What do our laws say about a Professional Advocate who Lies Under Oath?

nivoj.sued

JF-Expert Member
Jul 14, 2009
221
190
Hellow learned fellows,

I am a respondent in an Appeal to The High Court (Labour Division) representing myself, where the Appellant is represented by a professional Advocated.

What bothers me is not the fact that I don't have legal representation as I am proportionately competent to argue my case. My concern is that the Appellant's legal representative has supported an application for appeal with an affidavit in which he has intentionally made the following false claims:

1. That, the mediator was also an arbitrator in the same matter,
2. That, the mediator did not issue a certificate of mediation, and
3. That, the two issues above amounted to material irregularity that amounts to the breach of justice.


Both of the first two claims are utterly false, as the mediator and arbitrator were different and the mediation certificated was issued to both parties.

Moreover, the legal representative has, at all times been accompanied by the Appellant's HR representative, where the latter works for a religious institution which, essentially, is and ought to be an instrument of justice peace-building, and not an agent of conflict brewerying. Nonetheless, the HR representative condones this malicious strategy.

Under the legal framework governing the legal profession, and especially, the profession of legal advocacy, to which punshments can a an advocate who lies under oath be subjected?

Thanx.
 
Hellow learned fellows,

I am a respondent in an Appeal to The High Court (Labour Division) representing myself, where the Appellant is represented by a professional Advocated.

What bothers me is not the fact that I don't have legal representation as I am proportionately competent to argue my case. My concern is that the Appellant's legal representative has supported an application for appeal with an affidavit in which he has intentionally made the following false claims:

1. That, the mediator was also an arbitrator in the same matter,
2. That, the mediator did not issue a certificate of mediation, and
3. That, the two issues above amounted to material irregularity that amounts to the breach of justice.


Both of the first two claims are utterly false, as the mediator and arbitrator were different and the mediation certificated was issued to both parties.

Moreover, the legal representative has, at all times been accompanied by the Appellant's HR representative, where the latter works for a religious institution which, essentially, is and ought to be an instrument of justice peace-building, and not an agent of conflict brewerying. Nonetheless, the HR representative condones this malicious strategy.

Under the legal framework governing the legal profession, and especially, the profession of legal advocacy, to which punshments can a an advocate who lies under oath be subjected?

Thanx.
Basicall and legally speaking, there are two adverse consequence,

(1) He may be prosecuted for the offence of perjury (false testimony under oath) contrary to section 102 of penal code....

(2) The court may strike out the said affidavit as established by court of appeal in Civil application No. 21/01 – Ignazio Messina vs Willow Investments SPRL. CAT at Dar.
-An affidavit which is tainted with untruth is no affidavit at all and cannot be relied upon to support an application. - “ The rules governing the form of affidavits cannot be deliberately flouted in the hope that the court can always pick the seed from the chaff, but that would be abuse of the court process. The only assistance the Court can give in such a situation is to strike out the affidavit.”
 
Basicall and legally speaking, there are two adverse consequence,

(1) He may be prosecuted for the offence of perjury (false testimony under oath) contrary to section 102 of penal code....

(2) The court may strike out the said affidavit as established by court of appeal in Civil application No. 21/01 – Ignazio Messina vs Willow Investments SPRL. CAT at Dar.
-An affidavit which is tainted with untruth is no affidavit at all and cannot be relied upon to support an application. - “ The rules governing the form of affidavits cannot be deliberately flouted in the hope that the court can always pick the seed from the chaff, but that would be abuse of the court process. The only assistance the Court can give in such a situation is to strike out the affidavit.”
Hamna perjury hapo....hamna material lies za kusupport charges za perjury.

Sio kila ushahidi wa uongo mahakamani utasababisha charges za perjury....UONGO mwingine unaenda kwenye WEIGHT, CREDIBILITY and RELIABILITY.

Afu kama affidavit ya uongo...affidavit ni sworn testimory kama unavyotoa kwenye direct examinationa ambayo nyie mnaita examination in chief...sasa badala ya kulia lia haoo asubiri kwenye cross examination aoneshe uongo ni nn
 
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