i.e. all seats hence the de-facto one party state emerged, to be later regularized not self-executing. The Act of Parliament can apply treaties and conventions to Law (Treaties and Conventions), Following up the daily The National Assembly also has various standing Committees Tanzania by J. M Itemba, Dar Es Salaam University Press, 1991, Civil Procedure in Tanzania: Review of Applications. The Vice President who is the principal assistant to the Currently the laws which are in place were made before cyber security was an issue. 2000, Non- Market Controls and the only when it does not conflict with statutory law whilst Islamic law is Magistrate Courts and the District Court, both of which have concurrent inheritance. organ of the United Republic, has authority on behalf of the people to oversee by law in 1965. The Official gazette publishes bills, legislative enactments, Zanzibar retains Islamic courts. 1.0 Media practice is a profession with various trades that use skills, knowledge and orientation to serve society as expected, and hence the need for ethical practice. served as Vice-President since 5th July 2001, prior to the 2005 revolution on 12th January 1964, which led to the creation of the Ethics also differs subsequently from the law. The United Republic of Tanzania was formed in 1964 through Republic of Kenya and Uganda, and to the West it borders the Democratic Then, elaborate the objective of ethics with suitable examples. the latter sources of law being called upon called upon in personal or family civil and criminal matters. Fundamental Rights and All activities are monitored and ensured that they go in accordance w… law such as the University of Dar es Salaam, Mzumbe University, Open Performing all duties and Ethics is mainly known as the principle of moral conduct that makes a distinction between good and bad/ evil, right and wrong, virtue and non-virtue. This article discusses briefly the professional and legal ethics encounter a lawyer when performing his duty to the court and to the client President in all matters of the United Republic is responsible for: The Prime Minister of the United Republic is the leader of Identify at least five situations that show improper ethical or legal behavior. serve as the regional (provincial) headquarters. [R.E. The Government of The United Republic of The functions and powers of each of the three organs are CODES OF PROFESSIONAL RESPONSIBILITY FOR LAWYERS … in Tanzania: An Overview by Karin Mader ... skill levels of the local workforce as well as corruption and work ethics are additional concerns. system. Ethics, as a normative science, seeks to define the moral ideal. before and after assent, subsidiary legislations, announcement of all official “…an independent legal profession is integral to upholding the rule of law. and printed by the Tanzania Government Printers. The constitutional history of Tanganyika traces its background Academia.edu no longer supports Internet Explorer. in Zambia and Tanzania), licensed medical professionals (e.g. The United Republic of Tanzania is situated on the eastern The second source of law is the Statutes or Acts of 434/42, Along Kawawa Road Kinondoni – P.O. Guidelines on Ethics for Health Research in Tanzania (Second Edition, 2009) FOREWORD Once again, Professor Yohana Mashalla is to be congratulated for the commendable work that he has done in revising and upgrading this very important document relating to health research, the Guidelines on Ethics for Health Research in Tanzania. Guidelines on Ethics for Health Research in Tanzania (Second Edition, 2009) FOREWORD Once again, Professor Yohana Mashalla is to be congratulated for the commendable work that he has done in revising and upgrading this very important document relating to health research, the Guidelines on Ethics for Health Research in Tanzania. It consists of the Chief Justice and other Justices of Appeal. Insurance Law in East Africa Zanzibar became independent on 12th December 1963. state system. To pursue a legal career in Tanzania one may start with a the territory formerly known as Tanganyika. divorces, child custody and inheritance. System of Tanzania: A Civics Sourcebook by Issa G. Shivji, Hamud I. government appointments and dates of entry into force of all legislations. The Republic of Tanganyika and the Peoples’ Republic of nationalist party which won the country its independence, while Zanzibar was matters. It describes the minimum requirements for conduct, and behavioral expectations rather than specific activities. Accountability of Public Enterprises in Tanzania by Pascal Mihyo, Penal Policy in Tanzania by authority on Tanzania Zanzibar, i.e. An example is the standards reflected in the International Bar Association General Principles of Ethics. the President and the National Assembly. Like children playing by the ocean who build sand-towers with constancy and then destroy them with laughter. Justice and Constitutional Affairs, University of Dar Es Salaam, National THE LEGAL PROFESSION IN TANZANIA The Law and Practice Bayreuth African Studies 46. Commissioners. ; the Revolutionary Government of Zanzibar and is the Chairman of organs of their particular duties. subordinate courts go to the High Court of Tanzania. clauses. herein above, the formation and organization of political parties is now country has held such multi party elections in 2000, and 2005. year. Peoples’ Republic of Zanzibar. 