Lawyers isolate Lissu over IMMMA ‘bomb’

SEVERAL lawyers in Tanzania are opposed to a recent call by the Tanganyika Law Society governing council to boycott court sessions for two consecutive days starting today to protest the ‘bombing’ of IMMMA Advocates Offices in Dar es Salaam.

The call was relayed to TLS members by its president, Tundu Lissu, just moments after an emergency meeting convened by the council specifically to chart its next course of action following the alleged bombing of the law firm’s offices at Upanga area in Kinondoni District on the night of August 25, 2017.

Most of advocates interviewed by the Daily News yesterday pointed out those calls were unprofessional, unnecessary and unreasonable, arguing that such action would have negative impacts or consequences to their clients, who have fully instructed them to provide legal services.

“I was very much saddened to hear such calls … we need to think twice as professionals,” Advocate Alphonse Katemi remarked, adding that, “the Governing Council has hurriedly come up with this position which, in my opinion, is not proper.”

The advocate gave six reasons to support his dissenting views against the proposed strike, saying the TLS wasn’t a ‘trade union’ and that, as officers in the legal profession, they do not have any dispute with either the government or judiciary.

“The consequences that will result after the strike will be personal. We go to court not as tourists … we’ve been fully paid by our clients and we have full instructions to represent them in court. Who do you think would suffer at the end of the day? What are we intending to achieve, he queried?”

Mr Katemi further argued that the council had no mandate or jurisdiction to give such a position and that only the TLS general assembly - upon consultation of all members from different parts across the country - had the mandate to give such a position.

Seasoned advocate Majura Magafu also pointed out that what has been decided by the TLS Council was not proper and unacceptable, arguing that there was ‘no evidence whatsoever’ linking the alleged bombing with state agencies or any other people with government connection.

“Investigations into this matter are still going on and no any report has so far been given. It is not proper at the moment to connect the incidence with the government.

I think we need to give the police time to investigate on the matter rather than jumping into conclusion,” he said. Mr Magafu further argued that the attack was like any other incidence that could happen to anybody or office and nobody knows what really happened.

“It could be a personal disagreement between officers of the law firm and some people or some thugs wanted to steal or anything,” he said. Another advocate Oscar Msechu gave similar sentiments, but was quick to point out that much as they condemn the attack, law professionals must act reasonably and carefully to deal with the matter, rather than directly throwing blames to the government.

“This issue is very tricky. We should be minded that we have fiduciary relationship with our clients who have fully instructed us to represent them. What will happen if a case is dismissed for non-appearance of an advocate who is fully paid? I think our clients stand to suffer more,” he said.

Advocate Hassan Kiangiso also opposed the move by the TLS Council, saying he would attend his client well because any default that may cause dismissal of the case amount to professional negligence.

He insisted that provision of legal services to clients was of paramount importance.