The Law School of Tanzania Act, 2007
This section appears to list headings for short title, commencement, application, and interpretation, but no operative rule is stated in the provided text.
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- The Law School of Tanzania Act, 2007
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About this statute
This section appears to list headings for short title, commencement, application, and interpretation, but no operative rule is stated in the provided text. This section lists topics about the School’s establishment, functions, branches, campuses, directorates, directors’ functions, and a practical legal training and examination committee. This section only gives headings for the Examination Committee, admissions and fees, and practical legal training. This section is titled “Appointment of the Principal. Employment of staff.” This section appears to cover the Governing Board’s powers and duties, remuneration, delegation of powers, indemnity of members, and rules for school administration.
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Provisions of The Law School of Tanzania Act, 2007
Showing 47 of 47
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Section 3
AI-assisted research summary: This section appears to list headings for short title, commencement, application, and interpretation, but no operative rule is stated in the provided text.
3. Short title and commencement. Application. Interpretation. P A R I' II Tin: L aw S chool - 9 Verify source ↗
Section 9
AI-assisted research summary: This section lists topics about the School’s establishment, functions, branches, campuses, directorates, directors’ functions, and a practical legal training and examination committee.
9. Establishment o f the School. Functions o f the School. Establishment of Branches and Campuses. Directorates o f the School. Functions o f the Directors. Establishment of Practical Legal Training and Examination Committee. - 12 Verify source ↗
Section 12
AI-assisted research summary: This section only gives headings for the Examination Committee, admissions and fees, and practical legal training.
12. Functions of the Examination Committee. Admissions and fees. Practical legal training. PA RT III A d m in is t r a t io n - 14 Verify source ↗
Section 14
AI-assisted research summary: This section is titled “Appointment of the Principal. Employment of staff.”
14. Appointment o f the Principal. Employment o f staff. 109 No. 5 Law School o f 'Tanzania 2007 - 20 Verify source ↗
Section 20
AI-assisted research summary: This section appears to cover the Governing Board’s powers and duties, remuneration, delegation of powers, indemnity of members, and rules for school administration.
20. Kstablishment of the Governing Board. Powers and duties o f the Governing Board. Remuneration. Delegation o f powers by the Governing Board. Indemnity o f members. Rules for School administration. PART IV F in a n c ia l P r o v is io n s 2 1. Funds of the School. r i
Part
PART IV
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Section 5
AI-assisted research summary: This section appears to list topics for annual budget estimates, accounts and audit, a financial report, and investments of the School.
5. r i r i Annual budget estimates. Accounts and audit. Financial report. Investments o f the School. PART V M iscei.i.enaeoi is Pr< )visi< >ns r ) n r i - 21 Verify source ↗
The funds and resources of the School shall consist of
AI-assisted research summary: The School’s funds and resources come from fees, parliamentary appropriations, Board borrowing, donations and similar inputs, and money payable to or vested in the School through its functions.
21. The funds and resources of the School shall consist of- (a) fees payable to the School: l lliuls nl I In- School (b) such sums as may be appropriated by Parliament for the purposes ofthc School; (c) such sums as the Governing Board may from time lo lime borrow for the purposes ofthc School: (d) such sums as may be received b\ the School through donations, grants, contributions, endow menls and such other similar financial inputs: and (c) such sums as may. in any manner become payable lo or vested in the School as a result or in the course o f discharging its functions. - 22 Verify source ↗
(I ) In this Act "financial year" means any period not exceeding
AI-assisted research summary: This section defines “financial year” and sets the budget process for the School, including preparation, adoption, ministerial approval, and limits on spending.
