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Remarks by AG Mwanyika point to good governance
2007-12-17 08:49:06
By Editor
In remarks at a function in Dar es Salaam on Friday at which 43 newly enrolled advocates were admitted to the bar, Attorney General Johnson Mwanyika called for the disciplining of errant advocates.
He said his blunt remarks were prompted by a noticeable rise in the number of malpractices in the legal profession, the most poignant examples including the arraignment of legal counsel over acts of professional misconduct.
According to the AG, who has served in the country`s Judiciary since the early 1970s, the charges facing most of the advocates who have landed in trouble related to thefts and other money matters, professional negligence or incompetence, fraudulent execution of decrees, and unauthorised representation in the execution of decrees.
Accordingly, he recommended that the country`s legal system in general and the Tanganyika Law Society in particular exercise greater vigilance against the danger of the legal profession being invaded by quacks.
It remains to be seen how advocates, the rest of the legal fraternity and the larger public will view or react to these observations, which are far from complimentary.
But there are times when the truth, however bitter or unpleasant, should be said particularly when the rule of law is at serious risk.
There in no doubt whatsoever that lawyers belong to one of the most highly regarded professions anywhere and that they ought to do whatever is humanly possible to maintain or build on that esteem through exemplary practice and behaviour.
Professional codes of conduct place on lawyers very high demands, and this for a reason.
It matters not whether one is practising in one of the world`s poorest countries; no excuses should be entertained when mediocrity or shoddy, irresponsible or criminal practice rears its ugly head.
Given his vast experience, and aware of the onerous duty he has of safeguarding and promoting justice and the rule of law, Mwanyika has every right to give misbehaving legal practitioners a piece of his mind.
Even lay persons expect advocates and other legal practitioners to act with dignity, integrity, honour, respect, moderation, courtesy, independence and impartiality and to uphold respect for the law, and ensure the proper administration of justice.
They know that, as emphasized under Quebec law, that advocates owe their clients a duty of skill as well as obligations of loyalty, integrity, independence, diligence and prudence.
But is it not true that we sometimes hear of case upon case of advocates agreeing to provide professional services without bearing in mind the extent of their proficiency, knowledge and the means at their disposal?
Who has not come across, experienced or heard of cases of particular legal counsel undertaking or continuing to provide professional services for which they were not sufficiently prepared or competent?
How many of our advocates always remember to advise clients qualifying for legal aid accordingly?
How many always charge clients fairly, resist inducement by clients to perform illegal, unfair, immoral or fraudulent acts?
Mwanyika’s comments speak the language of good governance. Now let’s see more concrete action to match.
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