An Analysis of Judicial Trends in Disciplining Unqualified Legal Practice in Tanzania

Abstract

This article has provided a considered analysis of
unqualified practice in Tanzania and the approach and
willingness of the judiciary in punishing it. Although the
Court of Appeal set its binding precedent in Edson Oswald
Mbogoro, it is the open door approach of this decision
which is largely responsible for the nuanced approach in
the discipline of advocates in Tanzania. The ensuing
approach of the judiciary has been to either punish
advocates alone, expunge the pleadings they have
prepared and thus prejudicing litigants, avoid any form of
punishment, or even issuing simple warning, and
sometimes assuming the misconduct never happened.
This represents mixed outcomes of unwillingness and
non-uniformity in enforcing disciplinary measures for
unqualified practice. Instead, the judiciary has been clear
in punishing innocent litigants for the mistakes of
advocates. This work recommends that upholding
documents unqualified persons have prepared is a good
practice in upholding the constitutional rights of innocent
litigants following the persuasive decision of Afriq
Engineering, save in cases of their complicity. The Article
hopes to inspire more debate on the subject and create