22.-(I ) In this Act "financial year" means any period not exceeding twelve consecutive months designated in that behalfb\ the Governing Board. Annual hi ill:'.cl estimates (2) At least two months before the commencement of any financial year budgeting circle, the Principal shall prepare or cause to be prepared for the consideration ofthc Governing Board estimates oflhe revenue and expenditure oflhe School for the ensuing financial year. (3) I he Governing Board shall, after receiving the estimates report under subsection (2). consider and adopt the estimates subject to such modifications and amendments as the Governing Board may consider appropriate. (4) The annual budget estimates shall contain provisions for all the estimated expenditure for the ensuing financial year and in parlicular- (a) the payment o f salaries, allowances and other charges in respect oflhe staff and the Governing Board and the Committee: No. 5 Law School ot Tanzania 200*7 (b) ihc pa\ mcnl of construction, improvement. maintenance .mil replacement of am building or other immovable prc>pem oflhe School: (c) the proper maintenance and rep!; equipment and other supplies ofthc c cut o f the furniture, (d) the management and implement:'.. practical training programmes: and (c) the creation of such reserve lime liabilities as the Governing Hoard m; . . I future contingent v ill. (5) No expendilure shall be incurred for ti-, eposes of the School except in accordance w ith the prov isions oi l: annual budget estimate.'. oran\ supplemental') budget estimates adopted b\ ihc Governing Board. (6) A cop) ofthc annual budget and of even supplementary biKlgci. estimate. if am shall, immediatel) after the Governing Board adeption be forwarded to the Minister. (7) I’hc Minister shall, upon receipt oftlv: 1 I budiii.-i estimates oi an) supplemental'} budget estimates, appro'. _ •Jisapprove the same or ma) approve subject to such amendments as he may deem lit (8) Where the Minister has approved am I ;ei estimates shall be an) supplemental'} budget estimates, such binding on the Governing Board which >ub ' lo subsection (9) .shall confine the disbursement w ilhin the items and th.c amounts conlained in the budget estimates or supplemental) budge: estimates as approved in the Minister. • 'I budget estimates or (9) The Governing Board may- (a) make disbursement with the sane u notwithstanding that such disbur in u riling ol the Minister i> not pro\ ided for in any budget: (b) transfer a sum from the amount of > any budget in respect of am item. l. .. such budget: or diture pro\ ided ior in n'ler item contained in Law' School o f Tanzania 2007 (e) adjust expc 'diture limits to take account ol'circumstanccs not reasonably foreseeable at the time the budget was prepared, subject to submission of supplementary budget to the Minister vv ith in two months of such alteration ofcxpcndilurc. - 23 Verify source ↗
(1) I he Govern
AI-assisted research summary: The Governing Board must keep proper accounts and records for the School, prepare annual balance sheets, get the accounts audited, and send audited copies to the Minister on time.
23.-(1) I he Govern Board shall cause to be provided and kept proper books o f aceum t - and records with respect to the receipt and expenditure of money b\ and other financial transactions of the School, Accounts and itudil and shall cause to be made lorcverv financial year a balance sheet showing the details ofthc income and expenditure oflhe School and all its assets and liabilities. (2) Within three m- miis after the close of each financial year the accounts including the balance sheet o flh e School in respect of that financial year shall iv > ibmitted to and audited by the Controller and \uditor General. (3) Such audited 1 . oe sheet shall be placed before a meeting ofthc Governing Board an.' '! opted bv the Governing Board shall be endorsed w ith a certificate that ii has been so adopted. ( i) As soon as the counts ofthc School have been audited and in a in case not later tliai. -ix months after the close of the financial year, the Governing Board slv.f submit to the Minister a cop\ of the audited statement oflhe acco nts together vv ith a copy ofthc report made by the auditor on the state; „ of accounts. - 24 Verify source ↗
(I ) I lie Min
AI-assisted research summary: The Minister must lay the report before the National Assembly after receiving it.
24.-(I ) I lie Min Kill after receiving the report, lav il before the National Assembly. (2) I lie report shall contain- (a) a cop\ ol'tli 'filed accounts of the School: (b) a copy of! ited report, if any: and (c) acopv oft: • the precediiv I regarding the activities ofthc School in neial v car. - 25 Verify source ↗
Section 25
AI-assisted research summary: The Governing Board may invest the School’s funds, but only with approval from the Minister responsible for finance.
25. I he Govci .ard shall, with the approval of the Minister responsible forfinaiie. =■ .vepowerlo invest the funds of the School. I'mancinl report ln\c>- tmcnls ol (lie School No. 5 Law School o f Tanzania 2007 Amcinimcnl ol llic Schcilnlc IK-1 ;i\\s PART V Mist ! 11 a n i o u s P r o v is io n s
Part
PART V
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Section 8
AI-assisted research summary: This section is titled “Amendment of the Schedule” and refers to by-laws and transitional and consequential amendments in Part VI.
8. Amendment of the Schedule. By-Laws. I ransitional provisions. T r a n s it io n a l A n d C o n s e q u e n t ia l A m e n d m e n t s PART VI - 26 Verify source ↗
Section 26
AI-assisted research summary: The Minister may change the Schedule by order published in the Gazette.
26. I he Minister may. by order published in the (iazetle. amend. var\ or alter the Schedule. - 27 Verify source ↗
(I ) The Governing Board may. w itli the approval of the Minister,
AI-assisted research summary: The Governing Board may make by-laws, but only with the Minister’s approval.
