THE MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS

THE LAW SCHOOL OF TANZANIA

PRACTICAL LEGAL TRAINING FIELD REPORT

SUBMITTED BY

MWASAKYENI HANS,

REG NO LST/2015/19/114

19TH COHORT

JANUARY-APRIL 2016

1ST ROTATION RESIDENT MAGISTRATE COURT

2ND ROTATION MPOKI AND ASSOCIATES, ADVOCATE

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 CERTIFICATION

The undersigned certify that he has read and hereby recommends for acceptance by the Law
school of Tanzania in fulfillment of the requirements for the award of Postgraduate Diploma in
Legal Practice.

…………………………………………..

Belinda Mollel

(Supervisor)

Dated this…………………..day of ………………….2016.

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 DECLARATION

I, MWASAKYENI HANS, do hereby declare that this paper is my own original work and it has

not been submitted at any other institution, University, or institution of higher learning for the

same need.

Student’s signature ……………………………

MWASAKYENI HANS

Date: Submitted this…………………day of ………………, 2015

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 COPYRIGHT.

This work is a copyright protected under the Copyrights and Neighbouring Rights Act No 7 of

1999, Laws of Tanzania and International instruments for the protection of intellectual property

rights.

It may not be produced by any means without written permission of the Law School of Tanzania

(LST) or the author, except for short extract in fair dealing; for research or private study, critical

scholarly review or discourse with acknowledgement.

Mwasakyeni Hans

Law School of Tanzania.

2015

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 DEDICATION

This work is hereby dedicated to my beloved family, my parents Juma Mwasakyeni, Margareth

Mwasakyeni and my brothers and sisters.

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 ACKNOWLEDGEMENT

I kindly express my gratitude to those who in one way or another have devoted their time

in helping me during my studies at the Law School, field time, towards the accomplishment of

this report.

I will not be grateful not to thank Belinda Mollel my internal supervisor,I also express my

heartfelt thanks to Honorable Senior Resident Magistrate Rashidi Chaungu of Resident

Magistrate Court at Mbeya. Advocate Mpale Mpoki, Advocate Halfani Daimu at MPOKI AND

ASSOCIATES, ADVOCATES my external supervisors, Mr. Johachim Choki, Miss Prisca

Chogone and Gladness Rema who are the associates, at Mpoki and Associates Advocates. The

Senior Resident Magistrate of Mbeya Court for unrated contribution and close supervision and

dedication of their time to expand my knowledge and understanding and handling of various

legal issues as well as imparting important theories, beliefs and characters necessary for justice

adjudicator also for their attention, time and support towards imparting requisite legal expertise

and necessary advocacy skills to me.

Lastly but not least I would like to thank my family for their material and moral support.

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 ABSTRACT

This report is the result of the undertaken practices during the field attachment that has

been undertaken for fourteen total weeks divided into two periods, the first rotation had started

from 4th January to 11th February 2016 at Resident Magistrate Court of Mbeya located at Block T

Kabwe road.

The second rotation was conducted at Mpoki and Associates, Advocates Head Office

located at Dar es Salaam Cathedral Building, 1st Floor Azania Front Compound, AzikiweStreet /

Sokoine from7thMarch 2016 to 15th April 2016.

During the placement at the Resident Magistrate Court, I have learned various procedures

concerning the criminal and civil procedures and among the things is the tendering of evidence

before the court of law, the way the attendants of the court starting from the accused persons to

the advocates, that everyone should behave and address the court with due respect, procedure of

opening a case to a closing of a case.

The field placement has given me the opportunity of practicing and observing very

complex and confidential processes and procedures of both the Law Firm and the court that are

only.

