Professional Documents
Culture Documents
AT DAR ES SALAAM
RULING
Date o f last order: 2&h June 2020
Date o f the ruling: 2 J dSeptember 2020
In 2018, Mr. Ado Shaibu filed a petition vide Misc. Civil Cause No. 29 of
2018 against the Honourable John Pombe Joseph Magufuli (The President of the
United Republic of Tanzania), Adelardus Lubango Kilangi and the Hon. Attorney
General. The petition was filed before the High Court of United Republic of
Tanzania at Dar es salaam (Main Registry) under the Basic Rights and Duties
Enforcement Act, Cap. 3 RE 2002 and Articles 26(2) and 30(3) of the
order of the Court to declare that His Excellency, the President of the United
challenging the same. The petitioner, Mr. Ado Shaibu, was represented by the
learned advocate, Ms. Fatma Amani Karume who is the respondent in this
application. In the petition, the Court ordered the points of preliminary objection
the learned advocate, Ms. Fatma Amani Karume wrote, inter alia, the following
statements:
This Attorney General is far too junior to garner that kind o f respect from
the B a r . 'Given his lack o f experience and junior position, Ade/ardus KHangi has
been a woefully disappointing as legal advisor to the Government\ at a cost to
our constitutional o r d e r . 'In this Adeiardus KHangi has failed. A matter that is
not surprising given his experience.'... 'So mark my words, in the event this case
fails on a Prelim inary Point\ it is not over. I f the President's unconstitutional
conduct is protected by the Court on the ground that he is the President, we
shall test it again once he leaves office, be it in 2020 or 2025 and in the latter
case, the bench w ill also be a different one. That is the beauty o f tim e.'
See, Annexture ALK-F3.
complained that the learned advocate Ms. Fatma Amani Karume acted
etiquette. The presiding judge, the Hon. Principal Judge, regarded the above
Hon. Principal Judge acted under section 22(2)(b) of the Advocates Act and
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suspended the. learned advocate, Ms. Fatma Amani Karume from practice
application before this Committee against the learned advocate, Ms. Fatma
affidavit resisting the application and raised three points of preliminary objection.
The committee determined and finally overruled the objection allowing the
The application was finally fixed for hearing; the applicant appeared in
person while enjoying the legal services of the learned State Attorneys namely,
Dr. Clement Mashamba (Solicitor General), Mr. Gabriel Malata (Deputy Solicitor
General), Mr. George Mandepo (Principal State Attorney), and Mr. Erigh Rumisha
(State Attorney). On the other hand, the respondent appeared in person under
the legal representation of the learned advocate, Mr. Peter Kibatala. In proving
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the allegations against the respondent, the applicant summoned four witnesses
whereas the respondent willfully declined to defend her innocence and did not
Laws at the University of Dar es salaam and graduated in 2000. He thereafter did
2003. He did a PhD in law at the University of Dar es salaam and graduated in
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appointed the President of the Union. In 2013-2018, he became the Senior
Mineral Law Advisor of the United Nations Economic Commission for Africa. In
Tanzania. He was finally appointed the Attorney General on 1st February 2018.
He averred that, the respondent's claim against his appointment as the Attorney
General were maliciously motivated and intended to mislead the public on his
requisite qualifications.
He further testified that, as the Attorney General, his duties are stated
under sections 10, 11 and 13 of the Advocates Act, the Attorney General has
several responsibilities which include taking the leading precedence in the Roll of
Advocates and also ensuring that advocates conduct themselves according to the
law and regulations. Therefore, the respondent, being a registered advocate and
her name being in the Roll of Advocates, is bound to comply with the Advocates
Act and the Advocates (Professional Conduct and Etiquette) Regulations of 2018.
