The Office of the Attorney General (Discharge of Duties) Act, 2005
This section is an interpretation heading for Part II, Office of the Attorney General.
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About this statute
This section is an interpretation heading for Part II, Office of the Attorney General. Section 7 is titled “Deputy Attorney General and his functions.” Section 8 concerns the duties of the Offices of the Attorney General. This section is a heading about the appointment or employment of officers. 11. Relationship o f the Director o f Public Prosecutions and Attorney General. (b) Provisions in Relation to the M atters o f Legal Nature
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Provisions of The Office of the Attorney General (Discharge of Duties) Act, 2005
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Interpretation
AI-assisted research summary: This section is an interpretation heading for Part II, Office of the Attorney General.
3. Interpretation. PART II O f f i c e o f t h e A t t o r n e y G e n e r a l
Part
PART II
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Deputy Attorney General and his functions
AI-assisted research summary: Section 7 is titled “Deputy Attorney General and his functions.”
7. Deputy Attorney General and his functions. - 8 Verify source ↗
Duties o f the Offices of the Attorney General
AI-assisted research summary: Section 8 concerns the duties of the Offices of the Attorney General.
8. Duties o f the Offices of the Attorney General. - 9 Verify source ↗
Appointment or employment o f officers
AI-assisted research summary: This section is a heading about the appointment or employment of officers.
9. Appointment or employment o f officers. PART III F u n c t i o n s o f t h e O f f i c e o f t h e A t t o r n e y G e n e r a l (a) Special Provisions in Relation to the Director o f Public Prosecutions IQ. Functions and powers o f the Director of Public Prosecutions. - 4 Verify source ↗
The administration o f the Office o f the Attorney General, the
AI-assisted research summary: This provision says the administration of the Office of the Attorney General, its duties, its powers, and its relationship with other public-service legal officers are governed by this Act.
4. The administration o f the Office o f the Attorney General, the discharge of duties, the exercise o f the powers and the relationship of the Office o f the Attorney General with other officers discharging legal duties in the public service shall be governed by this Act. * - 5 Verify source ↗
{ 1) The Attorney General shall be the head o f the Office o f the
AI-assisted research summary: The Attorney General is the head of the Office of the Attorney General and, when appearing in court, has precedence and is the head of the bar. The same court-precedence rule also applies to the Deputy Attorney General, Law Officers, and State Attorneys when they appear for the Attorney General.
5.-{ 1) The Attorney General shall be the head o f the Office o f the Attorney General. (2) The Attorney General shall, by virtue o f his office, be the head of the bar and shall take precedence in court in all matters whenever he appears. i ; ’ Administra tion of the Office Attorney General and his functions t : I 1 (3) The provisions o f subsection (2) shall apply in relation to the Deputy Attorney General, Law Officers and State Attorneys appearing in court on behalf o f the Attorney General. I . > | j. - 6 Verify source ↗
In the discharge o f the functions under sub-article (3) o f Article
AI-assisted research summary: The Attorney General has several powers, including appearing in certain proceedings, requiring information from public officers, summoning public officers, issuing directions to legal officers in government bodies, and filing a certificate to move a case from a primary court to the District Court.
6. In the discharge o f the functions under sub-article (3) o f Article 59 of the Constitution, the Attorney General shall have and exercise the following powers: Powers o f the Attorney General (a) to appear at any stage o f any proceedings, appeal, execution or any incidental procedings before any court or tribunal in which by law the Attorney General’s right o f audience is excluded; (b) where a case in relation to any of the issues referred to in paragraph (a) is pending before a primary court, the Attorney General, a Law Officer or a State Attorney may file a certificate in the court requiring it to transfer the matter to the District Court with competent jurisdiction for further directions; , (c) to require any officer in the public service to furnish any information in relation to any matter which is the subject of legal advice; i * (d) to summon any officer in the public service to explain any matter which is the subject of litigation by or against the Government; 365 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 (e) to issue directions to any officer performing legal functions in any Ministry o f the Government, Government Departments or Government Agencies. Deputy Attorney General and his functions - 7 Verify source ↗
(1) The Deputy Attorney General shall carry out any function,
AI-assisted research summary: The Deputy Attorney General must perform the functions, duties, and powers directed by the Attorney General, and must carry out listed management, litigation, drafting, supervision, administration, and discipline responsibilities.
7.—(1) The Deputy Attorney General shall carry out any function, discharge any duty and exercise any power as may be directed by the Attorney General and shall: (a) be the administrative head o f the Office of the Attorney General; (b) take up and conduct litigation on behalf o f the Attorney General and for that purpose, to direct Law O fficers and State Attorneys who conduct litigation on that behalf; (c) carry out the general supervisory role o f legislative drafting of Bills and other legislative instruments; q (d) carry out the general supervision o f Law Officers and State Attorneys; 4 (e) administer legal functions performed by Law Officers and State A t t o r n e y s in t h e O f f i c e o f t h e A t t o r n e y G e n e r a l ; a n d I (f) be responsible for the discipline o f Law Officers and State Attorneys in the Office of the Attorney General. (2) In performing the duties stipulated under this Act, the Deputy Attorney General shall uphold the division o f duties and functions performed by officers in the Office of the Attorney General independent of others and those reserved to the Attorney General. - 8 Verify source ↗
( l ) Without prejudice to the general provisions o f Articles 59,
AI-assisted research summary: The Office of the Attorney General must carry out listed prosecution, legal advice, drafting, representation, and related functions, and the Attorney General must also perform certain functions of other offices.
