AN ANALYSIS OF LEGAL EDUCATION IN TANZANIA

By Andrea Beria M*.

May 2014

Education refers to the act or process of imparting or acquiring general knowledge, developing
the power of reasoning and judgment, and generally of preparing oneself or others intellectually
for mature life1. Education provides students with key skills to succeed in society and in life.
Without an appropriate education, individuals may face challenges obtaining employment and
other necessities. There is a great connection between education and success2. Legal education
then is a process that takes an ordinary human being, preferably a collage graduate, and turns
him or her into a person who thinks like a lawyer3. It is the education of individuals who intend
to become legal professionals or those who simply intend to use their law degree to some end,
either related to law (such as politics or academic) or business.

In order to become a member of legal profession in Tanzania one must go through legal
education. Legal education in Tanzania includes undergraduate programme (First degrees in law)
usually for four years, bar courses or post graduate program for vocational and legal training at
law school usually for 9 months leading to post graduate diploma in law, post graduate studies
this lead to higher academic degrees such as masters and doctorates, for more advanced
academic study and lastly continuing education and training for lawyers, judges and magistrates
to adopt new changes in legal profession normally offered through seminars.

In Tanzania and other countries, law has been a favorite choice for most arts oriented students
planning to join universities. For example in 1993, 300 students were enrolled in the Open
University of Tanzania that being a large number of students enrolled for law studies ever seen.
The number has now increased to over 800 per year4. Some of the reasons given by students who
want to pursue law career being high prestige, to get a well paid and respectable job and
possibilities of saving one’s society better as a lawyer. Both legal academics and centers

*Andrea Beria M. currently is a 4th Year law student at School of law St. Augustine University of Tanzania.
1
See http://dictionary.reference.com/browse/education accessed on 6th May 2014.
2
Dan Ahearn et al (2009), Education Law, A Career Guide, Harvard Law School, USA at p.1
3
Kay H, What is Legal Education? Georgia State University Law Review, Vol 6, Issue No 2, 1990 at p. 349.
4
Twaibu F (1997), Legal Profession in Tanzania, The Law and Practice, Mkuki na Nyota Publishers, Dar-es-salaam
at p. 164.
involved in running legal education programmes are increasingly coming to a consensus that
theoretical knowledge alone is deficient5.

The efficacy of any legal system is primarily determined by the legal institutions that comprises
it. At the same time the strength and validity of these institutions depends on the type of legal
education that lawyers receive. The tendency has been to consider legal education as a merely a
system of imparting theories of law and legal rules. A comprehensive legal education system
therefore is not only concerned with formal expositions of theoretical legal knowledge but of
necessity includes an initiation into the profession through which the aspiring lawyer is equipped
with the requisite professional rules and aptitudes6.

Unfortunately, in Tanzania, like in many other developing countries, the law and procedures are
complicated both in form and content. Hence, the law has become a domain of very few trained
specialists called lawyers, notwithstanding the fact that law affects everyone. This is a situation
where many people who are poor and cannot therefore pay for the specialized advice of lawyers
tend to find themselves unable to access legal services7. This and many other factors necessitated
the need for legal education in Tanzania.

ORDINARY EDUCATION

Legal Education in Tanzania cannot be divorced from other educational system as they share a
lot in common. Thus legal education in Tanzania starts with ordinary education. Tanzania
education system prior to entering university follows the 2-7-4-2 year’s pattern of English
system. This represents two years for pre primary school, seven years of primary school, four
years of ordinary level secondary school and two years of advanced level secondary school (also
known as High School which follows the Cambridge model). The system in Zanzibar is 11-2-28.
Students who have successfully completed advanced secondary education and who qualify with
good academic grades can also join a law degree courses offered at any of the Universities in the
country. Under ordinary education in Tanzania students are trained in language, civics,
geography, history, biology, physics, chemistry, mathematics and other social subjects.
5
Rwelamira M, Tanzania Legal Internship Programme, A New Horizon in Legal Education 1974 at p.30
6
Ib id.
7
Ishengoma S.K, Report on The Legal Reform Processes for The Recognition of Paralegals In Tanzania, Friedrich-
Ebert-Stiftung, Dar es Salaam, Tanzania 2011 at p.9.
8
Fauz T, op cit No. 3 at p.163
UNDERGRADUATE STUDIES

To pursue a legal career in Tanzania one may start with a Certificate in Law, particularly for
persons who have discontinued secondary education, followed by a Diploma in Law, a Degree in
law (LL.B) and continue with a Postgraduate studies. There are a number of Universities, which
offer courses in law in Tanzania such as the University of Dar es Salaam, Mzumbe University,
Open University, Tumaini University, St. Augustine University of Tanzania, Ruaha University
Collage under St. Augustine University of Tanzania and other institutes, which offer diploma in
law such as Mzumbe University and Lushoto Institute of Judicial Administration. Certificate in
Law courses are taught at the other institutes of learning such as the Police College and have
enabled successful candidates to pursue law degree courses9.

