The Office of the Attorney General (Discharge of Duties) Act
Certain government offices and legal কর্মকর্তারা must have titles that describe their functions and duties, as set by this Act or other written law.
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- The Office of the Attorney General (Discharge of Duties) Act
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Statute overview
About this statute
Certain government offices and legal কর্মকর্তারা must have titles that describe their functions and duties, as set by this Act or other written law. The Office of the Attorney General must coordinate with specified legal bodies, receive their biannual performance reports, follow up on Government Legal Team decisions, and advise the Government, National Assembly, and Judiciary. The Minister may make rules for this section. This section is marked as repealed by Act No. 7 of 2018, section 70. The Attorney General and the Chief Parliamentary Draftsman have drafting responsibilities for Government Bills, and the Bill must be published in the Gazette after Cabinet approval. This section was repealed by Act No. 7 of 2018, section 70.
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Provisions of The Office of the Attorney General (Discharge of Duties) Act
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- 9 Verify source ↗
Administration of Office
AI-assisted research summary: Certain government offices and legal কর্মকর্তারা must have titles that describe their functions and duties, as set by this Act or other written law.
9. There shall be employed or appointed in the Office of the the Attorney General, Ministries of Government, Government Departments and Agencies, Law Officers and State Attorneys of the titles explanatory of their functions and duties as prescribed by this Act or any other written law. PART III FUNCTIONS OF THE OFFICE OF THE ATTORNEY GENERAL (a) Special Provisions in Relation to the National Prosecutions Service, the Office of the Solicitor General and the Administrator-General Relationship of Office of Attorney General and other offices Act No. 7 of 2018 s.68
Part
PART III
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AI-assisted research summary: The Office of the Attorney General must coordinate with specified legal bodies, receive their biannual performance reports, follow up on Government Legal Team decisions, and advise the Government, National Assembly, and Judiciary. The Minister may make rules for this section.
10.-(1) Without prejudice to the generality of Article 59B of the Constitution, the Office of the Attorney General shall advise and maintain a link with the National Prosecutions Service, the Office of the Solicitor-General and the Administrator-General for better carrying out of their respective duties. (2) For the purposes of subsection (1), the Office of the Attorney General shall- (a) receive copies of biannual performance reports from the National Prosecutions Service, Office of Solicitor General and the Administrator General; (b) follow-up on the decisions reached by the Government Legal Team; and implementation of the (c) advise the Government, the National Assembly and the Judiciary accordingly. (3) The Minister may make rules for better carrying out the provisions of this section. Repealed - 11 Verify source ↗
Relationship of Office of Attorney General and other offices
AI-assisted research summary: This section is marked as repealed by Act No. 7 of 2018, section 70.
11. Repealed by Act No.7 of 2018 s.70. 9 The Office of the Attorney General (Discharge of Duties) Act [CAP. 268 R.E. 2019] (b) Provisions in Relation to Other Matters of Legal Nature Drafting and publication of Bills - 12
AI-assisted research summary: The Attorney General and the Chief Parliamentary Draftsman have drafting responsibilities for Government Bills, and the Bill must be published in the Gazette after Cabinet approval.
12.-(1) The Attorney General shall, through the drafting Chief instructions and exercise exclusive mandate on drafting legislative proposals into Government Bills. Parliamentary Draftsman, define (2) Where drafting instructions are received, the Chief 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. Repealed Repealed - 14 Verify source ↗
Drafting and publication of Bills
AI-assisted research summary: This section was repealed by Act No. 7 of 2018, section 70.
14. Repealed by Act No.7 of 2018 s.70. PART IV THE ATTORNEY GENERAL, LAW OFFICERS AND STATE ATTORNEYS IN THE PUBLIC SERVICE Law Officers and State Attorneys Act No. 7 of 2018 s.71 and 72
Part
PART IV
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AI-assisted research summary: The Attorney General and Solicitor-General have powers over Law Officers and State Attorneys, including issuing directions, issuing Practice Instruments, and requiring reports.
