Joseph Isangura
The Public Bar Association (PBA) has strongly criticized a recent directive from the Tanganyika Law Society which seeks to prevent lawyers from offering legal aid to citizens.
The move follows the assault of Advocate Deogratius Mahinyila by police on September 15, 2025, while representing a case linked to opposition politics. According to PBA, the TLS resolution violates both professional duties and constitutional rights of Tanzanians.
PBA Chairman Addo Mwasongwe, speaking at a press conference on September 23, emphasized that providing legal aid is not optional for lawyers—it is a legal obligation, especially for those who cannot afford it. TLS, he argued, does not have legal authority to prohibit its members from fulfilling this duty. He warned that such a directive undermines access to justice and risks depriving citizens of fundamental constitutional protections.
The Constitution of Tanzania (Britannica) under Article 26(1) requires every person and institution to obey the Constitution and national laws. PBA holds that TLS’s decision conflicts with these constitutional mandates. The association further observed that restricting such services by a professional body may amount to discrimination, especially against poorer citizens who depend on legal aid.
TLS had earlier resolved to call for nationwide peaceful protests to denounce the assault on Mahinyila. However, those protest plans were disrupted after heavy police presence surrounded TLS headquarters, effectively preventing the demonstrations. The police cited concerns about maintaining peace and public order, especially given election-related tensions.
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TLS President Boniface Mwabukusi asserted that the society will continue its mandate without fear, insisting that its duty includes protecting human rights and ensuring the rule of law. Meanwhile, civil society groups and legal scholars have raised alarms about the independence of the legal profession and the necessity for lawyers to operate without intimidation or suppression.
For members of the public, the dispute has real implications. Many depend on lawyers to navigate legal systems, defend rights, and ensure justice—especially when they cannot afford private legal services. Disrupting these services risks pushing people further to the margins, breeding injustice, and weakening trust in legal institutions.
PBA is calling upon TLS to rescind the directive, reaffirm the professional duty of all lawyers to provide legal aid, and uphold constitutional and legal standards.
