Lawyers Celebrate the Victory of New
TLS President Boniface Mwabukusi. Photo: Courtesy
By Adonis Byemelwa
The Tanganyika Law Society (TLS) has
declared Boniface Mwabukusi as its new president, citing his unwavering stance
and boldness as key factors in his victory. Mwabukusi clinched the position
with 1,274 votes, amounting to 57.4%, outpacing competitors Sweetbert Nkuba,
Revocutus Kuuli, Ibrahim Bendera, Paul Kaunda, and Emmanuel Muga in an election
held outside Arusha for the first time.
On July 31, 2024, astute advocate and
human rights activist Peter Madeleka portended that, despite plans to disown
Boniface Mwabukusi, his position enjoys massive support. He noted that members
of the public bar were set to lose their sinister plans against Mwabukusi, as
they are few in number. He added that even the laws of the land had initially
barred public lawyers from practicing the same way as their private
counterparts, a move that made them lose credibility before the public.
The election, which took place at the
Jakaya Kikwete Convention Centre (JKCC) in Dodoma, aimed to find a successor to
Harold Sungusia, whose term had ended. The results, expected to be announced at
11 PM, were delayed and revealed at 5:15 AM due to the death of a delegate,
Maria Pengo, and a shortage of ballot papers.
Mwabukusi's journey to the presidency
was fraught with challenges. One day before the presidential campaigns began,
the TLS Appeals Committee disqualified him, despite his prior approval by the
Election Committee, due to an alleged ethical blemish. On July 11, 2024,
Mwabukusi filed a motion in the High Court seeking a review of the decision,
supported by numerous fellow lawyers.
On July 26, the court overturned the
disqualification. Mwabukusi is renowned for his firm stance on justice and
public interest, having vocally opposed the Dubai World (DP-World) investment
and port development contract, which he argued was not in the public interest,
despite the government's claims of its significant benefits. Throughout his
career, he has faced numerous challenges, including appearances before the
Advocates' Ethics Committee for alleged misconduct.
On August 1, 2024, while canvassing
for votes, Mwabukusi highlighted that, except for his rival Kuuli, other
contenders lacked significant impact, prompting them to focus on praising their
manifestos and agendas. He criticized the government's failure to address
fundamental issues outlined in the fourth clause of the Advocates Act, blaming
this for the perennial challenges faced by lawyers.
Mwabukusi emphasized the need for TLS to have
a leader who would return the institution to its foundational principles,
urging members to vote for him in large numbers. He pointed out the
proliferation of legal associations as a result of a lack of authenticity and
accountability, leading to government interference in the legal profession.
Nkuba, another candidate, pledged to
uphold unity and economic interests for lawyers, including phased fee payments,
health insurance, and mentorship programs for young lawyers. He also promised
to strengthen relationships with various stakeholders, including the
government, ensuring that all investment contracts include mandatory legal
services for local content to protect lawyers' jobs.
In his campaign speech, Mwabukusi
underscored the necessity for TLS to refocus on its core mandate, criticizing
previous administrations for neglecting their primary duties and instead
engaging in non-essential matters. He highlighted the importance of the fourth
clause of the Advocates Act, which mandates TLS to advise the government on
legal matters. According to Mwabukusi, this role has been abandoned, resulting
in the society's diminished influence and effectiveness. His call to action
resonated with many lawyers who have long felt that the society has strayed
from its original mission.
Mwabukusi's win marks a significant
shift for TLS, with many members hopeful that his leadership will bring about
much-needed reforms and restore the society's credibility and impact. His
presidency, set for a three-year term due to recent changes in TLS regulations,
is seen as an opportunity to address longstanding issues and chart a new course
for society.
As Mwabukusi takes the helm, he faces
the daunting task of uniting a divided society and addressing the numerous
challenges that have plagued TLS in recent years. His supporters are optimistic
that his bold and uncompromising approach will lead to positive changes and
reinvigorate the society's commitment to justice and public service.
Mwabukusi will lead TLS for three
years, an extension from the previous one-year term, due to recent legal
changes.
