MISC CIVIL CAUSE NO 7817 OF 2024
The composition and quorum requirements of the National Advocates Committee, as stipulated in section 4(5) of the Advocates Act, create a real danger of bias when the Attorney General is the complainant and the Deputy Attorney General and Director of Public Prosecutions are also conflicted. However, this situation is case-specific and does not render the statutory provisions unconstitutional in general. The anomaly can be addressed administratively, and alternative mechanisms exist under the Tanganyika Law Society (Ethics) Regulation, 2022.
Source excerpt
- Bias and impartiality
- Right to fair hearing
- Equality before the law
- Disciplinary proceedings
- Statutory interpretation