27.-(I ) The Governing Board may. w itli the approval of the Minister, make By-laws lor the better carrying out o f the purposes of fh is Act. (2) Without prejudice to the generality of subsection ( I ). the Governing Board may make By-law s- (a) prescribing awards w hich may be conferred or granted b\ the School: (b) prescribing the conditions which may be satisfied before the grant of particular aw ard: (c) prescribing instruction for programmes to be provided by the School: (d) regulating the conduct ofcxaminations: and (e) fixing the duration and number of practical training terms. I ransitional prov isions - 28 Verify source ↗
Section 28
AI-assisted research summary: Law graduates who completed the specified internship or externship are exempt from this Act’s requirements when the Act commences.
28. Upon commencement o f this Act. law graduates who have undergone internship programme conducted by the office of the Attorney General or externship programme conducted under the auspices of the UnivcrsitN o fl)a r cs Salaam shall be exempted from the requirements of this A ct.". No. 5 Law School o f Tanzania 2007 T k a n s i i 'iu n a i a n d C oN seni i :\t ia i A m i \ d .\ii m s PAR T VI 2l). I'his Pari shall be read as one with the Advocates Act hereinafter referred to as the "principal Act". - 30 Verify source ↗
The principal Act is amended by inserting the follow ins* provisions
AI-assisted research summary: The Permanent Secretariat must handle day-to-day Council administration and, during the interim period, allocate law graduates for practical legal training. Board members serve three years, may be reappointed, and may resign by written notice.
30. The principal Act is amended by inserting the follow ins* provisions immediately after section 5B: C 'O l l S t - ruetion Cap 3 11 Amend ment of Section 5 5 ('.-(I ) I here shall be a Permanent Secretariat which shall be responsible for the day to day administration and management of the Council. "lisiuhlish- mcnt of the Permanent Secretariat (2) During the interim period, the Permanent Secretarial shall be responsible for allocation of law graduates from accredited universities for purposes of undertaking practical legal training.” (3) I he " i n t e r i m period referred to in Subsection (2) means a period commencing from the date of coming into operation of the I .aw School of Tanzania Act. 2007 up to a dale on w hich the conduct of practical legal training shall commence.” 51). flic functions of the Permanent Secretarial shall be lo provide logistical and technical support to the Council in monitoring and control of practical legal training programme in Tanzania. Functions of the Permanent Secretariat m relation to the I .aw School. No. 5 Law School o f Tanzania 2007 sc i i .!•: M V! ! ! Its K 1.1 \l I I) l<> nil. ( i<)\ I K M N t i I J n \RI> (M ade iimlcr section 15(4)) tenure til office I -(1) Subject io the provisions of this Schedule even member of the Governing Board shall hold office for a period of three \ ears from the dale of his appointment but may be eligible for re-appointment for another period of three years. (2) Notw ithsianding subparagraph (1) of this paragraph, a member may resign at any time In gi\ ing notice in u riling to ihe appointing authority and from the date specified in the notice or. if no dale is so specified in the notice, from the date of the receipt of ihe notice In the appointing authority: he shall cease to be a member. (3) A person w ho is a member by viriue of his holding some other office shall cease to be a member upon his cessation lo hold the office by virtue of w hich he is a member termination of appointment - 2 Verify source ↗
Where am member of the C io\ cminu Board absents himself from three consecutive
AI-assisted research summary: If a Governing Board member misses three consecutive meetings without reasonable excuse, the Board must advise the appointing authority, which may end that member’s appointment and replace them.
2. Where am member of the C io\ cminu Board absents himself from three consecutive meetings of the ( io\erning Board u ithoui reasonable excuse, the Governing Board shall .:d\ ise the appointing authority who may terminate the appointment of such a member and appoint a new member in his place. W here a member ceases to he a member temporary member - 3 Verify source ↗
Where am member of ihe Governing Board ceases to be such a member b> resignation
AI-assisted research summary: If a Governing Board member stops serving because of resignation, death, absence, infirmity, or termination under paragraph 2, the appointing authority may appoint a replacement.
3. Where am member of ihe Governing Board ceases to be such a member b> resignation or death or is unable lo perform his functions as such member by reason of his absence from the Uniled Republic or In reason of any infirmity of body or mind or w here the appointing authority terminales his appointment under paragraph 2. the appointing authority may appoint another member in his place and the member so appointed shall, subject lo the pros isions of this Schedule, hold olfice for the remainder of the term of his predecessor. - 4 Verify source ↗
Where any member of ihe (ioverning Board oilier than Chairman is hy reason of
AI-assisted research summary: If a Governing Board member other than the Chairman cannot attend because of illness, infirmity, or absence from the United Republic, the appointing authority may appoint a temporary replacement.
