UNIVERSITY OF DAR ES SALAAM

SCHOOL OF LAW

LEGAL AID COMMITTEE

P.O. BOX 35093, DAR ES SALAAM

TANZANIA

Telephone: 0255-22-241096 Telegram: UNIVERSITY

Fax: 0255-22-2410672 E-mail: [email protected]

UNIVERSITY BASED LEGAL AID CLINICS IN TANZANIA: PROSPECTS IN

ENHANCING ACCESS TO JUSTICE

FIELD REPORT ON THE RESEARCH DONE IN JULY & AUGUST 2014

Editors:

Juliana Masabo (PhD), Veronica Buchumi & Barnabas Kaniki

i
RESEARCHERS:
1. Barnabas Kaniki
2. Bernard Msalaba
3. Boka Melkizedeki
4. Deogratius Bwire
5. Filbert Gwagilo
6. Goodluck Temu
7. Hadija Ramadhani
8. Sarah Mkenda
9. Sauda Mbilinyi
10. Zawadi Sendodo
11. Halima Sonda

ii
 FOREWORD
The predicament of accessing timely justice is real. It is real for those
providing legal aid services either in an urban setting or in the grassroots,
for they are faced with countless challenges whilst trying to serve their
respective populations. This predicament is also very real for those seeking
legal aid services.

When the Legal Aid Committee was established in 1967 in the then Faculty
of Law, the University of Dar es Salaam was the only institution providing
legal training in the country and the Committee was the only legal aid clinic.
Typical of the intention of the pioneers of the Faculty in seeking to produce
societal conscious lawyers, the Committee was a result of the realization
that people needed legal services and legal education as well as literacy.
Who better to provide these services than the Faculty members and
students? This has been the foundation upon which the first university
based legal aid clinic in the region was built upon. Fast forward to the
current era and one will see a plethora of legal providers in the form of
paralegal organizations and units, Non-governmental Organizations,
Community Based Organizations and so on. In the legal education front, one
will see an increased number of institutions offering legal education across
the country. However, very few of these institutions have working legal aid
clinics or programmes. Other than the University of Dar es Salaam, the only
other institutions with clinics are the Open University of Tanzania, Institute
for Judicial Administration Lushoto, Ruaha Catholic University and
University of Iringa. The rest of the law training institutions are either in the
process of establishing their legal aid clinics or do not have legal aid clinics
at all.

This study looks at the role of university based legal aid clinics. For those
with functional clinics the goal is to make them more relevant and
strengthen them; foster ties with other legal aid providers and buttress the
training and research roles of the universities that the other providers can
benefit from. For those without legal aid clinics, to interrogate the
possibility of them engaging in the provision of legal aid in the near future.
The study is an assessment of what exists and how it can be improved. It
does not seek to be a guideline on how to establish a university based legal
aid clinic, rather in addition to addressing generic concerns of other legal
aid providers, it is customized to the peculiarities and circumstances faced
by universities in provision of legal aid.

We urge law training higher learning institutions to accept that they have a
pivotal role to play in the access to justice equation through not only
provision of legal aid but also training and research in the area of provision
of legal aid and access to justice. The rights and welfare of communities that
iii
we are part of depend on us to use the education we have and are providing
to our students to enhance access to justice through provision of legal aid.
Let us make access to justice an attainable right for every Tanzanian.

Asina A. Omari

Chairperson LAC

iv
 ACKNOWLEDGEMENT
The Legal Aid Committee (LAC) of the University of Dar es Salaam is
indebted to a number of institutions, organisations and individuals for their
invaluable support and cooperation at one point or another during
implementation of this project. Their notable contributions without doubt,
shall play a significant role in improving prospects of enhancement of access
to justice in Tanzania.

Foremost, profound appreciation is accorded to the Legal Services Facility

(LSF) for funding the project. The Legal Aid Committee also extends
appreciation to legal aid providers and stakeholders in Tanzania who were
involved in different stages of the project, this report is a result of their
valuable participation.

Our gratitude is extended in a special way to all respondents in this

research project. These include; respondent law training-Universities/Higher
Learning Institutions, legal aid providing organisations and paralegals, legal
aid clients and members of communities surrounding the respondent
Universities. All respondents are specifically mentioned by name at the end
of this report.

To all the researchers, compilers, writers and editors of this report, the Legal
Aid Committee says thank you for working diligently to produce and add
quality to the report.

We are very grateful for the support and participation of the administration
and staff of the University of Dar es Salaam School of Law in all activities
performed by the Legal Aid Committee. The cooperation of the Legal Aid
Committee staff in preparation and implementation of this project is also
acknowledged and highly appreciated.

Last and not by all means least, we would like to thank the Legal Aid
Committee members for their support and encouragement throughout the
project.
Florencia Kimario

Project Officer - LAC

v
 EXECUTIVE SUMMARY
This report covers findings on a research titled ‘The University Based Legal
Aid Clinics in Tanzania: Prospects in Enhancing Access to Justice’ undertaken
by the University of Dar es Salaam, School of Law, Legal Aid Committee
(LAC). The study is funded by the Legal Services Facility (LSF), an
independent Basket Fund initiated by the Government of Denmark and
open for other Basket Fund Partners, through its Window Opportunity 02 of
1st August – 31st October 2013 under title Legal Aid in Progress: Legal
Research towards Enhancement of Legal Aid with Ref. No:
LSF/CFP/WOP02/010813. This study covered universities teaching law in
Dar es Salaam, Tanga, Arusha, Morogoro, Dodoma, Iringa, Mbeya, Mwanza
and Mtwara Regions. This study was funded by Legal Service Facility. LAC is
therefore implementing this project under LSF funding for twelve months.

This study was based on the premise that higher learning institutions can
act as a catalyst for change in ensuring rule of law and access to justice in
the society if they actively employ their rich human and knowledge
resources in providing legal aid services to the indigents. It therefore aimed
at studying the provision of legal aid services in Tanzanian Universities with
law faculties (loosely used to mean schools, departments etc.) and how far
the communities around the researched universities are benefiting or aware
of those services if any. It intended to establish whether the Universities
targeted provide legal aid and what is the scope and sustainability of their
service.

It was found that many universities in Tanzania are not engaged in

provision of legal aid. Only five universities were found to have sound legal
aid provision programs. These are the University of Dar es Salaam, Saint
Augustine University of Tanzania, Institute of Judicial Administration,
Ruaha Catholic University and University of Iringa. Apart from the
University of Dar es Salaam LAC, the rest of the clinics serve less than 10
persons a month.

It was also found that legal aid is not integrated as part of law teaching
curricula in Tanzanian universities. The provision of legal aid has therefore

vi
been a voluntary matter amongst students and staff. It is further found that
although Legal Aid Providers (LAPs) have increased their operation
upcountry, majority of persons in rural areas do not have an access to legal
aid services. This study, therefore, recommendations how best access to
justice can be improved through legal aid services.

vii
 TABLE OF CONTENTS
RESEARCHERS: ........................................................................................ ii
FOREWORD .............................................................................................. iii
ACKNOWLEDGEMENT ............................................................................... v
EXECUTIVE SUMMARY ............................................................................ vi
TABLE OF CONTENTS ............................................................................ viii
ABBREVIATIONS ...................................................................................... xi
INTRODUCTION ......................................................................................... 1
1.1. About the Legal Aid Committee ................................................. 1
1.2. Background to the Problem ........................................................ 1
1.3. Literature Review ....................................................................... 2
1.4. Conceptual Framework ............................................................... 5
1.5. Objective of the Project .............................................................. 5
1.6. Methods of Data Collection ........................................................ 5
1.6.1. Structured Interviews ........................................................... 5
1.6.2. Questionnaires ...................................................................... 6
1.6.3. Focused Group Discussion .................................................... 6
1.7. Sampling ..................................................................................... 6
1.8. Field Location ............................................................................. 6
AN OVERVIEW OF LEGAL AID PROVISION IN TANZANIA ........................ 7
2.1. Introduction ................................................................................ 7
2.2. Legal Framework on Provision of Legal Aid in Tanzania. .......... 7
2.2.1. The Constitution of the United Republic of Tanzania, 1977
(As amended from time to time)......................................................... 7
2.2.2. Legal Aid (Criminal Proceedings) Act, [CAP 21 R.E. 2002] .. 8
2.2.3. The Criminal Procedure Act, [Cap 20 R.E 2002] .................. 8
2.2.4. Judicial decisions ................................................................. 9
2.3. Legal Aid Providers (LAPs) ........................................................ 10
2.4. Coordination of Legal Aid in Tanzania ..................................... 12
2.5. Common Cases in Legal Aid ..................................................... 12
2.6. Challenges in Provision of Legal Aid in Tanzania .................... 13
UNIVERSITY BASED LEGAL AID PROVISION: EXPERIENCES FROM
OTHER JURISDICTIONS ......................................................................... 15
3.1. Introduction .............................................................................. 15
3.1.1. The Republic of South Africa ................................................. 15

viii
 3.1.3. The Federal Republic of Nigeria ............................................ 19
3.1.4. The Republic of India ............................................................. 22
3.2. Conclusion ................................................................................ 23
GENERAL FINDINGS................................................................................ 23
4.1. Introduction .............................................................................. 23
4.2. Summary of the findings .......................................................... 23
4.3. Field Findings from Dar es Salaam Region .............................. 24
4.3.1. University of Dar es Salaam ................................................ 24
4.3.2. University of Bagamoyo ...................................................... 26
a) Background Information........................................................... 26
4.3.3. Law School of Tanzania ...................................................... 27
4.3.4. Kampala International University, Dar es Salaam
Constituent College (KIU) ................................................................. 29
4.3.5. Tumaini University DSM COLLEGE (TUDARCo) ................. 30
4.4. Findings from Other Legal Aid Providers: Dar es Salaam
Region ............................................................................................... 32
4.5. Field Findings from Arusha Region ....................................... 39
4.5.1. Mount Meru University (MMU) ............................................ 40
4.5.2. Tumaini University Makumira ............................................ 41
4.5.3. Research Findings: Other Legal Aid Providers in Arusha .. 41
4.5.4. Response from the surrounding community: Arusha Region
43
4.6. Field Findings from Tanga Region ........................................ 43
4.6.1. Sebastian Kolowa Memorial University .............................. 44
4.6.2. The Institute of Judicial Administration ........................... 45
4.7. Field Findings from Mtwara Region ...................................... 47
4.7.1. Stella Maris Mtwara University College .............................. 47
b) Legal Aid: Surrounding Communities at Stella Maris University
College ............................................................................................... 48
c) Legal Aid Providers: Mtwara ..................................................... 49
4.8. Findings from Higher Learning Institutions in Iringa and
Mbeya Regions .................................................................................. 50
4.8.1. Ruaha Catholic University (RUCU) ..................................... 50
4.8.2. University of Iringa ............................................................. 51
4.8.3. Mzumbe University Campus College- Mbeya ...................... 53
4.8.4. LAPs: Iringa and Mbeya ....................................................... 53

ix
 4.9. Findings from Morogoro, Dodoma and Mwanza Regions ...... 54
4.9.1. University of Dodoma ......................................................... 54
4.9.2. Mzumbe University ............................................................. 56
4.9.3. Muslim University of Morogoro (MUM) ............................... 57
4.9.1. St. Augustine University of Tanzania, Mwanza (SAUT) ...... 58
4.9.4. Local Human rights NGOs and Paralegal Organisations .... 60
4.9.5. Findings from the Universities Surrounding Communities
in Morogoro, Dodoma and Mwanza Regions..................................... 61
4.10. Zanzibar ............................................................................... 63
4.10.1. Zanzibar University .......................................................... 64
4.10.2. Findings from Other Legal Aid Providers ........................ 64
5. CONCLUSIONS AND RECOMMENDATIONS....................................... 66
5.1. CONCLUSIONS........................................................................... 66
5.2. RECOMMENDATIONS................................................................ 69
Annex One: List of Contacted Persons from Higher Learning
Institutions ............................................................................................. 72
Annex Two: List of Contacted Persons from Other Legal Aid Providers 76
Annex Three: List of Contacted Persons from Communities Surrounding
Universities ............................................................................................. 82

x
 ABBREVIATIONS
DC: District Commissioner

DOLASED: Disabled Organizations for Legal Aid and Social and Economic
Development

DPLS: Directorate of Public Legal Service

ELCT: Evangelical Lutheran Church of Tanzania

IJA: Institute of Judicial Administration

ILC: Iringa Legal Centre

LAC: Legal Aid Committee, University of Dar es Salaam

LAPs: Legal Aid Providers

LAS: Legal Aid Secretariat

LHRC: Legal and Human Rights Centre

LSF: Legal Service Facility

MMU: Mount Meru University

MOCLA: Ministry of Constitution and Legal Affairs

MUM: Muslim University of Morogoro

NGOs: Non-Governmental Organizations

NOLA: National Organisation for Legal Aid

RC: Regional Commissioner

SAUT: Saint Augustine University of Tanzania

SEKOMU: Sebastian Kolowa Memorial University

STEMMUCO: Stella Maris Memorial Mtwara College

TAPANET: Tanzania Paralegals Network

xi
TAWLA: Tanzania Women Lawyers Association

TEC: Tanzania Episcopal Conference

TLS: Tanganyika Law Society

TUMA: Tumaini University Makumira

UDOM: University of Dodoma

UDSM: University of Dar es Salaam

UNDP: United Nations Development Program

UoI: University of Iringa

WLAC: Women Legal Aid Centre

ZAFELA: Zanzibar Female Lawyers Association

ZLS: Zanzibar Law Society

xii
 INTRODUCTION
1.1. About the Legal Aid Committee
The Legal Aid Committee (LAC) of the School of Law, University of Dar es
Salaam is one of the oldest University based law clinic in Sub-Sahara Africa.
It seeks to reduce injustice in the society through the provision of free legal
aid services to poor and vulnerable members of the community. LAC has
been using other different strategies on its disposal to achieve its goals.
Some of them are negotiation, litigation, participating in various forms of
dialogue, training, outreach programmes, manual work and networking with
other stakeholders whose objectives are compatible with those of LAC.

1.2. Background to the Problem

Access to justice has become a serious problem especially for the indigents.
This problem remained imminent in Sub Sahara Africa, Tanzania inclusive.
For example, the UNDP report on access to justice notes that ‘despite
progress [in increasing access to justice in Eastern and Southern Africa], the
most vulnerable, including the “poorest of the poor and those disadvantaged
because of their sex, age, ethnicity or disability,” remain marginalized and
largely excluded from the benefits that have been attained.’1 All these
countries are faced with problems like inadequate number of lawyers,
majority of whom are based in urban areas; disproportionate numbers
between police and citizens; overcrowded prisons and detention facilities;
and low level of legal literacy among the citizens.2 It is in these countries
that there are serious human rights abuses of which the poor and
marginalized are always the victims.3

1
UNDP, Rule of Law and Access to Justice in Eastern and Southern Africa: Showcasing Innovations and Good
Practices, UNDP Regional Service Centre for Africa, April 2013 pg. 10
2
See Access to Justice in Africa and Beyond; Making the Rule of Law a Reality, Penal Reform International
and Bluhm Legal Clinic, Northwester University School of Law, Chicago, Illinois, 2007
3
See Human Rights Watch African Countries reports at http://www.hrw.org/africa (Accessed on october 2014)
1
For instance, in 2013, Tanzania faced increased human rights violations
compared to previous years.4 There were various incidents of serious breach
of right to life, including mob violence, which claimed the lives of 1,669
Tanzanians (only reported cases).5 A form of mob violence was seen in 2013;
burying people alive, (thus killing them) for witchcraft suspicion.6 Extra-
judicial killings and killings of police officers are mounting in figures.7 In
2013 alone 8 police officers were killed by armed robbers and 23 people were
killed by the military and law enforcement officers.8

While there is an increase of persons in need of legal assistance, there is

insufficiency of persons who are available to offer such services. Those who
are available do so at very expensive rates. Legal assistance becomes the
only means to assist those who are financially unable to hire advocates.

There is an increase of organizations which are willing to offer free legal aid
services (the details of which are provided in this report) universities as we
shall see in . Included in this move are the higher learning institutions as
chapter three. Some of universities offering legal studies have established
legal aid clinics as part of their public service as well as training grounds for
their students and teaching staff.

Tanzania has not proved to run in the same pace with other countries in
this movement. Thus, this project was undertaken to conduct a detailed
study on the involvement of universities in provision of legal aid services.

1.3. Literature Review

Legal aid concept falls within the general framework of human rights law.
Therefore, a lot of materials on human rights have in one way or another
covered legal aid as a concept. However, there is lack of a comprehensive
literature which focuses on provision of legal aid by universities in Tanzania.

