TLS looms large as the new battlefield

Dar es Salaam. The search for the new president of the Tanganyika Law Society (TLS) has turned out to be a ground for a fierce battle pitting the government against members of the bar association who are rallying to block what they describe as attempts by the state to hijack their body.

Emotions are running high and the tug-of-war is turning fierce ahead of TLS elections that have drawn unprecedented huge interest from the two sides. Of what personality the new TLS leader should be, and/or from what political affiliation he should or shouldn’t come, are the key questions that have, apparently, fuelled the escalating conflict between lawyers on one side, who feel their body has become ‘too dormant’ at the expense of many legal issues of national interest, and the government, on the other, which says it wants to save the organisation from becoming an extension of a political party.

Already, the TLS Nomination Committee has screened members tipped for various positions, and endorsed five to contest for presidency of the 6,000-member bar association. They include Ms Victoria Mandari, former TLS President Francis Stolla, former Home Affairs minister Dr Lawerence Masha, Mr Godwin Mwapongo and firebrand opposition politician Tundu Lissu.

Why TLS election matters this time?

Signs of clashes between the government and lawyers advocating change became apparent early this month when President John Magufuli said he had information that officials from a certain political party were campaigning to have their man replace the current TLS president, Mr John Seka.

Speaking during Law Day celebrations in Dar es Salaam, President Magufuli appealed for lawyers to maintain neutrality if they are to serve for the interests of the nation.

The President went further to say that he would have to ask himself twice before appointing as a judge any lawyer proposed by the TLS, when that person is known to be affiliated with a certain political party.

“Never, over my dead body! You must observe neutrality. Once you are neutral everyone will respect you. The development of this country doesn’t depend on any political party,” said the President.

And the statement by the minister for Constitutional Affairs and Justice, Dr Harisson Mwakyembe, last week during a TV interview that he wouldn’t hesitate to disband TLS if it continues to operate like a political party has intensified the debate over the status and future of TLS.

Why this time?

Carefully maintaining impartiality, former TLS president Stolla says the fact that some members of the association who are known to be ‘very much active’ in politics are contesting for the presidency has made the election a platform for political interests.

“In the past, we were not identifying ourselves by political affiliations. Active politicians were not coming out aspiring leadership positions. This doesn’t mean TLS members do not belong to political parties. They do belong, but were not eyeing leadership posts inside the TLS,” says Mr Stolla.

According to Mr Stolla, the reaction of some members soon after President Magufuli hinted that lawyers from a certain political party were campaigning for their candidate was enough to tell the dangers of letting politics reign in TLS.

“Soon after the President’s remarks, one of our members declared that he was coming to vie for the TLS presidency so that he can confront the President, not to implement the obligations entrusted to him by the law establishing TLS. That is purely a political exchange on the TLS platform that our president shouldn’t entertain,” he said.

Two TLS members vying for the presidency, and who are known to be active politician, include Singida East MP and the director of legal affairs for the main opposition Chadema, Tundu Lissu, and Dr Lawrence Masha, who is also a prominent Chadema member.

Analysts say their candidature for the TLS presidency is what makes this year’s election a do or die affair for political interests.

But Mr Stolla believes that confrontation and mistrust between the government and lawyers has provided a good opportunity for the TLS to amend the law or rules to ensure ethics reign in the professional body.

“A judge or military officer of a certain rank is forbidden from being members of a political party. This is a matter of ethics. We can also make some changes to cure this unhealthy situation,” he says.

One of the key functions of the TLS is to assist the government on matters concerning the law. Mr Stolla says only a neutral TLS president is in a position to fulfil this obligation, better than a president who is an affiliate of a political party or active politician.

“We need to ask ourselves if our (TLS) president issues a statement, will it be seen as ours or a politician’s? So a kind of configuration must be done to enforce neutrality and avoid such dilemma,”

He speaks of a guiding principal for lawyers; impartiality and fairness as a critical thing to look at when lawyers want to elect their leader. “If there is a misunderstanding between CCM and Chadema or CUF, will our president exercise impartiality and fairness?