4. Where any member of ihe (ioverning Board oilier than Chairman is hy reason of illness, infirmity or absence from ihe I Iniied Republic or is unable to attend any meeting of the ( ioverning Board, the appointing authority may appoint a temporary member in his place and such temporary member shall cease to hold office upon resumption of ihe substantive member. Vice- Chairman - 5 Verify source ↗
I he Governing Board shall eleel one of its members to be a Vice-Chairman, and
AI-assisted research summary: The Governing Board must elect one of its members as Vice-Chairman, and the Vice-Chairman serves for a term set by the Board and cannot be re-elected after that term. The Chairman presides at meetings, the Vice-Chairman presides if the Chairman is absent, and a temporary Chairman may be elected if both are absent.
5. I he Governing Board shall eleel one of its members to be a Vice-Chairman, and am member elected as a Vice Chairman shall, subject to his continuing to be a member hold ofliceol A lee-Clniinmm fora term to be fixed by the Governing Board, and shall In eligible for re-election al ter ihe end ol that period. Powers ol I hainnan and Vice- Chairman (>.-( I i I he Chairman shall preside at all meetings of the Gov erning Board. (2l W here at any meeting of the Governing Board the Chairman is absent the Vice-Chairman shall preside. (3) In ihe absence of both the Chairman and Vice-Chairman at any meeting of ihe ( iov erning Board the members present may from amongst their number elect a temporary ( haiiman w ho shall preside at that meeting.. 126 4* No. 5 Law' School o f Tanzania 2007 ( I ) I Ik * Chairman. Vice-Chairman or temporary Chairman presiding at am meeting ol’the Governing Hoard shall have a vote and in the event of an equality of votes, shall ha\ e a easting vole in addition to his deliberative vote. - 7 Verify source ↗
( I ) Subject to am general or specific direction of the Chairman, the Governing
AI-assisted research summary: The Governing Board must meet at least four times each financial year, the Chairman may fix additional meeting times, the Vice-Chairman presides if needed, and the Secretary must give members 14 days’ notice of each meeting.
7.-( I ) Subject to am general or specific direction of the Chairman, the Governing Board shall meet not less than lour times during every financial year and at such additional times as may fixed by the Chairman or if he is absent from the United Republic or unable for am reason to act. the Vice-Chairman shall preside over the meetings. (2) I he Secrelarv to the Governing Hoard shall give to each member of the lioanl fourteen dav s notice of the time, dale and place of every meeting of the Governing Hoard. Meeting and procedure of the Governing'. Hoard - 8 Verify source ↗
One half of the total number of members shall form a quorum fora meeting of the
AI-assisted research summary: A meeting of the Quorum Governing Board needs at least half of all members present to form a quorum.
8. One half of the total number of members shall form a quorum fora meeting of the Quorum Governing Hoard but certain decisions mav require a high number of members. - 9 Verify source ↗
Subject to the provisions relating to a casting vote, all questions at the meeting of
AI-assisted research summary: At the meeting, questions are decided by a majority of votes from members present, unless casting-vote rules apply.
9. Subject to the provisions relating to a casting vote, all questions at the meeting of the Gov erning Hoard shall be determined by the majority of the voles of the members present: and if am member refuses or fails to vote on am question, he shall be deemed to have cast a negative vote. Decision by v ote - 10 Verify source ↗
( I ) Notwithstanding the provisions of this Schedule decisions mav be made by
AI-assisted research summary: The Governing Board may make decisions without a meeting by circulating papers and collecting majority written views. Any Board member may require that such a decision be deferred and considered at a meeting. The Board may also determine the school seal’s shape, size, and form, and the seal is authorized by the Principal’s signature or an officer authorized by the Principal.
10.-( I ) Notwithstanding the provisions of this Schedule decisions mav be made by the Governing Hoard w ithout a meeting l\v circulation of the relevant papers among the members and the expression of the view s ol'the majority thereof in w riting. I )ccision hv circulation o f p a p e r s (2) Am member of the ( ioverning Hoard shall be entitled to require that am decision made under subparagraph ( I ) be deferred and the subject matter be considered at a meeting ol’the Gov erning Hoard. 1 1 I ) I he seal ol'the School shall be of such shape, size and form as the Governing Hoard mav determine. (2) I he seal shall be authorized by the signature ol'the Principal or any other officer ol'the School authorized bv the Principal in that behalf. - 12 Verify source ↗
All documents to which the School is a parly other than documents required by
AI-assisted research summary: Most School documents and Governing Board decisions may be signed by the Principal or an officer the Principal authorizes, except documents that must legally be under seal.
12. All documents to which the School is a parly other than documents required by law to be under seal and all decisions ol'the ( iov erning Hoard, mav be signified under the hand ol'the Principal or other officer of the School authorized l\v the Principal in that behalf. - 13 Verify source ↗
(I ) Minutes in proper form of each meeting ol'the ( ioverning Hoard shall be kept
AI-assisted research summary: The Governing Board must keep proper minutes of each meeting, confirm them at the meeting, have them signed by the chairman, and enter minutes of all proceedings in a dedicated book.
