MSLAC: Solving disputes, building futures

DAR ES SALAAM: FOLLOWING its widespread success across the nation, the Mama Samia Legal Aid Campaign (MSLAC) is set to empower Dar es Salaam residents with vital free legal services and education, starting this Monday, June 16th.

This key initiative, spearheaded by the Ministry of Constitutional and Legal affairs, aims to bridge the justice gap for countless Tanzanians, particularly those in marginalised communities who often find legal assistance financially out of reach.

Director of Legal Aid Services in the Ministry, Esther Msambazi, said the campaign’s core objective is to ensure that all citizens, regardless of their economic status, can access their fundamental legal rights.

“The campaign involves providing legal education starting from the grassroots level, offering legal advice to those facing legal challenges and preparing court documents for those with ongoing cases through lawyers,” said Ms Msambazi.

She added, “We also have instances where we find cases on the ground and individuals can get a lawyer to assist them in court.” A hallmark of the MSLAC is its strong emphasis on Alternative Dispute Resolution (ADR), she said through this approach, the campaign has already achieved remarkable success in resolving numerous disputes, including complex inheritance issues and other long-standing conflicts, some of which had festered for as long as two decades.

Ms Msambazi said in a bid to provide comprehensive support, the initiative also collaborates with various partners who assist in obtaining crucial documents like birth certificates and in the drafting of wills for those who are prepared.

She said a critical issue uncovered during the campaign is a widespread lack of public understanding regarding the initial steps to take in inheritance matters.

This knowledge deficit, she said, often escalates inheritance disputes into criminal cases.

“If citizens understand the law, it will also help reduce conflicts in the community,” she said, underlining the campaign theme “Legal aid for justice, equality, peace and development.”

The MSLAC has revealed a significant prevalence of land-related disputes, which constitute over 80 per cent of the conflicts encountered.

ALSO READ: Mama Samia Legal Aid campaign rescues 6,900 detainees

These range from intercitizen disagreements over land boundaries to issues of compensation and village boundary disputes, according to her.

Following land, inheritance cases are common, alongside Gender-Based Violence (GBV) and child maintenance issues, frequently arising from informal marriages.

Disturbingly, Ms Msambazi pointed out that cases of child abandonment are not limited to men, with some women also leaving their children with grandparents or their fathers.

Regarding inheritance, she offered crucial guidance, first, after a person’s demise, the family or clan should convene, discuss and propose who should be the administrator of the estate.

Then, they go to Registration Insolvency and Trusteeship Agency (RITA) for a death certificate and subsequently, to the primary court or any other legally empowered court to appoint the administrator.

She said that the administrator need not be an heir but must be an honest individual capable of distributing the deceased’s assets according to the law.

“Many inheritance disputes stem from heirs rejecting the appointed administrator or the administrator acting contrary to legal requirements, attempting to claim a share of the inheritance for themselves,” she said.

While the current phase of the MSLAC is a three-year campaign set to conclude in 2026, the Ministry is committed to ensuring sustainable access to legal aid.

To this end, legal aid desks have been established in every local council across the country.

These desks, which became operational last year, have already reached over 6 million citizens, continuing the vital services initiated by the campaign.

The Ministry is also bolstering its network of paralegals at the ward level, who play a crucial role in providing education and resolving disputes.

Efforts are ongoing to train more citizens as paralegals, with the aim of ensuring their presence in every ward.

Furthermore, the Ministry has registered over 300 organisations providing legal aid, guaranteeing that services are continuously available.

Ms Msambazi said that during the campaign’s execution, the Ministry leveraged existing local officers, viewing it as a valuable capacity-building exercise.

“The Ministry itself is the coordinator, but all the operational work is carried out by personnel from the respective areas,” she said.

The Dar es Salaam leg of the campaign will be officially launched at Mbagala Zakiemu this Monday, June 16th, with Prime Minister Kassim Majaliwa expected to grace the event as the guest of honour.

“The campaign will run for 10 days, a detailed schedule will be provided for each of the 10 selected wards, covering three streets per ward. Wards are strategically chosen by local councils, prioritising those that are less easily accessible,” she said However, the campaign is open to all, citizens from other wards and even other regions are welcomed to seek assistance at the campaign sites.

ALSO READ: Mtwara residents to benefits from Mama Samia Legal Aid Campaign

“Those intending to utilise the services are advised to come prepared with complete documents and information to streamline the assistance process. Crucially, all services provided are entirely free of charge,” she said.

Beyond facilitating access to justice for the most vulnerable, the MSLAC also seeks to educate communities about their legal rights and how to lawfully claim them.

By offering preliminary mediation through volunteer lawyers, the campaign aims to reduce the burden of minor, unfounded cases in the court system and bring legal aid services closer to the people, especially those in peri-urban areas.

Advocate Asajile Baraka lauded the campaign’s significance, noting that many individuals are unaware of where to seek free legal assistance.

“Procedures exist and you can get a lawyer to handle your case for free through the legal aid process. You can get this representation in all cases, both criminal and civil,” he said.

The campaign has been met with enthusiastic reception from Dar es Salaam residents.

Chiwata Antony expressed a common sentiment, highlighting the challenge of legal language. “I wish laws were written in Kiswahili so all of us could understand them.

Many of us don’t understand what ‘CAP’ means, is it a book or a legal newspaper? Where do we get it to read? Or do only lawyers own them and we have to follow them? “In short, I have come to think that the issue of law in our country is limited to a few; it bypasses the poor and the majority. It’s a struggle for many and we believe campaigns like these will bring us great relief,” he said.

A Kigamboni resident, Salehe Kibiriti, said the campaign is something he has been waiting for a long time because he believes it will help him understand several things about land claims.

He specifically hopes to clarify the meaning of legal provisions, such as what it signifies when the land and housing tribunal uses “Section 8” in its decisions.