8 . - ( l ) Without prejudice to the general provisions o f Articles 59, 59B of the constitution and any other provisions o f this Act, the duties o f the Office of the Attorney General shall be as follows to: (a) perform the functions of public prosecutions in accordance with the Constitution and any other written law; (b) control all criminal prosecutions in the country; (c) draft legislative proposals into B ills for enactm ent by Parliament; (d) advise the Government on any matter o f a civil nature including contracts, international agreements and treaties; (e) advise the G overnm ent on all m atters relatin g to the Constitution and human rights; 366 Duties of the Office o f the Attorney General No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 (f) represent the Government in courts o f law and tribunals in any suit or matter to which the Government is a party or has interest; (g) advice Government Ministries, Government Department and other Government institution and organisation on legislative process; (h) draft all legislative instruments and resolutions for ratification by the National Assembly; (i) to advise and find meaning out o f Parliamentary enactments; (j) perform any function as may be necessary for effective discharge of the duties and the exercise o f the powers o f the Attorney General. (2) In addition to the functions stipulated under subsection (1) o f this Act, the Attorney General shall peform the functions o f - (a) the Administrator General as stipulated under the Administrator General Ordinance, the Probate and Administration Ordinance and the Trustees Incorporation Ordinance; Cap. 27 Cap. 445 Cap. 375 (b) the Registrar General as stipulated under the Births and Deaths Ordinance, Law o f Marriage Act, 1971 and the Adoption Ordinance; (c) the Official Receiver as stipulated under the Bankruptcy Ordinance and the Companies Act, 2002; and (d) the Public Trustee as stipulated under the Public Trustee Ordinance. Cap. 108 Act No. 5 o f 1971 Cap. 335 Cap. 25 Cap. 212 Act No. 12 o f 2002 Cap. 31 - 9 Verify source ↗
There shall be employed or appointed in the Office o f the Attorney
AI-assisted research summary: The Office of the Attorney General, ministries, government departments, and agencies must employ or appoint officers whose titles match their functions and duties, as provided by this Act or other written law.
9. There shall be employed or appointed in the Office o f the Attorney General, M inistries o f the Government, Government Departments and Agencies, such officers o f the titles explanatory o f their functions and duties as prescribed by this Act or any other written law. Appoint ment or employ ment o f officers PART III F u n c t io n s o f t h e O f f ic e o f t h e A t t o r n e y G e n e r a l (a) Special Provisions in Relation to the Director o f Public Prosecutions
Part
PART III
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Relationship o f the Director o f Public Prosecutions and
AI-assisted research summary: 11. Relationship o f the Director o f Public Prosecutions and Attorney General. (b) Provisions in Relation to the M atters o f Legal Nature
11. Relationship o f the Director o f Public Prosecutions and Attorney General. (b) Provisions in Relation to the M atters o f Legal Nature - 12 Verify source ↗
Drafting and Publication o f Bills
AI-assisted research summary: Section heading for drafting and publication of bills.
12. Drafting and Publication o f Bills. 359 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 - 13 Verify source ↗
Supervision o f the Attorney General of the functions under
AI-assisted research summary: This section says the Attorney General supervises the functions under section 8.
13. Supervision o f the Attorney General of the functions under section 8. - 14 Verify source ↗
Discharge of duties of civil nature and constitutional nature
AI-assisted research summary: Section heading about discharge of duties of civil and constitutional nature in Part IV concerning the Attorney-General and other legal officers in the public service.
14. Discharge of duties of civil nature and constitutional nature. t ■ • ; ■ • , • i PART IV . j T h e A t t o r n f y - G e n e r a l a n d O t h e r L e g a l O f f i c e r s in t h e P u b l i c S e r v i c e - 10 Verify source ↗
(1) In addition to the functions stipulated under Article 59B of
AI-assisted research summary: The Director of Public Prosecutions must carry out listed prosecution-related functions and has powers to delegate, call for files, appoint prosecutors, issue directions, and direct investigative organs.
10.—(1) In addition to the functions stipulated under Article 59B of the Constitution, the Criminal Procedure Act, 1985 or any other written 367 Functions and powers o f the Director of Public prosecutions Act No. 9 o f 1985 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 law, the Director o f Public Prosecutions shall perform the following functions: (a) to supervise: (i) officers in the Directorate of Public Prosecutions in the discharge of prosecution duties; (ii) other officers or persons who conduct prosecutions on behalf of the Director o f Public Prosecutions by delegated authority or by specific appointment; (b) to co o rd in a te in v estig a tio n d u tie s co n d u cted by the investigative organs; (c) subject to the provisions o f section 7( 1 )(e) to enforce discipline o f officers conducting prosecutions under the directions of the Director of Public Prosecutions; and (d) to do any thing or m atter incidental to the conduct o f prosecution. (2) In the performance o f the functions stipulated in this section, the Director o f Public Prosecutions shall have the power to: (a) delegate to any Law Officer, State Attorney, officer employed in the service or any other person the powers to prosecute stipulated in the Constitution, the Criminal Procedure Act, 1985 or any other written law; (b) call any file from any organ charged with the duty to investigate crime; (c) appoint prosecutors in accordance with any other written law; (d) give directions to any officer to whom powers o f the Director o f Public Prosecutions have been delegated; and (e) direct investigative organs on any matter of a general or specific nature relating to investigation of crime. Act No. 9 o f 1985 (3) The D irector o f Public P ro secu tio n s shall rep resen t the Government in criminal appeals filed in the High Court and Court of Appeal. - 11 Verify source ↗
(1) The Director of Public Prosecutions shall have regard to
AI-assisted research summary: The Director of Public Prosecutions must follow general or specific directions from the Attorney General or Deputy Attorney General when they relate to government policy implementation or supervision of officers.
11.—(1) The Director of Public Prosecutions shall have regard to directions of a general or specific nature as may be given by the Attorney General or the Deputy Attorney General in relation to implementation o f Government policy or supervision of officers within the Directorate o f Public Prosecutions. R elation ship o f the Director • o f Public Prosecu tions and Attorney General 368 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 (2) Nothing in this section shall be construed as abrogating or in any way limiting the powers of the Director of Public Prosecutions in relation to the control of public prosecutions. (b) Provisions in Relation to Other M atters o f Legal Nature - 12 Verify source ↗
(1) The Attorney General shall, through the Chief Parliamentary
AI-assisted research summary: The Attorney General and the Chief Parliamentary Draftsman have roles in drafting legislative proposals, and the Bill must be published in the Gazette after Cabinet approval.
