1982

20 N o . 4 Office ofthe Attorney General (Discharge ofDuties) 2005

Consti tution, the Criminal Procedure Act, 1985 or any other writ ten law.

(3) Notwi ths tanding the provisions o f subsection (1), where a local government authori ty has no t employed or engaged a solicitor o r where , with respect to any proceedings in court to which a local government authori ty is a party, that local government authori ty m a y be represented b y any L a w Officer, a State At torney or a legal officer authorised in that behalf by the local government authority."

33. T h e Magistrates ' Cour ts Act , 1984 is hereby amended in section 18(1) by adding the fol lowing paragraph immediately be low paragraph (d):

"(e) in all proceedings in which the Attorney Genera l ' s right of audiance is excluded.

SCHEDULE

(Made under section 27)

Code o f E thics a n d P r o f e s s i o n a l C o n d u c t f o r Law Officers , S tate A t t o r n e y s a n d L e g a l Off icers i n t h e P u b l i c Service

P r e a m b l e

W h e r e a s integrity, probity and uprightness is prized quality in almost every sphere of life;

And W h e r e a s , there is a need for persons practising law or performing legal functions as State Attorneys in the Public Service to make a commitment to the society to adhere to and attain high ethical standards of conduct;

And W h e r e a s , it is desirable that the standards of conduct which a State Attorney should observe to be prescribed and published;

Now T h e r e f o r e , the Code of Ethics and Professional Conduct for Law Officers, State Attorneys and Legal Officers in the Public Service provides thus:

D e f i n i t i o n

1. In this Code of Ethics, unless the context requires otherwise -

"public service" shall mean and include the Ministry of Government, Government Department or Agency and local government authorities; and

"State Attorney" has the meaning ascribed to it under section 3 of this Act

Amend­ment of the Magis­trates Court Act 1984 Act No. 2 of 1984

N o . 4 Office of the Attorney General (Discharge ofDuties) 2005 21

A p p l i c a t i o n

2. - ( l ) This Code of Ethics shall apply to all Law Officers, State Attorneys and Legal Officers.

(2) This Code of Ethics shall be supplementary to the Public Service Regulations, 2003 and the Rules of Professional Conduct and Etiquette of the Tanganyika Law Society.

I n t e g r i t y

3.—(1) Every Law Officer, a State Attorney and a Legal Officer shall perform his functions and discharge duties with integrity.

(2) Every Law Officer, a State Attorney and a Legal Officer shall respect and comply with the laws of the land and shall conduct himself both in private and official capacities in a manner that promotes public confidence, the integrity of the Public Service, Office of the Attorney General and the legal profession.

(3) Every Law Officer, a State Attorney and Legal Officer shall not allow outside interest to compromise or in any way jeopardize the integrity of the legal professional, independence or competence.

(4) Every Law Officer, a State Attorney and Legal Officer shall at all times observe a standard of conduct that reflects credit on the legal profession and the public service and administration of justice generally.

(5) Every Law Officer, State Attorney and Legal Officer shall desist from conduct capable of drawing an impression of being involved in corruption.

H o n e s t y

4. Every Law Officer, a State Attorney and a Legal Officer shall be honest and candid when discharging official duties.

C o m p e t e n c e

5.- ( l ) Every Law Officer, a State Attorney and a Legal Officer has a duty to the Government and the public to perform functions and discharge duties in a competent manner.

(2) Every Law Officer, a State Attorney and a Legal Officer is obliged and expected to handle matters without undue delay, risk or unnecessary expense to the Government.

Q u a l i t y o f S e r v i c e

6. A State Attorney has a duty to serve the Government and the public in a conscientious, diligent and efficient manner in order to provide quality service.

C o n f i d e n t i a l i t y

7. Every Law Officer, a State Attorney and a Legal Officer has a duty to hold in strict confidence all information concerning the business and affairs ofthe Government and the public generally where the information is acquired by virtue of office and except where the disclosure is expressly or impliedly authorized by the Attorney General, or required by law.

22 N o . 4 Office oj the Attorney General (Discharge ofDuties) 2005

J u s t i c e a n d t h e A d m i n i s t r a t i o n o f J u s t i c e

8. Every Law Officer, a State Attorney and a Legal Officer has: (a) a duty to encourage public respect for justice and to uphold and try to improve

the administration of justice; (b) a duty to treat the court with candour, courtesy and respect and shall not

attempt to influence court decisions by use of deceptive or reprehensible methods;

(c) a duty to deal with other lawyers fairly, courteously and in good faith; and

(d) a duty to uphold the integrity and reputation ofthe legal profession and promoting principles of fairness, justice and honesty.

9. Every Law Officer, a State Attorney and a Legal Officer shall at all time in and outside the place of work appear in smart, proper and decent dress and behave in a manner befitting both the public service and the legal profession.

10.—(1) When conducting prosecution, a State Attorney shall: (a) act fairly and dispassionately; (b) seek justice by leading a firm, fair and credible evidence; and (c) not compromise personal interest to interest ofthe Republic.

(2) When drafting legislative proposals, a Parliamentary Draftsman shall: (a) fairly and closely interpret Government decisions; (b) advise and influence on the prudential, logical and intelligible manner of

presenting Government Policies, into Bills or subsidiary legislation; and (c) not compromise personal interest to interest of the client.

(3) When dealing in matters of probate and registration of births and deaths, the Probate Officer, shall:

(a) ensure that the best interest of the testator and survivors are fairly met; (b) when issuing birth and death certificates, have regard to the public interest

to promote peace and security by controlling immigrants; and (c) not compromise personal interest to interest of the Government.

(4) When conducting a case the Law Officer and a State Attorney shall: (a) interpret provisions of the law and decisions of the courts in good faith; (b) ensure that the best interests of the government or complainant are fairly

met; and (c) not compromise personal interest to interests of the client.

A p p r o p r i a t e P r e s e n t a t i o n a n d A t t i r e

W h e n D i s c h a r g i n g S p e c i f i c D u t i e s

Passed in the National Assembly on the 9 t h FebraaryjZOOS.

Cleri