Government, retired judges act over LST mass failures

Dar es Salaam. The issue of mass failures at the Law School of Tanzania (LST) took a new turn yesterday when the government and retired judges announced the formation of committees to investigate the matter.

While Constitutional and Legal Affairs minister Damas Ndumbaro said in Dodoma that the government had appointed a seven-member committee, Tanzania Retired Judges Association (Tarja) president Thomas Mihayo announced that the body had formed its own investigation team.

Latest LST results show that out of 633 candidates, only 26 passed, while 342 will resit exams, and 265 failed.

Mr Justice (Rtd) Mihayo said yesterday that the problem was “serious”.

“Retired judges have decided to appoint a four-member team to look into the matter,” he told Mwananchi.

The team will visit LST and conduct interviews as part of its fact-finding mission.

“They will then compile a report that could be of great help to this country. This is no laughing matter. It’s an issue of national concern,” he said.

The team comprises retired judges Fauz Twaib, Engera Kileo, Salum Massati and Robert Makaramba.

It is expected that Dr Twaib and Mr Justice (Rtd)Makaramba will provide valuable insights into the problem as they also lecture at LST on a part-time basis.

Terms of reference

Dr Twaib said yesterday that the committee would get down to business soon as the terms of reference were ready.

He added that several issues needed to be investigated in the matter, including the state of law education at universities in Tanzania, starting with the curriculum and teaching systems.

“It’s good to know if we have enough law lecturers in our universities. It’s equally important to know whether these lecturers have the relevant qualifications. We are told that there are some universities which have only four lecturers, who teach 800 students,” Dr Twaib said.

The committee will also seek to establish whether the Tanzania Commission for Universities was playing its quality control role effectively.

The team will analyse the LST curriculum with a view to understanding whether it meets the requirements of the institution’s establishment.

The focus on LST will specifically seek to gauge the quality of practical training at the institution, and whether it meets the needs and aspirations of a modern-day Tanzania.

The type of lecturers teaching practical training at LST will also be scrutinised.

“You see, you cannot pick a law professor directly from university – a person who has never been in a courtroom – and expect them to effectively teach law practically,” Dr Twaib said.

He added, for example, that one could find a lecturer teaching Contract Law, but who had never prepared any contract throughout his teaching career.

“Such a professor cannot teach someone to become a practitioner in Contract Law. We need to know if LST has such people,” he said.

The retired judges will also seek to understand the teaching techniques used by lecturers at LST, and how they gauge their students’ practical capabilities.

Another retired judge who asked not to be identified said there was every reason for LST to shoulder part of the blame in the matter.

“From what I know, if only two students pass in a class of 50, then there is a big problem with the teacher. If you teach and prepare an examination where 95 percent of the students fail, you also need to be held accountable. In teaching, one has to be sure their students have understood the topic,” he said.

Meanwhile, Dr Ndumbaro said in Dodoma that the government-appointed team would be chaired by Dr Harrison Mwakyembe.

Dr Mwakyembe is a legal expert, who has in the past chaired prominent probe committees.

Another member is Mr Justice (Rtd) Cililius Matupa, a former High Court judge and legal adviser to Retired President Jakaya Kikwete.

The team also includes Mr Rashid Asaa, who is chairman of the Ethics Commission of Public servants in Zanzibar, and was once secretary of the Constitution Amendment Commission.

Tanganyika Law Society (TLS) vice president Gloria Kalabamu; Ms Alice Mtulo of the Attorney General’s Chambers; Dar es Salaam Stock Exchange acting chief executive Mary Mniwasa, and a student who took the TLS exams, Mr John Kaombwe, are the other members.

Dr Ndumbaro said the committee would work for 30 days from today before revealing its findings.

The minister added that Tanzanians wanted to know why mass failures at LST were now the norm rather than the exception.

“I studied law at the University of Dar es Salaam, but when I went to take the (bar) exam, I realised that I knew nothing about law because I encountered very new things...new because in university we study theory, while at LST it’s largely practicals,” he added.

However, Dr Ndumbaro said the aim was not to shatter anyone’s dreams, but to set “very high standards” as law was an important factor good governance, the rule of law and delivery of justice.