12.—(1) The Attorney General shall, through the Chief Parliamentary Draftsman, define drafting instructions and exercise exclusive mandate on drafting legislative proposals into Government Bills. (2) Where drafting instructions are received, the C hief Parliamentary Draftsman shall draft legislative proposals for approval by the Cabinet. (3) Where the Cabinet approves the draft legislative proposals, the Chief Parliamentary Draftsman shall cause the Bill to be published in the Gazette. (4) The term “drafting instructions” as used in this section means, directives given by the Cabinet for drafting legislative proposals into a Bill or by an authority delegated by Parliament through an enactment to make a subsidiary legislation. Drafting and publica tion o f Bills - 13 Verify source ↗
Section 13
AI-assisted research summary: The Attorney General must supervise the Administrator General when the Administrator General performs the functions listed in section 8(2).
13. The Attorney General shall supervise the Administrator General in the performance o f the functions stipulated under subsection (2) of section 8 of this Act. - 14 Verify source ↗
Section 14
AI-assisted research summary: The Attorney General must perform several legal and advisory functions for the Government.
14. In addition to the functions stipulated under the provisions of sections 12 and 13 o f this Act, the Attorney General shall perform the following functions: (a) advising the Government on civil, commercial and international matters; (b) negotiating agreements on behalf o f the Government; (c) advising the Government on Constitutional and human rights matters; (d) representing the Government in Courts and tribunals; (e) controlling delivery o f advice on m atters o f law to the Government, Government Departments, and Agencies; and 369 Supervision o f the Attorney General o f this Functions under section 8 Discharge o f duties o f civil nature and constitu tional nature No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 (f) coordinating reporting obligations to international human rights treaty bodies to which Tanzania is a member or on any matter which member states are required to report. PART IV T h e A t t o r n e y G e n e r a l a n d O t h e r L e g a l O f f ic e r s in t h e P u b l ic S e r v ic e Provision regarding legal officers and officers in Govern ment Functions to be performed by persons qualified in law
Part
PART IV
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Provision regarding legal officers and officers in Government
AI-assisted research summary: Section title about legal officers and officers in Government.
15. Provision regarding legal officers and officers in Government. - 16 Verify source ↗
Functions to be performed by persons qualified in law
AI-assisted research summary: This section is titled “Functions to be performed by persons qualified in law.”
16. Functions to be performed by persons qualified in law. - 17 Verify source ↗
Audience by Attorney General in matters of public interest, etc
AI-assisted research summary: This provision is a section heading about audience by the Attorney General in matters of public interest.
17. Audience by Attorney General in matters of public interest, etc. PART V L e g a l F u n c t i o n s o f t h e L o c a l G o v e r n m e n t A u t h o r i t i e s - 15 Verify source ↗
(1) There shall continue in existence in M inistries, Government
AI-assisted research summary: Legal officers continue to exist in Ministries, Government Departments, and Agencies, and the Attorney General may give them general or specific directions on how to perform their legal functions.
15.—(1) There shall continue in existence in M inistries, Government D epartm ents and Agencies, legal officers who by virtue o f their qualifications, job description and duties, perform legal functions. (2) The Attorney General shall have the power to issue directions either general or specific to any legal officer referred to in subsection (1) with regard to the manner o f performing the legal functions within their respective places o f employment. - 16 Verify source ↗
Section 16
AI-assisted research summary: The Attorney General may authorize certain public-service legal officers to perform AG functions, and the Deputy Attorney General may advise on appointing or placing lawyers as State Attorneys; a person does not become a Law Officer or State Attorney merely because their job includes legal work.
16.— (1) The functions which are, by the Constitution, this Act or by any other written law, required to be performed by or on behalf of the Attorney General, may be performed by a Law Officer or legal officer employed in the public service authorized by the Attorney General to perform the functions stipulated under subsection (2) o f section 8. (2) The Deputy Attorney General may, after consultation with administrative head of any Ministry, Government Department or Agency, advise the Attorney General to: (a) appoint any person from within such Ministry, Government D e p a rtm en t or A gency w ho p o s s e s s e s the re q u is ite qualifications in law, to be a State Attorney; or (b) place in the Ministry, Government Department or Agency a Law Officer or a State Attorney who is ordinarily employed in the Office o f the Attorney General. (3) A person shall not become a Law Officer or a State Attorney only for the reason that his job description includes performing legal functions unless that person has been appointed or placed as such in accordance with subsection (2). (4) For the avoidance o f doubt, nothing in this Act shall entitle any officer who is not qualified in law to perform legal functions in the public service. 370 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 - 17 Verify source ↗
(1) Notwithstanding the provisions o f any written law to the
AI-assisted research summary: The Attorney General may appear in certain public-interest or public-property proceedings and related government matters, and must notify and satisfy the relevant court or administrative body before joining.
17.—(1) Notwithstanding the provisions o f any written law to the contrary, the Attorney General shall have the right o f audience in proceedings o f any suit inquiry on administrative body which the Attorney General co n sid ers-' (a) to be of public interest or involves public property; or (b) to involve the legslative, the judiciary or an independent department or agency o f the Government. Audience by Attorney General in matters of public interest, etc. (2) In the exercise o f the powers vested in the Attorney General with regards to the provisions of subsection (1), the Attorney General shall: (a) notify any court, tribunal or any other administrative body of the intention to be joined to the suit, inquiry or administrative proceedings; and (b) satisfy the court, tribunal or any other administrative body of the public interest or public property involved, and comply with any direction o f the court, tribunal or any such other administrative body on the nature o f pleadings or measures to be taken for purposes o f giving effect to the effective discharge o f the duties of the Office of the Attorney General. (3) Where a suit, inquiry or any other proceedings is pending before the court, tribunal or any other administrative body to which the Law Officer or the State Attorney do not have a right of audience, it shall be sufficient for such Law Officer or State Attorney to file a certificate of the i n t e n t i o n o f the A t t o r n e y General to be joined and the court, tribunal or any such administrative body shall immediately forward the record o f the proceedings to the nearest coijrt, tribunal or administrative body for purposes of enabling such Law Officer or State Attorney to appear. L e g a l F u n c t io n s o f t h e L o c a l G o v e r n m e n t A u t h o r it ie s PART V
Part
PART V
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Appointment o f a Law Officer for local government authorities
AI-assisted research summary: Section 18 is titled “Appointment of a Law Officer for local government authorities.”