15.-(1) There shall continue in existence in ministries, independent local government authorities, departments, government institutions, agencies, public corporations, parastatal organizations, Law Officers and State Attorneys who by virtue of their qualifications, job description and duties, perform legal functions. (2) The Attorney General may issue directions either general or specific to any Law Officer or State Attorney in public service other than those under the National Prosecutions Service or the Office of the Solicitor-General with regard to the manner of performing the legal functions within their respective offices. 10 The Office of the Attorney General (Discharge of Duties) Act [CAP. 268 R.E. 2019] (3) The Solicitor-General may issue each Law Officer and State Attorney in ministries, local government authorities, other government institutions, agencies and organisations with Practice Instrument that will entitle the bearer to appear in court in cases where the Attorney General is a party. independent departments and (4) Without prejudice to subsection (2) the Attorney General may direct Ministries, local Government authorities, independent departments, agencies, public corporations, parastatal organizations or other government organizations to submit reports on the performance of legal functions. Functions to be performed by Law Officers and State Attorneys Act No. 7 of 2018 s.73 The - 16 Verify source ↗
16A. Professional Association of lawyers in public service
AI-assisted research summary: The Attorney General may authorize a Law Officer or State Attorney to perform certain legal functions, but a person does not become one just because their job includes legal work, and an unqualified officer is not entitled to perform legal functions in public service.
16.-(1) 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 a State Attorney authorised by the Attorney General pursuant to the provisions of this Act. (2) A person shall not become a Law Officer or State Attorney only for the reason that his job description includes performing legal functions. (3) For the avoidance of doubt, nothing in this Act shall entitle any officer who is not qualified in law to perform legal functions in the public service. Professional Association of lawyers in public service Act No. 7 of 2018 s.74 - 16A Verify source ↗
Professional Association of lawyers in public service
AI-assisted research summary: The Attorney General may establish a professional association for lawyers in public service, and the Minister may regulate and convene it.
16A.-(1) The Attorney General may establish a professional association of lawyers in the public service. (2) The association shall be a professional forum of lawyers in the public service to meet once a year and deliberate on various legal issues including professional development and other matters of concern. (3) The report of the meeting shall be submitted to the Minister. (4) The Minister may make regulations for the proper management, leadership, organisation and conduct of the business of the association. 11 The Office of the Attorney General (Discharge of Duties) Act [CAP. 268 R.E. 2019] Roll of State Attorneys Act No. 7 of 2018 s.74 Audience by Attorney General in matters of public interest, etc. Acts Nos. 8 of 2018 s.74 7 of 2018 s.75 (5) Without prejudice to the foregoing provisions, the Minister may, from time to time, call meetings of lawyers in the public service in order to inform them of policy development issues with regard to the legal sector and the public service in general. - 16B Verify source ↗
Roll of State Attorneys
AI-assisted research summary: The Attorney General must keep a Roll of all State Attorneys and enter each State Attorney’s name in it.
16B.-(1) The Attorney General shall establish and keep a Roll of all State Attorneys. (2) The Attorney General shall enter in the Roll the name of every State Attorney and the order of entry of such names shall be according to precedence of such State Attorneys as between themselves. (3) Nothing in this section shall prejudice or affect the qualification or status of any person who before the establishment of the Roll of State Attorneys was a State Attorney. - 17 Verify source ↗
17A. Restriction to practice as advocate
AI-assisted research summary: The Attorney General may appear in certain court, appeal, petition, or administrative inquiry matters through the Solicitor-General, especially where public interest, public property, or government institutions are involved.
