Wakuu, nimebahatika kuipata nakala ya barua ya malalamiko ya vijana wanaojiandaa kuingia School of Law,tuidodose....
THE LAW SCHOOL OF TANZANIA
“FOR WHOSE BENEFIT”[/CENTER]
A COMPREHENSIVE ANALYSIS AND RECOMMENDATIONS
By Law School Students 2008/09
2. FORMER SYSTEM
3. CURRENT SYSTEM
4. SHORTCOMMINGS OF THE CURRENT SYSTEM
5. EFFORTS DONE
The paper aims at expressing the law graduates discontent over the current practical legal training system under the purported discriminatory “Law School”. A comprehensive analysis is thoroughly made to the new system with regard to the former system.
It is a public awareness now that the so called “Law School of Tanzania” is 1 year old since its inauguration on 26th March 2008. The paper will therefore analyze the former system, the new system with it’s defects, efforts made to curb the defects and lastly suggestions and recommendations to all Actors specifically the government.
It worthy noting that the government through various statements committed itself that it will finance law graduates with tuition fees, accommodation, meal and stationary allowance. This stand is backed by various government statements concerning the issue of law school.
For instance, responding to TAHLISO (Tanzania Higher Learning Institutions Students’ Organizations). Refer documents of TAHLISO and ministry of higher education) specifically to point No. 7 of TAHLISO’s petition, the government clearly stipulated that agreements have been reached between the Higher Learning Students’ Loans Board and the Ministry of justice and Constitution so that the law school students could be afforded with loans to facilitate their trainings
Again, while compiling his 2008/2009 ministry’s budget debate, the minister for Justice and Constitution affirmed that the government has enough fund given by the ministry of Finance and Economy to finance law scholars. Ridiculously now students are compulsorily forced to pay for tuition fees and other requirements such as meal, accommodation and stationeries. Reference is made to Hansard of 14th August 2008 specifically page 167-168.
2. THE FORMER SYSTEM
Formerly, upon completion of his LLB, a graduate was supposed to go for practical legal training to either the AG chamber or High Court Registry in any party of the country which is easily accessible and convenient to him. He was not forced by the system to assemble to Dar es salaam for getting such trainings.
Under that system, all Law graduate were afforded with that right, there was no selection processes, no admission procedures and no any unjustifiably requirement for pursuing such trainings. The mandatory requirement was ONY the acquisition of LLB and not money.
Good enough, as other professions, a Law graduate was financially supported by the government under the Higher Learning Students’ Loans Board to cover for his living requirements.
3. THE CURRENT SYSTEM
The current system has come into effect after the enactment of The Law School of Tanzania Act No. 5 of 2007 hereinafter being referred to as the Act. The new system established the Law School of Tanzania.
Under this system, all law graduates are supposed to assemble to Dar es Salaam for their practical legal training.
People from far regions like Mara, Kigoma and Kagera are therefore forced to match to Dar es Salaam unjustifiably.
The system also establishes a mode of enrolment to the law school whereby money (tuition fee of Tsh. 1.6 Million) and not First Degree in Law (LLB) is the mandatory requirement.
The new system is primarily ridiculously hosted, managed and monopolized by the Faculty of Law University of Dar Es Salaam without any cooperation (actual or potential) with other Law faculties in the country. Reference is made to S. 15 of the Act
Under the new system, pursuant to S. 2 of the Act, the basic qualification for a law graduate to work as a public servant or as an advocate of the High Court he MUST undergo law school of which he must have 1.6 million as tuition fee (leave aside monies for transport, meals, accommodation, stationeries and special faculty requirements)
This simply means a rich graduate is potentially advantaged to pursue those trainings and poor graduates of which are majority of Tanzanians HAVE NOT, CAN NOT and WILL NOT access these critical trainings due to the mere fact that they are poor.
Law graduate from Zanzibar are also forced to undergo such trainings in the mainland despite the fact that Tanzania mainland and Tanzania Zanzibar are distinct in legal practice as they only merge at the Court of Appeal level.
4. SHORTCOMMINGS OF THE CURRENT SYSTEM
By merely referring to the above part, one can discover a lot of defects that the current system has come up with. Herein under, are some of the critical defects that are supposed to be immediately curbed.
First, the new system, forces all law graduates to assemble to Dar es Salaam for their practical legal training. As illustrated above, graduates from far regions like Mara, Kigoma and Kagera are therefore forced to match to Dar es Salaam unjustifiably contrary to the former system where a graduate was able to pursue such trainings wherever he is provided that there is AG chamber or High Court Registry.
