Lawyers rebuff TLS strike call

FAUSTINE KAPAMA

Mr Tundu Lissu

IT was business as usual for courts in Dar es Salaam, yesterday as advocates completely ignored the call by the Tanganyika Law Society (TLS) urging them to boycott all proceedings for two days in protest against the alleged bombing of IMMMA Advocates Offices.

Judges at the Court of Appeal and all divisions of the High Court (Commercial, Labour and Land) conducted court proceedings as normal and there was no case that was adjourned or otherwise for non appearance of an advocate.

It was also normal at Kisutu Resident Magistrate’s Court and other lower courts in the city where magistrates went ahead conducting judicial sessions as planned with advocates in full attendance.

Through its President Tundu Lissu (pictured), TLS governing council recently convened an emergency meeting to deliberate on the action to be taken following the alleged bombing of the prominent law firm’s offices at Upanga area in Kinondoni District on August 26, 2017 at night.

The council came up with a proclamation to call members of the bar to stage a boycott for two consecutive days, starting yesterday to register their concern on the act.

However, a survey conducted by the ‘Daily News’ in all courts showed that lawyers remained defiant on the call. “For whom are we boycotting and what do we want to achieve?” advocate Steven Bwana said.

And, referring to advocate Gasper Nyika, who was in a court corridor waiting for his case, Mr Bwana further queried, “If the victim is here, why should I boycott?” Mr Nyika is among advocates from IMMMA Advocates.

He reserved his comments on the matter, but his learned brother, Mr Audax Vedasto, who was sitting next to him, expressed his concern on the way the TLS hurriedly came up with such a move without proper consultation of all members.

He said that much as they were not supporting the bombing, he was of the opinion that the bar association should have waited for the ongoing investigations by the police to be carried out first before taking such a decision, whose impact might have adverse consequences to their clients.

Roman Lamwai, an upcoming lawyer, who is following the route of his father, prominent advocate Dr Masumbuko Lamwai, gave almost similar sentiments, but added that the police should be given enough time to investigate on the matter in order to identify the culprits and the motive behind the move.

Seasoned advocate Jerome Msemwa went an extra mile by questioning what law empowered the TLS Council to call the strike in question.

“I have a contract with my client to represent him. I do not see any reason why I should not discharge my duty, as there is no any law allowing me to boycott,” he said.

Advocate Fredrick Jonathan pointed out that he had come to court to attend his client who is in remand. According to him, his failure to attend the court session would have an adverse impact on the accused.

He stressed that boycotting court sessions would not help anything under the prevailing circumstances.

Most advocates who requested anonymity warned the TLS to avoid creating a feeling among members of the public that the association was running as a trade union and was being used as a political forum. They said TLS should remain as a professional body and not otherwise.

Police report indicates that on the night of August 26, this year, some people in two motor vehicles stormed IMMMA Offices situated at Upanga area in the city and kidnapped security guards, who were later dumped at Kawe area.

It is reported that after a few minutes after the group left the premises, a huge explosion hit the building, causing some damages and including at nearby offices.

The police have called upon members of the public to remain calm as investigations into the matter were continuing. From Zanzibar ABDALLAH MSUYA reports that Lawyers in the Isles refused to take part in the strike called by their Mainland counterparts, TLS.

The President of Zanzibar Lawyers Society (ZLS), Omari Shaban Mohamed, confirmed to the ‘Daily News’ that lawyers in the Isles executed their duties, defying TLS call to boycott court sessions for two days, starting yesterday.

“We’re supporting TLS statement condemning the attack on IMMMA Advocates Offices and the measures they have taken. Regarding the strike, on Zanzibar side the resolution must get the blessing of ZLS’s leadership council, therefore, at the moment ZLS members are not on the strike,” ZLS President, Mr Mohamed said.

An Advocate with Zanzibar High Court, Mr Awadhi Ali Said, suggested that the strike was not the best option to condemn the alleged bombing of the law firm’s offices. “Strike or staying away from work should have been the last weapon to be used in expressing grievances.

“It is unfortunate TLS decided to opt for two-day strike. Perhaps it is an indication that they have no trust in the judiciary, police and dialogue,” remarked Mr Said.

In Bukoba MEDDY MULISA reports that several Bukoba-based advocates yesterday morning continued with work defying the call by the TLS governing council to boycott court sessions.

The call was relayed to TLS members by its president, Tundu Lissu, just moments after an emergency meeting was convened by the council specifically to chart its next course of action following the alleged bombing of the law firm’s offices at Upanga area in Dar es Salaam.

When the ‘Daily News’ visited the Bukoba Resident Magistrate’s Court, most advocates were carrying on with their duties as usual. One of the advocates, Hussein Gabriel, said the governing council hurriedly came up with this position which, in his opinion, is not proper.

“We as professionals should handle the issue with utmost care. First, such action would have negative impacts or consequences to our clients, who have fully instructed us to provide legal services.

Secondly, the TLS wasn’t a ‘trade union’ and that, as officers in the legal profession, they do not have any dispute with either the government or judiciary,” he explained.

He noted that TLS should be patient as police continue with investigations. “We should give room to the law organs to conduct thorough investigations.

It is not proper to jump into conclusions,” he remarked.

Meanwhile, JOHN MHALA from Arusha has it that most members of TLS Arusha branch ignored the call.

One of the advocates in Arusha, Pares Parpay, noted that he could not support the strike because he entered into contracts with his clients and therefore supporting the strike was tantamount to betrayal to his clients.