4
Legal and Human Rights Centre, Tanzania Human Rights Report, 2013 pg. xxxii
5
Ibid
6
Ibid
7
Ibid
8
Ibid
2
Helen Kijo-Bisimba and Chris Maina Peters have covered the legal aid
concept in their work titled ‘Justice and Rule of Law in Tanzania; Selected
Judgements and Writings of Justice James L. Mwalusanya and
Commentaries’.9 Chapter twelve discusses the right to legal representation
while chapter thirteen deals with the right to legal representation by non-
lawyers (specifically paralegals). It is the authors’ belief that the right to legal
representation is an important legal right to any party to a trial. This right,
in their opinion, relates to two other basic rights; the right to be heard and
the right to the personal freedom and liberty.

For a trial to be fair, the authors’ maintain that both parties must be equally
represented by competent counsels before a court of law. No justice can be
manifested, if for example, a poor man without legal representation is having
a claim against big corporation. Thus, is important for indigents to be
provided with counsels. More importantly, they must be informed that they
have a right to legal representation. The authors then proceeded to discuss
various judicial decisions where this right was declared fundamental. While
this study forms the bedrock for discussion on the right to legal
representation in Tanzania from a human rights based approach, the
authors did not discuss on the involvement of universities in provision of
legal aid which is the subject of this study.

Yash Ghai and Jill Cottrell have also discussed the concept of rule of law
and access to justice which is closely connected with the concept of legal
aid.10 The authors believe that the concept of rule of law is fundamental for
any just and democratic society. Further, the authors believe that access to
justice entails equality of all other persons before the law. That all persons
are entitled to the protection of their rights by state organs, particularly the
judiciary which is entrusted with the duty to interpret the law. The authors,

9
Helen Kijo-Bisimba and Chris Maina Peter, Justice and Rule of Law in Tanzania; Selected Judgements and
Writings of Justice James L. Mwalusanya and Commentaries, Ten years of of Legal and Human Rights Centre,
1995 -2005
10
YashGhai and Jill Cottrell, The Rule of Law and Access to Justice, in Yash Ghai and Jill Cottrell,
Marginalized Communities and Access to Justice, Routledge, New York USA.
3
advanced clearly and broadly the two concepts, however, their discussion
did not direct itself in the provision of legal aid by university based legal aid
clinics as a means of expanding access to justice.

Haroub Othman and Chris Maina Peter have edited a book titled
‘Perspectives on Legal Aid and Access to Justice in Zanzibar.11 The key
thoughts by all contributors in the book is that legal aid is an important
human right, which ensures equality of all people before the law. Chapter
one written by Barnabas Samatta boldly emphasizes that legal aid is a basic
human right which should be guaranteed by the state. It is through legal aid
that Justice Samatta believes that legal aid can be used as an instrument to
ensure that equality before the law is made a reality.

Chris Maina Peter in chapter three discusses criteria for provision of legal
aid. He examines the state of legal aid in Tanzania, both Mainland and
Zanzibar. In this chapter, Peter gives a clear account of legal aid in
Tanzania. In his discussion he has also discussed the legal aid service as
provided by the legal aid committee of the University of Dar es Salaam.
Chapter six is concluding the work by Justice Hamid Mahmoud Hamid who
firmly observed that access to justice is in fact a legal right. This work gives
a detailed account of legal aid in Tanzania. However, it has not provided an
account on university based legal aid clinics in Tanzania.

Access to justice has also been a subject of Smoking Wanjala's work ‘Law
and Access to Justice in East Africa.’12 The key concept in this book is on
democracy, good governance and access to justice. Chapter three is relevant
as Gibson Kamau Kuria discusses the right to legal aid in Kenya. This was
before the 2010 constitution. It is the author’s opinion that legal aid is the
right recognized in both young and old democracies. However, like other
writers, he has not discussed the university based legal aid services.

11
Haroub Othman and Chris Maina Peter, ‘Perspectives on Legal Aid and Access to Justice in Zanzibar
Published in the 10th anniversary of the Zanzibar Legal Services Centre, 2003
12
Kituo cha Katiba: Law and Justice Series 1, Centre for Law and Research International, Kenya 2004
4
The Legal Service Facility Conducted as baseline study in 2012 on
provision of legal aid in Tanzania. The objective of this baseline survey was
to establish the scope and nature of legal aid service provision in Tanzania.
This study also found out that there are only two universities which are
providing legal aid services in Tanzania. This report did not give a detailed
account as it is done in this study.

1.4. Conceptual Framework

This project was undertaken on the premise that universities can act as a
catalyst for change in ensuring rule of law and access to justice in the
society if they actively employ their rich human and knowledge resources in
providing legal aid services to the indigents.

1.5. Objective of the Project

This research aimed at studying the provision of legal aid in Tanzanian
Universities with law faculties (loosely used to mean schools, departments
etc.) and how far the communities around the researched universities are
benefiting or aware of those services if any. It intended to establish whether
the Universities targeted provide legal aid and what is the scope and
sustainability of their service.
1.6. Methods of Data Collection
In the course of this study, different methodologies were carefully selected
and applied. Basically, questionnaires, structured interview and focused
group discussion were seen appropriate and hence variedly applied to bring
the desired results. Depending on the nature of respondents, a combination
of all these methods in some areas becomes necessary.
1.6.1. Structured Interviews
Three set of questionnaires (attached as annex A1-A3) were used as a
primary method of collecting data from the field. They acted as a guide for
researchers when interviewing their respondents. This approach was used to
universities, LAPs and individuals in the field.

5
1.6.2. Questionnaires
Whenever structured interview become impossible, questionnaires were
used for our respondents to fill in. This ensured that data which would have
otherwise not collected as a result of unfulfilled appointment were
nevertheless collected.
1.6.3. Focused Group Discussion
During data collection at the fields, several respondents were found in
different groups. This method become appropriate to get their views as legal
aid beneficiaries instead of collecting the same individually which would
have otherwise cost much time and in some cases, impractical.
1.7. Sampling
Main respondents in this study were the universities. However in order to
have a full picture on how universities contribute access to justice through
legal aid, it was pertinent to understand the involvement of universities of
legal aid services from the beneficiaries(otherwise beneficiary to be) and
other legal aid providers point of view. At higher learning institutions, deans
of law faculties were our main target together with the staff (both teaching
and administrative) involved in provision of legal aid. With LAPs, our interest
lied with heads of respective organizations as well as those who are directly
involved in supervision or provision of legal aid. At individuals’ level, a
random sampling was done at the respective field to get their views and
understanding on legal aid generally as well as involvement of universities in
provision of free legal service.
1.8. Field Location
This study was conducted in regions with universities teaching law in
Tanzania. Regions covered therefore were Dar es Salaam, Tanga, Arusha,
Morogoro, Dodoma, Mwanza, Iringa, Mbeya, Mtwara and Zanzibar. Within
these regions, only those districts within which universities teaching law
exist were visited. For comparative purposes, other legal aid providers
located within reasonable proximity from the relevant institutions were also
included in the study.

6
 AN OVERVIEW OF LEGAL AID PROVISION IN TANZANIA
2.1. Introduction
This chapter intends to provide an overview of legal aid provision in Tanzania.
Thus, it is expected, that at its end, a reader will understand the complete
framework and operation of the same. It therefore includes, inter alia, legal
framework governing provision of legal aid in Tanzania, mode of its provision,
success achieved so far and general challenges encountered in ensuring justice is
available to all persons regardless of their means and condition of life.
2.2. Legal Framework on Provision of Legal Aid in Tanzania.
This section provides for different laws that govern the provision of legal aid
in Tanzania. These include the constitution of the United Republic of
Tanzania, The Legal Aid (Criminal Proceedings Act and the Criminal
Procedure Act of Tanzania. Further, several relevant judicial decisions have
been discussed.

2.2.1. The Constitution of the United Republic of Tanzania, 1977

(As amended from time to time)
Constitutions of different countries are regarded as the supreme and mother laws
of the respective countries. Constitutions provide for a general framework on how
matters of a specific State should be governed.
The Constitution of the United Republic of Tanzania does not expressly provide for
legal aid as a right to be provided to indigents. It only provides for the right to a fair
trial which can broadly be interpreted to include right to legal aid. Article 13(6)(a) is
relevant. It provides that;
‘When the rights and duties of any person are being determined by
the court or any other agency, that person shall be entitled to fair
hearing and to right of appeal or other legal remedy against the
decision of the court or of the other agency concerned’.
It can be argued that there won’t be any fair trial without proper representation.
Legal aid therefore comes in to serve this purpose. Much as this can be broadly
7
interpreted, it should be understood that as of now, legal aid is not a right
guaranteed in our constitution and therefore cannot be enforced by those in need.
2.2.2. Legal Aid (Criminal Proceedings) Act, [CAP 21 R.E. 2002]
This principal legislation provides a framework for provision of legal aid. Section 3,
which is relevant, provides that
‘where in any proceeding it appears to the certifying authority that it
is desirable in the interest of justice, that an accuses should have
legal aid in preparing and conduct of his defence or appeal as the
case may be, and that his means are insufficient to enable him to
obtain such aid, the certifying authority may certify that the accused
ought to have such legal aid and upon such certificate being issued
the Registrar shall, where it is practicable so to do, assign the
accused an advocate for the purpose of preparation and conduct of
his defence or appeal, as the case maybe’.13

This section provides the only existing state funded scheme for provision of legal
aid. However, this scheme is restricted to criminal cases (only accused persons) and
leaves out all those who might need legal assistance in civil cases. Furthermore, it
has been restricted to murder and treason and is having unlimited funds hardly to
cover even advocates’ expenses.14
2.2.3. The Criminal Procedure Act, [Cap 20 R.E 2002]
The Criminal Procedure Act governs all matters of criminal proceedings in
Tanzania.15 While it does not expressly provide for the right to legal aid, section 310
makes it a right for every accused to be represented by advocates before the courts
of law. Taken broadly, this would cover legal aid for those who are facing imminent
danger of serious injustice if they stand unrepresented.

13
Legal Aid (Criminal Proceedings) Act, Cap 21 R.E 2002, Laws of Tanzania.
14
Asina Omari, ‘The Current Situation of Legal Aid Provisions in Tanzania’,
http://www.tanlap.or.tz/sites/default/files/uploaded/Asina%20Omari%20article%283%29.pdf (Retrieved on 16th
October 2014).
15
Act No 21 of 1969, Laws of Tanzania.
8
2.2.4. Judicial decisions
Judiciary has always been bold enough to protect the right to legal representation.
It considers it an important right which if not jealously protected will render serious
miscarriage of justice for the accused. As Lord Denning had once put it,
"It is not every man who has the ability to defend himself on his own
... He may be tongue tied or nervous, confused or wanting intelligence
... if justice is to be done, he ought to have the help of someone to
speak for him."16

In Haruna Said v Republic17 the judge of the High Court found that the trial
magistrate had wrongly substituted a charge after acquitting the appellant of all the
charges with a charge equivalent to the previous charges and convicted him. The
judge also found that no evidence on theft had been adduced and that the case
involved complicated issues of law which required the trial magistrate to forward to
the Chief Justice certified copies of proceedings and recommendation that the
appellant needed legal aid to conduct his defence. In delivering his ruling, Hon.
Mwalusanya, J. observed that, where in any proceedings it appears to the certifying
authority that it is desirable in the interests of justice that an accused should have
legal aid in the preparation and conduct of his defence or appeal and that his
means are insufficient to enable him to obtain such aid, the certifying authority
may certify that the accused ought to have free legal aid. For proceedings in the
High Court the certifying authority is the Chief Justice or the Judge of the High
Court conducting such proceedings and in the case of a proceeding before a
District or a Court of a Resident Magistrate, the certifying authority is the Chief
Justice.
Hon. Mwalusanya, J. further pointed out two instances where legal aid will be
certified as necessary. One, where an accused is charged with a serious offence,
wherefore a lengthy prison sentence is likely to follow upon a conviction; and
second, when the trial is likely to include complicated issues of law like alibi,

16Pettv. Greyhound Racing Association Ltd [1969], Q.B.125

17
1991 TLR 124 (HC)
9
possession, burden of proof, consent, knowledge, confessions, hearsay evidence,
special circumstances or special reasons etc. Hon. Mwalusanya, J. concluded by
observing that legal aid is a constitutional right embodied in Article 13(6)(a).
In Kalumbeta v R.18 Hon. Justice Samatta (as he then was) observed that;
‘Legal representation for an accused is a right which is almost
universally recognised. In some jurisdictions the right is a
constitutional right ... That right is so jealously guarded by the law
that if an accused is deprived of it through no fault of his own and
through no fault of his advocate and he is, in the end convicted, that
conviction cannot be allowed to stand on appeal..’

In Thomas Mjengi v Republic19, a case involving an appeal against conviction and

sentence, Hon. Mwalusanya, J. found that the subordinate trial court erred in not
informing the appellants of their right to free legal aid paid for by the state. He
proceeded to declare the whole trial a nullity because the appellants who are
indigent were denied of their statutory and constitutional right to legal
representation paid for by the state as they were not informed of this right.

Clear analysis of these cases suggests that judiciary has always been in support of
legal aid in Tanzania. It has gone far enough to interpret it as a constitutional
matter falling under Article 13(6) (a). While the judiciary has taken an active role in
ensuring access to justice by all, the law enforcers and by and large the executive
are lagging behind. Perhaps it’s a high time now for the government of Tanzania to
constitutionally assume this responsibility and ensure that a clear and
comprehensive framework to govern legal aid is established.
2.3. Legal Aid Providers (LAPs)
The government, non-governmental organizations, faith based organizations, and
other institutions are involved in the provision of legal aid in Tanzania. There are

18
[1982] TLR 328
19
[1992] TLR 157 (HC)
10
also few education institutions which have engaged in provision of legal aid. A
detailed study of the same is provided in the coming chapters.
As we have noted earlier, the government is supposed to provide legal aid whenever
it is certified that the accused is in need of legal assistance and he cannot afford the
same. The state started to offer this assistance since the coming of Legal Aid
(Criminal Proceedings) Act of 1969. However, this has remained inefficient and
uncoordinated for a long period of time.20 It has remained confined to those
offences of serious nature, such as murder and treason with advocates being
assigned briefs with unlimited financial resources to facilitate the same.
Apart from the government, non-governmental and faith based organizations have
taken an active role in provision of legal aid. A base line survey on provision of legal
aid in Tanzania by Legal Service Facility, for example, reported that there are 19
non-governmental organizations involved with provisions of legal aid.21 The report
records the existence of 79 paralegal organizations in the country.22

Despite the increase of non-state legal aid providers, majority of beneficiaries are in
urban areas. Many of these providers are located in urban areas which
discriminate those who are geographically positioned in rural areas.23 Only one
third of Tanzanian districts (30%) are having legal aid in one form or another, and
basically in urban areas.24 These figures are portraying an increasing importance of
legal aid in Tanzania. Efforts are encouraged to cover rural areas which are
basically having majority who are in great need of legal assistance than those
located in urban areas.

20
Asina Omari, op cit. pg. 3
21
Legal Service Facility, Baseline Survey on Tanzania Mainland and Zanzibar for Legal Services Facility,
March 2012, Annex 4a
22
Ibid, Annex 4b
23
Ibid pg. 86
24
Legal Service Facility, An Approach towards Enhancement of Legal Aid in Tanzania, January 2012 until
present and ongoing, Dar es Salaam pg. 10
11
2.4. Coordination of Legal Aid in Tanzania
As we have already noted, legal aid for a very long time has remained
uncoordinated. This remained to be as such until May 2012 where Legal Aid
Secretariat was established by the Ministry of Constitution and Legal Affairs with
the cooperation of Legal Aid Providers.25 This secretariat functions under the
Steering Committee which works as a governing board. The Steering Committee is
comprised of eight (8) members including representatives from the Government
through the Directorate of Public Legal Services (DPLS) of The Ministry of
Constitutional and Legal Affairs (MOCLA) and various LAPs organizations namely;
Tanzania Women Lawyers Association (TAWLA), Legal and Human Rights Centre
(LHRC), Women Legal Aid Centre (WLAC), Legal Aid Committee of the School of
Law-University of Dar es Salaam (LAC – UDSM), Disabled Organization for Legal
Aid and Social Economic Development (DOLASED), Tanzania Paralegals Network
(TAPANET) and Tanganyika Law Society -the Bar Association of Tanzania Mainland
(TLS). The Steering Committee which is currently being chaired by WLAC has been
overseeing LAS and its operations.26
At last, Tanzania has got a body (as adhoc as it may be since it has no legal
backing) to coordinate the provision of legal aid.27 This body will also ensure the
quality of service provided as well as ensuring that ethics are adhered to.
2.5. Common Cases in Legal Aid
Although this study aimed at legal aid provided in education institutions, other
stake holders were also visited. These included the legal aid providers such as
professional institutions, non-governmental organizations and paralegal
institutions.
To all stakeholders, one question was asked. ‘What are the common cases you
mostly handle in your organization’? The answers to this question were almost
similar. Land cases remain to be a problem in this country. Over sixty percent of all
cases brought for legal aid are directly connected to land. Matrimonial cases,

25
http://las.or.tz/about-us/
26
Ibid
27
http://las.or.tz/objectives/
12
probate and administration of estates and labour cases would share the remaining
forty percent.
2.6. Challenges in Provision of Legal Aid in Tanzania
Challenges to all legal aid providers are common. The first and common one
remains to be lack of enough funds. Most of LAPs are depending on donors a
hundred percent which makes their sustainability at stake. Although some LAPs
have started to implement alternative programs for this challenge, successes are
still far beyond a reality.28 Lack of resources has also lead to concentration of legal
aid services in urban areas. Outreaches and mobile services have remained to be
unsustainable.
The second challenge has to do with poor coordination within LAPs. LAPs, as we
have seen, have worked for a long time uncoordinated. Even with the coming to
force of LAS, still the service has continued to remain the same. There is very low
legal awareness amongst indigents. Majority, when asked ‘what is legal aid’
acknowledge to have neither knowledge of legal aid nor known any legal aid
providers. This has continued to deny many poor persons with access to justice.
Another challenge is lack of clear legal framework through which LAPs
operate. For example, our constitution does not expressly provide legal aid
in the bill of rights. It is therefore not one of the rights which the state is
expected to guarantee. Secondly, there is no comprehensive law that governs
provision of legal aid. Most of the LAPs operate as any other non-
governmental organisation. Other LAPs such as paralegals are not legally
recognized.

