The Minister of Constitutional and Legal Affairs, Dr Damas Ndumbaro (right), receives from the chairman of the committee that was tasked with investigating mass failures at the Law School of Tanzania, Dr Harrison Mwakyembe, the team’s report in Dar es Salaam yesterday. PHOTO | MICHAEL MATEMANGA
Summary
Dar es Salaam. The team that investigated mass failures at the Law School of Tanzania (LST) yesterday recommended structural and policy reforms, including the formation of the Council of Legal Education (CLE) to oversee education provision in the legal fraternity.
Others are changes in examination composition, results delivery and handling of student’s appeals as well as the relocation of the High Court Division of Corruption and Economic Sabotage, currently operating from LST facilities.
Also, the committee has recommended an improved learning environment by constructing a cafeteria and hostels for upcountry students, as well as making close follow-up on allegations of corruption, bullying and favouritism levelled by some students.
These were part of recommendations read out by the committee chairperson, Dr Harrison Mwakyembe, when handing over the investigation report to the Constitution and Legal Affairs minister, Dr Damas Ndumbaro.
Dr Mwakyembe handed over the report yesterday after completing 30 days of investigation based on 16 terms of references provided by the ministry’s Permanent Secretary, Ms Mary Makondo.
The committee was formed following heated debate in mainstream and social media after the mass failure of LST students following results released on October 5, 2022.
According to the results, out of 633 students from the Cohort 33, only 26 passed their examinations; 342 had to sit supplementary exams, while 265 others failed.
Yesterday, Dr Mwakeymbe said the committee had recommended the formation of CLE, provision of its secretariat, an office and a budget to enable it to execute duties efficiently.
“CLE should sit with the Tanzania Commission for Universities (TCU) in order to increase pass marks for Form Six and Form Four students preferring to proceed for law education with emphasis to be paid to English and Kiswahili subjects,” he said.
“The council should also sit down with universities to make communication skills a compulsory subject for law first degree students,” Dr Mwakyembe added.
He said CLE should oversee introduction of LST pre-entry examinations, receive applications and approve admission to first degrees graduates who decided to join law firms or court practices in a period not later than one year after graduation to gain experience.
Dr Mwakyembe said CLE should be responsible to review the curricula of the National Law Education and practical legal education and ensure there is an acceptable teacher to student ratio.
“CLE should ensure all law schools issue a first degree after a period of four years. It should also sit down with law schools, faculties and institutions to agree on basic subjects to be taught in the fourth year of education,” he said.
He said during its investigation it was discovered that there was no political will to the formation of CLE and provide it with mandate and authority to oversee the legal fraternity in the country.
“That’s is because since its formation in 1963, its leaders including the Chief Justice (CJ) and Attorney General (AG) have been participating in the council’s activities through representation,” he said.
“It is therefore recommended that the CJ and AG should participate in person in the CLE meetings. The Advocates Act Cap 341 should be reviewed to remove a section allowing their attendance through representation,” he said.
He said examination candidates should be released earlier and that Information and Communication Technology (ICT) systems should be strengthened to address challenges associated with electronic exam results and also reform appeal processes to increase transparency.
Dr Mwakyembe said the committee recommended relocation of the High Court Division of Corruption and Economic Sabotage from the LST facilities to pave the way for introduction of the Resident Magistrate Court that would be used for students for strengthened practical training.
“The institution (LST) should use the Public Private Partnership (PPP) for construction of a cafeteria and hostels to address accommodation challenges facing upcountry students,” he said.
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