18. Appointment o f a Law Officer for local government authorities. ;; PART VI C o n t r o l o f t h e P e r f o r m a n c e o f F u n c t i o n s a n d t h e D i s c h a r g e o f D u t i e s o f t h e A t t o r n e y G e n e r a l - 18 Verify source ↗
( 1) There shall continue in existence in the Ministry responsible
AI-assisted research summary: This section keeps a Law Officer office in the local government ministry and sets out how a Law Officer may be appointed, what the Attorney General may direct, and the Law Officer’s right of audience in court.
18 .-( 1) There shall continue in existence in the Ministry responsible for local government authorities, an office of a Law Officer who shall be responsible for the coordination o f offices of all solicitors o f the local government authorities. (2) Where there is a need for appointing a Law Officer to head or to perform the functions referred to in subsection (1), the Deputy Attorney General may, after consultation with the Permanent Secretary o f the Ministry responsible for local government authority, advise the Attorney General to appoint such officer. 371 Appoint ment o f a Law Officer for local govern ment authorities No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 (3) Where, in pursuant to the provisions o f subsection (2), the Attorney General is satisfied by the need for appointment o f a Law Officer, he shall appoint a Law Officer from among the Law Officers or solicitors employed within the Ministry responsible for local government authorities or from the Office of the Attorney General. (4) A Law Officer appointed pursuant to the provisions of subsection (3) shall bear a title of any description that deposits the nature of the functions performed and the position held, provided however, that such title is commensurate to the structure of office acceptable by the Public Service Management Office. (5) In the coordination o f legal functions of the local government authorities, the Attorney General may issue any directive o f a general or specific nature concerning professional matters and the Law Officer shall cause such directive to be implemented. (6) The Law Officer appointed in accordance with this section shall have the right o f audience in any matter before the court in which a local government authority is a party. PART VI C o n t r o l o f t h e P e r f o r m a n c e o f F u n c t i o n s a n d t h e D i s c h a r g e o f D u t ie s o f t h e A t t o r n e y G e n e r a l 19. No Law Officer, State Attorney or legal officer shall render advice in any matter stipulated under this section without approval of the Attorney General, nam ely- (a) interpretation of the Constitution; (b) any matter relating to international agreements and treaties; (c)an y matter which the law reserves to the Attorney General.
Part
PART VI
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Reserve of matters to the Attorney General
AI-assisted research summary: This section is titled “Reserve of matters to the Attorney General.”
19. Reserve of matters to the Attorney General. - 21 Verify source ↗
Power to issue directives and practice notes
AI-assisted research summary: This section is about a power to issue directives and practice notes.
21. Power to issue directives and practice notes. - 22 Verify source ↗
Reference o f matter for opinion of the Attorney General
AI-assisted research summary: Section 22 concerns reference of a matter for the Attorney General’s opinion.
22. Reference o f matter for opinion of the Attorney General. - 23 Verify source ↗
Opinion of the Attorney General to be a position of the Government
AI-assisted research summary: This section states that the Attorney General’s opinion is a position of the Government.
23. Opinion of the Attorney General to be a position of the Government. R e c r u i t m e n t a n d C o d e o f E t h i c s f o r L e g a l O f f i c e r s PART VII - 20 Verify source ↗
( 1) The engagement o f consultants by any Ministry, Government
AI-assisted research summary: Ministries, Government Departments, and Agencies must get the Attorney General’s written approval before engaging consultants for legal services on issues that need consultancy.
20.-( 1) The engagement o f consultants by any Ministry, Government Department or Agency for rendering legal services shall be made after obtaining written approval o f the Attorney General in respect o f issues that require consultancy. Reserve o f matters to the Attorney General. Procedure of sourcing consul tancy (2) For the purpose of observing standards, maintaining qual-ty or capacity building, the Attorney General may- (a) direct a Law Officer, State Attorney or any legal officer to whom the piovisions o f this Act apply participate in the work o f the consultant; 372 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 (b) prescribe the terms and conditions for a Law Officer, State A ttorney or any legal officer who participates in such consultancy. - 21 Verify source ↗
(1) The Attorney General shall exercise powers, issue directives
AI-assisted research summary: The Attorney General may issue directives or practice notes to officers covered by the Act to maintain standards and uniformity, and may decide their form and manner.
21.—(1) The Attorney General shall exercise powers, issue directives or practice notes to any officer to whom this Act applies for the purpose of maintaining standards and uniformity. (2) The directives or practice notes issued pursuant to the provisions of subsection (1) shall be in such form and manner as the Attorney General may determine. Power to issue directives and practice notes (3) N otw ithstanding the provisions o f this section, all m atters regarding administration or discipline in respect of: (a) legal officers referred to under this Act shall be under the administrative control o f their respective employers; (b) Law Officers, State Attorneys and City, Municipal, District or town solicitors to the M inistry responsible for local government to whom this Act apply, shall be controlled by the Permanent Secretary of that Ministry; and (c) legal officers shall be under the supervision and control of the Permanent Secretary or the Head of Department or Agency to which they are employed. - 22 Verify source ↗
(1) Any Minister, Permanent Secretary, head o f Department or
AI-assisted research summary: Certain officials may seek the Attorney General’s opinion on any legal matter.
22.—(1) Any Minister, Permanent Secretary, head o f Department or Agency may refer or seek the opinion of the Attorney General on any legal matter. (2) When the opinion of the Attorney General is requested in relation to any matter reserved to the Attorney General, the M inister or the Permanent Secretary or the head of the Department or Agency shall state clearly the matter and issues involved together with any opinion that may have been given from within such Ministry, Government Department or Agency. - 23 Verify source ↗
(1) The opinion of the Attorney General given pursuant to the
AI-assisted research summary: The Attorney General’s opinion stays the Government’s position unless a court revises it or the Attorney General recalls it; officers who ignore it may face surcharge and discipline.