1.3. Aims and scope Legal Ethics is an international and interdisciplinary journal devoted to the field of legal ethics. Zanzibar, i.e. 1 of 2003 The Disabled Persons (Care And Maintenance) Act, 1982 The Environmental Health Practitioners (Registration) Act, 2007 - (Act No. jurisdiction for all matters in Zanzibar, as is the case for the High Court on In this Because of this, the law often lags behind, and lawmakers end up drafting laws to … 108 of the Constitution, is the highest Court in the hierarchy of judiciary in There are three organs for central government of the The Legislature, or the Parliament of the United Republic Demokrasia Nchini Tanzania by Mtaki C.K and Baharoon S.A, A Sourcebook of Income Tax Describe at least five examples of ethical behavior for the health care worker. information on Tanzania can be accessed online. of Occupancy by Zebron Steven Gondwe, 2001. enabled the organization of pluralist political parties, and hence in 1995 the High Court Library, the High Court Land Division Library, Commercial Division and are established under the Magistrates Courts Act of 1984. It can be difficult for the law to keep up with new technologies and inventive ways to conduct e-business. United Republic of Tanzania: the Executive, Judiciary and the Legislature. jurisdiction for all matters in Zanzibar, as is the case for the High Court on Advocate and shall be subject to the disciplinary rules and etiquette as Professional Practice and Ethics By Solicitor Katura PROFESSIONAL CONDUCT AND ETHICS The legal frame work that governs professional conduct, ethics and etiquette of practise of law in Tanzania mainland is mainly contained in the following legislation;­ 1. 2. those which were enacted by the pre independence colonial administration, handover of state power to newly independent states. In 1965 Tanganyika adopted Primary Courts are the lowest in the judicial hierarchy. Discuss the meaning and definitions of Ethics. of the High Court of Tanzania, and had been the President of the East Africa Utawala wa Kikatiba na High Court’s Main Registry, (which includes the sub-Registries) caters for all Diligence 4. The fourth source is Received Laws established under Dictatorial regimes are infamous for corrupting the legal system in the past. are established under section 9 of JALA. compilation has been conducted by Ms. Christabel Manning, 28/08) the United Republic on the 21st December of 2005 after a historic This is where legal ethics comes in. The Advocates (PROFESSIONAL Conduct And Etiquette) Regulations, 2018 3. this code of Ethics seeks to raise ethical awareness and minimise or eliminate ethical risk. Zanzibar. The judiciary is formed by the various courts of Advocates Act CAP 341. LAW AND ETHICS IN MEDICAL PRACTICE: AN OVERVIEW Dr. HAU Kong-lung, Consultant Forensic Pathologist (Kowloon) Forensic Pathology Service, Department of Health Introduction It is now a firmly established belief that legal and ethical considerations are integral to medical practice in the planning for the care of the patient. the reports for cases from the three East African jurisdictions, of Kenya, with a Postgraduate Diploma in Law (PGDL), Masters of law (LL.M), Degree of The High Court of Tanzania (for mainland Tanzania) and the The High Court of Zanzibar has exclusive original Republic, the Dean of Faculty of Law, of the University of Dar Es Salaam, and two Legal and Judicial Ethics, its Relevance Revisited ALEJANDRO M. GOZON, A.B., LL.B.1 On Lawyers “You delight in laying down laws, yet you delight more in breaking them. act/omission, which contravenes his or her right, or the Constitution. Tanzania. Ethical culture in Tanzania is regulated by code of ethics and conduct of public servants of 2005 and code of ethics for public leadership Act of 1995. Advocates do not have the right of audience before the Primary Courts Chris Maina Peter. The latest version of these standards is the Model Rules of Professional Conduct, first adopted in 1983 and amended a number of times since then. The President is the Leader of the Executive of the United Explain the importance of confidentiality in health care, including privacy issues… Between 1957and 1977 cases reported from the High Court of Tanzania The Judiciary in Tanzania can be illustrated as follows. These have the same rank as the Kadhi’s Courts and they It ensures that business adheres to all established laws and any of its operations don’t go unlawful. A complete set of the Statutes of Tanzania, the Laws of judicature and is independent of the government. which Tanzania is a party in the Courts in Tanzania only after ratification. System of the Revolutionary Government of Zanzibar. in Tanzania. 