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Legal profession: Noble and respected but...
2008-07-14 09:48:38
By Rayner Ngonji
The Legal career like other two professions of Theology and Medicine, are learned professions.
However, due to its unique nature and complexities, the legal profession, popularly known as that noble profession of learned brothers entrusted with the administration of justice, is thwarted with a number of problems and challenges in Tanzania.
The commonest challenge has been the allegation that courts do not dispose cases fast enough and that delays have often resulted in the failure of justice.
Certainly, there are reasons underlining such delays some of which are inevitable.
Nevertheless, whatever the reason, the delays have ultimately had an impact on the general public which tends to suffer.
Explaining court delays in the case of Allen v. Sir Alred Mc Alpine, (1968)1 All E.R.543, His Lordship, the Late Lord Denning observed:``All through the years men have protested at the laws delay and counted it as a grievious wrong hard to bear. Shakespeare ranks it among the whips and scorns of time. Dickens tells how it exhausts finances, patience, courage and hope.``
The trio vices of poverty, ignorance and diseases constitute another challenge of the legal profession, says a don with the University of Dar es Salaam\'s Faculty of Law.
In a paper titled ``Challenges of the Legal Profession in a Liberised Tanzania`` delivered to the Seventh General Meeting of the Convocation at The Open University of Tanzania, Professor Josephat L.
Kanywanyi urges members of the legal profession to address the challenges posed by the trio vices by putting in place legal aid systems to assist members of the public in legal matters as the trio vices are not privileges but misfortunes.
``Tanzania qualifies for debt relief as it is among the poorest countries in the world. Illiteracy rate has declined to 60 per cent. Situation of diseases has been compounded by the outbreak of HIV/AIDS,`` the don says.
The don adds there is also the challenge of foreign capital intensification nurtured by existing laws which are favourable to capital but unfavourable to labour.
The challenges emanating from the existence of bad pieces of legislation which are still embraced by Tanzania\'s legal regime, notably the outdated customary laws, also still haunt the legal system.
Such laws, unlike the just laws which promote peace and foster the spirit of respect for tolerance, breed intolerance and ultimately, cause disorder and pandemonium.
In the circumstances, lawyers and judges should spearhead the ``war`` against unjust laws for continued peace, tranquility and prosperity depends on the application of just laws.
The existing controversial Constitution of the United Republic of Tanzania of 1977 (as amended from time to time) poses yet another challenge for those engaged in the legal profession to address.
Though both Nyalali and Kisanga Commissions recommended a three tier government Union the ruling Chama Cha Mapinduzi (CCM) has throughout maintained a two tier government Union structure, the Professor says.
That apart, prevalent incidents of mob justice, seen as the direct opposite of the rule of law, is gaining ground among the populace.
This trend needs to be discouraged as it is unwholesome.
Corruption, which has percolated in almost all spheres of life, poses as another challenge and problem facing the legal profession, a problem which ought to be dealt with as a devastating blow, now and forever.
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