17.-(1) Notwithstanding the provisions of any written law to the contrary, the Attorney General shall through the Solicitor-General have the right to audience in proceedings of any suit, appeal or petition in court or inquiry on administrative body which the Attorney General considers- (a) involves public interest or to be public property; or (b) to involve the legislative, the judiciary or an independent department or agency of the Government. (2) In the exercise of the powers vested in the Attorney General with regards to the provisions of subsection (1), Solicitor-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, 12 The Office of the Attorney General (Discharge of Duties) Act [CAP. 268 R.E. 2019] Restriction to practise as advocate Act. No. 11 of 2019 s. 44 Cap.4 s.8 and comply with any direction of the court, tribunal or any such other administrative body on the nature of pleadings or measures to be taken for purposes of giving effect to the effective discharge of the duties of the Office of the Attorney General. the court, (3) Where a suit, inquiry or any other proceeding is pending before tribunal or any other administrative body to which the Solicitor-General does not have a right of audience, it shall be sufficient for the Solicitor-General to file a certificate of the intention of the Attorney General to be joined and the court, tribunal or any such administrative body shall immediately forward the record of the proceedings to the nearest court, tribunal or administrative body for purposes of enabling the Solicitor-General to appear. - 17A Verify source ↗
Restriction to practice as advocate
AI-assisted research summary: Law Officers and State Attorneys may not practise as advocates while in service, unless exempted by the Attorney General.
17A.-(1) A Law Officer or State Attorney shall not, for the whole period of service as a Law Officer or State Attorney, practise as an advocate. (2) Notwithstanding subsection (1), the Attorney General may, upon application by a Law Officer or State Attorney or, where in his opinion he considers it necessary, exempt a Law Officer or State Attorney from the application of the provisions of subsection (1). (3) Without prejudice to subsection (2), a Law Officer or State Attorney may, subject to the guidelines prescribed by the Attorney General, administer oarths or attest documents as a commissioner for oaths or as a notary public; Provided that such attestation or administration shall not have potential conflict of interest with his employer. (4) The Attorney General shall, by order published in the Gazette, issue guidelines to- (a) facilitate the implementation of subsection (3); and (b) prescribe modality for application of exemption referred to under subsection (2). 13 The Office of the Attorney General (Discharge of Duties) Act [CAP. 268 R.E. 2019] PART V LEGAL FUNCTIONS OF THE LOCAL GOVERNMENT AUTHORITIES Appointment of a Law Officer for local government authorities Act No. 7 of 2018 s.76
Part
PART V
- 18 Verify source ↗
Appointment of Law Officer for local government authorities
AI-assisted research summary: This section keeps a Law Officer office in the ministry for local government authorities and gives the Permanent Secretary power to appoint a Law Officer when needed, after consultation. It also lets senior legal officers issue directives and gives certain Law Officers a right of audience in court, subject to the Solicitor-General’s auspices.
18.-(1) There shall continue in existence in the Minister responsible for local government authorities, an office of a Law Officer who shall be responsible for the coordination of State Attorneys of 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 Permanent Secretary of the Ministry responsible for local government authorities may, after consultation with the Attorney General and Solicitor- General, appoint the Law Officer from the Ministry responsible for local government authorities, Office of the Attorney General or Office of the Solicitor-General. (3) A Law Officer appointed pursuant to the provisions of subsection (2) 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. (4) In the coordination of legal functions of the local government authorities, the Attorney General, Director of Public Prosecutions and the Solicitor-General may issue any directive of a general or specific nature concerning professional matters and the Law Officer shall cause such directive to be implemented. (5) The Law Officer appointed in accordance with this section or any other Law Officer or State Attorney in the service of the local government authority shall, under the auspices of the Solicitor-General, have the right of audience in any matter before the court in which a local government authority or the Attorney-General is a party. 14 The Office of the Attorney General (Discharge of Duties) Act [CAP. 268 R.E. 2019] PART VI CONTROL OF THE PERFORMANCE OF FUNCTIONS AND THE DISCHARGE OF DUTIES OF THE ATTORNEY GENERAL Reserve of matters to Attorney General Act No. 7 of 2018 s.77 Procedure of sourcing consultancy Act No. 7 of 2018 s.78 Cap.4 s.8 Power to issue directives and practice notes Act No. 7 of 2018 s.79 Cap.4 s.8 19. No Law Officer, State Attorney shall render advice in any matter stipulated under this section without approval of the Attorney General, namely- interpretation of the Constitution; (a) (b) any matter relating to international agreements and treaties; (c) any matter which the law reserves to the Attorney General.
Part
PART VI
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AI-assisted research summary: Government ministries, departments, and agencies must get the Attorney General’s written approval before hiring consultants for legal services where consultancy is required.