represented Ado Shaibu before the High Court. The Court ordered the matter to
advocates' ethics. Such words intended to ridicule him (the applicant) something
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which is contrary to the law and professional ethics. The presiding judge, the
Hon. Principal Judge, noted such unprofessional words and suspended the
respondent from practice. The judge further instructed the Registrar of the High
PW1 further testified that, after the suspension, the respondent, Ms.
remarks against the applicant, the Hon. Chief Justice, the Hon. Principal Judge,
other members of the Bench, Public Officers and the judiciary. To fortify his
testimony, he cited few messages from the respondent's twitter account posted
1When you have the "power" to tell the DPP who he SHOULD prosecute
then you sure as hell have the 'power' to tell him with whom he should
enter a plea bargain and when you expect the plea bargains to be
concluded.'
1Waiimpiga risasi Tundu Hi TZ nzima ikose BRAIN kama TL. Can you
imagine? (Posted on 20th September 2019).
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K IS H E R IA . NON BAILABLE OFFENCES NI KATAZO ZA KISHERIA kupata
Bail. Sio TARATIBU (procedures). Mnanihuzunisha sana.' (Posted on 17th
September 2019).
8
an a w e za k u m p a tia m w a n a fu n zi D IS T IN C T IO N / (Posted on 12th
September 2019).
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!J a ji M a tu p a a n a k a ta a k u to a IN JU N C T IO N k u sto p th e ille g a lly
a p p o in te d M P k u a p ish w a h a la fu an asem a h a w e zi ku m ten d ea h a k i
L is s u k w a sa b a b u k u n a M bu n ge S in g id a M a sh a rik i. A n g e b a k i
IK U L U TU a lip o k u w a m aana h a e le w i p o in t ya in ju n c tio n .' (Posted
on 10th September 2019).
'Oh by the way: Sasa itakuwa business yangu kutizama kiia siku n i
matangazo mangapi Serikaii ya Magufuii inaweka kwenye Magazeti
UCHWARA ya Musiba. Hi niweke record ya heia anazopewa za waiipa kodi.
M n a jifa n y a w a ja n ja ku m be y o u a re S T U P ID A S H E L L !'
PW1 further insisted that the disparaging remarks by the respondent were
given through the respondents7 twitter account and published in other media
After a ii in Africa no court has ever brought change. It is politics that has
brought change.'
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mislead the community/public about the applicant's appointment as the Attorney
General. The respondent's remarks intended to make people believe that the
The second witness (PW2) was Aziz Makaburi, an ICT officer from the
documents in connection with the tweets from the respondent's twitter account.
He printed the messages from the respondent's twitter account in October 2019.
He made printouts of the said messages from the office of the Solicitor General.
handing them over to the Solicitor General. He retrieved the messages from the
used to print the messages was Laser- Jet Enterprise M605. He finally prayed for
an exhibit(s).
The counsel for the respondent objected the admission of the print out of
the messages because they were filed at different times from the certificate of
authenticity. The Committee overruled the objection on the reason that such
printouts were adopted and formed part of PWl's evidence and it was irrelevant
to reject them at that stage. During his testimony, PW2 admitted that there was
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an error on the respondent's twitter account. The respondent's twitter account
The third witness (PW3) was Assistant Inspector of Police, Mr. Innocent
Ndowo who tendered a witness statement before oral testimony. Before cross
investigate criminal allegation involving the use of social media by Ms. Fatma
about the ownership of the account. He stated further that according to twitter
platform, to open an account, the user must have an account name, email
address, mobile phone number and a password. The email address and phone
number are used to verify in case the user forgets the password. A tool called
password reset is used to allow access back and use the account.
Using the password reset tool, PW3 was able to confirm the existence of
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with a link http://www.immma.co.tz/people/karume/index.php which has nexus
to the said twitter account. On the website link, he found details concerning the
+255784783300. The same details are found at the above website link. He was
testified that the resume of advocate Ms. Fatma A Karume was also found at the
well. He told the Committee that the twitter account of '@fatma_karume' was
registered by twitter in January 2018. He insisted that the twitter account was
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associated with email address karume(g)immma.co.tz which is owned by
twitter platform works and whether the alleged messages were printed from the
was satisfied that the alleged messages were posted through twitter account
'@fatma_karume.'