The fourth challenge is lack of referral system. There is no clear system in

which one legal aid provider can refer cases to the other in case of certain
hindrance. For instance, when paralegals are providing legal aid and faced
with a certain hindrance, there is no clear system on where to refer that
case.

28
See for example LHRC. The centre started University of Bagamoyo to act as a supplement source of income.
To date, this has not proved a success.
13
The fifth challenge is lack of legal aid certificate. Many legal aid providers do
not have legal aid certificate. These certificates enables them to get court fee
exemption.

14
 UNIVERSITY BASED LEGAL AID PROVISION: EXPERIENCES FROM
OTHER JURISDICTIONS
3.1. Introduction
An increase of human rights awareness campaign has increased the need for poor
persons to get representation before the courts of law. This has increased the
numbers of actors in provision of free legal aid to indigents. This has not left aside
universities which are offering legal studies. A number of law teachings universities
have engaged in reaching the needy partly as their social responsibilities and partly
as part of training to their students.
A UN Handbook on Improving Legal Aid Access in Africa 29 mentions South Africa,
Kenya, Mozambique, Nigeria, Ethiopia and Sierra Leone as countries who’s some of
their law faculties are maintaining legal aid clinics. Several other universities
around the world are engaged in provision of legal aid to the indigent community.30
It is therefore encouraging to see that universities, which are best equipped with
resources, are engaged in building a society which has access to justice. This
chapter will therefore provide some few experiences from other jurisdictions. Details
on Tanzanian experience are carefully analyzed and provided in the coming
chapter.
3.1.1. The Republic of South Africa
Article 35 (2) (b) of the Constitution of the Republic of South Africa, No. 108 of 1996
(As amended from time to time), provides for the right of an arrested, accused or
detained person to choose legal practitioner and to be promptly informed of this
right. This right includes the right to have a legal practitioner assigned to the

29
United Nations Office on Crimes and Drugs, A Handbook on Improving Legal Aid Access in Africa,
Criminal Justice Handbook Series, New York, 2011 pg. 29 -30
30
Some of those institutions involve Queens University (http://law.queensu.ca/students/legalAid.html),Oregon
State University,(http://asosu.oregonstate.edu/legal-advising), Monash
University,(http://www.law.monash.edu.au/about-us/legal/), University of Idaho
(http://www.uidaho.edu/law/academics/clinicsprofessionalskills/clinics), University of Kent
(http://www.kent.ac.uk/law/clinic/) University of Edinburg (http://www.freelegaladvice.ed.ac.uk/get-involved/),
Indiana University (http://www.law.indiana.edu/about/outreach/), University of Maryland
(http://www.president.umd.edu/legal/) to mention few of them.
15
detained person by the state and at the state expense, if substantial injustice would
otherwise result, and to be informed of this right promptly.31
Apart from its constitution, South Africa passed the Legal Aid Act, No. 22 of 1969
(as amended from time to time), which provides for legal aid for indigent persons,
establish a Legal Aid Board and define its functions as well as providing for other
incidental matters. The Act establishes legal aid board to govern and guide the
provision of legal aid in the country.
It is encouraging to learn that Legal Aid Board of South Africa (the board) has
cooperation agreements with various universities that have law clinics.32 Through
the law clinics, the universities, in conjunction with Legal Aid Board of South
Africa, provide legal assistance to their communities. The South Africa Legal Aid
Board currently has cooperation agreements with Potchefstroom University for
Christian Higher Education, University of the Witwatersrand, Rhodes University,
University of Limpopo, University of Cape Town, University of the Western Cape,
University of Fort Hare, University of Venda, University of Pretoria, North West
University, Walter Sisulu University, University of South Africa, University of
Johannesburg, University of the Free State, University of KwaZulu-Natal,
Stellenbosch University, University of Zulu land and Nelson Mandela Metropolitan
University.33
Inclusion of all these institution gives a positive indicator that South Africa might
move towards a society with greater access to justice. It is reported that that these
clinics have always dealt with problems facing indigents communities. For example,
during apartheid, these clinics based on solving legal problems associated with the
policy such as wrongful dismissals, unemployment insurance and workmen’s
compensation for injuries; consumer law problems such as credit agreements (hire-
purchase), defective products, loan sharks and unscrupulous debt collection
practices; housing problems such as fraudulent contracts, non-delivery and poor
workmanship; customary law matters such as emancipation of women and

31
Article 35(2)(d), Ibid
32
http://www.legal-aid.co.za/?p=16
33
Ibid
16
succession rights; maintenance; and, criminal cases.34 They also engaged in
human rights work involving pass laws, police brutality, forced removals, detention
without trial and other breaches of fundamental human rights.35 With this kind of
involvement, no one can ever doubt the increasingly importance of engaging as
many universities as possible in provision of legal aid.

To ensure that university legal aid is well coordinated, Association of University

Legal Aid Institutions (AULAI) was established in the 1980’s.36 This association
creates a forum for university legal aid clinics in South Africa to share experiences,
develop clinical programs as well as offering legal aid. This association has become
a great success in raising awareness and helping indigents to have access as well
by establishing a link with other legal aid providers in South Africa. As a result,
majority of poor persons have benefited from the services of these university based
clinics.

It is important to learn that law clinics in South Africa serve two fold purposes.
Firstly, they act as a part of training for senior law students.37 In other words, they
act as a method of exposing senior students to practical aspects of the profession
they have always been inspired to pursue. Secondly, they serve even a greater
purpose of rendering free legal services to the poor and marginalized.38 This is
indeed a good practice. We believe that the South African model, including the
formation of AULAI is a move that could be adopted in Tanzania.
3.1.2. The Republic of Kenya
The Constitution of Kenya, 2010 provides for the right to legal aid. Article 48
imposes direct obligation to the State to ensure that all persons are having access
to justice. It provides that

34
David McQuoid Mason, South African Models of Legal Aid Delivery in Non-Criminal Cases available at
www.legalaidreform.org
35
Ibid
36
Margaret Barry et al, The Role of National and Regional Clinical Organizations in Global Clinical Movement
in Frank S Bloch, The Global Clinical Movement, Educating Lawyers for Social Justice, Oxford University
Press, New York 2011 at pp. 285 to 286
37
David J. McQuoid-Mason ,The Delivery of Civil Legal Aid Services in South Africa, Fordham International
Law Journal, Volume 24, Issue 6, 2000 pp. 130
38
Ibid
17
 ‘The State shall ensure access to justice for all persons and, if any fee
is required, it shall be reasonable and shall not impede access to
justice’39.
It is on the basis of this obligation that the accused has the right to fair trial which
includes the right to have an advocate assigned to the accused person by the State
and at its expense, if a substantial injustice would otherwise result.40 This includes
the right to be informed of this right promptly.41 There However, no comprehensive
Act of parliament is in place to govern the same. Thus, the parliament is at the
process of enacting the law which is at the bill stage.42
That notwithstanding, several Universities in Kenya maintain legal aid clinics. For
example, Kenyatta University. This clinic is affiliated to Kenyatta University School
of Law and the whole of Kenyatta University’s community.43 Specifically, this clinic
offers legal representation and a legal advice to indigent persons with specific focus
on gender, human rights abuses and socio-economic rights issues.44 It provides
final year law students with, among others, clinical legal practice as well as
enhancing their legal analytical skills through drafting of legal arguments, their
research skills, and clients handling skills while interacting with clients.45 This
clinic also provides the lecturers who are admitted to the roll of advocates with a
chance to practice while practically teaching students.46
Students Association for Legal Aid and Research is another legal aid clinic
established in 1999 by the Law School of University of Nairobi.47 Just like Kenyatta
University’s law clinic, it also deals with representing indigents as well as offering
training for senior law students.48 Several other Universities within Kenya also host
legal aid clinics. Generally, the Kenyan universities depict that the university-based

39
Article 48, The Constitution of Kenya, 2010
40
Article 50(2)(h), Ibid
41
Ibid
42
PravinBowr, Return faulty Bill on legal aid to draughtsmen, Standard Digital Gateway, February 2014 Read
more at: http://www.standardmedia.co.ke/?articleID=2000104473
43
http://www.ku.ac.ke/lac/index.php/component/content/article?id=114
44
http://www.ku.ac.ke/lac/index.php/2013-09-18-09-19-27/who-we-are
45
Ibid
46
Ibid
47
https://sites.google.com/site/uonsalar/
48
Ibid
18
legal aid clinics are a sustainable way of ensuring access to justice for local and
surrounding communities.
3.1.3. The Federal Republic of Nigeria
Nigeria is one of the African Countries which have taken a step ahead in
establishing law clinics in universities and other higher learning institutions.
University based legal aid clinics are coordinated by the Network of University Legal
Aid Institutions (NULAI). This network was established on 16th of October 2003.49 It
aims to promote and sustain the development of Clinical Legal Education (CLE),
reform of legal education and enhance legal aid and access to justice.50 Some of the
objectives of the network are to generate sufficient interest in the legal education
sector to encourage universities and law schools to set up legal aid clinics; and
reform legal education.51 The Network also provides technical and institutional
support to university/law school legal aid clinics, a medium for exchange of ideas
and peer review among legal aid clinics, a link between and among legal aid clinics
and relevant institutions in Nigeria and similar organizations and access to training
for law teachers.52 It also assist legal aid clinics to develop and sustain human
rights based programmes such as human rights education, legal aid and access to
justice that impacts on community development.53

As of 2014, there were eighteen (18) campus based legal aid clinics in Nigeria.54
Five (5) of these clinics were at the campuses of the Nigerian Law School (a post LL.
B professional school that prepares applicants for call to the Nigerian bar).55 The
rest are located at universities.56 These clinics are engaged in providing legal aid to
the indigents. Apart from this core function, the clinics act as an avenue for both
teachers and students to gain some practical aspects of law. Almost in all clinics,

49
http://www.nulai.org/index.php/aboutus
50
Ibid
51
http://www.nulai.org/index.php/aboutus
52
Ibid
53
Ibid
54
Ernest Ojwuku et al, Compendium of Campus Based Law Clinics in Nigeria, NULAI Nigeia, 2014 pg. 5 (also
available at www.nulai.org)
55
Ibid
56
Ibid
19
practical subjects such as introduction to Practical Law and Clinical Law are taught
at senior levels of undergraduate studies.57 This approach has brought tremendous
changes in Nigeria. Legal awareness has increased among the indigents, a lot of
marginalized have received free legal aid and many students and law teachers have
actively participated in serving the community through legal aid clinics in their
respective campuses.58
Abia State University will suffice as an example. Below is the extract from the
compendium of law universities legal aid clinics.59.

ABSU LAW CLINIC

Coordinator: Dr. Sam Erugo
Faculty of Law, Abia State University, Uturu, Abia State
Telephone: 08038762501
Email: [email protected]
URL: http://absulawclinic.blogspot.com/
Brief history of the Clinic:
The ABSU Law Clinic was established in 2005 as one of 4 pilot clinics under the
Network of
University Legal Aid Institutions (NULAI) with support from the Open Society
Justice Initiative (OSJI).
In September 2005, the University Senate Curriculum Committee approved the
CLE course as a compulsory one for 4th and 5th year undergraduate law
students. The programme is divided into an academic and service component.
Objectives: To provide free legal aid and advisory services to the underserved
members of the university community and its environs and also provide a
platform for the students to acquire requisite skills and exposure to real life cases
which will help them develop their lawyering skills.

57
See the above compendium fn 44
58
See Ernest Ojwuku et at, Impact Assessment of Clinical Legal Education in Nigeria, NULAI Nigeria, 2013
(Also available at www.nulai.org)
59
See fn 44 pg. 6
20
Programme/Course:
It is compulsory for all 4th and 5th year 1st Semester, Introduction to Practical
law students in the Faculty. The Law III
academic component of the programme (Law 510) ‐2credits
is divided into four modules taken in the Practice Management –
1st and 2nd semester at the 4th and 5th File and Case management:
year classes respectively. Ethics, Discipline and Professional
The academic programme is divided into Responsibility Ethics, rules and
four parts: discipline,
1st Semester, Introduction to Practical Professional responsibilities
law I Research and analysis
(Law 410)‐2 credits Legal writing Basic principles, doing
Interviewing Skills and Statement it right.
taking 2nd Semester, Introduction to
Introduction to Civil Procedure Practical Law IV
2nd Semester, Introduction to Practical (Law 511)‐ 2 credits
Law II Legal Writing
(Law 411) ‐2credits Pleadings in civil procedure, letter
Introduction to Criminal Procedure writing.
Social Justice, Access to Justice and Alternative Dispute Resolution
Legal methods
Aid Developmental Law, socio‐economic Negotiation skills, mediation,
rights, access arbitration and conciliation
Public interest lawyering.
Course assessment: Continuous assessment (clinical work) 50%, Examination
50%. Class size is an average of 120 students for year 4 and year 5 classes
respectively. Year 5 students are divided into 12 groups of 10 students for clinical
work. Students’ lessons are outcome based and interactive. Prison
Officers and experts take part in training students during their yearly pre‐field
workshops for their prison pre‐trial detainee projects.

21
3.1.4. The Republic of India
The Constitution of the Republic of India, (as modified on 1st December, 2007),
guarantees the right to legal aid. Article 39A provides that ‘the State shall secure
that the operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice are
not denied to any citizen by reason of economic or other disabilities.’ It is on this
spirit that universities in India have also taken an active role in the provision of
legal aid services. For example, a report published by UNDP India in 2011 found
that about 82% of all colleges in India have designated faculty to conduct legal
aid.60
Tremendous changes took place in 2009. Before that, all final year law students
were required, as part of their mandatory curriculum, to write four papers on
clinical education.61 In 2009, the Bar Council of India passed a resolution directing
all law faculties in India to establish legal aid clinics for purposes of providing
inexpensive legal aid for the indigent.62 These clinics are supposed to work under
the faculty which is teaching law.63 Therefore we learn that in India, final year law
students provide legal aid under supervision of their lecturers in their respective
legal aid clinics.64 In fact, under Rules of Legal Education made by the Bar Council
of India, an institution will not be accredited to offer legal studies for purposes of its
students to be enrolled as advocates unless it has established a Legal Aid Clinic to
be supervised by the senior member of staff.65

60
Access to Justice for Marginalized People, A Study of Law School Based Legal Clinic Services, UNDP India,
2011.
61
Jane Schukiske and LatikaVashist, Achieving Socially Relevant Legal Education Through Rural Legal Aid
Clinics in Raman Mittal and K.V. Sreemithon, Legal Aid: Catalyst for Social Change, Legal Aid Society,
Campus Law Centre, University of Delhi, Satyam Law International India, pg. 170.
62
Ibid
63
Ibid pg. 171
64
Jane Schukoske and LaticaVashist, Achieving Socially Relevant Legal Education through Rural Legal Aid
Clinics, in Legal Aid; Catalyst for Social Change, Legal Aid Society: Campus Law Centre, University of Delhi,
Satyaman Law International Publishers, India, 2012 pp.173
65
Rule 18(1) (3) and Clause 10 of Schedule III, Rules of Legal Education, Bar Council of India, made under
Advocates Act of 1961
22
3.2. Conclusion
The above jurisdictions have been carefully selected in order to bring a requisite
influence to the Tanzanian experience. All the countries referred to are found in the
developing countries (at varying stages) as well as being common law jurisdictions
(with the exception of South Africa) just like Tanzania. We have seen that their
universities are maintaining legal aid clinics which, in one way, provide quality and
inexpensive legal aid to indigents, and in another way, act as an avenue for both
law teachers and students to practice their theoretical experience. Tanzania not
being an exception, as majority of her people are in great need of legal assistance,
lessons learnt from these jurisdictions are highly recommended.