The first degree in law take three to four years in Tanzania depends on which university you
intend to pursue it. The entry requirements for a law degree in various universities in Tanzania
are that a student must obtain at least two principal pass in any A-Level subjects or equivalent.
Candidates must also have O- Level credit passes of at least ‘C’ in English10.

BAR COURSES

This involves vocational and legal training at law school. These studies normally take 9 months
to one year to which a successful student is awarded a post graduate diploma in legal practice.

Before 2007 any LL.B degree holder who has attended internship and Pupilage in two years can
apply to sit the Bar exam which is held three times a year. The Bar exam is an oral interview
conducted under a panel of the Council for Legal Education, which is composed of
representatives of the Chief Justice of the United Republic of Tanzania, the Attorney General of
the United Republic, the Dean of Faculty of Law, of the University of Dar Es Salaam, and two
representatives of the Law Society. A successful candidate is sworn in and enrolled as an
Advocate of the High Court of Tanzania and sub-ordinate Courts thereto11.

The Law School of Tanzania was established by the law school of Tanzania Act12which came
into force in 2nd May 2007. This was an important milestone toward improving practical skills of

9
http://www.nyulawglobal.org/globalex/tanzania.htm accessed on May 2, 2014.
10
See http://www.saut.ac.tz/law/ and http://www.tumainidsm.ac.tz/academic/entry_requirements.php accessed on 2
May 2014.
11
Op cit n.7
12
Act No.5 of 2007
aspiring lawyers in the country. Before the establishment of the school, aspiring lawyers were
trained in practical skills through the internship program run by the Attorney General’s chamber.
Latter on some universities adopted the externship system to impart practical skills to aspiring
lawyers. These systems have now been replaced by the practical legal training programme to be
run by the Law School. The School is under the Ministry of Constitutional Affairs and Justice13.

Presently the law school of Tanzania a offers one year practical legal training programme, which
is compulsory for any law graduate aspiring to be enrolled as an advocate o the High court o
Tanzania. This programme is divided into two semesters. The first semester covers classroom
instructions for up to twelve weeks while the second semester involves a period of clinical law
(field placement) followed by a written and oral exams. Successful candidates are awarded the
Post graduate diploma in legal practice14.

POST GRADUATE STUDIES

Once the student has a first degree, he/she is called a graduate and may choose to take a higher
degree (e.g. a Postgraduate Certificate, Postgraduate Diploma, Master’s Degree, PhD etc.).
He/she will then be called a postgraduate student15. In law post graduate studies includes studies
in Masters Degree in law [LLM], PhD in Law [LLD].

CONTINUING LEGAL EDUCATION AND TRAINING

The members of legal profession include judges, magistrates, advocates, state attorneys and law
teachers. The members of legal profession are required to undertake continuing training to adopt
new changes in their profession. It should be noted that legal profession is dynamic, the law
changes every day. The development of science and technology and adoption of new ways of
recording evidence in courts, new ways of conducting trials through digital means, development
of electronic evidence and other areas in law necessitated the need for continuing education to
members of legal profession. Continuing legal education is given to members of legal profession
in form of seminars or short courses offered by various educational institutions or organizations.
The main purpose of continuing legal education being to sharpens knowledge and skills of
members of legal profession on new changes in laws and procedures.

13
See http://lst.ac.tz/academics/programmes.php accessed on May 2, 2014.
14
Ib id.
15
http://www.ice.cam.ac.uk/faqs/3-credit-faqs/140-what-do-undergraduate-and-postgraduate-mean
THE HISTORY OF LEGAL EDUCATION IN TANZANIA.

Colonial and Post Colonial Era.