13.-(I ) Minutes in proper form of each meeting ol'the ( ioverning Hoard shall be kept and shall be confirmed l\v the ( ioverning Hoard at the meeting and signed bv the Chairman ol'the meeting. (2) The Governing Hoard shall cause minutes of all proceedings of meetings of the (ioverning Hoard to be entered in a book kept for that purpose. Seal ol'the School I'Nccution of* document Records of proceedings of the Governing Hoard 127 No; 5 Law School o f Tanzania 14. No act or proceeding of the Governing Hoard shall be invalid h\ reason ol’lhe number of members not being complete at the lime ofsuch acl or proceedings or ol'anv deled in ihe appointment of any member or ihe fact that an> member was at the time disqualified or disentitled to act as such. - 15 Verify source ↗
Subject to the provisions of this Schedule the (io\erning Hoard ma\ regulate its
AI-assisted research summary: The Governing Board may regulate its own proceedings, subject to this Schedule.
15. Subject to the provisions of this Schedule the (io\erning Hoard ma\ regulate its own proceedings. 2007 Proceedings not to be invalidated by irregularih (ioverning Hoard to regulate its proceedings Passed in the National Assembly on the 8lh February. 2007. D a m i.w S. L. I'o k a , ( '/erk o f the X a iio n a l. Issemhly
Part
PART VI
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Section 30
AI-assisted research summary: This section is a construction/amendment heading for Section 5.
30. Construction. Amendment o f Section 5. S C H F D lJL i: 110 No. 5 Lm v School o f Tanzania 2007 II- U N IT F D R E P U B L IC O F T A N Z A N IA No. 5 oi' 2007 A s s e n t . J a k a y a M r is h o K ik w e t e President 30"’ March, 2007 An Act to establish the Law School of Tanzania; to provide for its functions, management and control and to provide for related matters. L n a c t e d by Parliament o f the United Republic o f Tanzania. PART I P r e l im in a r y P r o v is io n s
Part
PART I
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( I ) This Act may be cited as the Law School of Tanzania Act, 2007. Shorl ,illc
AI-assisted research summary: This section gives the Act its short title and says it starts on a date the Minister appoints by Gazette notice.
1.-( I ) This Act may be cited as the Law School of Tanzania Act, 2007. Shorl ,illc . . . . . • • I . i . . (2) I Ins Act shall come into operation on such date as the Minister may, by notice in the Gazette, appoint. - 2 Verify source ↗
This Act shall apply to every person who is a law graduate from an
AI-assisted research summary: This provision says the Act applies to law graduates from accredited institutions who want to practise law in Tanzania, including as public servants or as advocates.
2. This Act shall apply to every person who is a law graduate from an accredited University or other Higher Learning Institution, awarding bachelor degree in law desiring to practice law in the United Republic of Tanzania, either as a public servant, and or as an advocate of the High Court of Tanzania and Courts subordinate thereto. and eomme- nccmcnt APP,li;al|on No. 5 Inlcrpic' l alum Cap 131 Law School o f Tanzania 2007 - 3 Verify source ↗
In this Act. unless the context requires otherwise
AI-assisted research summary: This section defines key terms used in the Act, including the Committee, Council, Directorate, degree, Governing Board, member, Minister, practical legal training, Principal, and School.
3. In this Act. unless the context requires otherwise - "Committee” means the Practical Legal Training and Lxamination Committee established under section 9 and includes a sub-committee: '‘Council" means the Council of Legal Education established under section 5A ofthe Advocates Act; “ Directorate" means a Directorate of the School pursuant to the provisions of section 7: "degree'* means an award of a bachelor degree in law of a full academic and. or professional qualification and competence upon successful completion of a duration of not less than three years for lull time students and live years for distance learners: "Governing Board" means the Board established by section 15: "member" means a member of the Governing Board and Committee: "Minister" means the Minister responsible for legal affairs; "practical legal training" means a training programme managed by the School aimed at imparting to a candidate practical legal skills, knowledge, ethics and etiquette: "Principal” means the Principal o f the School appointed under section 13: "School” means the Law School of Tanzania established under section 1. PART II Tin: L a w S c h o o l Establis hment of the School
Part
PART II
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( 1) There is hereby established a School to be know n as the I .aw
AI-assisted research summary: A School called the Law School of Tanzania is established, and it has corporate powers including suing and being sued, making contracts, dealing in property, and borrowing money needed for its functions.
