Legal Aid (Remuneration of Advocates) Rules, 2019

Government Notice 109 of 2019

Legal Aid (Remuneration of Advocates) Rules, 2019

Tanzania
Legal Aid Act, 2017

Legal Aid (Remuneration of Advocates) Rules, 2019

Government Notice 109 of 2019

[Made under section 33(3)]

Part I – Preliminary provisions

1. Citation

These Rules may be cited as the Legal Aid (Remuneration of Advocates) Rules, 2019.

2. Interpretation

In these Rules unless the context otherwise requires—Act” means the Legal Aid Act;[Act No.1 of 2017]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 the Act;Chief Court Administrator” has the meaning ascribed to it under the Judiciary Administration Act and any other person acting in that capacity;[Act No. 4 of 2011]determining authority” means—(a)in the case of proceedings before the High Court, the presiding judge; or(b)in the case of proceedings before a district court, Juvenile Court or a court of a Resident Magistrate, the presiding magistrate;indigent person” has the meaning ascribed to it under section 3 of the Act;legal aid provider” means an institution registered under section 9 of the Act;legal aid services” has the meaning ascribed to it under section 3 of the Act;Registrar” means the Registrar of the High Court, and includes a Deputy Registrar or acting Deputy Registrar.

Part II – Provision of legal aid

3. Order certifying legal aid

(1)Pursuant to the provisions of section 33 of the Act, the presiding judge or magistrate, after inquiry and upon being satisfied that the accused person is in need of legal aid, shall give an order to that effect.
(2)Upon receipt of the order, the Registrar or magistrate in charge shall assign to the accused person a legal aid provider in the LA Form No.1 set out in the First Schedule to these Rules.

4. List of advocates and legal aid providers

The Registrar and magistrate in charge shall keep and maintain a comprehensive list of advocates and legal aid providers offering legal aid in their respective areas.

5. Remuneration of advocate

(1)Subject to section 33(3) of the Act, remuneration of an advocate assigned to represent an accused person in terms of subsections (1) and (2) of section 33 of the Act shall be as follows—
(a)daily subsistence allowance at the rate payable to a judge, when an advocate is assigned to provide legal services to a person outside the geographical boundaries of the district, township, municipality or city in which he resides;
(b)reimbursement of transport costs as shall be determined by the Registrar or the magistrate in charge in accordance with the Second Schedule to these Rules;
(c)upon determination of the case involving an aided person on merit, the assigned advocate shall be entitled to a sum—
(i)in the case of the High Court, not exceeding five hundred thousand shillings; or
(ii)in the case of a court of a Resident Magistrate or district court, not exceeding one hundred thousand shillings:Provided that, in the case of proceedings before the High Court, the Judge hearing the proceeding and, in the case of proceedings before any other court, the Chief Justice, or the Principal Judge may for special reasons, regard being had to the complexity of the proceedings or the duration thereof, authorize the payment of a higher remuneration not exceeding one million shillings in respect of each proceeding, or in respect of each accused person, as the case may be.
(2)The presiding judge or magistrate shall endorse the final determination of the case on merit or otherwise.
(3)Where the case is determined other than on merit, the presiding judge or magistrate shall certify an amount payable to an advocate.

6. Registrar to prepare summary of remuneration

(1)Upon final determination of a case, the Registrar or magistrate in charge shall, as soon as practicable but in any event not later than thirty days from the date of certification, prepare a summary of the remuneration due to the advocate in the LA Form No. 2 set out in the First Schedule to these Rules and submit it to the Chief Court Administrator for payment.
(2)The Chief Court Administrator shall, as soon as practicable, after receiving the Form referred to under sub rule (1), remit the payment to a bank account provided by the assigned advocate.

7. Expenditure incurred by advocate

(1)An advocate who incurs special expenditure referred to in section 34 of the Act shall submit his claim to the Chief Court Administrator through LA Form No. 3 set out in the First Schedule to these Rules.
(2)The Chief Court Administrator shall, within fourteen days from the date of receiving the claim, determine whether the advocate is entitled to the sum claimed.
(3)Where the Chief Court Administrator is satisfied that the advocate has reasonably incurred the special expenditure claimed or portion of it, he shall certify the special expenditure in the LA Form No. 4 set out in the First Schedule to these Rules and effect payment into the bank account provided by the assigned advocate as soon as practicable.

First Schedule

[Editorial note: The forms have not been reproduced.]

Second Schedule (Made under rule 5(1)(b))

Reimbursement of transport costs

S/NTransport byClass
1AirEconomy Class
2SeaFirst Class
3TrainFirst Class
4RoadLuxury Class
5In case of private transportThe advocate shall be entitled to mileage allowance at the applicable government rate
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History of this document

01 February 2019 this version
22 January 2019
Assented to

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