GENERAL FINDINGS
4.1. Introduction
This chapter intends to give a detailed account of the findings from studies
conducted in different regions of United Republic of Tanzania. Only those
regions with higher learning institutions offering Law courses were covered.
Each region’s report is separately presented to reflect the peculiar needs and
challenges of geographical diversity in Tanzania.

4.2. Summary of the findings

This study has found out that many higher learning institutions in Tanzania
have not engaged in provision of legal aid. Only five universities were found
to have legal aid programs. These are the University of Dar es Salaam, Saint
Augustine University of Tanzania, Institute of Judicial Administration,
University of Iringa and Ruaha Catholic University. Apart from the
University of Dar es Salaam Legal Aid Clinic (LAC), the rest of the clinics
serve less than 10 persons per month.

This study also found that legal aid is not integrated in the law teaching
curricula in Tanzanian Universities. The provision of legal aid has therefore
remained a voluntary matter. Further, it was found that although LAPs have
increased their operation upcountry, majority of persons in rural areas do
not have an access to legal aid.
23
4.3. Field Findings from Dar es Salaam Region
Dar es Salaam is Tanzania's largest and richest city and a regionally
important economic centre.66 It is the capital of the Dar es Salaam
Region administrative province and consists of three local government areas
or administrative districts: Kinondoni, Ilala, and Temeke.67 The region had a
population of 4,364,541 as per 2012 Official census.68

In this region research was done to all universities offering legal studies.
These included the University of Dar es Salaam, University of Bagamoyo,
Tumaini University – Makumira Dar es Salaam College, Kampala
International University and the Law School of Tanzania. It is unfortunate
that an appointment could not be secured with the Open University of
Tanzania. The main reason is that during the whole period of this study,
they were heavily engaged in marking of examinations from all of their
centres in Tanzania. Apart from the higher learning institutions, other legal
aid providers were also visited. These include the Legal and Human Rights
Centre, Tanzania Women and Children Welfare Centre, Tanzania Network
for Legal Aid Providers, Women Legal Aid Centre and the Tanganyika Law
Society.

4.3.1. University of Dar es Salaam

a) Background information
The University of Dar es salaam is the oldest and biggest public university in
Tanzania. It is situated on the western side of the city of Dar es salaam,
occupying 1,625 acres on the observation hill, and 13 kilometres from the
city centre.69

It was established on 1st July 1970, through parliament Act no. 12 of 1970
and all the enabling legal instruments of the constituent colleges. Prior to

66
http://en.wikipedia.org/wiki/Dar_es_Salaam
67
Ibid
68
Ibid
69
https://udsm.ac.tz/background
24
1970, the university college, Dar es Salaam had started on 1st July 1961 as
an affiliate college of the University of London. It had only one faculty- the
faculty of Law, with 13 students.70

In 1963 it became a constituent college of the university of East Africa

together with Makerere University College in Uganda and Nairobi University
College in Kenya. Since 1961, the University of Dar es Salaam has grown in
terms of student intake, academic units and academic programmes.71

b) Legal Aid at University of Dar es Salaam

The key respondents were Ms. Asina Omari, Chairperson of Legal Aid
Committee and Mr Baranabas Kaniki, Secretary, Legal Aid Committee.
University of Dar es Salaam has a Legal Aid Clinic (LAC) which was
established in 1967. It is the oldest committee offering legal aid services in
Tanzania. Timing and manner of offering legal aid has been varying from
time to time depending on different defining circumstances. Currently, the
committee receives new clients every Friday. All other clients are handled
daily as per appointments.

The Legal Aid Committee of UDSM offers legal aid free of charge. Legal aid
clients are received basing on assessment of their financial capacity. Matters
of public interest also attract the attention of the committee. The committee
main sources of finance are two; support from the University and those
procured from donors and well-wishers. Thus, as we will see in other
findings, lack of enough financing has been the major problem facing the
committee.

LAC involves members of staff in offering legal aid. This however is done on
voluntary basis. At the moment, there are twenty members of staff in this
committee, four of which are women, however not all the members of the
committee are actively engaged in committee activities. It is the opinion of
LAC that many members of staff should get involved in the provision of legal

70
Ibid
71
Ibid
25
aid, especially those who have specialized in procedural and human rights
laws. Also the recognition of the active members’ time, as part and parcel of
service, to their employer or to the students’ grade(s), would go a long way in
encouraging more people (staff and students) to take part in legal aid
provision.

LAC also understands the importance of involving students in offering legal

aid. Although it is not compulsory for students to offer legal aid, they do so
voluntarily. Approach used in working with students is learning by doing.
Thus, under supervision, students would engage in various activities such
as drafting documents and attending clients. Plans are on the way to have a
more structured arrangement where students can be more involved than the
current practice.

Apart from attending and advising legal aid clients, LAC also provides their
clients with legal representation. This is because there is a pool of advocates
who are also members of staff. LAC also works with other legal aid providers
in Dar es Salaam in ensuring justice for all. These, among others are Legal
and Human Rights Centre, TAWLA, WLAC and the TLS among others. It also
has close ties with the Zanzibar Legal Services Centre (ZLSC).

4.3.2. University of Bagamoyo

a) Background Information
University of Bagamoyo (UB) is a private university in Tanzania.72 Its current
physical address is at Plot 706, Sembeni Street, Off Old Bagamoyo road,
Mikocheni “B”, Kinondoni District, Dar es Salaam Region. It was started by
the Tanzania Legal Education Trust (TANLET) and the Legal and Human
Right Centre (LHRC).73

Its vision is to be and to remain a unique centre of excellence in offering

university education in the world while its mission is to nurture and develop

72
www.uob.ac.tz accessed on 30th October 2014
73
Ibid
26
socially conscious, committed and ethical human being through integrated
holistic formation.74

b) Legal Aid at University of Bagamoyo

University of Bagamoyo does not have a legal aid clinic. An interview made
with the Dean of the law college, Dr. Natujwa Mvungi, together with
Ms.Theresia Sawaya, an assistant lecturer provided us with this
information. This University however is in the process of establishing the
same. The idea was conceived in 2013 and it is believed that by 2015 a legal
aid clinic would be in place.

University of Bagamoyo believes that legal aid is important in ensuring

justice to all persons. Having a background in protection and promotion of
human rights, this University stands at a better place in ensuring all law
teaching universities are running active legal aid clinics. This is evident as it
has been carrying several public services programs. For example in August
2013, they participated as a college in a project launched by Legal and
Human right Centre (LHRC) to educate people on the Constitution Reform
Process as well as participation in paralegal training and have worked with
Tanzania Gender Networking Program (TGNP) to raise awareness of women
to participate in the upcoming election. Moreover, in the beginning of 2012
they hosted a training of paralegal which was funded by the Legal and
Human right Centre.

4.3.3. Law School of Tanzania

a) Background information

The Law School of Tanzania (LST) was established by the Law School of
Tanzania Act, 2007 (the Act) which came into force on 2nd May 2007. The
establishment of the LST was an important milestone towards improving
practical skills of aspiring lawyers in the country as well as increasing the
number of advocates.

74
Ibid
27
Before the establishment of the School, aspiring lawyers were trained in
practical skills through the internship program run by the Attorney
General’s Chambers. Later on some Universities adopted the Externship
system to impart practical skills to aspiring lawyers. Both of these systems
were overwhelmed by the number of graduates from universities for they
were designed for an era where there was one university that trained less
that 100 lawyers. These systems were replaced by the Practical Legal
Training Programme offered by LST.

The Law School is under the Ministry of Constitutional Affairs and Justice.
As stipulated by section 5 of the Act, the School is mandated to, among
others, conduct, manage and impart practical legal training programmes as
may be prescribed by the Council of Legal Education; and promote and
provide opportunities and facilities for the study of and for the training in
legal practice and allied subjects

b) Legal Aid at the Law School of Tanzania

The key respondent at the Law School of Tanzania (LST) was Mr. Goodluck
Chuwa, Head of Practical Legal Training. According to his responses, there
is neither legal aid clinic nor legal aid services provided by the law School of
Tanzania (LST). However, there are ongoing efforts to establish the clinic
that will be set up within the practical legal training department at the Law
School of Tanzania and that will also be registered as a Non-Governmental
Organization (NGO) with an independent personality. These plans were
expected to be implemented by October, 2014. In fact even the proposal for
its collaboration with the Tanganyika Law Society (TLS) was already in
place. This fact was confirmed by Mr. Gura, the then Acting Chief Executive
Officer of TLS.

LST believes that it is important for an institution like it to have a legal aid
clinic because it is the part of the school’s obligation to the community as
well as a way to expose students of Post-Graduate Diploma in Legal Practice
to the reality of legal practice.
28
4.3.4. Kampala International University, Dar es Salaam
Constituent College (KIU)
a) Background Information

KIU Dar es Salam Constituent College began operations in January 2009

operating from Quality Plaza along Pugu road after attained its charter
status on March 2008.75Currently, the University Centre is situated on a
100 acre piece of land, at Gongo la Mboto area in Ilala District, 7 Km from
Mwalimu Julius Nyerere International Airport along Nyerere road76. This
spacious campus offers an ideal university learning atmosphere and plenty
of room for further expansion.77

KIU's philosophy regards each student as a unique individual who brings to

the learning environment certain strengths and ideals. It is the role of
University to assist students actualizes their strengths78.

The following are objectives upon which KIU was founded: To produce
independent and competent graduates capable of making wise decisions
which will enable them to become good members of society and contribute
to their professions, the nation and the global community, to become
premier international University in the Great Lake region by providing
needs-based, market-driven quality academic programmes, to provide
professional and continued learning for practicing professionals, to
undertake research projects in various fields that shall contribute to the
political, economic, social and technological development of society and to
undertake partnership with other institutions in order to enhance mutually
beneficial objectives79.

75
http://www.kiu.ac.tz/index.php/about-kiu
76
Ibid
77
Ibid
78
Ibid
79
Ibid

29
 b) Legal Aid at Kampala International University Dar es Salaam
Constituent College

According to information the study got from Mr. Miruka B. Dennis, the Dean
Faculty of Law, Kampala International University Dar es Salaam College
neither have a legal aid clinic nor offers any legal aid services. However the
university had a plan to have a legal aid clinic by September 2014. KIU Dar
believes that legal aid clinics present a practice opportunity for the students
and it is the way of giving back to the community.

The University has been facing two major challenges towards establishing a
clinic; these are financial limitation and the challenge of convincing the
administration on the importance of having a clinic. Helping them strategize
on how to convince the University’s authority on the importance of having a
clinic is the kind of assistance they would like to receive.

Although there is no legal aid clinic, the university is offering other public
services to the community. These services are HIV/AIDS Counselling, Youth
Empowerment programs, sports projects and leadership programs. The
quality of these services is good as the university sponsors all these
programs.

4.3.5. Tumaini University DSM COLLEGE (TUDARCo)

a) Background Information

Tumaini University Dar es Salaam College is a constituency of Tumaini

University Makumira which was founded by the ELCT in 199780.

TUDARCo’s vision is to become a centre of excellence for knowledge transfer,

from one generation to another, trained human resources and job creators,
and promotion of national unity through teaching, research, training,
consultancy and community service to the nation, region and international

80
http://www.tudarco.ac.tz/
30
community at large81. |The objective upon which the college was founded is
to be the Centre of excellence in providing good quality education through
training in short and long courses and tailor made programmes, certificates,
diplomas, undergraduate and postgraduate programmes and sustainable
research and consultancy activities82.

b) Legal Aid at Tumaini University DSM College

The key respondents at Tumaini University Dar es Salaam College were

Joseph Sist, Dean Faculty of law, Mwenda Antony, Moot Court Coordinator
and Edwine Lugambila, Chairperson, Student Law Society. Their responses
were in conflict as to whether the university has a clinic or not. Two of them
said it does not have a clinic and one respondent said it has. However as we
proceeded with the interview, we noted that what a respondent sought to be
a clinic is actually a student law society.

Despite the absence of a legal aid clinic, the university had plans to have a
clinic by October 2014. They believe it is important to have a clinic as will
give space for student to have a practical side of the law but more important
fulfilling the university’s social corporate responsibility.

The following are challenges the university face in establishing a legal aid
clinic: Issues of priority versus available resources, lack of enough office
space and lack of experience in clinical programmes. To be able to respond
to these challenges, they wished to be assisted on these issues: Sharing
experience with those who have legal aid clinics, office space and furniture,
training and capacity building and Funding. The University offers no other
public services to the community.

81
Ibid
82
ibid
31
4.4. Findings from Other Legal Aid Providers: Dar es Salaam Region
4.4.1. Legal and Human Rights Centre (LHRC)
LHRC, established in 1995, is registered under the Companies Act Chapter
212 of the Laws of Tanzania as a Company without shares limited by
guarantee.83 The organization was founded from a human rights project of
the Tanzania Legal Education Trust (TANLET). It has its main office in Dar
es Salaam and a regional office in Arusha.84 The LHRC provides its services
from its Headquarters in Dar es Salaam, Arusha sub-office and the Legal
Aid Centre at Kinondoni in Dar es Salaam. Also the Centre has the provision
of Mobile Legal Aid Clinics.85 The Legal and Human Rights Centre envisages
a JUST and EQUITABLE society.86

An interview was done with Fulgence Massawe, who is the Legal Counsel In
charge of Kinondoni Legal Aid Clinic. This clinic housed at Justice
Mwalusanya House, Isere Street, Kinondoni, is exclusively dealing with legal
aid matters. At this clinic, five different units are established to deal with
legal aid cases. These are land law unit, labour law unit, family law unit,
civil law unit and general administrative units. At this centre, more than five
hundreds legal aid clients are served every month.

As we will see in other regions, common cases facing legal aid clients are
land matters. Many of them come from districts surrounding Dar es Salaam
regions such as Mkuranga, Bagamoyo and Kibaha.. It appears, from our
analysis that landmanagement continue to be a serious problems facing
majority of indigents in Tanzania. The centre being established at urban
area attracts also a lot of labour cases. Most of reported complaints involve
unfair termination of employment contracts. LHRC deserves appreciations
for its commitment towards providing organised and qualified legal aid in
Tanzania, perhaps in far better standards that all other LAPs.

83
http://www.humanrights.or.tz/about-us/mission-vision-objectives
84
Ibid
85
Ibid
86
Ibid
32
Mr. Massawe appreciated the need for university based legal aid clinics. He
was of the opinion that universities are placed at a far better place to offer
legal aid than any other LAPs. This is due to the fact that these institutions
are endowed with rich skilled and educated human resources (both students
and lecturers) who can participate fully to the provision of legal aid. If well-
coordinated, referral system which could very well work between LAPs and
university based clinics would be another reason for involving these
institutions.

4.4.2. Tanganyika Law Society (TLS)

The Tanganyika Law Society is the Bar association of Tanzania Mainland,
founded in 1954 by an Act of Parliament - the Tanganyika Law Society
Ordinance, Chapter 344 of the Laws. The Tanganyika Law Society is
currently governed by the Tanganyika Law Society Act, Cap 307 R.E. 2002,
which repealed the earlier legislation.87 The TLS was established with
several statutory objectives, including; to maintain and improve the
standards of conduct and learning of the legal profession in Tanzania, to
facilitate the acquisition of legal knowledge by members of the legal
profession and others, to assist the Government and the Courts in all
matters affecting legislation and administration and practice of the law in
Tanzania, to represent, protect and assist members of the legal profession in
Tanzania as regards to conditions of practice and otherwise, and to protect
and assist the public in Tanzania in all matters touching, ancillary or
incidental to the law.88

An interview was conducted with Mr Alphonce Gura, the acting CEO and
Bahati Mwano (now deceased), Head of the Legal Aid Unit. It was established
that TLS runs legal aid clinic every day from Monday to Friday. This is done
with TLS staff together with volunteers/ interns. Common cases faced in the
provision of legal aid involve land cases, employment and labour relations
cases and the probate and administration of estates.

87
http://www.tls.or.tz/?about-us.html
88
Ibid
33
TLS understands the role of university based legal aid clinics. Thus, it is of
the opinion that universities should take an active role in provision of legal
aid since the legal knowledge is on their fingertips. In this aspect, TLS has
entered into a memorandum of understand with the Law School of
Tanzania. The understanding between the two institutions is that they will
run a joint legal aid program where LST students will conduct legal aid in
their premises under the supervision of the practising advocates from the
TLS. This will make a good use of the LST students who in one cohort
numbers to four hundred.