23.—(1) The opinion of the Attorney General given pursuant to the provisions of subsection (2) of this section shall remain the legal position of the Government on the matter unless it is otherwise revised by a court o f competent jurisdiction or otherwise recalled by the Attorney General at the instance of the Attorney General. (2) The Attorney General or the Deputy Attorney General may at the instance o f the Attorney General recall any opinion given by a Law Officer, a State Attorney or any officer in the public service which is made in the name of the Attorney General. 373 Reference o f matter for opinion o f the Attorney General Opinion o f the Attorney General to be a position o f the Govern ment No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 Act No. 7 o f 1970 G.N. No. 168 o f 2003 Q ualifica tions for em ploy ment and appoint ment o f law Officers and State Attorneys Appoint ment o f Officers in Govern ment to be State Attorney (3) An officer who makes a decision in disregard o f the opinion of the Attorney General: (a) on a matter that sustains loss to the Government, shall be surcharged or otherwise made to make good o f the loss sustained in addition to other appropriate disciplinary measures that may be taken against such officer; (b) in any other case, shall be a breach of discipline and may be dealt with according to the Public Service Regulations, 2003. R e c r u i t m e n t a n d C o d e o f E t h i c s f o r L e g a l O f f i c e r s PART VII
Part
PART VII
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Qualification for employment and appointment o f Law
AI-assisted research summary: This section concerns qualification for employment and appointment of Law Officers and State Attorneys.
24. Qualification for employment and appointment o f Law • i : • Officers and State Attorneys. - 25 Verify source ↗
Appointment o f Officers in Government to be
AI-assisted research summary: Section heading concerning the appointment of officers in government.
25. Appointment o f Officers in Government to be - 26 Verify source ↗
Register of Law Officers and State Attorneys
AI-assisted research summary: This section is titled “Register of Law Officers and State Attorneys.”
26. Register of Law Officers and State Attorneys. - 28 Verify source ↗
Sanctions for breach of the Code o f Ethics
AI-assisted research summary: This section concerns sanctions for breaching the Code of Ethics.
28. Sanctions for breach of the Code o f Ethics. - 29 Verify source ↗
Regulations
AI-assisted research summary: This provision is titled “Regulations,” but the supplied text does not include any actual regulatory rule.
29. Regulations. I; 360 Slate Attorneys. No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 PART VIII C o n s e q u e n t i a l A m e n d m e n t s - 24 Verify source ↗
(l) Subject to the procedure determined by the Public Service
AI-assisted research summary: The Deputy Attorney General must employ legally qualified law officers or state attorneys, the Attorney General must appoint them and set their functions, and appointment names must be published in the Gazette.
24.-(l) Subject to the procedure determined by the Public Service Management, the Deputy Attorney General shall employ legally qualified officer in law to be a Law Officer or a State Attorney. (2) A person shall be qualified for appointment as a Law Officer or a State Attorney who possesses a minimum o f a first degree in law or the equivalent qualification from an institution o f higher learning accredited or recognized as such by the competent authority. (3) Where a person takes up employment as a Law Officer or a State Attorney, the Attorney General shall, by an instrument under his hand, appoint that person to be a Law Officer or State Attorney, and in the same or subsequent instruments direct on the nature o f functions the officer will discharge. (4) The Deputy Attorney General shall cause to be published in the Gazette, the names of all persons appointed to be Law Officers and State Attorneys. - 25 Verify source ↗
(1) The Attorney General may upon the advice of the Deputy
AI-assisted research summary: The Attorney General may appoint qualified legal officers as Law Officers or State Attorneys, on the Deputy Attorney General’s advice.
25.—(1) The Attorney General may upon the advice of the Deputy Attorney General, appoint any legal officer in any Ministry, Government Department or Agency who possesses requisite qualifications in law to perform the functions of a Law Officer or a State Attorney. (2) A person appointed to be a Law Officer or a State Attorney pursuant to the provisions of subsection (1) shall perform functions and discharge duties on behalf of the Attorney General and shal1 closely observe directives and practice notes issued from time to time 374 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 - 26 Verify source ↗
(1) There shall be a Register into which shall be entered and
AI-assisted research summary: The Deputy Attorney General must keep and maintain a register of certain public service legal officers.
26.—(1) There shall be a Register into which shall be entered and kept particulars o f Law Officers and State Attorneys and other legal officers in the public service. (2) The Deputy Attorney General shall keep and maintain the Register of the Law Officers, State Attorneys and other legal officers in public service who perform the functions in accordance with this Act. (3) The Register shall contain names, qualifications titles and occupation of each o f such officers. Register o f Law Officers and State Attorneys - 27 Verify source ↗
(1) There shall be a Code of Ethics for Law Officers, State
AI-assisted research summary: A Code of Ethics applies to specified legal officers, and the Deputy Attorney General must enforce it under the Attorney General’s supervision.
27.—(1) There shall be a Code of Ethics for Law Officers, State Attorneys and all other legal officers in the Ministry, Government Departments and Agency. Code o f Ethics (2) The provisions of the Schedule to this Act shall constitute a Code o f Ethics for Law Officers, State Attorneys and other Legal Officers in the public service. (3) The D eputy A ttorney G eneral shall under the superintendence of the Attorney General enforce the Code of Ethics and for that purpose, control the discipline of Law Officers, State Attorneys to whom this Act apply. (4) Notwithstanding the Public Service Regulations, 2003, the A ttorney General may make rules for enforcement o f the Code o f Ethics with regards to professional discipline of the Law Officers, State Attorney and other legal officers to whom the Code of Ethics apply. G.N. No. 168 o f 2003 (5) Each Perm anent Secretary and every head o f the Department or Agency shall liase with the Deputy Attorney General in the administration of the Code of Ethics in respect o f legal officers employed in their respective offices. (6) The Attorney General may from time to time amend the provisions of the Schedule to this Act. - 28 Verify source ↗
(1) It shall be a professional misconduct for any Law Officer,
AI-assisted research summary: Certain legal officers must not breach the Code of Ethics, and breaches can trigger disciplinary action and dismissal.