The fourth witness (PW4) was Assistant Inspector of Police, Mr. Aristides
statement, affidavit, CV, the report on the videos from Youtube and the flash
disc to be received and be adopted to form part of his testimony. In his witness
General concerning the Youtube videos and audio alleged to contain particulars
and statement of the learned advocate Ms. Fatma Karume. The details of his
analysis are contained in the report FK-1 and Youtube videos/audio recordings
accompanied the witness statement, he listed all the online links from where he
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The Committee ordered the witness to display the videos contained in the
flash. The Committee viewed all the videos in the presence of the counsels for
the applicant and respondent except the applicant and respondent who were
absent. The counsels for the applicant finally prayed to close the case after the
evidence of PW4.
Thereafter, the respondent was invited for the defence; Mr. Kibatala
believed that she was condemned before determination of the application. The
respondent advanced three reasons for declining from defending the application.
First, the composition of the Committee, especially the presence of the DPP did
not give her sense in law and logic. In her view, the office of the DPP is closely
linked to the office of the Attorney General and that of the Solicitor General.
Second, the tweet messages submitted in Court also points towards the DPP.
the respondent was suspended without being given the right to be heard and the
Committee failed to dismiss the suspension order before hearing the instant
application. Based on the above reasons, the respondent believed that her
defence could not change the decision of the Committee hence she declined to
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The Committee was of the view that the reasons for declining to make her
defence were addressed and decided in the ruling when the respondent raised
allow him to file final submission concerning the application. The prayer was
granted; therefore both the counsels for the applicant and respondent filed final
submissions.
Although the respondent willfully declined to appear for the defence, the
statements used in the reply written submission in Misc. Civil Cause No. 29 of
2018. For instance, on the third paragraph of the counter affidavit, the
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In addition, when replying to the tenth paragraph of the application, the
'It is true that Mr. Adelardus Lubango KHangi is a Junior Member o f the
Bar, his Roii Number is 2022, while Mine is 848. Mr. Adelardus Lubango
KHangi has many Advocates ahead o f him, some admitted as recently as
2010. I have personally spoken to many Advocates who have told me that
Mr. Adelardus Lubango KHangi, unlike a ll previous Holders o f the Office,
has miserably failed in advising the Government in many pertinent issues.'
However, she denied owning the twitter account that possessed the
prove the same. In her submission, she alleged that the twitter account
'@fatma_karume' is unverified.
Now, having considered the evidence from the applicant and counter
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In this application, and also according to the evidence adduced by the
applicant, there are four sets of information which were given or adduced by the
respondent against the applicant, public officers, the Bench and the judiciary.
The first set of information comprises the statements which were adduced by the
respondent in the petitioner's reply written submission in the Misc. Civil Cause
No. 29 of 2018.
respondent and filed before the High Court of Tanzania. Though the respondent
did not defend the application, she filed the counter affidavit in which she did not
deny the said reply written submission. In response to the application, the
misconduct when she personally attacked the Attorney General and the judiciary.
Generally, the respondent did not object the fact that the information contained
respondent.
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the respondent through twitter platform on divers dates especially after the
statements ridiculed the applicant, the Hon. Principal Judge, the Bench, the
judiciary and other public officers. On the other hand, the respondent, through
her counter affidavit, alleged that such statements were retrieved from an
unverified twitter account because there are other twitter accounts with user
name 'Fatma Karume aka Shangazi'. She generally denied owning the messages
ownership of the said twitter account. He informed the Committee that it is easy
to use somebody's name such as 'Fatma Karume aka Shangazi'. That is the
reason why there may be other similar names on twitter. But, it is impossible to
have two accounts with the same name. PW3 demonstrated clearly that there is
only one twitter account that reads '@fatma_karume.' During his investigation,
http://www.immma.co.tz/people/karume/index.php.