4.4.3. Women's Legal Aid Centre

WLAC is a non-governmental and non-profit organisation that provides legal

aid and human rights education to women and children. It was included as
a respondent in this research because it is one of the major legal aid
providing organisations in Tanzania, it has vast experience in the field and
has worked with some University-based legal aid clinics hence key in
determining whether University-based legal aid clinics play/can play a
crucial role in enhancement of access to justice in Tanzania.

An interview was conducted with the members of the WLAC Advocacy Unit
headed by Winston Mosha. WLAC is of the opinion that the provision of legal
aid in Tanzania is still at a very small scale. It is provided by Civil Society
Organisations and is almost solely based on civil cases rather than criminal
cases. Most of these organisations have offices in urban areas making legal
aid provision to be urban-based. For instance WLAC has its headquarters in
Dar es Salaam and branches in district centres such as in Kigoma-Kasulu.
There lacks a legal regulation of legal aid providers as there is no law in
place. This makes legal aid provision to be as an unruly horse, every
organisation works in its own way. There is no clear definition of the
targeted group hence legal aid providers generally define their services are
for the vulnerable, but who exactly are these? Legal aid provision by NGOs
is donor-driven, this makes the basis of provision to be on the needs of the
donors and not of the targeted group.

34
WLAC is of the view that the Government of Tanzania should be the lead
stakeholder in provision of legal aid. This is because it is demanded so by
the law. The Legal Aid (Criminal Proceedings) Act Cap 21 provides that, for
the interest of justice a person charged with a crime and cannot afford legal
representation, he/she should be availed legal aid by the government.
However, the government currently provides legal aid only for capital
offenses such as murder, this is not a correct interpretation of the Act.

Universities such as the University of Dar es Salaam (UDSM), Open

University of Tanzania (OUT) and Tumaini University are in the close vicinity
of WLAC and do offer law studies. UDSM and OUT do have legal aid clinics
that are in operation. These University-based legal aid clinics are highly
significant in struggle to enhance access to justice by the indigents. The
clinics give services such as the coaching of clients, drafting legal
documents and court representation in selected cases. WLAC is of the view
that the University-based legal aid clinics could do much more. For
instance;

a) Advocacy, which will work toward enactment of new laws and

amendment of bad laws. For example, WLAC conducts advocacy towards
amendment of gender insensitive laws.
b) Research, this is one of the prerogatives of Universities hence these
clinics could contribute invaluably by providing much needed knowledge for
clients’ cases.
c) Recruiting and training paralegals and assisting in establishing
paralegal centres.
d) Prepare publications to raise awareness as well as educate the
population on legal issues.
e) Translate laws into simple easily-understandable language
f) Conduct public campaigns for example, the TUNAWEZA campaign by
WLAC

35
g) Conducting training targeting people from the grass roots up to
influential leaders both religious, traditional and political. Emphasis should
also be put in training law enforcers and social welfare officers.

WLAC has cooperated with the Legal Aid Committee of the University of Dar
es Salaam School of Law especially through TANLAP and LAS in some fronts
such as legal networking, coalition, referrals, alliances and approval of
publications i.e. WLAC has sent some of their publications to the University
of Dar es Salaam School of Law for vetting.

Establishing and/or building the capacity of University-based legal aid

clinics in Universities with law faculties/schools or departments will be a
very significant endeavour due to the expected pros of such clinics to the
Tanzanian society. This is because the clinics will create conducive
environment for making lawyers with a volunteerism and eager-to-help spirit
which will enhance provision of legal aid and pro bono services by advocates
in Tanzania. Involving law students in provision of legal aid will expose them
to the actual problems that people face in the society hence sharpening their
minds towards finding solutions and preparing them to be better leaders in
the country. Universities are better positioned to provide legal aid in terms of
facilities and resources guaranteeing that legal aid clinics shall well thrive in
Universities.

WLAC opined that, though there is much promise of success to enhance

access to justice through legal aid provision by University-based legal aid
clinics, there are as well inhibitions to such success. Most Universities in
Tanzania are in urban areas hence University-based legal aid provision will
still remain to be urban as in the case of civil societies. As well there are still
few Universities providing law studies hence the clinics will be few and can
hardly achieve the desired effect. The experience is that the existing
University-based legal aid clinics provide legal aid in civil cases only, this
sets a trend, will the newly established clinics go further than that and
provide legal aid in criminal cases?

36
4.4.4. Tanzania Network for Legal Aid Providers (TANLAP)
TANLAP is an umbrella national network of non-governmental organisations
(NGOs), Community Based Organisations (CBOs), Faith Based
Organisations (FBOs) and other institutions providing legal aid in Tanzania.
TANLAP was envisaged as a very significant respondent to this research
because its main objective is to link up with civil society organisations to
ensure provision of quality legal aid services and advocate for access to
justice for the poor and marginalised in the society. University-based legal
aid clinics fall under the networking umbrella of TANLAP, therefore they are
expected to work towards realization of the above objective thus making a
very crucial contribution towards enhancement of access to justice.
An interview was conducted with the managing director of TANLAP, Ms
Christina Kamili and the following is the information gathered;

TANLAP finds that Tanzania still has a long way to go in ensuring

availability and provision of legal aid in the country. A good example is
drawn by looking at the ratio of the number of advocates in Tanzania today
to that of the population of the country. It is roughly 4,000 advocates to 45
million people. And it is only a few of these advocates that involve
themselves in legal aid provision/pro bono cases. Mostly, it is civil society
organisations that are involved in legal aid provision despite the fact that
legal aid is a basic need just like water and education and the government
should have been in the frontline providing it. The organisations providing
legal aid are as well not assisted by ensuring legal regulation and capacity
building so they could operate efficiently, this compromises the quality of
legal aid provided and hinders efforts to enhance access to justice.

Legal aid provision in Tanzania today is largely put forth by non-state

actors/civil society organisations, individual advocates, Universities
providing law studies and other academic institutions such as the Law
School of Tanzania. It should be noted however, the government has the
greatest responsibility in provision of legal aid to its indigent population.
Practice shows that this responsibility is not fulfilled. The government has

37
the ability to put to use advocates, lawyers and other legal minds in the
provision of legal aid in Tanzania. This could be done by establishing centres
with legal teams in each district or court that will provide legal aid as well as
educate citizens on the law and their rights before going into any court.

TANLAP mentioned the University of Dar es Salaam, Open University of

Tanzania, Bagamoyo University and Tumaini University as Universities
providing law studies in the close vicinity of its offices. It however is, only
the University of Dar es Salaam and the Open University of Tanzania that
have legal aid clinics. The University-based legal aid clinics provide legal aid
in civil cases only and not in criminal cases. TANLAP opines that these
clinics should as well concentrate in the provision of legal and human rights
education to the indigents; engage in advocacy so as to ensure that
oppressive and exploitive laws are struck out and that laws are citizen-
friendly and establish strategic partnerships with major stakeholders in the
legal sector including the judiciary and the parliament so as to oil the legal
aid provision wheel.

TANLAP works together with University-based legal aid clinics. It does so

mostly in areas of capacity building through conducting training, lobbying
and advocacy and in provision of legal education to the citizens. As a
networking organisation of the legal aid providers in the country, it finds the
involvement of Universities in provision of legal aid to be very crucial and
central in ensuring true and quicker enhancement in access to justice. This
is because, University clinics are independent from state and non-state
actors and have human resource comprising of higher level of
professionalism hence there is a bigger room for success in the quantity and
quality of legal aid provided by the University elite.

TANLAP advises that, even Universities which do not offer law studies may
establish legal aid clinics. This will only require training, capacity building
and close monitoring to ensure that the clinics are functioning properly. The
main reason for this suggestion is that, it is relatively easy to train
University staff and students about law and legal aid compared to the

38
average citizen on the street. This could produce paralegals in many
Universities in Tanzania to provide legal aid services to the indigents.

TANLAP is convinced that, given the initiative, University-based legal aid

clinics can revolutionize legal aid provision in the country. This can start at
the foundation, University clinics can champion for the creation of an official
curriculum on general legal knowledge, legal aid provision and human rights
to be used in different levels of education especially tertiary. This will
heighten awareness for the law and human rights in the country and duly
increase the number of legal aid providers which will play a very significant
role on the road to enhancement of access to justice in Tanzania.

4.5. Field Findings from Arusha Region

This section reports the findings of a field research done in Arusha region.
Arusha is located in the north-eastern corner of Tanzania In this region,
two higher learning institutions were visited. Mount Meru University and
Tumaini Makumira University.

This study has found out that there is no active legal aid service provided in
Arusha by the above named institutions. However, this study has revealed
that there are other non-governmental organisations which have taken a
lead in provision of legal aid services. These include the Legal and Human
Rights Centre (LHRC), Tanzania Women Lawyers Association (TAWLA) and
Arusha Paralegals. While these NGO’s are trying their best to offer legal aid
services, our study has established that majority of people are not reached
with it. Very few of respondents had knowledge on legal aid.

39
4.5.1. Mount Meru University (MMU)
a) Background Information
This university was founded in 1962 as International Baptist Theological
Seminary of Eastern Africa (IBTSEA).89 It is owned by the Baptist Churches
of East Africa.90 It became an accredited university in 2005.91

It should be noted that currently legal studies fall under the Faculty of
Business Studies. Only certificate and diploma in law courses are offered.

b) Legal Aid at MMU

According to Mr Evarist Majura, Head of Faculty of Business Studies, MMU
has no legal aid clinic neither does it provide legal aid service. This is partly
because legal studies have been recently introduced at the institute. We
were informed by Mr. Majura that there were plans to have operational legal
aid by 2015. At the moment, they are working on their proposals.

Mr Majura thought that it is important for institutions offering legal studies

to maintain legal aid clinic. This will, firstly, serve as an institute corporate
social responsibility. For example where MMU is located is surrounded by
Maasai community whose main challenges are on land rights. Thus, if they
had a legal aid clinic, this would have been their main area of concern.

Secondly, he believes law faculties are equipped with staff who have legal
knowledge at their fingertips. They can efficiently offer this service as well as
train others.

Legal aid, he observed require a lot of resources, he sees lack of enough

resources in terms of financial and human capital as the main challenges.
He thinks of seeking donor support to solve this.

89
http://en.wikipedia.org/wiki/Mount_Meru_University
90
Ibid
91
Ibid
40
4.5.2. Tumaini University Makumira
a) Background information.
Tumaini University Makumira (TUMA), formerly Lutheran Theological
College Makumira, is the main campus of Tumaini University Makumira,
the University of the Evangelical Lutheran Church in Tanzania (ELCT)
established in 1997.92 This university has six faculties one of which offers
legal studies.93 The Law Faculty is currently headed by Mr Benedict Maige.

b) Legal Aid at TUMA

An appointment was made with Mr Maiga, the Dean; Faculty of Law,
Tumaini Makumira. It is unfortunate that he never showed up on the agreed
date never did he return our calls and messages. His secretary informed us
that he will be able to see us the next day of which he never showed up
neither did he respond to our calls or messages to date. Thus we are unable
to provide any official information for this institution.

The general secretary of the Law Society of Makumira (a student's

organization), Mr. Godfrey Kizito informed us that they had once approached
the Dean and the latter promised that coming end of 2014 they would
establish a legal aid clinic. However, we could not verify this information.

4.5.3. Research Findings: Other Legal Aid Providers in Arusha

Apart from the above mentioned higher learning institutions, our team had
an opportunity to visit other LAPs in Arusha municipality. These are

1. Legal and Human Rights Centre-Arusha

2. Tanzania Women Lawyers Association- Arusha

3. Arusha paralegals

Findings from these LAPs were almost similar and can be summarized as
follows

92
http://www.makumira.ac.tz/index.php/aboutus
93
http://www.makumira.ac.tz/index.php/2014-04-20-11-58-09
41
1. They all provide legal aid to people who are in real need. Land matters
are common cases facing their clients. This is followed by probate and
administration of estate and lastly matrimonial matters. The only challenges
they see in provision of legal aid is its concentration in town areas and leave
out the marginalized societies in rural areas.

2. In responding to the above problem, they regularly run mobile legal

aid clinics and train paralegals in the marginalized societies. However, they
all acknowledge that mobile clinics are not very efficient as it lacks
sustainability though for the time being they serve the purpose. A stitch in
time saves nine, they say. For example, Advocate Shilinde Ngalula, Legal
Officer in Charge, LHRC Arusha informed us that they have established
about 28 paralegal centres countrywide.

3. LHRC and TAWLA have sometime worked with higher learning

institutions. LHRC has sometime worked with Makumira University with its
law society. It also acts as a resource centre for students. TAWLA has
worked with University of Miami in two years on will writing campaign. In
several occasions, it has cooperated with Tumaini University especially on
internship for their students.

4. All three LAPs agree that higher learning institutions teaching law
should take an active role in provision of legal aid. This is because

- They are equipped with best and smartest legal minds in the country.

- Teaching is part of their work so they can easily help in training of

LAPs and paralegals

- They should take a lead in a public awareness campaigns

- They can help in establishing legal aid clinics in remote areas.

Challenges facing these LAPs are the same. Firstly, there is problem of
sustainability of their services due to lack of reliable sources of funds.
Arusha Paralegals for instance said it has strong desire to attract as many
volunteers as possible but it lacks funds for compensating even for

42
volunteers actual transport. Secondly, most of clients come too late when
their cases are ‘broken beyond repair’. In most cases they come after they
have already paid a lot of money to advocates in vain. Thirdly, some of
clients are too poor to afford even their transport to and from the providers.
Thus, the LAPs find themselves forced to incur extra cost including paying
for their transport. Fourth, there is lack of governmental support. Advocate
Shilinde for instance said the government did not view his organization
positively since they viewed as activists and at times seemingly siding with
the opposition both of which did not sit too well with the government. Even
the recently established basket funds like LSF and LAS are not sufficient to
cover activities of LAPs in ensuring justice is also accessible for those with
no or low means.

4.5.4. Response from the surrounding community: Arusha Region

A study was also done randomly at Arusha town. Again, many people who
came to our contact did not know what legal aid is and whether it is
provided in Arusha. This is due to the fact that many people seeking for
legal aid are normally coming far from city centre Advocate Shilinde
informed us per month they serve about 500 people.

4.6. Field Findings from Tanga Region

This section covers findings of a field research done in Tanga Region,
Lushoto District. Lushoto is located within the northern part of Tanga
region. Within this District are the two higher learning institutions,
Sebastian Kolowa Memorial University (SEKOMU) and Institute of Judicial
Administration (IJA). This study has found out that there is no active legal
aid service provided in Lushoto by the above mentioned institutions. While
the Institute of Judicial Administration is having dormant legal aid scheme,
Sebastian Kolowa Memorial University does not have one. This was
confirmed by the research done in the surrounding areas. Details of these
findings are found in this report and supporting documents.

43
4.6.1. Sebastian Kolowa Memorial University
a) Background Information
Sebastian Kolowa Memorial University was established in 2005 as a
constituent college of Tumaini University of Tanzania.94 This decision was
reached by the Executive Council of the Evangelical Lutheran Church of
Tanzania, North Eastern Diocese.95 It continued to operate as a constituent
college of Tumaini University with the name of Sebastian Kolowa University
College (SEKUCO) until 2012 where it became a full-fledged higher learning
institution in the name of Sebastian Kolowa Memorial University, named
after the first African bishop of their North Eastern Diocese.96

Currently, SEKOMU has three faculties, one of which offers legal studies.
This is the Faculty of Law being headed by Hon Jdg. (Rtd) Mushi as Dean of
the Faculty.

b) Legal Aid at SEKOMU

Under the direction of the Dean, an interview was done by the team of
researchers with the acting Dean, Mr Khery Sanga. Together with him, there
were other three members of staff. These were Mr Tumainiel Lyimo, heading
the Private Law Department, Ms Happiness Rwejuna, Research Coordinator
and Mr Charles Ernest, an Assistant Lecturer of Law.

SEKOMU does not have a legal aid clinic. However, it is in the process of
establishing it. Already preliminary preparations are underway including
writing of proposal (which they were kind enough to show us) and the
related matters. Plans were to see a functional legal aid clinic by end of
June, 2014. However, due to some challenges of which we will see them
shortly, it has yet to come into place.

SEKOMU has however offered legal aid related services sometimes between
2010 and 2011. These services were done inform of outreach activities

94
http://www.sekomu.ac.tz/index.php/about-sekomu/origin-of-the-university
95
Ibid
96
Ibid
44
where all teachers together with their students had to go into some of
villages and offer legal and human rights education. As it would be expected,
some villagers would come up with their legal problems of which, SEKOMU,
offered a free legal service. This service covered only legal advice and not
drafting of documents or representation in the courts of law.

During these outreach, SEKOMU could offer legal advice up to 20 persons.

This was however done once per semester. Thus, in the whole year, they
could offer service to around 40 persons. During this outreach, common
cases faced the indignant were land disputes followed by succession
complaints.

