TPBA opposes TLS’s restrictions on lawyers providing legal aid to the public
DAR ES SALAAM: The Public Bar Association (PBA) has strongly opposed a directive issued by the Tanganyika Law Society (TLS) which restricts lawyers from providing legal aid to the public.
The directive follows the September 15, 2025, assault of lawyer Deogratius Mahinyila by police officers while he was following up on a court case involving CHADEMA Chairman, Tundu Lissu.
Speaking at a press conference in Dar es Salaam on September 23, 2025, PBA Chairman Addo Mwasongwe criticized TLS for issuing statements and resolutions aimed at stopping lawyers from assisting citizens legally. He described the move as a violation of both professional legal principles and citizens’ constitutional rights.
“One of the key duties of a lawyer is to provide legal aid. Some can afford it and those who cannot. For those without the means, the law obliges us to serve them it’s not a matter of choice,” Mwasongwe stated.
He emphasized that TLS does not have the legal authority to prevent the provision of legal aid, warning that such actions threaten access to justice for ordinary citizens. “TLS’s actions disrupt the justice delivery system and deprive people of their constitutional rights,” he stressed.
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Referencing the Constitution of the United Republic of Tanzania, Mwasongwe pointed to Article 26(1), which mandates every citizen to obey and uphold the Constitution and national laws. Therefore, he said, TLS’s directive contradicts constitutional provisions.
“Where does TLS get the authority to instruct its members not to offer legal aid, when that is both a legal and constitutional obligation?” Mwasongwe questioned.
He further informed the public that TLS had erred in law and overstepped its mandate. He accused the organization of misleading the public, noting that under the Constitution, only Parliament has the authority to enact laws.
Mwasongwe concluded by calling on all lawyers across the country to continue serving the public in accordance with the law and Constitution. He emphasized that providing legal aid is not charity; it is a professional duty.