Second, the new system also establishes a mode of enrolment to the law school whereby money (tuition fee of Tsh. 1.6 Million) and not First Degree in Law (LLB) is the mandatory requirement. Formerly, just as other professions, Law graduates were afforded with tuition fees by the government.
Third, the mere act of leaving the law school under the hands of faculty of Law of UDSM which as it has been pointed earlier that it hosts, manages and monopolizes the purported law school is ridicule to other Law faculties in the country. How special is UDSM faculty of Law’s Dean to be a statutory member of the Law School governing body? Are other universities’ Faculty of Law Deans incompetent?
Fourth, the new system, pursuant to S. 2 of the Act, clearly stipulates that the basic qualification for a law graduate to work as a public servant or as an advocate of the High Court he MUST undergo law school of which he must have 1.6 million as tuition fee (leave aside monies for transport, meals, accommodation, stationeries and special faculty requirements). If the government overlooked the implication of this system it shall come to its attention that this simply means a rich graduate is potentially advantaged to pursue practical training and poor graduates (of which are majority of Tanzanians) HAVE NOT, CAN NOT and WILL NOT access these critical trainings due to the mere fact that they are poor.
Fifth, the new system creates classes in the society by discriminating poor graduates from pursuing such trainings. Discrimination of any kind be it colour, race or status is contrary to the constitutional principles of justice and human rights as clearly enshrined under Article 13(4)
Sixth, amazingly, law graduate from Zanzibar are also forced to undergo such trainings in the mainland despite the fact that Tanzania mainland and Tanzania Zanzibar are distinct in legal practice as they only merge at the Court of Appeal level. Unless the legal system is integrated from the grassroots then the defects would not be of serious repercussions.
Practically, the law school of Tanzania has not and will not deliver anything productive for the public interest. Its establishment is a mere night dream. The best practice world over shows that law schools are established and managed by each accredited university. The current Law school that we currently have can not be of any help whatsoever rather than creating classes in society, chaos and unnecessary hardships to law Graduates.
With the above elaboration, it can shortly be said that, the purported law school of Tanzania lacks all qualifying characteristics of identifying it self as a law school due to fact that it has;
• inadequate facilities as it shares with UDSM
• inadequate human Resources as it uses UDSM human resources
• No permanent Address
• Poor preparation eg administrative cost ( law graduates are forced to pay tuition fee so that the school can be run)
• Little supervision on the part of the government
• Little attention and accountability on the party of the government
• No prescribed procedures for instance in admission(what is the qualification: money or LLB?), awarding (up to now the incumbent scholars have not graduated)
• No prescribed syllabuses
• No involvement of other accredited universities such as Mzumbe, Tumaini, OUT etc (is UDSM absolutely perfect? Are other universities imperfect?)
• No strong administration
• No room for all law graduates (what are selection procedures? Why are others not admitted? Why if one does not have money is not enrolled?)
• No feed placement for students. Students are supposed to find field placement by themselves contrary to the former system
5. EFFORTS DONE
In dealing with this contradicting matter, our efforts have been harmoniously carried distancing ourselves from violent means. We started with the office of the law school principal who statutorily is Secretary to the governing board of the law school as per S. 15(2) of the Act.
The acting principal Mr. Gabriel Ndika openly answered us that he has nothing to change as he is a junior officer who works under instructions, and that he had not received any directions on our favor.
When we failed to get satisfactory answers, we went to the ministry of Justice and Constitution to meet the minister. At first instance we did not get enough cooperation so we decided to go to the Prime Minister so that our fate will be determined. After some communications between Prime Minister’s office and the Ministry’s office we were told to return to the ministry.
Back to the ministry we were threatened by a certain officer, she tried even to call police to force us out of the ministry’s premises. We stood firm and “educated” her that we were there not for violence but for peace. After a stiff struggle with her we were then allowed to meet the Ministry’s Permanent Secretary who after a long discussion with us he said that the government had no money to finance us so we had to pay
We sensed that there was no good will to help us, so we started some communications with the prime minister’s office whereby at the end we were told that it has been directed that we should be admitted to studies upon paying Tsh. 500,000 as down payment. Still this is unjustifiably. Many poor have failed to pay; chances to those trainings have been secured by rich law graduates.
6.1 TO THE GOVERNMENT;
First, the government should intervene as soon as practicable so that all law graduates can access those trainings without any discrimination basing on financial status
Secondly, if unable to run the existing fictitious law school, the government shall immediately close and /or set proper Law schools in each accredited university which has Law faculties.
Third, the government through the Ministry of justice and constitution affairs, in collaboration with the office of Attorney General shall provide Maximum standards which each University Law school shall adhere. This will provide adequate supervision, imparting of knowledge concretely etc
Fourth, the government MUST make sure that other law faculties get equal footage as UDSM
Fifth, law school students MUST have representation in the law school governing board.