20.-(1) The engagement of consultants by any Ministry, Government Department or Agency for rendering legal services shall be made after obtaining written approval of the Attorney General in respect of issues that require consultancy. (2) For the purpose of observing standards, maintaining quality or capacity building, the Attorney General may- (a) direct a Law Officer, State Attorney to whom the provisions of this Act apply to participate in the work of the consultant; (b) prescribe the terms and conditions for a Law Officer or State Attorney who participates in such consultancy. - 21
AI-assisted research summary: The Attorney General may issue directives or practice notes to officers covered by the Act, and employers of law officers and state attorneys must notify the Attorney General about disciplinary cases.
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 subsection (1) shall be in such form and manner as the Attorney General may determine. (3) Notwithstanding the provisions of this section, all matters regarding administration or discipline in respect of Law Officers and State Attorneys in the ministries, local 15 The Office of the Attorney General (Discharge of Duties) Act [CAP. 268 R.E. 2019] government authorities, independent departments, agencies, public corporations and parastatal organizations shall be under the supervision and control of their respective employers. (4) Employers of law officers and state attorneys shall have the duty to notify the Attorney General on all disciplinary cases against law officers and state attorneys under their supervision and control. - 22
AI-assisted research summary: Certain public bodies may ask the Attorney General for an opinion on any legal matter, and if the matter is reserved to the Attorney General they must clearly explain the matter, issues, and any internal opinion already given.
22.-(1) Any ministry, local government authority, independent department, government institution, agency or organisation may refer or seek the opinion of the Attorney General on any legal matter. the ministry, (2) Where the opinion of the Attorney General is requested in relation to any matter reserved to the Attorney General, local government authority, independent department, government institution, agency or organisation shall state clearly the matter and issues involved together with any opinion that may have been given from within such ministry, local government authority, independent department, government institution, agency or organisation. - 23 Verify source ↗
Reserve of matters to Attorney General
AI-assisted research summary: The Attorney General’s opinion stays the Government’s position unless a court, the Cabinet, or the Attorney General changes it; the Attorney General or Deputy Attorney General may recall certain opinions; officers who ignore the Attorney General’s opinion may face disciplinary and financial consequences.
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 of competent jurisdiction, the Cabinet 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 of the Attorney General recall any opinion given by a Law Officer, State Attorney or any officer in the public which is made in the name of the Attorney General. (3) An officer who makes a decision in disregard of the opinion of the Attorney General: Reference of matter for opinion of the Attorney General Act No. 7 of 2018 s.80 Opinion of Attorney General to be position of Government Act No. 7 of 2018 s.81 (a) on a matter the that sustains Government, shall be surcharged or otherwise loss to 16 The Office of the Attorney General (Discharge of Duties) Act [CAP. 268 R.E. 2019] GN No. 168 of 2003 (b) made to make good of the loss sustained in to other appropriate disciplinary addition measures that may be taken against such officer; in any other case, shall be a breach of discipline and may be dealt with according to the Public Service Regulations, 2003. Act No. 7 of 2018 s.82 Cap.4 s.8 Qualifications for employment and appointment of Law Officers and State Attorneys Act No. 7 of 2018 s.83 PART VII ATTORNEY GENERAL, LAW OFFICERS AND OTHER STATE ATTORNEYS IN THE PUBLIC SERVICE
Part
PART VII
- 24 Verify source ↗
Qualifications for employment and appointment of Law Officers
AI-assisted research summary: Specified public bodies must employ legally qualified officers for Law Officer or State Attorney roles, and appointments plus Gazette publication are handled by the Attorney General and Deputy Attorney General.
24.-(1) Subject to the procedure determined by the Public Service Management, the ministry, local government authority, independent department, government institution, agency or organisation 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 of a first degree in law or the equivalent qualification from an institution of 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 of 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. Government Legal Team Act No. 7 of 2018 s.84 - 25
AI-assisted research summary: This section establishes the Government Legal Team and sets out who is on it, how it operates, and that it must report its deliberations to the Minister.