4.-( 1) There is hereby established a School to be know n as the I .aw School o f Tanzania. (2) I lie School shall be a body corporate and sliall- (a) have perpetual succession and an official seal; (b) in its corporate name be capable of suing and being sued; (c) be capable of entering into contract, holding, purchasing or otherwise acquiring in any other way, movable property or immovable property and disposing of an\ of its property; and (d) have power to borrow mone\ or property as may be required for efficient and proper performance of its functions. 2007 Functions ol' the School No. 5 Law School o f Tanzania - 5 Verify source ↗
The functions of the School shall be to
AI-assisted research summary: The School has a list of functions covering legal training, research, publications, consultancy, events, partnerships, and related acts needed to carry out its work.
5. The functions of the School shall be to- (a) offer, conduct, manage and impart practical legal training programmes as may be prescribed by the Council; (b) promote and provide opportunities and facilities for the study of and for the training in legal practice and allied subjects: (c) conduct examinations and grant awards ofthc Governing Hoard in practical legal training and allied subjects: (d) sponsor, arrange and provide facilities for conferences, seminars, workshops, meetings and consultations on matters relating to legal practice and allied subjects: (e) arrange for the publication and general dissemination of materials produced in connection with the work and activities o f the Governing Board: (0 conduct legal research in priority areas as determined by the Governing Board: (g) apply research findings for the betterment of practical legal training, literature and for continued enrichment ofthc curriculum and teaching: (h) provide consultancy services in legal matters to the Government, public and private organizations, individuals and other clients within and outside Tanzania: (i) arrange for publication and dissemination of legal practice literature generated from the activities ofthc School as may be determined by the Governing Board: (j) sponsor and provide facilities for short courses and seminars according to internal and public demand: (k) establish relationship or association with other colleges, and institutions both national!) and international!) : and (I) do such acts and things and enter into contracts and transactions as are, in the opinion of the Governing Board, expedient or necessary for efficient and proper performance ofthc functions of thc School. ?M - 5 Law School o f Tanzania 2007 - 6 Verify source ↗
Section 6
AI-assisted research summary: The School may establish branches and campuses to extend its services.
6. I he School ma\ l<>r I ho purposes ofe.xtending its services establish branches and campuses a^ ii deems III. - 7 Verify source ↗
( I ) I lie School shall luivc such number and kind of directorates as
AI-assisted research summary: The School must have the directorates the Governing Board determines, and the Governing Board must appoint one Director for each directorate.
7.-( I ) I lie School shall luivc such number and kind of directorates as the Governing Board ma\ determine. (2) I he (ioverniiiL! Board shall, al’lcr determining which directorates should be established, appoint a Director for each directorate. - 8 Verify source ↗
The functions of Director'.- shall be prescribed in the B y laws
AI-assisted research summary: The Director’s functions are to be set by the bylaws.
8. The functions of Director'.- shall be prescribed in the B y laws. 9-( I ) There shall be ;< Practical Legal i'raining and Lxamination Committee w hich shall consist ol - (a) one member from Ju d ic ia l): (b) one member from Tangans ika Law Society: (c) one member from \tlorncy Generals' C hambers: and (d) two members representing faculties ol law ol accredited uni\erMtics in fan/ania being- (D one reprcsenling public universities: (ii) one representing pri\ale universities. i2) I he Principal <li.ilI lie a Secretary to the Commillcc. < ■’ > Members ofi!:;' Commillcc shall be appointed b\ the Governing Board (•I) The tenure ol office of members o fth c Committee shall be determined b> the Governing Board. I l l No. 5 Law School o f Tanzania - 10 Verify source ↗
The functions ol’llic Committee shall be to
AI-assisted research summary: The Committee may conduct examinations and advise or recommend to the Governing Board on course standards, candidate proficiency, and legal training matters.
10. The functions ol’llic Committee shall be to- (a) conduct all examinations: : M 7 ws L\“U:l!- ivition Committee (b) satisfy itself with regard to the content and standard of the relevant course o f study offered by the School: (c) advise the Governing Board on the standards o f proficiency to be obtained in each examination conducted at the School: (d) recommend to the Governing Board the names ofthc candidates w ho have the standards of proficient:} required: and (e) advise the Governing Board on matters relating to the practical legal training, code of conduct and etiquette o f the legal profession. - 11 Verify source ↗
(1) A person is eligible to undertake a programme o f practical
AI-assisted research summary: A person may undertake the School’s practical legal training if they have a law bachelor’s degree or equivalent qualifications approved by the Council. Students admitted to the School must pay the fees set by the Governing Board.
11.-(1) A person is eligible to undertake a programme o f practical legal training conducted b\ the School lor the purposes of this Act if that person has obia med .VinhNSion am! ' j js ia) a bachelor degree in law: or (b) other qualifications from an accredited institution which the Council considers to be equivalent to a bachelor degree in law . (2) All students admitted to the School shall pa\ Ices as prescribed b\ Governing Board from time to time. - 12 Verify source ↗
(1) The practical legal training requirement for purpose o f this
AI-assisted research summary: A student must complete at least one academic year of study at the School, and successful students receive a Post Graduate Diploma in Legal Practice.
