Africa-Press – Tanzania. THE Attorney General and the Advocates Committee have lodged a notice of appeal to oppose the decision of the High Court, Main Registry, to restore the name of Fatma Karume in the role of advocates of the Tanganyika Law Society (TLS).
In the notice filed before the Court of Appeal, the two appellants seek to challenge the judgment delivered by a panel comprising of Judges Issa Maige, Deo Nangela and Edwin Kakolaki on June 21, 2021 when determining an appeal lodged by Ms Karume against the decision of the Advocates Committee.
“Take note that the appellants, being dissatisfied with the decision of (the panel) intends to appeal to the Court of Appeal of Tanzania against the whole of the said decision,” reads part of the notice dated June 22, 2021.
In the judgment sought to be challenged, the panel ruled in favour of the seasoned lawyer after sustaining one ground of appeal, ruling that the application on professional misconduct against Ms Karume, which was filed before the Committee was incompetent and ought to have been struck out.
“The appeals, thus, succeed to the extent of the second ground of appeal. As a result, the decision of the (Advocates Committee) is hereby set aside and the proceedings thereof quashed,” the judges declared. In the ground of appeal sustained by the Court, Ms Karume, through her Advocate Peter Kibatala, had contended that the Committee acted without judicial authority and propriety to entertain the matter when it was made cognizant of the subsisting order of the superior body.
The body, according to Advocate Kibatala, is the High Court, which had ordered the Registrar to transmit the alleged professional misconduct of the appellant to the Committee for proper hearing. Records show that the complaint in question was submitted by the Attorney General against the order.
In their judgment, therefore, the judges ordered the Registrar of the High Court to transmit the complaint on professional misconduct of Ms Karume to the Advocates Committee in the manner directed in the Court’s order which was issued by Principal Judge, Dr Eliezer Feleshi.
Following the panel’s decision, Advocate Fatma Karume remained suspended as per the orders of the Principal Judge pending determination of the matter by the Committee, upon receiving fresh complaint.
After delivery of the Court’s judgment, Ms Karume wrote to the Registrar of the High Court, Ms Sharmilah Sarwatt, to have her practicing certificate restored on grounds that the order by Dr Feleshi has expired so that she may continue to practice.
However, in her reply letter, the Registrar advised the lawyer to present her application by adhering with the requirements of sections 26 and 36 (1) © of the Advocates Act.
She was also informed of the decision by the appellants to lodge the notice of appeal against the court’s judgment. Section 26 of the Act reads, “Where under any provision of this Act the name of an advocate has been removed from the Roll or an advocate has been suspended from practice, his practicing certificate shall be deemed to have been cancelled, or, in the case of suspension for a period less than the unexpired period to which his practicing certificate relates to have been suspended for such lesser period.”