25.-(1) There is established a Team to be known as the Government Legal Team which shall undertake strategic legal analysis and forecast with regard to legal services rendered as well as prosecutorial and adjudicatory services provided. 17 The Office of the Attorney General (Discharge of Duties) Act [CAP. 268 R.E. 2019] (2) The Team shall consist of- (a) the shall be the Attorney-General who Chairman; the Director of Public Prosecutions; the Solicitor-General; the Administrator-General; the Executive Secretary of the Law Reform Commission of Tanzania; the Chief Parliamentary Draftsman; the Director of Legal Services in the Ministry responsible for legal affairs; and the Director of Legal Services in the Ministry responsible for local governments. (b) (c) (d) (e) (f) (g) (h) (3) The Attorney General shall appoint a Law Officer from the Office of the Attorney General to be a Secretary to the Team. (4) The Team may co-opt any person as it deems necessary. (5) The Team shall meet at least twice a year but may meet at any time if there is any issue to be discussed for the purpose of improving the legal services. (6) The quorum at any meeting of the Team shall be half of the members. (7) The Team may regulate its own proceedings. (8) The Team shall prepare a report of its deliberations and submit the same to the Minister. Register of Law Officers and State Attorneys Act No. 7 of 2018 s.85 Cap.4 s.8 - 26
AI-assisted research summary: The Deputy Attorney General must keep and maintain a register of Law Officers and State Attorneys in public service.
26.-(1) There shall a Register into which shall be entered and kept particulars of Law Officers and State Attorneys in the public service. (2) The Deputy Attorney General shall keep and maintain the Register of the Law Officers and State Attorneys in public service who perform the functions in accordance with this Act. (3) The Register shall contain names, qualifications titles and occupation of each of such officers. 18 The Office of the Attorney General (Discharge of Duties) Act [CAP. 268 R.E. 2019] Code of Ethics Act No. 7 of 2018 s.86 - 27
AI-assisted research summary: The Minister must prescribe a Code of Ethics for Law Officers and State Attorneys in the public service, and their employers must supervise and control its administration and enforcement.
27.-(1) There shall be a Code of Ethics for Law Officers and State Attorneys in the public service to be prescribed by the Minister. (2) All matters regarding administration or enforcement of the Code of Ethics for Law Officers and State Attorneys in the public service shall be under the supervision and control of their respective employers. G.N No. 168 of 2003 (3) Notwithstanding the Public Service Regulations, 2003 the Attorney General may refer allegations of professional misconduct against a Law Officer or a State Attorney to the Advocates Committee. (4) Each Permanent Secretary and every head of the independent department, government institution, agency or organisation shall the administration of the Code of Ethics in respect of Law Officers and State Attorneys employed in their respective offices. the Ministry liaise with in (5) The Chief Justice may, in consultation with the Minister, make rules for better carrying out referrals to the Advocates Committee by the Attorney General under subsection (3) of this section. Orders, etc and sanctions for breach of Code of Ethics Act No. 7 of 2018 s.86 G.N. No. 168 of 2003 - 28
AI-assisted research summary: The Attorney General may issue management and organisation instruments for the Office, and Law Officers or State Attorneys who breach the Code of Ethics face disciplinary action.
28.-(1) The Attorney General may issue General or Standing Orders, Practice Notes and other instruments as he may deem fit for purposes of better management and organisation of the Office of the Attorney General. (2) Any Law Officer or State Attorney who breaches the Code of Ethics commits a professional misconduct and shall be liable to disciplinary actions through the employer in accordance to the Public Service Regulations, 2003. 19 The Office of the Attorney General (Discharge of Duties) Act [CAP. 268 R.E. 2019] Regulations - 29 Verify source ↗
30-33. Omitted
AI-assisted research summary: The Minister may make regulations to better carry out this Act.
29. The Minister may make regulations for the better carrying out of the provisions of this Act. Omitted - 30 Verify source ↗
33 Amend various written laws
AI-assisted research summary: This section states that sections 30 to 33 amend various written laws, and the schedule is noted as repealed by Act No. 7 of 2018 section 87.
30 - 33 Amend various written laws. __________ SCHEDULE _________ Repealed by Act No.7 of 2018 s.87 ___________________________ 20
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The Office of the Attorney General (Discharge of Duties) Act
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