INTRODUCTION TO LEGAL AID

You should be familiar with the following areas

  • Meaning of Meaning of Legal Aid
  • Historical Background of Legal Aid in Tanzania
  • Laws governing Legal Aid
  • Purpose of Legal Aid

1.1  MEANING OF LEGAL AID

Is the provision of assistance to people otherwise unable to afford legal representation an access to the court system. Also has been defined as a system of providing free advice about the law and practical help with legal matters for people who are too poor to pay for it. The Lilongwe Declaration 2004 defines legal aid including legal advice assistance, representation, education and mechanisms for alternative dispute resolution and as including a wide range of stakeholders such as non-governmental organization, professional bodies and academic institutions.

Section 3 of the Legal Aid Act Cap 21 R.E 2019 defines legal aid to includes the provision of legal education, and information, legal advice, assistance or legal representation to indigent persons. Therefore legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to fair trial. A number of delivery models for legal aid have emerged including duty lawyers, community legal clinics and payment of lawyers to deal with cases for individuals who are entitled to legal aid

1.2  HISTORICAL BACKGROUND OF LEGAL AID IN TANZANIA

The history of legal aid in Tanzania generally traces back its history in 1969. It started at the Faculty of law University of Dar es Salaam and it was named Legal Aid committee. It was a student’s initiatives of giving back to the community.  The law clinics gave birth to other organizations like Women Legal Aid Center which is still active to date. Previously there was no clear legal framework and or national policy on legal aid. However there was de factor legal framework guided by United Republic of Tanzania Constitution 1977. Article 13(6) of the URT Constitution provides for legal representation in both civil and criminal cases. Also during that time, there was only one law on legal aid which is Legal Aid (Criminal Proceedings) Act, 1969. The law was very limit, it was only for crimes with capital punishment which are murder and treason. It was provided eligibility criteria for legal and persons mandated to certify an accused to be granted legal aid. It indicated that state is responsible to pay the legal and serve provided by an Advocate assigned to help an accused. The enactment of legal Aid Act which regulate and coordinate the provision of legal aid service to indigents person, to recognize paralegals to repeal the Legal Aid (Criminal Proceedings) Act and its regulation thereto of 2018.

1.3  LAWS APPLICABLE

  1. INTERNATIONAL LAWS
  2. Universal Declaration of Human Rights (UDHR)

Article 11(1)

  • International Covenant on Civil and Political Rights (ICCPR)

Article 14(3)

  • International Convention on the Rights of the Child (CRC)

Article 40(2)

  • International Convention on Elimination of All Forms Discrimination Against Women (CEDAW)
  1. REGIONAL
  2. African Charter on Human and Peoples Rights (ACHPR)
  3. Article 7(1) (c)
  4. African Charter on the Rights and Welfare of the Child (ACRWC)
  5. Article 17(1) and 17(2)
  6. Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (ACHPRWA)
  7. Article 8(a) and (b)
  8. DOMESTIC
  9. The Constitution of the United Republic of Tanzania
  10. Article 13(6)(a)
  11. The Legal Aid Act Cap. 21 R.E 2019 and Regulations 2018
  12. The Criminal Procedure Act [Cap.20 R.E 2019]
  13. Section 310
  1. PURPOSE OF LEGAL AID
    1. Access to Justice

The Justice system isn’t just if it’s only accessibility to those who can afford it. People aren’t able to access the advice and representation of a lawyer they won’t be able to access the protection of the law. This means that any those who are wealthy enough to afford a lawyer benefit from the law. This runs contrary to the principles of equality and rule of law.

  1. Legal Aid is Essentially to the Indigenous and People Living in Poverty

Legal aid is essentially to the human rights of indigenous people who are accused of crimes. Indigenous people are dispropritionality represented in the criminal law system.

  1. To save for the Cost of Legal Aid

The Human costs are significant and so are the financial costs to the public.