28.—(1) It shall be a professional misconduct for any Law Officer, State Attorney or other legal officer to whom the Code o f Ethics applies to breach the Code o f Ethics. Sanctions for breach o f the Code o f Ethics (2) Any person who breaches the Code o f Ethics shall be liable to disciplinary action and the Deputy Attorney General may impose any punishment prescribed under the Public Service Regulations, 2003 including dismissal from the service. GN No. 168 o f 2003 375 18 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 (3) A person who is dismissed from the service by reason of breaching the Code o f Ethics thereby rendering him self liable for disciplinary action shall be stripped off by the Attorney General o f the status o f a Law Officer or a State Attorney as the case may be. (4) Where the breach of the Code o f Ethics is made by a legal officer employed outside the Office o f the Attorney General, the Deputy Attorney General may recommend to the Permanent Secretary or the head o f the Department or Agency concerned that appropriate disciplinary action to be taken against such o ffic er and the p ro v isio n s o f su b sectio n (3) shall accordingly apply to that legal officer. - 29 Verify source ↗
The M inister may make regulations for the better carrying out of
AI-assisted research summary: The Minister may make regulations to help carry out this Act.
29. The M inister may make regulations for the better carrying out of the provisions o f this Act. PART VIII C o n s e q u e n t ia l A m e n d m e n t s
Part
PART VIII
- 30 Verify source ↗
Amendment of the Advocates Act, Cap. 341
AI-assisted research summary: This section is titled as an amendment to the Advocates Act, Cap. 341.
30. Amendment of the Advocates Act, Cap. 341. - 31 Verify source ↗
Am endm ent o f the Local Governm ent (D istrict) A uthorities
AI-assisted research summary: 31. Am endm ent o f the Local Governm ent (D istrict) A uthorities Act, 1982.
31. Am endm ent o f the Local Governm ent (D istrict) A uthorities Act, 1982. - 32 Verify source ↗
A m endm ent o f the Local G overnm ent (U rban) A uthorities
AI-assisted research summary: The Act may be cited by its short title, and it starts on a date appointed by the Minister in the Gazette.
32. A m endm ent o f the Local G overnm ent (U rban) A uthorities Act, 1982. SCHEDULE CODE OF ETHICS AND PROFESSIONAL CON DU CT FOR LAW O FFICERS, STATE ATTORNEYS AND LEGAL OFFICERS IN THE PUBLIC SERVICE No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 No. 4 o f 2005 I A s s e n t , B e n ja m in W i l l i a m M k a p a , President 6th April, 2005 An Act to provide for the discharge of duties and the exercise of powers of the Attorney General, and to provide for the relationship of the Office of the Attorney General with other public offices and officers performing legal functions in the Government and local government authorities and to provide for related matters. [.............................................. ] E n a c t e d by Parliament o f the United Republic o f Tanzania. PARTI P r e l i m i n a r y P r o v i s i o n s l.-(l) This Act may be cited as the Office o f the Attorney General (Discharge o f Duties) Act, 2005. (2) This Act shall come into operation on such date as the M inister Short title and commence ment may, by notice in the Gazette, appoint. 363 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 Applica tion - 30 Verify source ↗
The Advocates Ordinance is amended by deleting paragraph (c)
AI-assisted research summary: This section amends the Advocates Ordinance by replacing paragraph (c) of section 3(2) with a new qualification description.
30. The Advocates Ordinance is amended by deleting paragraph (c) 0f subsection (2) of section 3 and substituting for it the following: (c) any person who is a holder o f law degree and w hdts a solicitor in any District Council or Township Authority established under the Local Government (District Authorities) Act, 1982 and in any city or urban authority established under the Local Government (Urban Authorities) Act, 1982. - 31 Verify source ↗
The Local Government (District) Authorities Act, 1982 is hereby
AI-assisted research summary: This provision amends the Local Government (District) Authorities Act, 1982, including a new definition of “solicitor,” a heading change, and a new section called “Appearance in Court.”
31. The Local Government (District) Authorities Act, 1982 is hereby amended: (a) in section 3, by inserting in the appropriate alphabetical arrangement the following definition: “ “solicitor” means any person duly qualified in law employed by a local government authority to discharge legal functions and includes an advocate engaged to represent a local government authority in court or tribunal;” (b) by deleting the word “L O C A L ” appearing in a heading to Part VIII and substituting for it the word “LEGAL”; 376 Regula- tions Amend- ment of the Advo cates Ordinance Cap. 341 A N of 1982 - Act No. 8 o f 1982 Amend- ment of the Local Govern- ment Authorities Act, No. 7 of IQS? No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 (c) by adding immediately after section 192 the following new section; “Appeara nce in C ourt” - 192A Verify source ↗
(1) Save as is otherw ise expressly provided,
AI-assisted research summary: Court appearance for a district or township authority must be made by an authorised solicitor, unless the provision’s exceptions apply. The Director of Public Prosecution may also delegate prosecutorial power to a solicitor, and a local government authority may in some cases be represented by specified legal officers.
192A.-(1) Save as is otherw ise expressly provided, appearance by or on behalf o f a district or township authority in any civil case or m atter in a court in which a local government authority is a party, shall be made by a solicitor authorised by a local government authority. (2) The Director o f Public Prosecution may under his hand and subject to such conditions, as may be specified, delegate to any solicitor the power to prosecute as stipulated in any written law. (3) Notwithstanding the provisions o f subsection (1), where a local government authority has not employed or engaged a solicitor or where, with respect to any proceedings in court to which a local government authority is a party, that local government authority may be represented by any Law officer, a State Attorney or a legal officer duly authorised in that behalf by the local government authority.” - 32 Verify source ↗
The Local Government (Urban) Authorities Act, 1982 is amended
AI-assisted research summary: Urban authorities must use an authorised solicitor for court appearances in civil matters, unless another express rule applies.