A way towards provision of legal aid services and establishment of legal aid
clinic has never been easy at SEKOMU. Firstly, as we have seen and we will
see in many other areas, there was lack of funds. Mr Sanga says sometime
offering legal aid became a personal matter. Organizers have to strive to
make the ends meet, which always proved to be difficult. Secondly, since
2012, no outreach was done. This was due to the anticipation that legal aid
clinic could come into place soon. That was not the case as the person in
charge of all preparation got some problems which made the work to stop. In
the view of Mr Sanga, the process may even be complicated when, according
to Dean of the Faculty’s directions, they will have to register it as a Trust
and not an institution within the university hierarchy or a department with
Faculty of Law’s departments.

4.6.2. The Institute of Judicial Administration

a) Background information
The Institute of Judicial Administration (IJA) was founded by Cap.405 R.E.
2002, following the acceptance of the recommendations of the Presidential
Commission on Judicial System Review of 1977; the Presidential
Commission on the Introduction of Multiparty Democracy in Tanzania of

45
1993; and the Legal Task Force, 1996.97 All these studies found out that
there was a need to establish an institution that would design and provide
training programmes suitable for judicial officers and court personnel.98 The
Institute started its training activities on 23rd October, 2000.

As requested by the Director of Studies and Deputy Principal, Mr Ntemi

Kilekamajenga, we had interviews with Dr. Calvin Mandopi, Executive
Secretary of their Legal Aid Trust from 2006 to 2010 and Ms Mwanabaraka
Mnjuku, Head of Judicial and Legal Studies Department.

b) Legal Aid at IJA

IJA has a legal aid clinic. It was established in 2005 and started to operate
the same year. It continued to remain active from 2005 to 2012. From 2012
to date it has remained dormant, offering services to less than 10 people a
month (an estimated figure).

At IJA, legal aid clinic operates in form of a trust. All members of academic
staff are automatically members of the trust although their participation is
on voluntary basis. According to Dr. Mandopi, the committee was
established to take care of Lushoto, Korogwe and some districts of Tanga
and Kilimanjaro regions. At the time when the clinic was active, they used to
advertise their completely free service to people within Lushoto and the
surrounding areas. As a result, many people used to come from Lushoto and
Korogwe Districts.

The clinic used to run on Friday for about three to five hours starting from
1400hrs. Due to a large number of people who used to show up, hours of
service could sometime be extended to late evening. According to Lushoto
customs which require women not to be active, most of people who came for
service were men. Most common cases were land and succession matters.

97
http://www.ija.ac.tz/About%20us.html
98
http://www.ija.ac.tz/About%20us.html
46
 c) Changes from 2012
In 2012 there were changes on the administration of the Institute. The new
administration was not very active with legal aid. Thus, the executive
secretary who should be appointed by the principle has never been
appointed since 2012. And although the budget for legal aid has always
been 10 million Tanzanian shillings per year, it has never been easy to
realize the money. As a result, the clinic has remained dormant without
leadership and support from administration.

4.7. Field Findings from Mtwara Region

Mtwara region is located south eastern part of Tanzania with an estimate
population of 1,270,85499. The region is bordered with Mozambique to the
south, in Eastern part it is bordered by the Indian Ocean. Generally, it has
five districts one of which was used as case study as far as this research is
concerned. This was prompted by the fact that Mtwara Region has only one
University with Law Faculty offering bachelor of laws. This is Stella Maris
University College, a constituent college of St. Augustine University of
Tanzania (SAUT).

4.7.1. Stella Maris Mtwara University College

a) Legal Aid at Stella Maris
Stella Maris Mtwara University College is the sole higher learning institution
with a law faculty at Mtwara region. The study found out that there is no
legal aid clinic at Stella Maris University College100. Despite the absence of
the legal aid clinic there are legal aid services that are rendered at individual
and departmental level101. For instance, there had been one legal aid day per
semester, in which legal aid services would be rendered to the community.
This was however done at a very minimal level.

Efforts for establishing legal aid clinic have been taken although there are
some of the challenges. Among the setbacks for an establishment of the

99
As per 2012 Census.
100
Interview with Head of law Department at STEMMUCO; Ms. Francisca Ndakidemi on 11th July, 2014
101
Ibid
47
legal aid clinic at the University includes lack of funds as there will be a
need for financial and administrative costs to run such a clinic and the fact
that the Faculty of Law is still immature. In fact, they started offering
bachelor of law in 2012102.

Despite the above challenges, there are ongoing efforts done to ensure an
establishment of a legal aid centre at the College. In other words, the
institution want to go beyond legal aid as they want to educate the society to
discard their practice and lifestyle which call for reforms although time
frame could not be ascertained103. The university college acknowledge that
there is a high need for an establishment of the legal aid clinic at the
University or College since university is the oasis of knowledge.

Despite the absence of the legal aid clinic, the University College of Stella
Maris has been involving itself in public services such as Training and
researching104. In fact, this has been done at departmental level. For
example the Geography department have been conducting environmental
management workshop105. This department has also been involving itself
into participation in environmental exploration and conservation.

b) Legal Aid: Surrounding Communities at Stella Maris University

College
This category of respondents included people surrounding Stella Maris
Mtwara University College as well as those who sought advice and legal aid
from the Legal Aid providers instead of the above-mentioned higher learning
institution. From the Interview, questionnaire and documentation method,
the following were the key findings collected.

The concept of Legal Aid Clinic was never known before by the sampled
respondents. As to their knowledge on legal aid services, the selected

102
Interview with an Assistant Lecturer at STEMMUCO; Mr. Alex Msalenge on 11th July, 2014
103
ibid
104
Interview with Mr.Ignatus Alphonce Barongo; an assistant Lecturer at STEMMUCO; on 11th July, 2014
105
Interview with Mr. Alex Msalenge; an assistant Lecturer at STEMMUCO; on 11th July, 2014
48
interviewees were to certain extent aware of the concept but they had no
information on the availability of Legal Aid at Stella Maris Mtwara
University College save for legal providers such as Mtwara Paralegal Centre
and Mtwara Organization for Legal Aid Assistance. It was not common that
some were not even aware of any information on availability of legal aid in
their community106. The only option known to many is to engage advocates
and pay for the services and instruction costs107

c) Legal Aid Providers: Mtwara

An interview was also conducted with other LAPs such as Mtwara
Organization for Legal Aid Assistance (MOLA) and Mtwara paralegals. They
are of the view that legal aid services are very important although the
numbers of LAPs are very few the fact that contributes to inaccessibility of
justice by the poor108. For example, since 2013, MOLA has been able to save
about 150 clients109.

It is on this juncture that Mtwara paralegals believe the provision of legal aid
services should not only be taken as the government duty but also
advocates, legal aid providers, paralegals, universities as the subject of the
project. ‘Bush lawyers’ in their opinion, should also be empowered in such a
point that they became able to render the same110.
The availability of legal aid services in Mtwara region is tainted up with
problems of few advocates, instability of organizations such as NOLA and
the fact that most of civil society organizations are urban oriented111. This
requires heavy involvement of the fewer committed organizations.
Partnership with other providers becomes necessary as well in order to

106
Interview with FatumaDadi, on 10th July, 2014
107
Interview with anonymous respondent who refused to disclose her name on 10th July 2014
108
Interview with Mr.ShadrackRweikiza; field legal officer and member of Mtwara Organisation for legal
Assistance on 10th July, 2014
109
Interview with Mr. Walter Ngonyani Walter; Program Coordinator at Mtwara Organisation for legal
Assistance (MOLA) on 10th July, 2014
110
An interview with Mr.MullowellahMtendah, Chief Executive officer at Mtwara paralegal centre co. ltd; on
11th July 2014
111
An interview with Ms. Judith John Kumwembe, member at Mtwara paralegal centre co. ltd; on 11th July
2014
49
reach this end. It is therefore interesting to see Mtwara Paralegal Centre
collaborates with Police Gender Desk, Ward Tribunals, BAKWATA as well as
social welfare department.112 In the quest for justice, Mtwara Paralegal
Centre has established sub units at Nanyumbu and Tandahimba.

4.8. Findings from Higher Learning Institutions in Iringa and Mbeya

Regions
4.8.1. Ruaha Catholic University (RUCU)
a) Background information
Ruaha University College (RUCO) is a private and secular institution of
higher learning established by the Tanzania Episcopal Conference (TEC)
under its Trust Deed of the Registered Trustees of Ruaha University College
who are the trustees of SAUT.113 The College is governed and administered
in accordance with the Catholic Church Policy on Higher Education
Institutions Ex Corde Ecclesia and the provisions of the constitution
establishing a constituent college of the St. Augustine University of Tanzania
(SAUT).114

b) Provision of Legal Aid at RUCU

According to Mr. Tegamaisho, the Head of Public Law Department of Ruaha
Catholic University, RUCU in collaboration with Marburg University,
Germany, established Centre for Human Rights and Good Governance in
2010 The Centre was established to ensure that people who cannot hire
advocates due to their economic status get legal services as well as
conducting various legal forums and seminars as a means of providing legal
and human rights education as well as public service. In achieving its goals,
the clinic engages in provision of legal advice, drafting legal documents and
appearing before the courts of laws on behalf of clients whenever necessary.
There is no specific day for clinic services instead people are served

112
An interview with Ms. Judith John Kumwembe, member at Mtwara paralegal centre co. ltd; on 11th July
2014
113
http://www.ruco.ac.tz/
114
Ibid
50
whenever they arrive seeking assistance. The centre serves the average of
ten to fifteen people per month. Common cases handled by the centre are
land probate issues and matrimonial disputes. These services are given free
of charge by members of faculty of law.

RUCO faces a number of challenges in provision of legal aid. First, there are
no enough funds to run the centre. Although the centre is being funded by
the university, the allocated budget is very minimal hence limit the ability of
the centre to advertise its services. . Second, the centre has not developed
any code to guide provision of legal aid. In fact, even a timetable for
consultation has not been set. Third, there is minimal involvement of
students in the centre’s program.

We were informed that the University had an intention to form legal aid
committee as a NGO to facilitate solicitation of fund for smooth provision of
legal aid. The establishment of it is underway and the senate had already
approved. Also thestudents will be integrated in the program.

4.8.2. University of Iringa

a) Background information

University of Iringa was originally founded as Iringa Lutheran College and

Seminary. Since 1997 it has been operating under Tumaini University’s
umbrella, and known with the name of Tumaini University, Iringa University
College (IUCo).115

Over the years, the fields of study provided by IUCo have gradually
expanded to cover a whole range of disciplines and professions. The
University of Iringa currently has six faculties, Faculty of Arts and Social
Sciences, Faculty of Business, Faculty of Law, Faculty of Science and
Education, Faculty of Theology and Faculty of Counselling and Psychology.

115
http://www.uoi.ac.tz/
51
They offer undergraduate and postgraduate degree programmes, as well as
short diploma and certificate programmes.116

b) Provision of legal aid at University of Iringa

Iringa University faculty of law has the legal aid clinic established in April,
2014 known as the Iringa Legal Center(ILC). Visiting the University, two
respondents were interviewed, namely Mr. Henry H. Mwinuka (Assistant
lecturer and head of public law department) and Mr. Francics Mugendi Kohi
(Assistant lecturer). It was their opinion that the ILC has been established to
assist the needy through legal aid as well as raising legal literacy to the
surrounding communities.

This clinic provides legal services once per week, that is every Thursday
where 3 hours are devoted for provision of legal aid services, from11.am to
2.pm. Being a young clinic, it serves an average of two persons a month,
where clients have to pay Tshs 10,000/- per visit. In terms of the quality of
services provided by the center, Mr. Mwinuka said that the services provided
are of a very good quality and through that they have managed to attract
needy people as well as donors funding to the clinic. This has also created a
clinic good reputation.

In running its activities, the center expects support from the faculty and
well-wishers. Legal aid policy has also been developed by the faculty in order
to guide the provision of legal aid. It consists of the preamble, Interpretation
section in part one, Part two consists of office premises and territorial
jurisdiction.

Several challenges are already faced by the center. Apart from lack of funds
which appears to be the common problem, the center takes its proximity
from other parts of the Iringa region as the main challenge. It’s not easily
accessible by people from other areas due to its remoteness.

116
Ibid
52
4.8.3. Mzumbe University Campus College- Mbeya
a. Background information
Mbeya Campus College is one of the three campuses of the Mzumbe
University. It was established in 2006.117 The Mbeya Campus College is
located in the Southern Highlands of Tanzania in Mbeya Region.118 The
Mbeya Campus College offers a wider range of programmes ranging from
Postgraduate, undergraduate and non-degree programmes.119 The varieties
of courses offered by this Campus College provide a wider choice for
potential students to achieve their learning ambitions, qualifications and
professionalism.120

b. Provision of Legal Aid at Mzumbe University Mbeya Campus

College
An interview was conducted with Mr. Seme Yohana B., a deputy principal
and Ms. Ndunguru Solana (Assistant Lecturer). It was informed that Legal
Aid Clinic started in form of NGO called Centre for Development, Human
Rights and Legal Aid (CEDEHULA) in 2010. This centre is currently
dominant even though the facilitators are still there. However, the campus is
currently conducting cullicula review in which they are intending to
incorporate the legal aid in it.

4.8.4. LAPs: Iringa and Mbeya

Apart from the universities visited in Iringa and Mbeya, other legal aid
providers were visited to get their view on importance of involving higher
learning institutions in provision of legal aid. The LAPs visited were Iringa
Paralegal Centre (Iringa), Legal Aid and Social Welfare Association (LASWA)
(Iringa), Noble Legal & Social Aid Organisation (Iringa) and Mbeya Paralegal
Unit (Mbeya).

117
http://mcc.mzumbe.ac.tz/index.php/about-us/mbeya-campus-college
118
Ibid
119
Ibid
120
Ibid
53
The research intended to find out whether these LAPs have any
understanding of operation of university based legal aid clinic in their
surrounding universities. Of all the four LAPs, only Iringa Paralegal Centre
was in knowledge that Iringa University does provide legal aid. However it
was in the opinion that the clinic has not taken enough efforts to advertise
its services.

In their course of activities, they normally provide legal advice as well as

drafting documents. They also work with universities where their students
get attached to them for practical training and internship.

LAPs are of the opinion that legal aid is necessary in ensuring justice in the
society. Higher learning institutions are therefore having an important role
to play especially in partnering with other institutions in furthering this end.

4.9. Findings from Morogoro, Dodoma and Mwanza Regions

This section covers the findings from Morogoro, Dodoma and Mwanza where
the Legal Aid Committee was investigating availability of University based
legal aid clinics in those regions. The team of researchers collected data from
universities with law faculty, local human rights Ngo and paralegal
organisations as well as communities around the visited universities.

The universities visited are Mzumbe University (Morogoro), Muslim

University of Morogoro, University of Dodoma and St. Augustine University
of Tanzania (Mwanza), whereas Ngo and paralegal organisation visited were
Morogoro paralegal, Tanzania Paralegal Network( TAPANET), Tanzania Legal
Aid Centre (TALAC) and Kivulini Women Rights Organisation.

4.9.1. University of Dodoma

a) Background information
The University of Dodoma was formerly established in March 2007 following
the signing of the charter by the President of United Republic of Tanzania,
Prof Mrisho Jakaya Kikwete. The first academic programmes commenced in

54
September 2007.121The University has been designed on a campus college
mode each of which will be semi-autonomous.122 Department of Law falls
under the School of Social Sciences.

b) Legal Aid at UDOM

In University of Dodoma, there were Disabled Rights Legal Aid Clinic which
was run as a project. This offered legal services. the services were being
offered by individual lecturers to those in need but the University has no
clinic purposely for legal aid services. In most cases these services were
availed to those who were known to the concerned lecturer or recommended
by someone known to him/her. However the university had a plan to
establish a legal aid clinic by the end of this year (2014). The focus of the
said clinic would be on disabilities rights and particularly provision of legal
aid services to the persons with disabilities. To some extent the plan is
shaped with the three years project on disabilities rights which the
university is undertaking under the financial support from external donors.

The clinic will required full participation from students as clinic will be
designed as a course (clinical legal education) and students will be involved
in provision of legal aid. The idea is to train a cadre of human rights lawyers
with focus on disabilities rights.

However, this plan to have a legal aid clinic is not free from challenges; the
challenges are (a) NO curriculum has been made so far (b) the university is
still new hence lacks some important infrastructure and resources. (Human
resource, finance and administrative issues). The assistance needed to
mitigate these challenges are cooperation from other university’s based legal
aid clinics and technical support on curriculum preparation and other
teaching materials.

The university understand that it is important to have a clinic because

through clinic students will have an advantage of learning by doing and the

121
http://www.udom.ac.tz/index.php/university-profile
122
Ibid
55
aim of creating social justice lawyers will be easily realised. . It is only
through clinical programs where students can sense, feel and smell
injustices as they interact with clients.