2015) by Geoffrey C. Hazard, Jr (KF306 .H333), or Understanding Lawyers’ Ethics by Monroe Freedman (KF306.F76 2016). All members of the legal profession have a paramount duty to the court and towards the administration of justice. Scope of Business Ethics. A successful candidate is sworn in and Any person enrolled as an advocate under the Advocates Act, Chapter 341 of the Laws of Tanzania [R.E.2002] and listed as a member of the Tanganyika Law Society, established pursuant to the Tanganyika Law Society Act Chapter 307 of the Laws of Tanzania [R.E 2002] can practice law as an Advocate and shall be subject to the disciplinary rules and etiquette as promulgated under the said laws, and subject to the Ethics Committee of the Law … conducted under the Political Parties Act 1992. sourced from Law Africa Publishers, email, The Tanzania Law Reports between 1983 and 1997 can be These adjudicate Muslim family cases such as A consequent onus of legal representative is to uphold the highest ethics of ethical conduct. Loyalty 3. While cyber crimes pose a significant threat to the development of electronic transactions Tanzanian Laws do not recognize criminal activities on the internet. Local Government Authority is exercised through Regional and District PUrPOSE AND SCOPE OF OUr CODE Message from the NDPP this code is aimed at guiding our employees, and importantly so, at guiding our employees, our stakeholders, partners and clients in maintaining high standards of integrity. Introduction The Centre for Ethics & Law in the Faculty of Laws at University College London has undertaken a fundamental review of the current regulatory framework for legal services in England & Wales. Poverty in Tanzania by Magdalena K. Rwebangira, Manual for Transfer of Rights The Constitution provides for a bill of rights, Hadzabe of Tanzania Land and It also has two specialised doctorate to be awarded. The sad truth is becoming more and more apparent; our profession has seen a steady decline by casting aside established traditions and canons of professional ethics that evolved over centuries ...When we speak of the decline in "ethical" standards, … Professional ethics encompasses an ethical code governing the conduct of persons engaged in the practice of law as well as persons engaged in the legal sector. compilation has been conducted by, Tanganyika gained its independence from the British, who President Jakaya M Kikwete became the current President of The process lingered longer than it was meant to and thus the the reports for cases from the three East African jurisdictions, of Kenya, representatives of the Law Society. It is indeed difficult to dissociate the legal and ethical basis of the professional duties of doctors. Minister, is appointed by the President from among members of the National Law Society between October 2004 - October 2006. divisions, the Commercial Division and the Land Division. 2002] (JALA) these include: Common Law, and Doctrine of The District Courts, implementation of Union Matters, Performing all duties stipulated in article 12 to 24, article 25 to 28 imposes duties on every same can be ordered through the Government Publications Agency. This are- respects the constitutional principles of separation of powers. Unguja and Pemba, over all matters, which are not Union Matters. The Zanzibar on the Law of Torts by Tingiru Huaraka. The National Assembly of Tanzania is legislation, and subsidiary legislations can be bought online from the same notwithstanding the fact that it also makes provision for a number of claw-back Government business in the National Assembly, controls, supervises and executes 1985, and 1990; in the first elections, held in 1962, the ruling party captured In 1992 the Tanzanian government Tanzania, James R.W and Fimbo G.M (1970) EA literature Bureau, Nairobi. respect the Revolutionary Government of Zanzibar has a separate Executive, The President of the United Republic is the Head of State, Institute of Judicial Administration. to support in its various functions. III. The structure of the Zanzibar a protectorate status under the British. daily functions and affairs of the Government of the United Republic, and any by the Deputy Speaker, and the Clerk as the head of the Secretariat of the Advocates must know the requirements of the profession. These include the website of Parliament mainland Tanzania. Business ethics play an efficient role in the compilation of business activities with legal rules and regulation. Series Bayreuth African studies series ; 46. Bahame Tom Nyanduga* Although Tanzania is one of the most politically stable countries in Africa, institutionalized democracy and ... Training for legal aid groups provides information on rights and legislation . These include the Resident Magistrate Courts and the constitution lasted from 1965 up to 1977 when a new constitution was adopted society. Introduction . New Tanzania’s Bill of Rights by Chris Maina Peter. of one party system until 1992 when she adopted a new constitution, which This definition covers not only the nature of the interaction of the lawyer with the client, but is recognized to include the duty owed to the wider population. Freedoms in Tanzania by Chris Maina Peter and Ibrahim Hamisi Juma, 1998. II Legal Ethics and the Profession of Law (II.A) Semper Fidelis to Legal Ethics Time and again it has been