During the demonstration before the Committee, the Committee was able
to see some of the posts through the same twitter account which the applicant
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complained about. PW3 specifically indicated that the user name alleged to post
the above messages was 'fatma karume aka Shangazi' and the twitter account to
that user name was '@fatma_karume.' He insisted that it may be easy to fake
the user name but not the account name. The attachment to the PW3's witness
statement clearly demonstrated how he was able to verify that the twitter
the Committee was convinced beyond reasonable doubt that the twitter account
contained messages, that attacked the Hon. Chief Justice, Hon. Principal Judge,
the Bench, the judiciary, the applicant and other public officers, belonged to the
respondent.
professional conduct was posted on YouTube on divers dates. During the hearing
videos from different Youtube web links. He further displayed the videos before
the Committee. During the hearing, most of the alleged videos were still on
Youtube and could easily be viewed and downloaded. The Committee had no
reason to doubt whether the same videos were edited to contain contents not
given by the respondent. The video clips show the respondent speaking; her
identity and voice was visible and audible. We do not doubt whether the
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that the video clips were of the respondent. Despite the fact that PW4 provided
links where the videos were available, he also tendered a flash disk containing
both the audio and video recordings of the respondent. The flash disk is among
respondent which unprofessionally attacked the applicant, the Bench and the
2019. After the suspension of the respondent from practice, she was interviewed
by the News Paper reporter and was recorded to have uttered statements that
conduct to issue such statements, the respondent, on the 16th paragraph of the
counter affidavit, stated that, being the advocate of the High Court of Tanzania,
she was constitutionally entitled to her personal views in her personal life and to
express them freely. She generally never denied adducing the statement.
Therefore, it was evident and without any doubt that the statements, reported in
the Citizen New Paper published on 22nd September 2019, were issued by the
respondent.
Based on the analysis above, we are confident that the four sets of
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issued, on divers dates, by the respondent. The first issue in this application is
See, http://www.leqalservicesindia.com/article/1665/Professional-misconduct-of-
lawyers-in-
india.html#:~:text=Professional%20misconduct%20is%20the%20behaviour.con
duct%20not%20befittinq%20an%20advocat last accessed on 22 September
2020 .
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We also subscribe to the case of State of Punjab v. Ram Singh AIR
L992 SC 2188 which was supplied by the counsel for the applicant which
that under section 66 of the Advocates Act, Cap. 341 RE 2019, every registered
advocate is an officer of the High Court and he/she is subject to its jurisdiction.
Being the officer of the Court, an advocate must be a person of high integrity.
provides that:
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Regulation 5(l)(a)(b)(c)(d)(e) of the Advocates (Professional Conduct and
!s o u n d n e ss o f m o ra l p rin c ip le , th e ch a ra c te r o f u n co rru p te d
v irtu e , especially is relation to truth and fair dealing , uprightness,
honesty, sincerity, and trustworthiness and also extends to the
preservation o f confidences, the display o f impartiality, the taking o f full
responsibility and the advocate's competence (emphasis added).'
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(n) a n y co n d u ct in an advocate's private life w h ich b rin g s th e
a d v o ca te 's in te g rity in to q u e stio n a n d th e re b y b rin g in g
d isre p u te upon th e p ro fe ssio n ;
(o) knowingly, or with reckless disregard for the truth, m akes a n y
fa ls e o r d isp a ra g in g o r m isle a d in g sta te m e n t a g a in s t a n y
ju d ic ia l o ffic e r • fe llo w ad vo cates, p u b lic le a d e rs or a n y o th e r
m em b er o f th e p u b lic .'
