An Analysis of Judicial Trends in Disciplining Unqualified Legal Practice in Tanzania

Abstract

This article has provided a considered analysis ofunqualified practice in Tanzania and the approach andwillingness of the judiciary in punishing it. Although theCourt of Appeal set its binding precedent in Edson OswaldMbogoro, it is the open door approach of this decisionwhich is largely responsible for the nuanced approach inthe discipline of advocates in Tanzania. The ensuingapproach of the judiciary has been to either punishadvocates alone, expunge the pleadings they haveprepared and thus prejudicing litigants, avoid any form ofpunishment, or even issuing simple warning, andsometimes assuming the misconduct never happened.This represents mixed outcomes of unwillingness andnon-uniformity in enforcing disciplinary measures forunqualified practice. Instead, the judiciary has been clearin punishing innocent litigants for the mistakes ofadvocates. This work recommends that upholdingdocuments unqualified persons have prepared is a goodpractice in upholding the constitutional rights of innocentlitigants following the persuasive decision of AfriqEngineering, save in cases of their complicity. The Articlehopes to inspire more debate on the subject and create