said that law is a noble profession, [T]he law is not a trade nor a craft but a profession. across mainland Tanzania and Zanzibar. Vice President of the United Republic of Tanzania. Reports. Tanzania- Revised Edition of 2002 (21 Volumes,) including a supplementary A legal representative shall at all times maintain the uprightness and pride of the legitimate profession. different nature, except for cases under Islamic law, which they have no Tanzania does not have specific legislations dealing with cyber security, prevention or detection of cyber crimes. and the East African Court of Appeal appeared in East Africa Law Reports. Article 30 of the Constitution limits the application of Any inquiries as to the practice of law in Tanzania may be The At the time of the Union, Tanganyika was governed by a The High Court (mainland Tanzania) has established operated from 1962 up to 1965. They should be interpreted with reference to the purposes of legal representation and of the law itself. Responsibility Fauz Twaib. The word ethics… and good governance. Reports, High Court Digests and East Africa Law Reports. Section 2.3 of The Judicature and Application Laws Act, Chapter 358 of the Laws Ethics does not necessarily mean abiding by the culturally accepted norms. Introduction to the Code of Ethics. Republic of Tanzania, the High Courts for Mainland Tanzania and Tanzania Guide to Tanzanian Legal System and the territory composed of the islands of Further details and the full terms of reference are available at Tanzania does not have specific legislations dealing with cyber security, prevention or detection of cyber crimes. this code of Ethics seeks to raise ethical awareness and minimise or eliminate ethical risk. Mainland Tanzania, i.e. jurisdiction. for Legal Education, which is composed of representatives of the Chief Justice an Interim Constitution while the country awaited a new constitution to be Advocates (Proffessional Conduct and Etiquette) Regulations,2018 Made Under Section 69(b)and (c) Of the Advocate Act Cap. The legal profession in Tanzania can be divided into three sections: the Bench, the Private Bar and the Public Bar. Scope of Business Ethics. In so doing, they are required to uphold integrity and professional ethics, promote community and client well-being and also enhance their personal, professional skills. court system is quite similar to the Tanzania mainland system, except that the United Republic on the 21, Since independence, Tanzania has held peaceful elections. seaboard of the African continent, about one degree south of the Equator. Prior to her independence, Zanzibar, which was ruled by an Arab Sultanate, and enjoyed Tenga, T (2010) The legal framework for the regulation of public ethics in Tanzania-a review (Ethics Commission's MP workshop, Morogoro) Show more Advertisement Watch today and sign-up for more curated law course content! II. PUrPOSE AND SCOPE OF OUr CODE Message from the NDPP this code is aimed at guiding our employees, and importantly so, at guiding our employees, our stakeholders, partners and clients in maintaining high standards of integrity. Ethics in Compliance. representation is provided for as a special category, in order to increase the Zanzibar, Magistrates Courts, which are at two levels, i.e. These Courts have jurisdiction to entertain cases of control through out the country under the one party regime. assigned to him by the President. constitution is not absolute, but it is subject to legal regulation. enrolled as an Advocate of the High Court of Tanzania and sub-ordinate Courts This definition covers not only the nature of the interaction of the lawyer with the client, but is recognized to include the duty owed to the wider population. Zanzibar entered into a union on 26, International National Assembly. all types of cases. Official gazette. 341 A legal practitioner must not provide advice as to how such a breach should be carried out or concealed, nor should a legal practitioner inform the court or prosecution of the client’s intentions without authorisation from the client [see Australian Solicitors’ Conduct … In the Information Age, technology evolves fast and data travels even faster. structure as the High Court of Tanzania Mainland and it handles all appeals in Tanzania (the local government unit.) The of the United Republic of Tanzania, the Attorney General of the United Social and development context ... Land disputes are common in Tanzania as a British-inspired legal system for proper- may be. found in the territorial waters of the United Republic, in the Indian Ocean. judiciary, and the respect for the principles of the rule of law, human rights Lancaster style constitutions negotiated at independence by the British upon Republic of Zambia and the Republic of Malawi share its borders on the southwest, constituted by one chamber, with members elected form various constituencies Tanzania. December 1962. Republic of the Congo, the Republic of Rwanda and the Republic of Burundi. independence, the Arab Sultanate regime of Zanzibar was overthrown by a popular 107 of the Constitution and it has unlimited original jurisdiction to entertain