courtesy; it is against the Advocate's Code of Conduct for any advocate to make
disparaging remarks to any other advocate be him/her junior or senior in the Roll
officer of the court and he/she is therefore obliged to treat the court with
candour, respect, courtesy and with good faith. See, Regulation 92 of the
He/she is bound to respect and zealously guard and promote respected values,
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principles, modes of conduct and behavior according to the profession's code of
appearance or make statement to the public must comply with the advocate's
ethical behavior and professional conduct. He/she must behave in the same way
offending the duty he/she owes to the client, profession, the court and the
which are bona fide, true, honesty and not misleading the public or damaging
the profession. The advocate's statement should not contain any element of
is finally determined and the same is a matter of public consumption and his/her
comments shall not malign the court or any officer of the court. See, Regulation
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In addition, the law requires an advocate to treat other advocates and the
court with respect and courtesy while upholding and encouraging public respect
for the law and administration of justice. See, Regulation 132 (2) (b) (c) of the
time when an advocate is not bound to professional conduct and ethics. His/her
strive to inspire the confidence of the clients and the public at large. See,
Regulations of 2018.
Regulation, we wish to revisit again the messages adduced and posted by the
the respondent submitted that the Attorney General was 'too junior to garner the
respect of being the Attorney General'. The respondent insisted that the
applicant was not qualified to be the Attorney General of Tanzania. She believed
However, we are a bit hesitant to address this point because, in one way
or the other, may interfere with the respondent's appeal, concerning the said
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addressing this issue, at least briefly, we wish to consider Article 59(2) of the
The above Article does not need too many words for interpretation. First,
any public officer who is qualified to perform the functions of an advocate may
does not even require a person to be registered as an advocate for him to hold
the office of the Attorney General. However, he/she should continually hold such
stated under section 8(1) (a) of the Advocates Act, Cap. 341 RE 2002 thus:
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D a r e s sa la a m by such other university or other institution as may
be recognized by the council for the purposes o f this section;
(ii) if he is a legal practitioner (by whatever name called) and
thereby has a right o f audience before any court having unlimited
jurisdiction in civil and crim inal matters in any Commonwealth
country or in any other country designated by the Minister for the
purposes o f this section;
(iii) if he is a Solicitor o f the Supreme Court in England, Northern
Ireland or the Republic o f Ireland, a Writer to the Signet■ a Solicitor
in the Supreme Court o f Scotland, or a person admitted or deemed
to have been admitted as a solicitor under the Solicitors (Scotland)
Act, 1933, o f the United Kingdom, or if he is the holder o f any
sim ilar qualification which is accepted by the Council as a
professional qualification for the purposes o f this paragraph; and
(b) subject to the provisions o f subsection (2), if either:-
(i) he has complied with such requirements (whether relating to
instruction or examination or otherwise) as to the acquisition o f
professional experience as may be specified in regulations made
hereunder by the Council; or
(ii) he has been in continuous practice as an advocate in Kenya,
Uganda or Zanzibar during the five years immediately preceding his
application.
Based on the above provisions of the law and the evidence at hand, the
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understand that in the petition, the respondent was defending her client.
registered advocate, was not justified to raise such false allegations. Even if the
misconduct.
Council of Maharashtra 1984 SCR (1) 414, where it was stated that:
respondent was admitted first before the applicant. In our view, the statement
failed to uphold her integrity and professionalism. The respondent used words
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which were disrespectful and unprofessional something which is contrary to the
unprofessionally attacked the Hon. Chief Justice, Hon. Principal Judge, members
of the Bench, the judiciary and other public officers. The Committee was
respondent used words which could not be expected to come from a member of
the legal profession. As if that is not enough, she used such words towards the
Hon. Chief Justice, the Hon. Principal Judge, Members of the Bench, Public
Officers and the judiciary. For instance, she posted the following statements:
This Attorney General is far too junior to garner that kind o f respect from
the Bar'
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Furthermore, the respondent used inappropriate and unprofessional words
such as 'stupid', 'they are stupid as hell' and 'ivan a m idom o m ire fu kam a
and Security Service officers are 'hijackers and murderers' ( TISS n i watekaji,
watesaji na wauaji). She alleged that Hon. Matupa J. was taken from the State
House and 'made a judge7 and unprofessionally alleged that 'the same judge
does not know the point of injunction'. She further alleged that Hon. Matupa J.
