Evaluation of the Rights to Legal Representation before the Ward Tribunal in Tanzania

Authors

  • Raymond M. Cosmas

DOI:

https://doi.org/10.47941/jmlp.1572

Keywords:

Rights to Legal Representation; Before the Ward Tribunal

Abstract

Purpose: This paper evaluates the rights of legal representation before the ward tribunal proceedings as per the Constitutional rights of The United Republic of Tanzania. The undertaking is focusing to reality, despites of existing rights, legal and institutional frame works toward the rights to legal representation. Still not affordable to the individuals or targeted population. Logically and reasonable, the same arises a lot of questions on the constitutional rights which are not adhered by the institutions. In pre-colonial traditional court, trials representation was done through a legal representative. Both sides of a disputes had to be represented by a "wise man" in the community, who obtained various titles in various cultures, in both centralized and decentralized civilizations.

Methodology: This paper is developed on the adherence of the rights to legal representation through diverse approaches and methods including studying of the relevant policies, institutional strategies plan, reports and the reviews of the relevant laws.

Findings: This paper will focus on identifying the problems which hinder them from effectively devotion over the legal rights before the ward tribunals. The paper evaluated the relevant laws and legal institutional framework in performance of the basic rights and rights to legal representation.

Unique contributor to theory, policy and practice: Finally, this paper finds and recommends for the elevating the laws and legal institutional framework in views of making proper performance of rights of legal representation before the ward tribunal proceedings in Tanzania.

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References

Everett V. A., “Inalienable Rights and the Eighteenth Amendment”: Columbia Law Review, Vol. 20, No. 2 (1920)

Mwakyembe, H. G., “The Tanzanian Bill of Rights: An Overview”, A paper presented at the Faculty of Law, University of Dar es Salaam, Silver Jubilee Seminar on the Bill of Rights, 20-25 October, 1986.

Peter, C. M., "Respect for Fundamental Rights and Freedoms: A New Bill of Rights in Tanzania", Revue de Droit International de Sciences Diplomatiques 4 (1989).

Rwegasira, A., (2012), Land as a Human Right. Dar es Salaam; Mkuki na Nyota Publishers Ltd.

Shivji, I. G., “Rights struggle and the Bill of Rights in Tanzania”, Zimbabwe Law Review 5 (1987) ad passim.

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Published

2023-12-12

How to Cite

Cosmas, R. M. (2023). Evaluation of the Rights to Legal Representation before the Ward Tribunal in Tanzania. Journal of Modern Law and Policy, 3(3), 13–24. https://doi.org/10.47941/jmlp.1572

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Section

Articles