But his fellow candidate, Mr Lissu, views remarks by President Magufuli and Dr Mwakyembe’s threat to ban TLS as attempts by the government to interfere with the coming TLS elections to maintain the status quo.

“The government has always wanted to see a dormant TLS, a TLS that keeps quiet even when there is a serious breach of the rule of law. Now that TLS is about to change into a form they wouldn’t want, they are looking for all ways to prevent that from happening,” he says.

Mr Lissu says threats by the minister to disband the law society are calculated to ensure that lawyers choose a candidate who will not cause the government any trouble.

“Their fear is not Chadema but a law society that fearlessly questions legal issues in this country, a law society that will question once the President breaches the Constitution,” he says.

Mr Lissu says dissolving the TLS will paralyse the country’s judicial system. “Think of lawyers with matters in court, in tribunals and other quasi-judicial bodies. Disssolving TLS is tantamount to wiping out lawyers all over the country.

“The basic function of the TLS is to protect legality, the rule of law and basic human rights, and not to protect interests of its members only. The main objective is to protect the rule of law, which is currently under attack,” he says.

“What they fear is how TLS will be with Tundu Lissu on the driving seat. They know we will no longer be shaken. They know my position on legal issues. They know I cannot be threatened,” says Mr Lissu.

Current TLS president John Seka cautions of the dangers of blowing TLS affairs out of proportion, saying it was unfair to link the ongoing exchanges with the coming TLS elections.

“People have started realising the importance of the law society. Many more want to see changes in the society. They want to see TLS with a voice on national matters,” says Mr Seka.

Lawyers advocating leadership change in TLS feel that their body is ‘invisible and inactive’ and has not been vocal on legal issues affecting their nation, like their counterparts in Kenya and Uganda.

They query the party’s silence over the stalled constitutional making process, unlawful arrests of local government employees on the orders of regional and district commissioners, and many other issues they feel their body should have aggressively and jealously come out to protect.

Wrong perception

But TLS president Seka says the silence that pro-change lawyers speak of is a wrong perception of reality. “It is not correct to say TLS is not visible. This year for instance, we resolved to focus more on issues concerning our members. We issued statements whenever the need to do so arises. It is not a must that we issue a statement on every issue,” he says.

However, former president Stolla differs with Mr Seka on reasons to justify TLS’ invisibility, saying “sometimes the personality of a leader of the society has so much to do with the visibility of the society”.

“The personality your leader can contribute to the society being seen as dormant or active. If the president is not coming out to state our position on legal matters of national interest, what do you expect?”

According to Mr Stolla, there is no need for the TLS to be seen as dormant while there are a lot of issues to deal with.

“In the past we frequently organised press conferences and issue statements; we filed strategic cases in court like the petition to challenge Article 100 of the Constitution that provides for immunity of MPs against prosecution. If the president is not doing so, he should not expect the society to be active.”

Former Home Affairs minister Lawrence Masha joined the raging debate when he wrote on his Facebook page to accuse Dr Mwakyembe of suppressing his moral and ethical duty of advising the government professionally, and not politically.

“The political affiliation of candidates for positions within the TLS has not been and shall never be a qualification or reason for disqualification for society leadership. The TLS is a professional body and accordingly, it is the professional qualifications of candidates that should be vetted, and was vetted for the current list of candidates,” he says.

Mr Masha sees Dr Mwakyembe’s threat to dissolve TLS as a clear attempt by the government to interfere with TLS’ electoral process. According to Dr Masha, the relationship between the government and TLS can be cordial where communication is open and professional respect is maintained. “It is where the Justice minister and the Attorney General fail to advise government accordingly with respect to protection of the rule of law, good governance and access to justice for all, that the TLS will become vocal, not in an attempt to become political but in the course of carrying out its statutory duties,” he says.

Dr Masha says in the past few months, there have been a number of actions and statements by persons in leadership positions that have clearly gone contrary to the traditional notions of the rule of law that Dr Mwakyembe should raise instead of agonising about the political affiliations of candidates for positions withiing TLS.