6.2 TO OTHER FACULTIES OF LAW EXCLUDING UDSM
Law faculties in Mzumbe, Tumaini, OUT, RUCO, as few to mention shall;
First, refrain from the sense of irresponsibility. It seems apparently that other universities’ law faculties had failed to appreciate their existence. It is inconceivable to be silent while their (fruits) students are unjustifiably tortured psychologically, financially and academically.
Second, take note that the tabloid Law school of Tanzania excludes them in running day to day activities and determine the fate of their students. Why aren’t you in the teaching staff? Can not you ask yourselves? Think and act
Third, to oppose under-estimation of your universities as the faculty of law in making sure that university of Dar es salaam does not have legal mandate and moral authority to monopolize and control Law school of Tanzania
6.3 FACULTY OF LAW UDSM
First, we strongly condemn this faculty for dumping its graduates (2008) while it guaranteed them for Law school (Reference is made to 2004 Prospectus.
Second, we strongly condemn the faculty’s monopoly of Law school of Tanzania. Where do you get that mandate? Are you too perfect to be granted that mandate?
Third, we strongly dispute this faculty’s post of permanent member of the governing member (Reference is made to S. 15 (1) (d). UDSM shall not wait to be challenged but it should morally challenge itself concerning this matter.
Fourth, we strongly condemn this faculty for engineering the establishment of law school. It is this trick which mislead the government and made it to act on that poor, unreasonable and unrealistic advice
Fifth, we strongly condemn this faculty for reducing enrolment of students as from 300 to 100(2008 /2009 ) unjustifiably. Technically so that you can get ample time to deal with law school
Sixth, we strongly condemn the faculty’s unrealistic advice to the government as it has tarnished the image of this esteemed faculty.
Seventh, we strongly recommend for maintenance of the Faculty’s reputation by praying for public sorry for the injustice, inconveniences and unnecessary troubles the faculty brought to firstly, its 2008 graduates and secondly all other University law graduates.
Eighth, we strongly advice the faculty to look for public interest as it previously did before its image was badly tarnished by the so called “Law school of Tanzania”
Nineth, we strongly recommended to the faculty to learn from other institutions of its age and establish Law school of its own-For this matter good example can be Kenyatta, Nairobi universities etc.
6.4 TO THE TANGANYIKA LAW SOCIETY
It is a shame that Tanganyika Law society is silent over this matter although it is fully informed. We hoped and expected TLS would have taken proper actions in condemning;
(i) Unconstitutional provisions of the Law school of Tanzania Act, 2007
(ii) Improper establishment and running of the so called Law school of Tanzania
(iii) Improper monopolization of the so called law school of Tanzania by the University of Dar es salaam.
(iv) Mishandling of law career by responsible organs, that is the Ministry of justice and constitution and the government itself.
In respect to this we,
(a) Urgently call for your concern on the matter.
(b) Condemn you for not taking any action against this gross violation of Human Rights
(c) Condemn you for your failure to advice the government positively on the matter.
6.6 TO ALL HUMAN RIGHTS AND ACTIVIST NGO, MASS MEDIA, AND THE PUBLIC IN GENERAL
i. We urgently call for your assistance in opposing segregation that is continuously done by law school
ii. We urgently call for your intervention in addressing this intolerable issue
iii. We call for your moral, material support etc in fighting against this tabloid issue
6.7 TO THE ATTORNEY GENERAL
i. We call for Protection of the Constitution of Tanzania you took an oath allegiance to protect it in all circumstances.
ii. We call for your immediate protection of Human rights that are violated under the auspicious of law school.
iii. We call for an in-deep scrutiny of the way the law school is running its affairs and the unlawful benefits the Faculty of law University of Dar es salaam is earning leaving aside its staff benefits
iv. We call for your overall concern over the governance and administration of the law school
1. Prime Minister
2. Speaker, Parliament of Tanzania
3. Chief Justice
4. Minister, Justice and Constitution
5. Attorney General
6. Principal, Law School of Tanzania
7. All Law Faculties in Tanzania
8. Tanganyika Law Society
9. European Union Embassy
10. Tanzania Law Reform Commission
11. The Commission for Human Rights and Good Governance
12. Human Rights and Activist NGO’s
13. Media Houses [/FONT]
Law school students under the leadership of
1. Nyembea Stanslaus
Email: [email protected]
2. Stephen Axwesso
Email: [email protected]
3. Mwakisu Bittony Henry
Email: [email protected]
4. Machere Suguta
Email: [email protected]