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ABBREVIATION

App Application

HC High Court

Hg Hearing

LST Law School of Tanzania

MISC Miscellaneous

PTC Pre Trial Conference

REV Revision

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Contents
DECLARATION.............................................................................................................................................iii
COPYRIGHT.................................................................................................................................................iv
DEDICATION.................................................................................................................................................v
CHAPTER ONE..............................................................................................................................................1
1.0 INTRODUCTION.............................................................................................................................2
1.1 OBJECTIVE OF FIELD REPLACEMENT......................................................................................2
1.2 AREA OF FIELD REPLACEMENT................................................................................................3
1.2.1 BACKGROUND OF THE RESIDENT MAGISTRATE COURT OF MBEYA........................3
1.2.2 BACKGROUND OF MPOKI AND ASSOCIATES ADVOCATES.........................................4
1.3 STRUCTURE AND ORGANIZATION OF THE PLACEMENT OFFICE......................................4
1.4 MAJOR ACTIVITIES AND FOCUS OF DEPARTMENT..............................................................5
CHAPTER TWO.............................................................................................................................................5
2.0 DUTIES AND RESPONSIBILITIES................................................................................................6
2.1 KNOWLEDGE AND SKILLS GAINED..........................................................................................7
2.2 LEVEL OF ACCOMPLISHMENT OF THE DUTIES ASSIGNED.................................................8
2.3 RELATIONSHIP WITH OTHER STAFF........................................................................................8
2.4 THINGS ENJOYED MOST AND WHY..........................................................................................9
2.5 THINGS ENJOYED LEAST AND WHY.........................................................................................9
2.6 PROBLEM EXPERIENCED AND HOW HANDLED..................................................................10
2.7 MAJOR BENEFITS DERIVED FROM FIELD ATTACHMENT PROGRAM.............................10
CHAPTER THREE........................................................................................................................................11
3.0 CONCLUSION...............................................................................................................................11
3.1 RECOMMENDATION...................................................................................................................11

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 CHAPTER ONE

1.0 INTRODUCTION
The Law School of Tanzania is a public legal training institution which was established

under the Law School of Tanzania Act No.5 of 2007. Under the said Act, the Law School of

Tanzania is mandated to offer practical legal training for law graduates equipping them to

become competent legal practitioners in private practice or public service. The training

programme is scheduled to run for one academic year which is comprised of two semesters,

practical training weeks for a total of thirty weeks. The method of programme delivery is through

interactive lectures, seminars, tutorials, coursework, simulations, coaching, role plays, visits,

audio visuals, guest speakers, field practical training and examinations. The essence of

subjecting law graduates to this practical legal training is dogmatized from the social-economic

reality that various activities performed by legal practitioners are too diverse and complex to

perform without receiving the necessary knowledge, abilities and skills. There are numerous

institutional and social roles that raise legal liability, credibility and professional issues that

necessitate practical training prior to assuming the duties of the office and the whole task of

administering justice in the country.

1.1 OBJECTIVE OF FIELD REPLACEMENT

According to LST By-Laws 2011, each student is required to undergo practical training in

form of placement conducted under the control of the Clinical Law Committee. Therefore this

report aim at providing feedback to the Clinical Law Committee on what I have learnt and

observed during my field placement.

Also it aims at ensuring we students acquire appropriate professional experience, knowledge

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and skills, establish and maintain contact between prospective employers and the Law School of

Tanzania. Also to learn about procedures, functions and processes of specific legal, institutional

and departments.

To establish and maintain contact between prospective employers and the school in order to

ensure that students are given the appropriate skills and knowledge for the jobs they are likely to

be called upon to perform after finishing our studies.

1.2 AREA OF FIELD REPLACEMENT

This field report is an outcome of sixteen (12) consecutive weeks divided into two. The first

placement was at the Resident Magistrate Court of Mbeya under the supervision of Honourable

Senior Resident Magistrate Rashidi Chaungu and second placement was at Mpoki and

Associates Advocates under supervision of Senior Advocate Mpale Mpoki.

1.2.1 BACKGROUND OF THE RESIDENT MAGISTRATE COURT OF MBEYA

Apart from the tentative lectures that Law School students are required to attend, they are

also required to do Clinical Law by way of attachment to a law firm or law office or legal

services department for twelve to eighteen weeks as part of the School’s programme. The

attachment is a compulsory component of the School’s Curriculum which is intended to ensure

that each student observe and immerse themselves in the day-to-day workings of legal

practitioners

Court of resident Magistrate Court was established under section 5 of the Magistrate Court

Act [CAP 11 R.E 2002] which provides that the Chief Justice in the order published in the

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Gazette, established courts of resident magistrate which shall subject to the provisions of any law

for the time being in force, exercise jurisdiction in such areas as may be specified in the order.

