The implications of Dr. Ndumbaro’s comments extend beyond the immediate tensions between TLS and the government. Photo: Courtesy
By Adonis Byemelwa
The Tanganyika Law Society (TLS) yesterday 17th December 2024 issued an official response following recent comments made by Dr. Damas Daniel Ndumbaro, the Minister for Constitutional and Legal Affairs, regarding the society's public statements.
The Minister, during a signing ceremony on December 16, 2024, of a Memorandum of Understanding (MoU) between TLS and the Ministry, was quoted as saying, “If there’s one thing the government does not tolerate, it’s rash statements from TLS.”
This remark has sparked concern within TLS and among the public, given the long-standing reputation the society has built over the years.
TLS, which plays a vital role in representing, protecting, and assisting legal professionals, has stated that its public statements are made based on careful consideration of the law, rules, and regulations.
In a statement issued on December 17, 2024, TLS President Boniface Mwabukusi emphasized that the society’s role is not to engage in rash actions but to serve the public interest with integrity.
“We are a professional body created by law, under the Parliamentary Act No. 307, tasked with representing, protecting, and assisting our members in their legal practice. We do not issue statements arbitrarily. Our statements are based on in-depth research, confirming violations of legal procedures or government regulations,” Mwabukusi stated, defending the society’s position.
The exchange between the government and TLS, which has already generated significant public debate, raises important questions about the relationship between legal institutions and government bodies in Tanzania.
At the heart of the matter is the government’s perception that TLS has sometimes overstepped its bounds in publicly criticizing governmental actions. Minister Ndumbaro’s comments, urging TLS to use "wisdom" in voicing its concerns, reflect a broader desire for government and professional organizations to engage in more private, behind-the-scenes dialogue instead of public confrontations.
Dr. Ndumbaro explained the government’s standpoint during his speech at the MoU signing event. He drew comparisons to other world powers, such as the U.S., Europe, and China, noting that no government would tolerate being publicly disrespected.
“There comes a time when we may tell you that we don’t like something, but there are also times when we choose to remain silent, to wait. If TLS believes the government has made a mistake, the doors are open. But instead of rushing to the media with inflammatory statements, come and talk to us directly,” Ndumbaro said.
While the Minister’s comments advocate for a more private and constructive approach, they have raised concerns about the potential silencing of public discourse.
For years, TLS has been a vocal advocate for legal rights and justice in Tanzania. The society’s role in highlighting human rights abuses, advocating for legal reforms, and protecting citizens from unlawful practices has positioned it as a significant player in Tanzania's legal landscape.
TLS quickly pointed to several instances where its interventions have been critical in addressing issues of public concern.
A notable example highlighted by the society was its public statement condemning the forced displacement of residents in Ngorongoro, which the society deemed unlawful.
TLS argued that the displacement violated both national and international legal standards, and its stance brought attention to the plight of rural Tanzanians who faced significant hardships as a result.
“The statement we issued regarding the forced eviction of people from Ngorongoro was not a rash action. It was a necessary intervention to protect the rights of citizens. Our statement provided support to those affected and brought much-needed attention to the situation, even prompting security forces to issue public clarifications due to the growing public concern,” Mwabukusi explained.
The TLS president’s statement highlights the importance of the society’s role in safeguarding the rights of the public, particularly when faced with government actions that may be seen as overreach.
Society’s advocacy of human rights and the rule of law has often been a counterbalance to government policies that, according to TLS, sometimes overlook legal procedures and fundamental rights.
The implications of Dr. Ndumbaro’s comments extend beyond the immediate tensions between TLS and the government. If government officials continue to view TLS’s public statements as an infringement on its authority, it could signal a broader effort to restrict legal professionals from freely expressing concerns about government actions.
This shift could have significant consequences for Tanzania’s legal system, potentially stifling the kind of independent, professional oversight that is essential to a functioning democracy has also been clear in addressing concerns about its neutrality and its responsibility as a legal body.
While the society recognizes that its leadership is made up of individuals with diverse political views and backgrounds, its collective commitment to upholding the law remains unwavering.
TLS Vice President Ms. Letitia Ntagazwa responded to Minister Ndumbaro’s remarks, stating that the society’s statements are not motivated by ill intent but by a desire to ensure that the government’s actions align with legal and constitutional standards.
“In our leadership, we have both activists and non-activists. It’s important to understand that sometimes emotions run high, but those emotions do not detract from the responsibility of the Tanganyika Law Society to serve the public. We do not issue statements out of malice. We aim to remind the government of its duty to ensure the well-being of the people of Tanzania,” Ms. Ntagazwa explained.
At the same time, the TLS recognizes that its role is not to act as an adversary to the government but to work collaboratively to improve the legal landscape in Tanzania. The society remains open to constructive dialogue with government representatives to resolve differences in a way that benefits the public interest.
In response to concerns about its operations, TLS also addressed the issue of the new vehicle that was donated to the society by the Ministry of Constitutional and Legal Affairs. The vehicle, a Toyota Land Cruiser Prado, was intended to support TLS’s work in providing legal aid to Tanzanians.
TLS clarified that the vehicle was part of the Legal Sector Reform Project (LSRP) and was registered in the name of the Ministry to help the society fulfill its mandate.
“The vehicle was given as part of a government initiative to support our community work, especially in providing legal assistance. It’s registered in the name of the Ministry, but its purpose is to help TLS serve the public,” Mwabukusi stated.
As tensions between the government and TLS unfold, it remains to be seen how this relationship will evolve. With both sides advocating for the rule of law and citizen rights, there is hope that constructive dialogue can bridge the gap and foster a partnership that ensures transparency, accountability, and justice for all Tanzanians.