32. The Local Government (Urban) Authorities Act, 1982 is amended: (a) in section 3 by inserting in the appropriate alphabetical order the following definition: “ “solicitor” means any person qualified in law employed by a local government authority to discharge legal functions and includes an advocate engaged to represent a local government authority in court or tribunal;” (b) by adding immediately after section 107 the following new section: Amend ment o f the Local Govern ment (Urban) Authorities Act, 1982 Act No. 8 o f 1982 “A ppea rance in Court 1 0 7 A .-(1 ) Save as is otherw ise expressly provided, appearance by or on behalf of an urban authority in any civil case or matter in which an urban authority is a party, shall be made by a solicitor authorised in that behalf by a local Government Authority. (2) The Director o f Public Prosecutions may delegate to any s o lic ito r p o w ers to p ro se c u te s tip u la te d in the 377 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 Amend ment o f the Magis trates Court Act 1984 Act No. 2 o f 1984 Constitution, the Criminal Procedure Act, 1985 or any other written law. (3) Notwithstanding the provisions of subsection (1), where a local government authority has not employed or engaged a solicitor or where, with respect to any proceedings in court to which a local government authority is a party, that local government authority may be represented by any Law Officer, a State Attorney or a legal officer authorised in that behalf by the local government authority.” - 33 Verify source ↗
Section 33
AI-assisted research summary: This section amends section 18(1) of the Magistrates’ Courts Act, 1984 to add a new paragraph about proceedings where the Attorney General’s right of audience is excluded.
33. The M agistrates’ Courts Act, 1984 is hereby amended in section 18(1) by adding the following paragraph immediately below paragraph (d): “(e) in all proceedings in which the Attorney G eneral’s right of audiance is excluded. SCHEDULE (Made under section 27) C o d e o f E t h i c s a n d P r o f e s s i o n a l C o n d u c t f o r L a w O f f i c e r s , S t a t e A t t o r n e y s a n d L e g a l O f f i c e r s i n t h e P u b l i c S e r v i c e P r e a m b l e W h e r e a s integrity, probity and uprightness is prized quality in almost every sphere o f life; A n d W h e r e a s , there is a need for persons practising law or perform ing legal functions as State Attorneys in the Public Service to make a comm itment to the society to adhere to and attain high ethical standards o f conduct; A n d W h e r e a s , it is desirable that the standards o f conduct which a State Attorney should observe to be prescribed and published; N o w T h e r e f o r e , the Code o f Ethics and Professional C onduct for Law Officers, State Attorneys and Legal Officers in the Public Service provides thus: D e f i n i t i o n
Part
SCHEDULE
- 2 Verify source ↗
This Act shall apply to persons who perform or discharge legal
AI-assisted research summary: This Act applies to certain legal staff in the Attorney General’s Office and other public service offices who must seek or consult legal advice from that office because of their job description.
2. This Act shall apply to persons who perform or discharge legal functions in the Office of the Attorney General and other offices in the public service who, by virtue or nature of their job description are required to seek or consult for legal advice from the Office of the Attorney General. Interpreta - 3 Verify source ↗
In this Act, unless the context requires otherw ise
AI-assisted research summary: This section defines key terms used in the Act, including “Attorney General,” “Court,” “legal officer,” and “State Attorney.”
3. In this Act, unless the context requires otherw ise- tion “Act” means the Office of the Attorney General (Discharge of Duties) Act, 2005; “Administrator General” for the purpose o f this Act means the person discharging the functions stipulated under subsection (2) of section 8 and includes an officer discharging those functions on his behalf,” “Attorney General” has the meaning ascribed to it under Article 59 of the Constitution, and shall include, the Deputy Attorney General, Law Officers and State Attorneys when discharging the duties or exercising the powers of the Attorney-General; “Code o f Ethics” means the Code of Ethics for Law Officers, State Attorneys and Legal Officers in the public service; “C onstitution” means the C onstitution o f the U nited Republic o f Tanzania, 1977; “Court” means a court of law and includes a tribunal; “Deputy Attorney General” has the meaning ascribed to it under Article 59A o f the Constitution; “investigative organs” as used in this Act, means the Police Force, Prevention o f Corruption Bureau, Tanzania Revenue Authority, Immigration Department and other Government agencies charged with the functions o f detecting crimes; “Law Officer” has the meaning ascribed to it under the Interpretation Cap. 1 of Laws Act; “legal officer” means a holder of a duly recognized degree in law employed in the public service, other than the Office o f the Attorney General and includes a solicitor; “M inister” means the Minister responsible for legal affairs; “Office of the Attorney General” in relation to the functions of the Attorney General, means the Office established by Article 59( 1) of the Constitution; “public service” for the purpose o f the discharge o f the duties o f the Office of the Attorney General, means the service in the Ministry of the Government, Government Departments and Government Agencies; “State Attorney” means a person appointed as such under sectons 24 or 25 o f this Act; as such pursuant to the provisions o f this Act and includes, a Parliamentary Draftsman. 364 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 PART II O f f ic e o f t h e A t t o r n e y G e n e r a l • * i \ - 1 Verify source ↗
In this Code o f Ethics, unless the context requires otherwise
AI-assisted research summary: This section defines “public service” and “State Attorney” for the Code of Ethics, unless the context requires otherwise.
1. In this Code o f Ethics, unless the context requires otherwise - “public service” shall mean and include the M inistry o f Governm ent, Government Departm ent or Agency and local governm ent authorities; and “State A ttorney” has the meaning ascribcd to it under section 3 o f this Act. 378 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 A p p l i c a t i o n - 2 Verify source ↗
( l ) This Code o f Ethics shall apply to all Law Officers, State A ttorneys
AI-assisted research summary: This Code of Ethics applies to Law Officers, State Attorneys, and Legal Officers.