haki kwa sababu kuna Mbunge Singida Mashariki. Angebaki IKULU TU alipokuwa
F e le sh i). She referred to the Hon. Principal Judge in the disrespectful and
judges 'lack conceptual thinking!7 ( WaTZ wengi sana inciuding Majaji find
the legal profession, as senior advocate as the respondent. Her statements were
mislead the public, malign the judiciary, members of the Bench and other public
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officers contrary to the advocates professional conduct and etiquette. The
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Not only that but also, this Committee, in Application No. 10 of 2014
In Valerian's case (supra) this Committee cited also a decision of the South
34
...that an advocate, whose calling is one which is praiseworthy and
necessary to human life', should 'always ding to the famous
principle that the true ju rist is an honest man. These qualities o f
honesty and integrity must continue to be displayed throughout a
legal practitioner's career...'
Mohamed Yusuf and another, AIR 1993 1535, 1993 SCR (2) 1006 which
Apart from the above misconduct, we also wish to point out the
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commencement of hearing of this application (on 22nd June 2020), the applicant,
respondent and their counsels were present The Committee warned the parties
that the proceedings are held in Camera and it was therefore forbidden for the
parties to discuss any matter concerning the proceedings out of the Committee
by the respondent during the hearing of the application. For instance, when she
entered into the room, she was invited by the Secretary who called her Fatma7,
she harshly responded 'don't call me Fatma, call me 'Fatma Karume/ When the
her counsel and the Committee and even boldly threatened to fire her counsel
who was trying to calm her. Finally, she disorderly and disrespectfully left the
room and banged the door. All these disrespectful behavior were committed in
Few minutes after she left the room, the following messages were posted
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At 2:22pm on 22nd June 2020 another message was posted:
The committee was informed by the counsel for the applicant about the
tweets and discussions on twitter. We took note of the messages and proceeded
for the hearing. In our view, this was another proof of the respondent's gross
professionals.
insist that the applicant proved without a shred of doubt that the respondent
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the members of the Bench, the Judiciary and public officers contrary to the
respondent's name from the Roll of Advocates, such an order has a life time
following facts: first, the respondent breached professional code of conduct and
was suspended from practice. Second, after the suspension, she continued to
respondent grossly misbehaved before this Committee during the hearing of the
application. Based on the gravity of the misconduct, we are of the view that the
professional ethics and etiquette must be observed to build trust and respect
from the public otherwise the profession is being put into great disrepute. We
are worried, if stern measures are not taken, advocates of this caliber may taint
Finally, being aware that, this Committee has been created to ensure that
the reputation of this honourable profession is upheld by all its members so that
all members of the public may continue to have every confidence and trust in the
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profession as a whole, finds that the respondent, Ms. Fatma Amani Karume,
accordingly. Having considered the gravity of the matter and the impact of such
misconduct and breach of the Advocates Professional Conduct and Etiquette, the
Committee orders that the Respondent, one Ms. Fatma Amani Karume,
Advocate with Roll No. 848, be permanently removed from the Roll of
It is so ordered.
Biswalo E.K.Mganga
Director of Public Prosecutions
(Member)
23rd September 2020
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COMMITTEE: The ruling is delivered today on 23rd September 2020 in the
presence of the counsel for the applicant and respondent, and in absence
Ntemi N. KileWamaj&
Judge
(Chairperson)
23rd September 2020
Genoveva Kato
Advocate
(Member)
23rd September 2020
ADVOCATES
C0%7Za^
S e c r e la ^ t S ^ S 'S - - - -
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