12.-(1) The practical legal training requirement for purpose o f this Act shall be a completion o f a programme of stud\ at the School for a period of not less than one academic year. Practical trainifii* (2) A student who completes the programme referred to under subsection ( I ) shall be awarded a Post Graduate Diploma in Legal Practice. (3) The Post-graduate Diploma in Legal Practice issued by the School shall, upon the clearance by the Chief Justice, qualifv and entitle the holder to practice as an adv ocatc ofthc I ligh ( ourt and courts subordinate thereto or employment in the public sen ice. 115 No. 5 Law School o f Tanzania 2007 PART III A d m in ist r a t io n Appoint ment o!' the Principal
Part
PART III
- 13 Verify source ↗
(I ) The Minister shall, upon recommendation oflhc Governing
AI-assisted research summary: The Minister must appoint a suitable principal for the school after the Governing Board recommends one.
13.-(I ) The Minister shall, upon recommendation oflhc Governing Board, appoint a person who is suitable to be a principal ofthc school. (2) Before making recommendations, the Governing Board, shall consult the Attorney General. (3) fhc Principal appointed under subsection ( I ) shall hold office upon such terms and conditions as may be specified in relation to his office. (4) The Principal shall- (a) be the C hief Iv.xccutive and Accounting Officer ofthc School and shall be responsible to the Governing Board for o v e r a ll coordination ofthc School; (b) exercise such functions ofthc School as the Governing Board mas delegate to enable him to transact all the da\ -to-da\ business ofthc School; (c) subject to an\ directions or restrictions given or imposed by the Governing Board, have the power to exercise supervision and control over acts and proceedings in relation to all staffoftho School and to decide upon questions relating to the terms and conditions of service ofthc staffoflhe School, having due regard to the Schemes of Service. (d) propose to the Governing Board policies, programmes and operations relating to practical legal training, development, upkeep, maintenance and development of the School's assets and facilities. (e) supervise the management ofthc School's finances including budgeting, and control ofcxpenditure; ( f) promote staffand student's welfare, good relations between the School and the Government, the public, other institutions and bodies w itliin and outside the country; and No. 5 Law School o f Tanzania 2007 (g) undertake and promote other activities of interest to the School as the Governing Board may direct. (5) In the exercise ofthc powers vested in him under this section, the Principal shall comply w ith directions given to him by the Governing Board and shall not w ilhoul the prior approval ofthc Governing Board depart or permit departure from the approved estimates of expenditure or the approved establishment ofthc School or the normal procedure in dealing vv ith am particular matter. (6) Without prejudice to the provisions of the preceding subsection, the Governing Board may enter into an agreement vv ith any other institution for the provision of practical legal training for the purposes of this Act. - 14 Verify source ↗
Section 14
14. I'he Governing Board may. from time to time appoint on such terms and conditions such practical training instructors and administrative staffofthc School as it may consider ncecssarv for the proper performance of the functions ofthc School. - 15 Verify source ↗
( I ) I here is hereby established a Governing Board ofthc School
AI-assisted research summary: A Governing Board for the School is established, the Principal serves as its secretary, and the Minister appoints the two member categories named in paragraphs (e) and (f).
15.-( I ) I here is hereby established a Governing Board ofthc School w hich shall consist of- (a) the Deputy Attorney General w ho shall be the Chairman: (b) the Principal Judge: (c) the President of langanv ika Law Society: (d) the Dean o f the F acu lty o f Law o f the U n iv e rsity o f Darcs Salaam: (e) one member representing Tanganyika Law Society: and (0 one member representing Legal Aid Schemes. (2) I he Principal shall be the Secretary ofthc Governing Board. (3) Members ofthc Governing Board referred to in paragraphs (e) and (f) of subsection ( I ) shall be appointed by the Minister. 117 \ mcnl of Stall' listahli- shmcnt ol' the (invemin!! Hoard No. 5 Law School o f Tanzania 2007 Powers anil duties of the Governin'! Board (•I) T he Schedule to this Act. shall have cfleet as to the tenure of office . termination of their appointments, the proceedings ofthc Governing Board and other matters in relation to the Governing Board and its mem hers. - 16 Verify source ↗
( I ) flic Governing Board shall have powers to give directions on
AI-assisted research summary: The Governing Board may direct school management and has broad powers to run the School, including making rules, handling property and funds, approving budgets and accounts, employing staff, setting fees, and creating internal bodies.