Apart from legal aid, the university has been offered other public services.
These services are conducting educational programmes through the college
of humanities and diagnosis services through the college of health. The
quality of these services is very high but sometimes constrained due to
shortage of funds.

4.9.2. Mzumbe University

a) Background information
Mzumbe University was established by the Mzumbe University Charter,
2007 under Section 25 of the Universities Act. No. 7 of 2005 which repealed
Mzumbe University Act. No 9 of 2001.123 As a training Institute, the
University boasts of over 50 years’ experience of training in the
administration of justice, business management, public administration,
accountancy, finance, political science and good governance.124

b) Legal Aid at Mzumbe University

Like University of Dodoma, Mzumbe has no legal aid clinic but legal services
are being offered by individual lecturers. However they have plan to have a
clinic but failed to specify when this plan is going to materialize. The
university believes that it is important to have a clinic because it is a part of
university’s corporate social responsibility, will host students’ practical
learning but more important as a way of giving back to the community.

In establishing the clinic, they face challenges such as cumbersome

administrative procedures for establishing a clinic and a worry of stability of
the clinic due to inactive involvement of lecturers and students, funds and
challenges associated with eligibility criteria.

123
http://main.mzumbe.ac.tz/index.php/aboutus-mu/introduction
124
Ibid
56
4.9.3. Muslim University of Morogoro (MUM)
a) Background information
The Muslim University of Morogoro was founded by the Muslim
Development Foundation (MDF) on 23rd October, 2004 by a Charter
proclaimed by MDF, proprietors of the University.125The University is located
to the north of the magnificent Uluguru Mountains, some 4 km from the
centre of Morogoro Municipality, about 100m off the Morogoro-Dodoma
highway and just about 10-minutes’ walk from the Msamvu bus terminal.
The campus occupies 21 hectares.126

The University provides undergraduate programs in different field of studies

including science, social science, arts and Islamic religion. It provides
certificates, diploma and degrees.127

b) Legal Aid at MUM

Like Mzumbe and Dodoma University, legal services are available from
individual lecturers but the university has no established legal aid clinic.
They plan to have a clinic after two years. They believe that the clinic is
important because it will serve indigents with legal problems, act as a
charity to the community and more important will tighten the relationship
between the university and the community.

Challenges they are facing are shortage of funds to recruit staff and legal
officers, curriculum problem between Islamic Laws and common law in
terms of administration and administrative procedures for establishing a
clinic. The university needs to build up its capacity before it can establish a
clinic.

125
http://www.mum.ac.tz/index.php/en/
126
Ibid
127
Ibid
57
4.9.1. St. Augustine University of Tanzania, Mwanza (SAUT)
a) Background information
St. Augustine University of Tanzania, established in 1998, is an independent
higher learning institution governed by the Board of Trustees and the
University Council under the Catholic Bishops of Tanzania (Tanzania
Episcopal Conference).128 The University is accredited holding a certificate of
Accreditation granted by the higher Education Accreditation Council of
Tanzania (currently known as the Tanzania Commission for Universities) on
25th September, 2002 in accordance with the provisions of the Educational
(Amendment) Act No. 10 of 1995.129

b) Legal Aid at SAUT

The university has a centre for human rights which among other things
provides legal aid to indigents. The respondent did not know exactly when
the centre was established but stated that it was in operation before 2010.
The centre objectives are provision of legal aid services within the lake
region, to handle issues of human rights and public sensitization especially
on land rights. The activities involved in the clinic are provision of legal aid
services and civic education.

The centre offers its services on daily basis from 09:00 am to 4:00 pm which
are free for everyone. No eligibility criteria. Approximately per month the
centre serves 6 people, majority of them being women and few men.
Common cases at the centre are land cases. . There is no codified code that
governs the provision of legal aid at the centre rather general knowledge as
those involved in the provision of legal aid services most of them are
advocates

The success of the centre in provision of legal aid services is average.

Currently the centre is not as strong as it used to be in 2010. The centre

128
http://www.saut.ac.tz/
129
Ibid
58
receives funds from university and donors. The biggest challenge for the
centre is shortage of resources particularly when the case is complicated.

Apart from legal aid, other public services offered by the university are
educating the public through media (Radio programs) and provision of loans
to graduates. While public service is an integral part of the university, it is
not specifically so for faculty of law.

Members of academic staffs involve in provision of legal aid services on

voluntary basis and currently 13 members are participating in the centre’s
activities, of which women are 3 and men are 10. However members are not
assessed for their involvement in legal aid. There will be added value for the
members of academic staffs to participate in the provision of legal aid
because it is the university belief that every academic member who is a
lawyer need to provide legal services to the community. The centre also has
non-academic staff who has been employment and the university pays him
purposely for legal aid works. (Administrator)

Students’ involvement is not mandatory but they benefit by getting to learn

the practical side of the law and open their minds on various human rights
issues. Also students perform outreach programs, researching and writing
journal. So far there are no volunteers but the door is open once they
showed up.

The centre does referral to TLS despite existence of other legal aid providers
within its locality: The Commission for human rights, Kuleana and Kivulini.
It is important for the clinic to handle referral from other legal aid providers
and paralegals. The centre is best suited to handle referral on areas of
land/mining and environment, family/matrimonial, labour and access to
justice.

Apart from legal aid, the centre also engages in public sensitization and
outreach in rural areas. So far the centre has succeeded to reach many
people through legal aid program and civic education program. Challenge is
busy schedule (academic staffs).

59
4.9.4. Local Human rights NGOs and Paralegal Organisations
Local NGO and paralegal organisation visited are Morogoro paralegal,
Tanzania Paralegal Network (TAPANET), Tanzania Legal Aid Centre (TALAC)
and Kivulini Women Rights Organisation.

On availability and provision of legal aid service in Tanzania they indicate

that legal aid clinic/ centres have helped many to realize their rights.
However its availability is very limited particularly in rural areas because
many legal aid centres are based in town. Also this service is limited
because almost all legal aid programs depend on donor’s money and this
threaten the sustainability of these programs.

Also it was suggested that apart from the government, other stakeholders in
the provision of legal aid are religious organisations, social workers offices,
ward tribunals, individuals with legal knowledge, police, media, tribal
leaders and paralegals.

On the role of Universities and other high learning institutions in the

provision of legal aid, it was revealed that these institutions are better
position in the provision of legal aid because they have resources (Teaching
staffs and students), producing graduates who will serve their communities
on various issues and they can conduct research and educational programs.

Based on responses from our respondents, the following higher learning

institutions teach law; UDOM, Open University (Dom), Mzumbe University
(Morogoro), Muslim University of Morogoro, St, Augustine (Mwanza), St.
John’s University of Tanzania, Jordan University. Among these, ony Open
University (Dom) and St. Augustine (Mwanza) have been mentioned to have
legal aid clinics. However they failed to state what kind of services the clinics
offer.

The respondents suggested other activities that university based legal aid
clinics should be doing, which includes; Provision of legal education through
workshop and seminars, they have to extend their services beyond the

60
university particularly in rural areas, research and educating their
community through radio programs

4.9.5. Findings from the Universities Surrounding Communities in

Morogoro, Dodoma and Mwanza Regions
a) University of Dodoma (UDOM)
Seven people were interviewed of which four were men and three were
women. Among these 7 only three were able to explain correctly what legal
aid means. The other two confused legal aid with social assistance and the
remaining two did not know what legal aid is all about.

On whether they are aware of availability of legal aid services around their
community all the respondents except two were not aware of availability of
any form of legal aid assistance. And among the two who were aware of the
availability of legal aid services, one was beneficiary legal aid services from
NOLA and the other heard of it from his relatives.

Most respondents indicate that accessibility of legal aid services is very

limited and does not correspond to the social needs while others said the
services is not available at all. Also they indicate that low level of
understanding among the community members contributes to this problem.

b) Mzumbe University
Also seven people were interviewed of which two were men and five were
women. All respondents except one were not aware of availability of any
legal aid services around their community. The one who was aware of
availability of legal aid services said that she heard it from her friends and
the services are available at the ward office. Since they are not aware of
availability of legal aid services once faced with legal problem respondents
either resorted to local government leaders or find a lawyer if the matter is
complicated

On whether legal aid services are available and satisfy the social needs in
Tanzania almost all respondents replied that the services is very limited and
only available in towns but not in rural areas. Also many people have legal

61
problems but they are not aware of existence of these services, hence does
not satisfy social needs. However others pointed out that the service is not
available at all.

All respondents were aware of existence of Mzumbe University in their

locality and some pointed out that the university offers the following services
to the community; to help vulnerable children at Mzumbe primary School, to
support security services at Mzumbe primary School, it built toilets at
Mzumbe primary school and it did renovate Mzumbe primary school.

On provision of legal aid at the university, four respondents were not sure
whether the university provide legal aid or not while two respondents said
there is no legal aid clinic at the university.

c) Muslim University of Morogoro

Four people were interviewed of which two were men and the other two were
women. On whether they aware of availability of legal aid services around
their locality, all respondents replied no.When asked what they do once
faced with legal problem all respondents said that they either referred the
matter to police station or court of law when the issue is complicated. They
may also find a lawyer when they have a means to pay for the service. On
availability of legal aid services they pointed out that the available services
does not correspond to the community demands and is limited in town
areas

All respondents are aware of existence of Muslim University of Morogoro but

all of them do not know any public service which is offered by the university.
Also all of them were not sure if there are legal aid services offered by the
university.

d) Saint Augustine University of Tanzania

Four people were interviewed of which two were men and two were women.
All respondents were aware of availability and accessibility of legal aid
services from institution like NOLA, LHRC, Human Rights Centre and Social
Workers office and they received information about their existence either

62
from friends or direct from these organisations. Also legal aid services are
very limited and are not available in rural areas. Demandis higher compared
to the available services.

All respondents were aware of existence of St. Augustine University and the
following services are being offered by the university, legal aid services,
health services, radio station. Also all respondents were aware of availability
of legal aid services at the university except one who was not sure whether
the university provides legal aid or not.

Respondents have never been receiving legal aid services from the above
mentioned legal aid providers (university based clinics) hence they cannot
measure the quality of service provided there. University Based Clinic
sought to do the following apart from provision of legal aid services: health
services, participate in community projects, research, conduct educational
program, provision of social services, to expand their services outside the
university, advertise their services.

4.10. Zanzibar
Zanzibar is the semi-autonomous part of Tanzania in East Africa.130 It is
composed of the Zanzibar Archipelago in the Indian Ocean, off the coast of
the mainland, and consists of numerous small islands and two large ones:
Unguja (the main island, referred to informally as Zanzibar) and Pemba.131
The capital is Zanzibar City, located on the island of Unguja. Its historic
centre is Stone Town, which is a World Heritage Site.132 In Zanzibar, a visit
was done to higher learning institution, legal aid providers and the general
public.

130
http://en.wikipedia.org/wiki/Zanzibar
131
Ibid
132
Ibid
63
4.10.1. Zanzibar University
This is one of the higher learning institutions in Zanzibar, located in Unguja.
An interview was conducted with key informants, Dean of the faculty of law
Dr. Mohamed Makame.

This study found that the Zanzibar University does not provide any legal aid
services neither does it run a legal aid clinic. Despite the absence of the legal
aid clinic, the University of Zanzibar has plans to establish a legal aid Clinic.
Plans are to see that the clinic is operational in two years’ time.

Zanzibar University recognises the importance of running a university based

legal aid clinic as there are high demands for the services. In fact, Zanzibar
University is the only Higher Learning Institution which provides legal
studies in the isles. This makes it very important to run legal aid. Zanzibar
University sees lack of sufficient funds as the main challenge in establishing
legal aid clinic. However plans are in place to see that they overcome it.

4.10.2. Findings from Other Legal Aid Providers

Apart from the Zanzibar University, other LAPs were also contacted. These
included Zanzibar Female Lawyers Association (ZAFELA), which is a non-
profit organization formed for the sake of ensuring that women and children
are no longer victims of violence; and the Zanzibar Law society (ZLS).

4.10.2.1.1. Zanzibar Female Lawyers Association (ZAFELA)

ZAFELA is a non-profit organization established in 2003 and officially
registered in 2005 under the society Act No 6 of 1995.133 The idea of forming
this organization arose due to the many challenges faced by women and
children in the community.134 ZAFELA is formed for the sake of ensuring
that women and children are no longer victims of any form of violence by

133
http://www.zafela.org accessed October 30th 2014
134
Ibid
64
educating them for their civil and social rights, providing counselling and
safeguarding their future by creating awareness of their legal rights.135

At Zanzibar Female Lawyers Association (ZAFELA) the Legal Aid Committee

Zanzibar team managed to have interview with the executive director, Ms.
Jamila Mahamud. It was found that there is no enough availability of Legal
Aid services in Zanzibar due to the fact that the institution offering such
services are still few namely; Zanzibar Law society (ZLS), Zanzibar Legal
Services Centre (ZLSC) and ZAFELA itself.

The provision of legal aid services in Zanzibar is also faced with minimal
fund, few personnel and located in few areas. According to her even
Zanzibar Female Lawyers Association (ZAFELA) offices are located in Unguja
Only.

Since there are no university based legal aid clinics in Zanzibar, ZAFELA
doesn’t have any cooperation with these universities. However, ZAFEALA
collaborates with other legal aid providers namely; the Zanzibar legal Service
Centre (ZLSC), Zanzibar law Society (ZLS), Women Legal Aid Committee
(WLAC) and Tanzania Women Lawyers Association (TAWLA)

ZAFELA is faced with two major challenges; lack of sufficient funds to carry
on with its activities as well as lack of volunteers to work with

4.10.2.1.2. Zanzibar Law Society (ZLS)

Zanzibar Law Society is a non-profit organization registered by the Registrar

of Societies as per the Societies Act No 6 of 1995 in the year 1999.136 An
interview was done with Mr.Salim Mohammed Abdallah (ZLS Chief
Executive Officer) as well as questionnaires distributed, filled in and later
collected.

135
Ibid
136
http://www.ealawsociety.org/index.php/component/content/article/37-corporate-members-category/100-
zanzibar-law-society accessed on 28th October 2014
65
. The Bar Association in Zanzibar was suspended in 1964 and then re-
established on 1999 as a Non-Governmental Organization. However,
implementing its activities has been a problem because unlike Tanganyika
Law society (TLS), the Zanzibar Law society (ZLS) is not a statutory body,
thus the advocates are not bound by its decisions, rules or regulation. It
follows therefore that it does not provide legal aid services. However, ZLS
acknowledged that there are other legal aid providers, mostly NGOs, whose
services are nevertheless insufficient due to their great needs in the society.

ZLS appreciate the idea of having university based legal aid clinics as they
will help in raising public awareness since large part of the general public is
still not aware of the services. In fact, according to him this will be much
important than the Civil society Organizations which are now leading in
provision of the same services.

5. CONCLUSIONS AND RECOMMENDATIONS

5.1. CONCLUSIONS
The following conclusions are made basing on the findings discussed in the
previous chapter;

Very few universities have a legal aid clinic in Tanzania. These are the
University of Dar es Salaam, Open University of Tanzania, Saint Augustine
University of Tanzania, (Main Campus) Institute of Judicial Administration,
Ruaha Catholic University and University of Iringa. Apart from the
University of Dar es Salaam Legal Aid Clinic (LAC), most of these clinics
serve very few people, on average it is less than 10 people a month.

In the above mentioned Universities, legal aid is provided by members of

academic staff and other non-academic legal officers on voluntary basis. It is
neither part of academic members of staffs’ job description nor does it
account for their formal assessment. As a result, majority of members of
academic staff remain uninterested in the provision of legal aid.

66
Legal aid is not integrated in undergraduate legal training curricula. It is
therefore not a mandatory undertaking for both law teachers and students.
This takes away from legal aid a very significant source of human resource.
For instance, students could participate in legal aid provision as part of
their course work. In this way they could attend to indigent population in
need of legal services. As well, it would help create a generation of lawyers
who give the required value to legal aid provision or pro bono services.

Almost all university based legal aid clinics do not deal with criminal cases.
Matters that are mostly dealt with are civil and they include; land disputes,
probate and administration of estates, labour disputes and matrimonial
causes. This limits access to justice to the indigents faced with criminal
charges.

There is no established system for referrals. University based legal aid

clinics have the requisite human resource and facilities crucial in providing
assistance in solving difficult legal questions or cases faced by other legal
aid providers. Unfortunately, there is absence of a well laid down system for
referrals hence university based legal aid clinics rarely get to engage in this
important service in legal aid provision. For example, in this research it is
only the University of Dar es Salaam LAC that was reported to have engaged
in referrals with some of the few respondent legal aid providers.

There is a problem of sustainability in university based legal aid clinics.