My rotation at Resident Magistrate Court of Mbeya was for six weeks starting from the

4thday of January 2016 to the 11thday of February 2016. I was assigned to my supervisor

Honourable Senior Resident Magistrate Rashidi Chaungu.Who actually trained me different

skills in law. He exposes different tactics in settling different legal matters for the time of the

placement.

1.2.2 BACKGROUND OF MPOKI AND ASSOCIATES ADVOCATES

The firm of Mpoki and Associates Advocates traces its roots as far back as 6 th January

1991 when a firm in the name and style of Mpoki Advocates was established. The firm was solo

business having its business in Dodoma Tanzania. In 1998 the fir expanded and opted to open a

branch in Dar es Salaam a thing which necessitated the formation of partnership known as

Mpoki, Ntonge and Mary Advocates in January 1998.

The partnership carried on business till the 2 nd January, 2003 when one of the partners

opted to pull out, necessitating further change of name to Mpoki and Associates, Advocates

name is used to date. Is a firm of Advocates registered under the Registration Business Names

Act Cap 213 registration, number 138977.

1.3 STRUCTURE AND ORGANIZATION OF THE PLACEMENT OFFICE

The Resident Magistrate Court of Mbeya is found in Mbeya District and receives appeals

from Primary courts. It is located in municipality of Mbeya city which serve as the regional head

quarter. There is central registry, criminal registry and civil registry. Also includes judicial staffs,

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magistrates in their respective court, court clerks (criminal and civil registries), typist for court

proceedings and judgments, and records management for open and confidential registry.

Mpoki and Associates, Advocates comprise of five advocates namely M.K Mpoki, Daimu

Halfani, Joachim Stocki, Prisca Chogero and Gladness Rema. Other staffs include typists and

office attendance. Mpoki is a senior advocate.

1.4 MAJOR ACTIVITIES AND FOCUS OF DEPARTMENT

During my field attachment at the court and the law firm I had opportunity of observing and

practicing how court proceedings are conducted in criminal trials. With the guidance of my

supervisor, I was attending criminal trials, take court record in the court files, record both

prosecution and defence evidence, attending the conduct of preliminary hearings and observed

the bail inquiries. Moreover I was given various tasks such as writing rulings, judgments and

legal opinions on various criminal cases that I happened to attend and others that assigned. It was

such a remarkable experience as I had an opportunity of writing many ruling and Judgments on

Civil and criminal matters which were approved by honorable magistrate.

CHAPTER TWO

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2.0 DUTIES AND RESPONSIBILITIES
During legal training at the Resident Magistrate Court I experienced a lot of tasks includes, to

give opinions, for example in matrimonial case the issue was to give opinion on whether or not

the marriage was broken down. Also on evidence produced before the court during proceedings

either evidence carries weight or not, to give legal aid during law day, started from 1 st February

to 5th February, to draft ruling and judgments. Writing of court orders in the files on specific date

when case called, either for mention or hearing. For example in case file, date must appear

corum i.e. name of the presiding Resident Magistrate, Parties to the case. For example in election

petition case Suma Fyandomo’s case

In a law firm also I had duties which include investigating the facts of cases and ensuring that

all relevant information is considered. Preparing legal arguments for lawsuits and drafting of

pleadings. Serving documents to other parties of a case. Also organize and track files from case

documents and make them available and easily accessible.

Other duties include assisting advocates in preparing for trials and court proceedings in a

case of CRDB PLC Vs Philipo Msafiri Koyange and Agness Kayonge Misc Appl no 53/2016.

Draft contracts and separation agreements. Maintaining contact with people involved in the case;

preparing and forwarding summonses, drafting complaints and generating status reports. Also

duties in a law firm were to informing clients by maintaining contact and communicating case

progress. Other duties were to keep cases organized by establishing and organizing files,

monitoring calendars, meeting deadlines and confirming case status with advocates.