16.-( I ) flic Governing Board shall have powers to give directions on matters relating to the management ofthc School. (2) The Governing Board shall make rules for regulation o f its activities. (3 ) Subject to the provisions of this Act. the governance and control of tin: School shall be vested in the Governing Board. ( I ) Without prejudice to the general it\ ofsubsection (3), the Governing Board shall have powers to- (a) administer the properties of the School, both movable and immovable: (b) administer funds and other assets ofthc School: (c) consider and approve the annual budget estimates any supplementary budget, the annual balance sheet and any statement of accounts: (d) signify the acts ofthc School by using the official seal: (c) advise the Attorney General on all matters relating to examinations: (f) on behalfofthc School receive gifts, donations, grants or other monies and make disbursements to other persons or bodies: (g) employee officers and staff of the School: (h) pro\ ide for the welfare ofthc students and the staff of the School: (i) formulate Schemes of service for officers and staffof the School: (j) prescribe lees and other charges of the School: (k) establish directorates w ithin the School: 118 No. 5 I.a\\' School o f Tanzania 2007 (I) establish committees and sub-committees as ma\ dcemeed necessary: (m) approve examination results recommended by the Commitiee: (n) decide on matters relating to pass or fail of candidate and mailers related thereto: and (o) exercise such powers as is nccessaiy for the effective performance ofthc functions ofthc School and for the purpose of this Act. - 17 Verify source ↗
Members ofthc Governing Board shall be entitled to and be paid
AI-assisted research summary: Members of the Governing Board are entitled to be paid remuneration set by the Minister, after recommendations from the Board.
17.- Members ofthc Governing Board shall be entitled to and be paid such remuneration, as the Minister may. on the recommendations ofthc Governing Board, prescribe. Kcimmc- ralion lS.-( 1) Kxccpl for matters specified under subsection ( I ) of section the Governing Board may, by writing and subject lo such terms, - 16 Verify source ↗
Section 16
AI-assisted research summary: The Governing Board may delegate its functions or powers, revoke a delegation, and cannot delegate its power to delegate again.
16. conditions and restrictions as it may specify, delegate lo an\ Committee performance of its functions or person the exercise of. and powers conferred or imposed b\ this Act. Delegation o f powers ! i \ : 1k - ( iovcrniii!1. Hoard (2) Where any delegation is so made, the delegated function, power or duly may be performed or exercised by the person so delegated. (3) The delegation made under subsection (1) shall be made by office and nol by name and in every case w here delegation is so made, each successive holder ofthc office in question and an\ person who occupies or performs the duly of that office shall, without any further authority, perform or exercise the delegated function, power or dut\ in accordance w ith the delegation made by the Governing Board. (1) The Governing Board may revoke a delegation made by it under this section. No. 5 I.aw School o f Tanzania 2007 (5) No delegation made under this section shall pre\ enl the Governing Board Irom performing or exercising the power, function or duty so delegated. (6) A delegation made under this section shall be published in the ( lazeile and upon its publication, shall be judicially noticed and presumed lo be in force unless the eontrars is proved. (7) flic Go\ erning Board shall not has e powers lo delegate its power of delegation. Imlemnit) ol' members - 19 Verify source ↗
An act or omission done b\ any member ofthc Governing Board
AI-assisted research summary: A board, committee, or school officer is not personally liable for an act or omission if it was done in good faith while carrying out functions given by the Act or rules made under it.
19. An act or omission done b\ any member ofthc Governing Board. Committee or officer ofthc School shall not. if done hona fide in the execution ofthc functions conferred upon such member or officer by this Act or b\ Rules made under this Act. render such member or officer personal!) liable for such act or omission. Rules lor school admini stration - 20 Verify source ↗
( 1) The Governing Board may. al ter consultation w ith the Attorney
AI-assisted research summary: The Governing Board may make rules about training, school management, fees, staff terms, and discipline, after consulting the Attorney General.
20.-( 1) The Governing Board may. al ter consultation w ith the Attorney General, make rulcs- (a) governing practical legal training and the management ofthc school: (b) prescribing enrolment fees and other charges: (c) prescribing the terms and conditions of scr\ ice. including the appointment, dismissal, salaries and retirement benefits ofthc members of the staff of the School: and (d) regulating discipline among members of staff and students. (2) The Governing Board may consult w ith other institutions providing legal trainingon mailers relating to implementation ofthc programmes ofthc School. (3) Where am rule made under this section is not published in the Gazelle, the Governing Board shall in such manner as il ma\ determine, bring or cause the rule to be brought to the notice of any person who is like!) to be affected by the Rules. 120 No. 5 Law School o f Tanzania 2007* PART IV 1‘In a n c ia i P r o v is io n s
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The Law School of Tanzania Act, 2007
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