Legal Aid Act
- Commenced on 1 July 2017
- [This is the version of this document at 30 November 2019.]
- [Note: This Act has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part 1 – Preliminary provisions
1. Short titleThis Act may be cited as the Legal Aid Act.
2. ApplicationThis Act shall apply to Mainland Tanzania.
3. InterpretationIn this Act, unless the context otherwise requires—"advocate" has the meaning ascribed to it under the Advocates Act;[Cap. 341]"aided person" means a person who has been granted legal aid under this Act;"Assistant Registrar" means Assistant Registrar referred to under section 8;"Board" means the Board established under section 4;"Chief Court Administrator" means the Chief Court Administrator appointed under the Judiciary Administration Act;[Cap. 237]"indigent person" means a person whose means are insufficient to enable him to engage a private legal practitioner and includes other categories of persons where the interests of justice so require;"lawyer" means any person who is a holder of a bachelor degree in laws or its equivalent and provides legal services under a legal aid provider in accordance with this Act;"legal aid services" includes the provision of legal education and information, legal advice, assistance or legal representation to indigent persons;"legal assistance" means a legal support granted to a person on civil or criminal cases to assist that person to take legal steps in protection of his rights;"Minister" means the Minister responsible for legal affairs;"paralegal" means a person who is accredited and certified to provide legal aid services after completing necessary training in the relevant field of study approved or recognized by this Act;"Permanent Secretary" means a Permanent Secretary of the Ministry responsible for legal affairs;"Registrar" means the Registrar referred to under section 6; and"Register" means a Register of Legal Aid providers established under this Act.
Part II – Administration and coordination of legal aid providers
4. Establishment of Board
5. Functions of Board
6. Registrar of legal aid
7. Functions of Registrar
8. Appointment of Assistant Registrars
Part III – Registration of legal aid providers
9. Register of legal aid providers
10. Qualifications for registration as legal aid provider
11. Application for registration
12. Determination of applications
13. Refusal of registration
15. Certificate of registration
16. Suspension and cancellation of certificates
17. Procedure for suspension or cancellation
18. Supervision of legal aid providers
Part IV – Special provisions on paralegals
19. Qualifications for paralegals
20. Legal aid services by paralegals
Part V – Provision of legal aid
(a) General provisions
21. Application for legal aid
22. Person who may apply for legal aidAn application for legal aid may be made by—
23. General principles of legal aidSubject to sections 20(6) and 25, the legal advice, assistance or representation through legal aid shall not affect the relationship between the rights of an advocate and a client or any privilege arising out of such relationship.
24. Legal aid to be provided by institutions
25. Unauthorised payments
26. Records, monitoring and evaluation
(b) Legal aid in civil proceedings
27. Legal aid in civil proceedings by order of the courtWhere in any civil proceedings it appears to the presiding judge or magistrate that—
28. Notification of other parties
29. Recovery of costsWhere an aided person has been awarded costs in any proceedings, such person shall be entitled to the costs, provided that the legal aid provider may have the right to deduct from the award, the costs he incurred in respect of the proceedings in the manner prescribed in the regulations.
30. Execution of judgmentsA legal aid provider shall take necessary measures to execute a judgment or any settlement in order to recover the proceeds of proceedings.
31. Costs against aided person
32. Aided person not required to provide security for costsNotwithstanding the provisions of any written law, an aided person shall not be required to furnish security for costs during the trial or appeal proceedings.
(c) Legal aid in criminal matters
33. Legal aid by order of the court
34. Expenses incurred by advocates
35. Legal aid for children in conflict with the lawWhere any person is charged with the duty of supervising the welfare of the child, in execution of his duties deals with the child who has come into a conflict of the law, he shall cause such child to obtain legal aid immediately.
36. Legal aid for persons in custody
Part VI – Financial provisions
37. Sources of fund of the BoardThe funds of the Board shall consist of—
38. Annual estimates
39. Annual performance reportThe Registrar shall, within three months, prepare and submit to the Board an annual report on the performance of the Board during the financial year and the Board shall submit the same to the Minister who shall cause a copy of the report to be laid before the National Assembly.
40. Books of accounts
Part VII – Miscellaneous provisions
41. Registrar may require proof of existence
42. Obligations relating to professional conduct
43. Necessary order to be issued in case of professional misconduct
44. Prohibition against discrimination
45. Prohibition of misuse of funds for legal aid
46. General offencesA person who:
47. Publication of legal aid providersThe Registrar shall, annually, publish in the Gazette, in widely circulating newspapers in Mainland Tanzania, and in any other means of communication the names of registered legal aid providers, and legal aid providers whose names have been cancelled.
48. Powers of Minister to make regulations
49. Repeal and saving
50. Transitional arrangement
History of this document
30 November 2019 this version
01 July 2017
Cited documents 0
Documents citing this one 8
JOT Documents and Guidelines 1
- Adam s/o Amrani @ Hussein and One Another vs Republic (Criminal Appeal 82 of 2019)  TZHC 4507 (17 December 2020)
- Manyinyi Gabriel @ Gerisa vs Republic (Criminal Appeal 594 of 2017)  TZCA 742 (2 December 2021)
- Nestroy Paulo Rugarabamu vs Katty Katega and Another (Land Appeal 18 of 2022)  TZHC 22354 (3 November 2023)
- Onesmo Olengurumwa vs Attorney General (Misc. Civil Cause 15 of 2019)  TZHC 4555 (17 December 2020)
- Onesmo Olengurumwa vs Attorney General (Misc. Civil Cause 15 of 2019)  TZHC 4600 (17 December 2020)
- Stephano Aloyce Elihau & 3 Others vs Mlangalini Village Council & 5 Others (Land Case 19 of 2022)  TZHC 12279 (15 August 2022)