Before the establishment of local legal training in Tanzania, a prospective lawyer has to undergo
training abroad. The training was mostly in England and India. One has to attend University and
graduate with LLB Degree. In England the main system of training was at the Inns of courts.
Those who qualify as Barristers in England were required to stay in Tanganyika for six months
before they could petition for enrollment. The records shows that in Tanganyika there were 27
legal practitioners in 1929, 40 in 1936, 34 in 1948, 34 in 1949 and 113 in 195816.

The system of training at the Inns, however was inadequate and in appropriate for the focused
profession in the colonies. Most of the lawyers were trained in only one half of the task they
were called upon to carry out when they returned home. The Denning report noted that legal
education provided in England was inadequate and did not fully prepare a student for the practice
of law in their countries. The Denning committee recommends that one faculty of law would
suffice for the whole of East Africa17.

The post independence government’s policy of providing free education to all from primary
school to university has helped widen the base of educational system in Tanzania, including legal
education. More and more children of peasants, lower level workers and illiterate parents have
been able to pursue their studies without financial constraints, do well in secondary schools, take
law degree courses and ultimately become lawyers.

Tanzania was the first East African country to have its own law faculty. The faculty of Law
University of Dar es salaam started in 25th October 1961 as a part of the University of East
Africa following the recommendations of the Denning committee which recommend that one
faculty of law would suffice for the whole of East Africa. The whole of East Africa by then
depends on the faculty of law of University of Dar es salaam to train its lawyers until in 1970’s
after the collapse of the former East African Community where member states decide to establish
their own faculties of law. Law Nairobi University opened in 198318.

16
Op cit No. 4 at p. 160.
17
Report on the Committee on Legal Education for Students from Africa 1961.
18
Op cit No. 4 at p. 161-162
STAKE HOLDERS OF LEGAL EDUCATION IN TANZANIA

The Tanganyika Law Society

The Tanganyika Law Society is the Bar association of Tanzania Mainland, founded in 1954 by
an Act of Parliament - the Tanganyika Law Society Ordinance19. The Tanganyika Law Society is
currently governed by the Tanganyika Law Society Act20, which repealed the earlier legislation.

The main vision of Tanganyika Law Society includes among others to maintain and improve the
standards of conduct and learning of the legal profession in Tanzania and to facilitate the
acquisition of legal knowledge by members of the legal profession and others. These visions are
purely of facilitating legal education in the country21.

Among others Tanganyika Law Society facilitate the provision of continuing legal education to
its members and other judicial officers. In 2008 Tanganyika Law Society establishes a
Continuing Legal Education Programme (CLE) with a sole purpose of conducting seminars
which are practice-oriented aimed at sharpening the knowledge and skills of the legal
practitioners on various areas of law. Resource persons for this Seminar are qualified advocates
having experience of at least 5 years on the topic presented. This programme is now a mandatory
programme for every member of legal profession in Tanzania. To qualify for renewal of one’s
practicing certificate for the next following year, every advocate shall have accumulated in the
year preceding the year to which the renewal of the certificate relates, a minimum of 10 CLE
points22.

The Council for Legal Education

The Advocates Act23 establishes the Council for Legal Education under section 5A and provides
for its functions under section 5B. The council composed of the Chief Justice or his
representative; the Attorney-General or his representative; the Dean of the Faculty of Law of the
University of Dar es Salaam or his representative; and two practicing advocates elected by the
Law Society. The functions of the council as provided by the Act includes any function

19
Chapter 344 of the Laws.
20
Cap 307 R.E. 2002
21 th
See http://www.tls.or.tz/ accessed on 6 May 2014.
22 th
See http://www.tls.or.tz/?cle.html accessed on 6 May 2014.
23
Cap 341 RE 2002.
conferred upon it by or under the Advocates Act or any other law and to exercise general
supervision and control over legal education in Tanzania and to advise the Government in
relation thereto.

The legal definition of the functions of the council is ambiguous one. Perhaps because of the
ambiguity in the law establishing it and other administrative factors, the council’s involvement in
matters of legal education is very minimal. It also does little in advising the government, the
function which the law specifically imposes upon it. The only function of the council is to
examine those who petition to Chief Justice for admission to the Roll of Advocates24.

The Law Council

The Advocates Act25 creates a law council and gives its composition and functions. The
functions of the council includes among others to exercise through medium of legal education
committee supervision and control of legal profession’s education in the country, to advice and
made recommendations to the government on matters relating to profession of advocates, to
exercise general supervision and control over the provision of legal aid and advice to indigenous
persons etc. The council by these functions and many others participates in the provision of legal
education in Tanzania.