Most suffer from insufficiency or unavailability of funds for day to day
activities. Most clinics run without financial support from the respective
university or faculty administration. Also, existence and active operation of
university based legal aid clinics depend on the commitment of the
incumbent leaders of the faculty of law in a particular time. The more
committed the leadership, the wider the chances of establishing and
maintaining a successfully legal aid clinic. This is seen where some clinics
have alternatively become dormant or active after change of administration.

Universities without a legal aid clinic have proved to understand and

appreciate the importance of establishing the same. They believe universities
67
should take an active role in ensuring that the poor and marginalized have
access to justice. All respondent universities without legal aid clinics shared
plans of establishing clinics within 2014-2016. However, most universities
were neither able to present a clear road map in achieving this goal nor were
they able to indicate a realistic time frame.

Apart from universities, this study has established that to a big extent legal
aid services in Tanzania are provided by non-governmental organisations
and civil society legal aid providers (LAPs).

Provision of legal aid by these LAPs is in a large part urban-based. Although

some of the LAPs have extended their services to the upcountry by opening
branches or using mobile centres, there is still a great need for legal aid
provision in rural or remote areas in the country.

Paralegal services have led to an increase in legal aid provision especially to

the indigent population in the upcountry. Paralegals play a significant role
in improving access to justice. However, they are not legally recognized.
Hence, there is a gap in policy and law necessary for creating a framework
through which paralegals can operate.

The response of people living in the community surrounding the respondent

universities showed that there is lack of awareness about legal aid and
provision of legal aid services. Only a few of the interviewed people could
answer the question ‘what is legal aid?’ This fact undermines efforts put
into ensuring access to justice for the indigents. Mostly because, when they
are faced with a legal challenge they are even not aware that they can be
legally aided to find a solution.

The most common challenge that cuts across all legal aid clinics is the lack
of sufficient funds. Legal aid is supposed to be free to the client but its
provision is costly to the provider. As legal aid clinics do not generate
income, there is need of external financial support. In most cases this
support is unsustainable, insufficient or unavailable. Hence this has become
an all season challenge against enhancement of access to justice.

68
5.2. RECOMMENDATIONS
Basing on the conclusions drawn above, it is recommended that;

i) All higher learning institutions teaching law in Tanzania should

establish a legal aid clinic for purposes of providing legal aid to the
indigent population. This is because University-based legal aid
clinics have a great potential in enhancing access to justice in
Tanzania.

ii) The Council for Legal Education should encourage universities to

offer clinical education.

iii) Legal aid should be incorporated into higher learning law teaching
curriculum in Tanzania. It should be made a core course so that all
law students are enabled to acquire theoretical and practical
knowledge on legal aid provision. Actual legal aid provision should
be part of their course work. This will serve to provide legal aid to
those in need and also create a pool of lawyers that are capable
and interested in legal aid provision.

69
iv) Law lecturers should not only instruct the legal aid provision
course but also actively be involved in provision of legal aid. To
ensure involvement, legal aid provision should be included as part
of their assessment criteria.

v) While LAS and TANLAP are already doing a good work, more
coordination of LAPs is needed in Tanzania. Coordination should
involve a closer regulation of LAPs operations. For example;
networking, LAPs operating in the same area must be aware of
each other and cooperate in the carrying out of their activities. This
will create a foundation for different LAPs to engage and assist
each other in provision of legal aid.

vi) A referral system/framework be created. Universities have a wealth

of human and facility resources that are essential in provision of
assistance to other LAPs through referrals. This can be done by
establishing a reliable framework through which other LAPs can
refer cases with difficult legal issues to university based legal aid
clinics. Universities are most adept in research, consultation and
training hence making university based legal aid clinics better
situated to work on referrals. As an effort towards enhancement of
access to justice, LAS and TANLAP should work on a legal and
practical framework to facilitate referrals among different legal aid
providers.

vii) A network of university legal aid providers be established.

Deans/Heads of university law faculties should create a forum with
the primary objective of ensuring establishment and maintenance
of legal aid clinics/centres in their universities. A network of these
clinics will provide a platform for sharing/exchanging legal aid
provision information, experience and resources. This will play a
significant role in enhancing access to justice in Tanzania.

viii) The State should play a more active role in provision of legal aid to
its citizens. It should ensure that an Act of Parliament to regulate
70
 legal aid provision and providers is enacted. Legal aid by the State
should extend to civil rather than criminal matters only as it is at
present. The state should also give its full support to the operation
of LAPs in Tanzania. This is because most LAPs are non-state
actors and they assist the State in its obligation to provide legal aid
to its citizens.

ix) Both the State and LAPs should strive to extend legal aid services to
rural areas. It is in these places where majority of poor Tanzanians
in need of legal aid are found.

x) Paralegals should legally be recognized and provided for since they

play an important role by generally raising human rights
awareness and assisting the indigent in accessing justice.

xi) Legal aid provision should be included in the bill of rights of the
new Constitution. Legal aid provision is not recognized as a right
under the 1977 URT Constitution. However, the current Proposed
Constitution of October 2014 under Article 14 (2) (d) provides for
enabling legal aid availability and provision to citizens who cannot
afford legal fees. Still, this Article is found under Chapter Two of
the Proposed Constitution providing for Directive Principles of State
Policy which are not enforceable. It is recommended that legal aid
should be made a right recognised and enforceable under the
Constitution.

xii) Some of court procedures be reformed in order to be user-friendly

to the poor and unlearned people. For example; procedures in filing
of documents and court proceedings, also adjournments and
delays in conclusion of cases. The court can do without
unnecessarily stressing on technicalities which pushes the
indigents from doors of justice.

71
Annex One: List of Contacted Persons from Higher Learning
Institutions
SN Name & Position Name of Contacts
of Contacted Institution
Person
1. Asina A. Omari University of P. O. Box 35093
Chairperson - LAC Dar es Salaam Dar es Salaam
+255 755 453 639
[email protected]
2. Barnabas Kaniki University of Tel: 022-2410463
Secretary - LAC Dar es Salaam Mob: +255 717 597 565
[email protected]
3. Deogratias Bwire University of Tel: 022-2410463
Volunteer - LAC Dar es Salaam [email protected]

4. Bernard Msalaba University of Tel: 022-2410463

Volunteer - LAC Dar es Salaam [email protected]

5. Dr Natujwa University of +255 716 318 044

Mvungi Bagamoyo [email protected]
Dean, College of
Law
6. Ms Theresia University of +255 756 517 173
Sawaya Bagamoyo [email protected]
Assistant
Lecturer, College
of Law
7. Mr Usante Mbata University of +255 757 062 273
Student Bagamoyo [email protected]
8. Phares Ossere University of Dar es Salaam
Student Bagamoyo
9. Mr Goodluck Law School of +255 783 678 606
Chuwa Tanzania [email protected]

72
 Head of Practical
Training
10. Mr Johnson Law School of [email protected]
Mungwe Tanzania
11. Mr Miruka B. Kampala +255 653 044 072
Dennis International [email protected]
Dean, Faculty of University, Dar
Law es Salaam
Constituent
College
12. Mr Joseph Sist Tumaini +255 784 444 627
Dean, Faculty of University Dar [email protected]
Law es Salaam
College
13. Mr Edwin Tumaini +255 766 398 434
Mugambila University Dar [email protected]
Chairperson, es Salaam
Student Law College
Society
14. Mr Mwenda Tumaini +255 752 074 101
Antony University Dar [email protected]
Moot Court es Salaam
Coodinator College
15. Mr Proches Ruaha +255 713 812 420
Tegamaisho Catholic [email protected]
Head, Public Law University
Department
16. Mr Henry University of +255 592 873
Mwinuka Iringa [email protected]
Assistant Lecturer
and Head of
Public Law

73
 Department
17. Mr Francis University of +255 767 333 778
Mugendi Kohi Iringa [email protected]
Assistant Lecturer
18. Mr Seme Yohana Mzumbe Mbeya
Deputy Principal University
Mbeya College
19. Ms Solana Mzumbe +255 763 770 561
Ndunguru University [email protected]
Assistant Lecturer Mbeya College
20. Mr Majura Mount Meru +255 768 272 979
Head, Faculty of University [email protected]
Business
21. Mr Benedict Maige Tumaini
Dean, Faculty of University [email protected]
Law Makumira
22. Ms Francisca Stella Maris
Ndakidemi Head, Mtwara [email protected]
Law Department University
College
23. Mr Alex Msalenge Stella Maris +255 784 665 057
Assistant Lecturer Mtwara [email protected]
University
College
24. Mr Moley Richard Stella Maris Mtwara
Lucas Mtwara
University
College
25. Mr Ignatus Stella Maris Mtwara
Alphonce Barongo Mtwara
Assistant Lecturer University
College
74
26. Hon Judge (rtd) Sebastian Lushoto, Tanga
Mushi Dean, Kolowa
Faculty of Law Memorial
University
27. Mr Khery Sanga Sebastian +255 784 676 148
Ag. Dean, Faculty Kolowa [email protected]
of Law Memorial
University
28. Mr Tumainieli Sebastian Lushoto, Tanga
Lyimo Kolowa
Head, Department Memorial
of Private Law University
29. Happiness Lujuna Sebastian Lushoto, Tanga
Head of Research, Kolowa
Faculty of Law Memorial
University
30. Mr Ntemi Institute of Lushoto, Tanga
Kilekamajenga, Judicial
Director of Studies Administration
and Deputy
Principal
31. Dr Calvin Institute of Lushoto, Tanga
Mandopi, Judicial
Executive Administration
Secretary, Legal
Aid Committee
from 2006 to 2010

32. Ms Mwanabaraka Institute of Lushoto, Tanga

Mnjuku Judicial
Head of Judicial Administration
and Legal Studies

75
 Department,
33. Prof Juma Muslim
Mikidadi, University of [email protected]
Professor of Morogoro
Shariah

34. Ramadhani Salim Muslim +255 719 129 536

Mapeyo University of [email protected]
Tutorial Assisatnt Morogoro
35. Mr Martin Mzumbe Morogoro
Massawe, Lecturer University

36. Mr Ombela John Mzumbe Morogoro

Lecturer University

37. Mr Ryoba Marwa University of +255 766 580 749

Assistant Lecturer Dodoma [email protected]
38. Mr Elia Mwanga University of
Assistant Lecturer Dodoma +255 786 513194
39. Dr George Saint +255 757 094 227
Mwaisondola Augustine [email protected]
Assistant Dean, University,
Academic Main Campus
40. Dr Mohammed University of +255 779 476 731
Makame Zanzibar [email protected]
Dean, Faculty of
Law

Annex Two: List of Contacted Persons from Other Legal Aid Providers
SN Name Organizat Position Region Contact
ion

76
1. Alphonce TLS Ag CEO DSM Plot No 391,
Gura Regent Estate,
Chato Street,
P.O. Box 2148,
Dar es Salaam,
Tanzania

+255 22
775313,
[email protected]
www.tls.or.tz
2. Ms Bahati TLS Programme DSM +255 22
Mwano Officer, 775313,
Legal Aid [email protected]
unit
3. Ms Celina TLS Trainee DSM
Kibasa Advocate, [email protected]
Legal Aid
Unit
4. Mr Fulgence LHRC Legal DSM Justice
Massawe Counsel in Mwalusanya
Charge House, Isere
Street House No.
660- Kinondoni
Area,

P. O. Box 79633
- Dar es Salaam

legalaid@human
rights.or.tz
5. Ms Grace LHRC Legal DSM legalaid@human
Mwanyamila Officer rights.or.tz

77
6. Ms Christina TANLAP Executive DSM P.O. Box 33856
Kamili Director Dar es Salaam
kamilichristina@
yahoo.com
7. Mr Winston WLAC Head of DSM P. O. Box 79212
Mosha Advocacy Dar es Salaam
Unit [email protected]
moshawinston@
gmail.com
8. Ms Edda TWCWC Executive DSM +255 754 333
Mariki Director 664
Edacha2012@ya
hoo.com
9. Mr Shilinde LHRC Legal Arusha
Ngalula Officer In legalaid@human
charge rights.or.tz
10. Mr TAWLA Legal Arusha +255 718 400
Mackphason Officer in 454
Mshana charge P. O. Box 996,
Arusha
11. Mr Ismail TAWLA Project Arusha +255 762 973
John Officer 419
P. O. Box 996,
Arusha
12. Ms Amanda TAWLA Legal Arusha +255 787 372
Evans Officer 508
P. O. Box 996,
Arusha
13. Ms Karida TAWLA Office Arusha P. O. Box 996,
Mlaki Manager Arusha
14. Ms Martha AWLAHU Coordinato Arusha +255 754 580
78
 Lyimo RIC r 756
arushaparalegal
[email protected]
15. Ms Jamila ZAFELA Executive Zanzibar Zanzibar Female
Mahmoud Director Lawyers
Association, P.O.
Box 815
Zanzibar
Email:
zafelamember@y
ahoo.com
Mpendae, New
Jang’ombe
Road, Opposite
Zantel Tower
16. Mr Salim ZLS Chief Zanzibar Zanzibar Law
Mohammed Executive Society (ZLS)
Abdallah Officer P.O. Box 3319
Zanzibar,
Tanzania.
Bwawani Hotel-
Ground Floor,
Suit No: 107
Tel/Fax: +255
24 2234890

Mobile: +255
777 240 403
17. Ms Flora Morogoro Executive Morogor P.O. Box 6584
Massoy, Paralegal Director o Morogoro
+255 754 477
928 or +255 759

79
 308 060
mrogoroparalega
[email protected]
18. Mr Augustino Morogoro Monitoring Morogor +255 683 683
Ernest Paralegal officer o 698
morogoroparaleg
[email protected]
19. Ms Happy TAPANET Coordinato Morogor [email protected]
Kikoga r o om

20. Godwin B. Tanzania Senior Dodoma +255 713 329

Ngongi Legal Aid Resident 276
Centre Legal [email protected]
(TALAC) Officer m
21. Nchimbi Tanzania Legal Dodoma +255 713 900
Keneth Legal Aid Officer 330
Centre [email protected]
m
22. John Malisa Kivulini Programme Mwanza P.O. Box 11348
Women Officer Mwanza
Rights +255 714 794
Associatio 869
n +255 753 777
472
[email protected]
z.org

23. Mr Mapunda Iringa Coordinato Iringa

Paralegal r
Centre
24. Joel LASWA Legal Iringa
Rweyemamu Advisor

80
25. Lucas LASWA Legal Iringa
Kidungu Officer
26. Nicas Mgimba Noble General Iringa
Legal And Secretary
Social Aid
Organizat
ion
27. Yassin Uddi Mbeya Legal Mbeya
Paralegal Officer
Unit
28. Jane Lawa Mbeya Legal Mbeya
Paralegal Officer
Unit
29. Mullowellah Mtwara Chief Mtwara +255 755 100
Abdallah Paralegal Executive 266
Mtenda Centre Officer +255 786 100
266
mtendah@gmail.
com
mtendah@hotma
il.com
30. Walter Mtwara Project Mtwara +255 232
Ngonyani Organisat Coordinato 334693
ion for r +255 783 450
Legal 400
Assistanc [email protected]
e (MOLA) rg
[email protected]
31. Shedrack Mtwara Field Legal Mtwara +255 232
Rweikiza Organizat Officer 334693
ion for +255 783 450
Legal Aid 400

81
 [email protected]

Annex Three: List of Contacted Persons from Communities Surrounding

Universities
SN Name Region Contacts

1. Judith Kumwembe Mtwara P.O. Box 802

Mtwara

2. Gibon Hebron Mzumbe, Mbeya

Mwaitulo
3. Suzan Charles Mbeya +255 535 409

4. Farida Kigeleswa Iringa +255 654 270 479

5. Jonisa Chalamila Kiesa Kilolo, Iringa +255 756 309 797

6. Maria Sanga Kiesa Kilolo, Iringa +255 763 998 657

7. Taifa Fungo Iringa +255 764 836 701

8. Gamaliel Moshi Iringa +255 784 769337

9. Catherine Mbilo Iringa

10. Zela Isaya Iringa +255 766 310 791

11. Sekela Mwaikambo Mbeya

12. Erick Kalolo Iringa +255 755 806 585

13. Emmanuel Matimba Mbeya

14. Samuel Pius Ruaha, Iringa +255 752 083 358

15. Abdallah Hemed Kurasini, Dar es +255 654 985 924

Mambosasa Salaam

16. Erasto Emmanuel Manzese, Dar es +255 752 875 637

Salaam

82
17. Bedson Chidumile Makuru, Dodoma +255 654 601 111

18. Magreth Richard Makuru, Dodoma +255 769 518 197

19. Tawa Mwagumi Dodoma +255 653 375 176

20. Catherine Bernard Mvomero, Morogoro

21. Zainab Juma Mzumbe, Morogoro

22. Sifa Omary Kibaya Mzumbe, Morogoro

23. Rajab Tungwa Msamvu, Morogoro

24. Salome Steven Msamvu, Morogoro

25. Clemence Clelius Mtwara +255 765 863 329

83