2 . - ( l ) This Code o f Ethics shall apply to all Law Officers, State A ttorneys and Legal Officers. (2) T his C ode o f E thics shall be supplem entary to the P ub lic Service Regulations, 2003 and the Rules o f Professional Conduct and Etiquette o f the Tanganyika Law Society. I n t e g r i t y - 3 Verify source ↗
(1) Every Law Officer, a State Attorney and a Legal Officer shall perform
AI-assisted research summary: Law Officers, State Attorneys, and Legal Officers must act with integrity and avoid conduct that could undermine trust or suggest corruption.
3.—(1) Every Law Officer, a State Attorney and a Legal Officer shall perform his functions and discharge duties with integrity. (2) E v e ry Law Officer, a State Attorney and a Legal Officer shall respect and comply with the laws o f the land and shall conduct him self both in private and official capacities in a manner that prom otes public confidence, the integrity o f the Public Service, Office o f the Attorney General and the legal profession. (3) E v e ry Law Officer, a State Attorney and Legal Officer shall not allow outside interest to compromise or in any way jeopardize the integrity o f the legal professional, independence or competence. (4) E v e ry Law Officer, a State Attorney and Legal Officer shall at all times observe a standard o f conduct that reflects credit on the legal profession and the public service and adm inistration o f justice generally. (5) E v e ry Law Officer, State Attorney and Legal Officer shall desist from conduct capable o f draw ing an impression o f being involved in corruption. - 4 Verify source ↗
Section 4
AI-assisted research summary: Law Officers, State Attorneys, and Legal Officers must be honest and candid when performing official duties.
4. E v e ry Law Officer, a State Attorney and a Legal Officer shall be honest and candid when discharging official duties. H o n e s t y C o m p e t e n c e - 5 Verify source ↗
( l ) E v e ry Law Officer, a State Attorney and a Legal Officer has a duty to
AI-assisted research summary: Law Officers, State Attorneys, and Legal Officers must perform their functions competently and handle matters without undue delay, risk, or unnecessary expense to the Government.
5 . - ( l ) E v e ry Law Officer, a State Attorney and a Legal Officer has a duty to the G overnm ent and the public to perform functions and discharge duties in a com petent manner. (2) E v e ry Law Officer, a State Attorney and a Legal Officer is obliged and expected to handle m atters w ithout undue delay, risk or unnecessary expense to the Government. Q u a l i t y o f S e r v i c e - 6 Verify source ↗
Section 6
AI-assisted research summary: A State Attorney must serve the Government and the public conscientiously, diligently, and efficiently to provide quality service.
6. A State A ttorney has a duty to serve the G overnm ent and the public in a conscientious, diligent and efficient manner in order to provide quality service. C o n f i d e n t i a l i t y - 7 Verify source ↗
E v e ry Law Officer, a State Attorney and a Legal Officer has a duty to hold in
AI-assisted research summary: Law Officers, State Attorneys, and Legal Officers must keep government and public information confidential when they learned it through office, unless the Attorney General authorizes disclosure or the law requires it.
7. E v e ry Law Officer, a State Attorney and a Legal Officer has a duty to hold in strict confidence all information concerning the business and affairs o f the Government and the public generally w here the information is acquired by virtue o f office and except where the disclosure is expressly or impliedly authorized by the Attorney General, or required by law. 379 No. 4 Office o f the Attorney General (Discharge o f Duties) 2005 J u s t i c e a n d t h e A d m i n i s t r a t i o n o f J u s t i c e - 8 Verify source ↗
Every Law Officer, a State Attorney and a Legal Officer has
AI-assisted research summary: Law officers, state attorneys, and legal officers must act honestly, respectfully, fairly, and in a way that supports justice.
8. Every Law Officer, a State Attorney and a Legal Officer has: (a) a duty to encourage public respect for justice and to uphold and try to improve the administration o f justice; (b) a duty to treat the court with candour, courtesy and respect and shall not attempt to influence court decisions by use o f deceptive or reprehensible methods; (c) a duty to deal with other lawyers fairly, courteously and in good faith; and (d) a duty to uphold the integrity and reputation o f the legal profession and prom oting principles o f fairness, justice and honesty. A p p r o p r i a t e P r e s e n t a t i o n a n d A t t i r e - 9 Verify source ↗
E v e ry Law Officer, a State Attorney and a Legal Officer shall at all time in and
AI-assisted research summary: Law Officers, State Attorneys, and Legal Officers must dress smartly and behave appropriately at all times, both at work and away from work.
9. E v e ry Law Officer, a State Attorney and a Legal Officer shall at all time in and outside the place o f work appear in smart, proper and decent dress and behave in a m anner befitting both the public service and the legal profession. W h e n D i s c h a r g i n g S p e c i f i c D u t i e s - 10 Verify source ↗
(1) When conducting prosecution, a State A ttorney shall
AI-assisted research summary: This section sets conduct rules for State Attorneys, a Parliamentary Draftsman, a Probate Officer, and a Law Officer in specified work contexts.
10.—(1) When conducting prosecution, a State A ttorney shall: (a) act fairly and dispassionately; (b) seek justice by leading a firm, fair and credible evidence; and (c) not compromise personal interest to interest o f the Republic. (2) When drafting legislative proposals, a Parliamentary Draftsman shall: (a) fairly and closely interpret Government decisions; (b) advise and influence on the prudential, logical and intelligible manner o f presenting Government Policies, into Bills or subsidiary legislation; and (c) not compromise personal interest to interest o f the client. (3) When dealing in matters o f probate and registration o f births and deaths, the Probate Officer, shall: (a) ensure that the best interest o f the testator and survivors are fairly met; (b) when issuing birth and death certificates, have regard to the public interest to prom ote peace and security by controlling immigrants; and (c) not compromise personal interest to interest o f the Government. (4) When conducting a case the Law Officer and a State A ttorney shall: (a) interpret provisions o f the law and decisions o f the courts in good faith; (b) ensure that the best interests o f the governm ent or com plainant are fairly met; and (c) not compromise personal interest to interests o f the client. P a s s e d in the National Assembly on the 9th February, 2005. D a m ia n S. F o k a , Clerk o f the National Assembly 380
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The Office of the Attorney General (Discharge of Duties) Act, 2005
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