The Law Teacher

Legal profession in Tanzania provides for law teachers who teach at various institutions of
higher education, universities, colleges or school of law. They are either academically or
professionally qualified. Some teachers we have had experience in practice before entering the
teaching profession while others pursue teaching currier after extensive study of law. Law
teachers who teaches at various institutions of higher education normally possesses Masters
Degree in Law [LLM] or Doctorate Degree in Law [LLD]

24
Op cit n.4 at p. 178.
25
Cap 341 RE 2002
The Tanzania Women Judges Association

Tanzania Women Judges Association (TAWJA) is a professional association of women judges

and magistrates of all levels in the Judiciary of Tanzania formed in 2000. This association among
others composed of all the women Court of Appeal and High Court justices and women
registrars, resident, district and primary court magistrates have joined the association in large
numbers26.

Tanzania Women Judges Association specializes in disseminating human rights knowledge and
skills to judicial officers as part of continued judicial education. The training programs are
prepared and conducted by qualified trainers who successfully completed a training of trainer’s
course. The association facilitates its members to attend various seminars inside and outside the
nation to improve their legal skills and knowledge in law.

In the year 2001 to 2003 TAWJA starts the Jurisprudence of Equality Project (JEP) whereby six
women judges attended the International Association of Women Judges Training of Trainers
Workshop at Entebbe, Uganda. Also trainings were conducted to judges, magistrates and law
enforcers in Dar es Salaam, Mwanza, Arusha and Moshi High Court Zones which 230 judicial
offers and law enforcers acquired knowledge and skills in International, regional and domestic
human rights laws through JEP Seminars27.
The Legal and Human Rights Center [LHRC]

The Legal and Human Rights Centre (LHRC) is a private, autonomous, voluntary non-
governmental, non-partisan and non-profit sharing organization envisioning a just and equitable
society. It has a mission of empowering the people of Tanzania, so as to promote, reinforce and
safeguard human rights and good governance in the country. The broad objective is to create
legal and human rights awareness among the public and in particular the underprivileged section
of society through legal and civic education, advocacy linked with legal aid provision, research
and human rights monitoring.

26
See http://www.tawjatz.org/wp-content/uploads/2012/03/TAWJA-PROFILE.pdf
27
Ib id.
The Legal and Human Rights Centre (LHRC) was established in 1995 out of experiences and
lessons generated from The Tanzania Legal Education Trust (TANLET) and the Faculty of Law
of the University of Dar es Salaam (UDSM). The center offers legal and civic education,
advocacy, research, follow up of human rights abuses and provision of legal aid to victim28.

The center has been for a long time since its establishment one of the pioneers and stake holders
of legal education in the country offering seminars and internship programmes to members of
legal profession in Tanzania.

Conclusion:

Legal education in is the key engine of legal profession in any country. The practice of members
of legal profession in a county depends much on legal education. In Tanzania legal education
starts with ordinary education, university education, post graduates studies, bar courses and
higher degrees such as LLM and LLD. Various stake holders contributes to the development of
legal education in Tanzania over years. Still some improvements need to be done on how
Tanzania provides its legal education in order to coup up with the development of science and
technology.

28
See http://www.humanrights.or.tz/about-us/introduction-to-lhrc
BIBLIOGRAPHY

BOOKS

• Dan Ahearn et al (2009), Education Law, A Career Guide, Harvard Law School, USA.
• Kay H, What is Legal Education? Georgia State University Law Review, Vol 6, Issue No
2, 1990.
• Twaibu F (1997), Legal Profession in Tanzania, The Law and Practice, Mkuki na Nyota
Publishers, Dar-es-salaam.
• Rwelamira M, Tanzania Legal Internship Programme, A New Horizon in Legal
Education 1974.

WEBSITE SOURCES
• http://www.humanrights.or.tz/about-us/introduction-to-lhrc
• http://www.tawjatz.org/wp-content/uploads/2012/03/TAWJA-PROFILE.pdf
• http://www.tls.or.tz/?cle.htm
• http://www.saut.ac.tz/law/
• http://www.tumainidsm.ac.tz/academic/entry_requirements.php
• http://dictionary.reference.com/browse/education