Tanzania
Legal Aid Act
Legal Aid Regulations
Government Notice 44 of 2018
- Published in Gazette of the United Republic of Tanzania No. 6 Vol. 99 on 9 February 2018
- Assented to on 5 February 2018
- Commenced on 9 February 2018
- [This is the version of this document from 9 February 2018.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary provisions
1. Citation
These Regulations may be cited as the Legal Aid Regulations, 2018.2. Interpretation
In these Regulations unless the context otherwise requires -"Act" means the Legal Aid Act;"accreditation or regulatory authority" means the authority which -(a)registered the institution providing legal aid;(b)in the case of a Non-Governmental Organization, the Registrar of the Non-Governmental Organizations;(c)in the case of a Community Based Organization, the Registrar of Societies;(d)in the case of a Trusteeship, the Registrar of Trustees; and(e)in the case of a Corporation, the Registrar of Companies;"Assistant Registrar" means Assistant Registrar referred to under section 8 of the Act;"certificate" means the certificate of registration of legal aid providers issued under regulation 6;"Registrar" means the Registrar referred to under section 6 of the Act;Part II – Administration and coordination of legal aid providers
3. Appointment of Registrar
Subject to section 6 of the Act, the Permanent Secretary of the Ministry responsible for legal affairs shall appoint the Registrar through instrument published in the Gazette as prescribed in the First Schedule.4. Appointment of Assistant Registrars
Part III – Registration of legal aid providers and paralegals
(a) Registration of legal aid providers
5. Application forms
6. Determination of application and issuance of certificate
7. Assistant Registrars to report on registered legal aid providers
8. Code of ethics for legal aid providers
An institution registered as legal aid provider shall at all-time observe the code of ethics for legal aid providers and any other code of conducts prescribed for persons conducting legal services.(b) Registrations of paralegals
9. Requirements and conditions for registration
10. Determination of application form by paralegals
11. Refusal of registration
12. Training of paralegals
13. Supervision of paralegals’ training
14. Promotion of legal literacy and awareness
15. Removal of a registered paralegal from the register
The Registrar may remove from the register of paralegals, the name of a paralegal:16. Suspension and cancellation of certificate of registration
Part IV – Legal aid to indigent persons and persons in lawful custody
(a) Provision of legal aid to indigent persons
17. Eligibility for legal aid
A person may be eligible for legal aid if in the opinion of the legal aid provider -18. Availability of application forms
19. Consideration of application
20. Measures to be taken
21. Obligation of indigent person
22. Obligation of legal aid provider
(b) Provision of legal aid services to persons in lawful custody
23. Persons in lawful custody
24. Application for legal aid service by persons in custody
For the purpose of facilitation of provision of legal aid service to persons in custody, the officer in-charge of the police station or prison shall distribute or cause to be distributed application form to each person in custody who intends to access legal aid services.25. Management of legal aid provision at police station and prisons
26. Role of legal aid provider
The legal aid provider shall, upon receipt of the matter as referred to it by the Assistant Registrar27. Role of officer in-charge of a police station or prison
Part V – Record management of legal aid provision
28. Books and records
Every legal aid provider shall keep proper and accurate records and reports of all the cases or matters handled.29. Reports on activities of legal aid service providers
30. Failure to submit annual reports
Subject to sections 16 and 17 of the Act, the Registrar or the Assistant Registrar may suspend a certificate of registration of a legal aid provider if such legal aid service provider fails to submit annual report in accordance with the provision of these Regulations.31. Legal aid in civil proceedings by order of the court
Pursuant to section 27 of the Act, where it is found that a person who is a party to a civil proceedings has insufficient means to enable that person to obtain legal services and it is in the interest of justice that the person obtain legal aid, a presiding judge, magistrate or a chairman of the tribunal, as the case may be, may issue a certificate in the form prescribed in the Ninth Schedule to these Regulations to the effect that such person be provided legal aid services.32. Resources, mobilisation and referrals
33. Costs awarded to aided person
34. Costs against aided person
Subject to section 31 of the Act, where costs are awarded against the person who was provided legal aid, normal taxation procedures provided under the Civil Procedure Code shall apply.[Cap. 33]35. Legal aid to children in conflict with the law
Part VI – Monitoring and evaluation of legal aid providers
36. Supervision
37. Inspection
38. Power of inspectors
The Registrar, Assistant Registrar, or a person authorized in writing by the Registrar may -Part VII – Management of appeals and other complaints
39. Matters eligible for appeal
For the purpose of section 14 of the Act, the following matters shall be eligible for appeal -40. Determination of appeals
In considering or determining the appeal, the appellate authority may -41. Complaints
42. Consideration of complaints
43. Determination of complaints
Where after consideration of the matter, the complaint made is proved, a person against whom the complaint was made may -44. Decisions of complaint to be communicated
The decision on the determination of complaints shall be in writing and a copy of such decision shall within fourteen days from the date of decision, be communicated or sent to the complainant and to a person against whom the complaint was made.Part VIII – Miscellaneous provisions
45. Legal aid providers’ forums, etc.
46. Continuous legal education
47. Legal aid providers with the certificate from the Chief Justice
History of this document
09 February 2018 this version
Published in Gazette of the United Republic of Tanzania No. 6 Vol. 99
Commenced
05 February 2018
Assented to