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2.1 KNOWLEDGE AND SKILLS GAINED
During my attachment at the law firm I also learned the manner in which legal

practitioners conduct themselves when appearing for civil litigations, in particular, the way they

argue with each other before the court during their task of defending their clients. It was

interesting to see in some instances how witnesses lose their temper during examination after

being vehemently attacked with questions from the opponent counsel. Moreover I attended the

hearing of several civil cases and had chances to observe both written and oral submission

presented before the court by the learned advocates. I also attended the hearing of some rulings

and judgments on various civil cases that the firm I was working with had interest in. I also

attended mediation and arbitration session of some labour disputes cases at the commission for

Mediation and Arbitration where I got wide exposure and experience as to how mediation and

arbitration are conducted.

When I was at the Resident Magistrate, I got new knowledge of omnibus sentence

whereby in the case of Republic Vs Dr Mashaka and others the accused persons have 260 counts.

This means omnibus sentence is a single sentence for all offences of which an accused person

has been found guilty in a single trial. According to senior Resident Magistrate Chaungu it is

wrong to pass omnibus sentence where the accused person is convicted on two or more counts in

trial because the sentence must be passed on each count separately. Also about issue of voire dire

examination that the evidence of a child can be given weight even if voire dire shows s/he does

not know the nature of testifying under oath.

I also studied about the doctrine of recent possession whereby the person who possesses

the property must show how the property comes into his/her possession. I also learned that the

advocate do not enjoy any special privilege or protection from the powers of the court.

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2.2 LEVEL OF ACCOMPLISHMENT OF THE DUTIES ASSIGNED
The practical training in the law firm enabled me to improve the research skills

techniques on different areas of law through researches that I conducted through books, statutes,

case laws, recent rulings and judgments when I was given assignment to do research and submit

the same to my supervisor. It was through this I was able to update myself on current

amendments in laws and introduction of new laws.

Also I learn how Judges within the court tend to apply their skills, persuasive,

reasonableness together with the procedure and laws governed them so as to come up with the

reasoned and competent decision while dispense justice.

Also I learn on how advocates prepare themselves at all time so that they could be

competent in all matters concern legal matters. Also I learn on how they maintain and arrange

their office, how they keep records.

I learnt from the magistrate on how to apply wisdom while dispensing justice, also

reason the argument from both side and come up with the beat law and decision.

2.3 RELATIONSHIP WITH OTHER STAFF

 I leant to be part of the productive process within the framework

 I leant to develop power of communication, decision making, gain self confidence related

to their technical and social behavior.

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2.4 THINGS ENJOYED MOST AND WHY
I enjoyed how court proceedings are conducted and I was actively engaging in every part

of proceedings that went on before the court of Hon. Magistrate Chaungu who was my

supervisor. I also enjoyed how witnesses are prepared for giving their evidence in court and the

necessary orders that court makes when guiding the parties who appear before court. Keeping of

court records was also part of observation that I enjoyed and in some instances I was asked by

my supervisor to record witness statements when they are produced before the court.

The advocacy skills were great part of my observation when I was at the law firm. I

enjoyed because it is necessary tools that a legal practitioner is always required to be equipped

with such as better understanding of the case laws and statutory provisions relating to the case,

interpretation of the same, manners of saluting justices of appeal, judges in HC and magistrate

and court attire for legal practitioners.

2.5 THINGS ENJOYED LEAST AND WHY

Generally the court/magistrate chambers has inadequate learning facilities such as library,

there is no library at all and lack of text books, statutes, case law and other legal materials which

hinders students to conduct proper and accurate researches on tasks or assignments given by the

supervisor and even for own knowledge and understanding.

Shortage of chairs, tables and benches for people to sit while at the open court and even

in chambers which then cause for some student to wait outside the court session because there is

no place you can sit or write.

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2.6 PROBLEM EXPERIENCED AND HOW HANDLED
In a court there was no standardisation of office systems across the courts and different

operating systems and practices existed. There were no formal file naming conventions. Also on

issue of cases proceedings our cases which involves the office of D.P.P there is the problem of

unnecessary adjournment of cases; it is very normal to find that the case is continuously

adjournment even for years for untenable reasons such as that the prosecutor do not have the

police case file.

It is my considered view that these unnecessary adjournments are purely for the

negligence on the part of the Republic. This is very unfair and contrary to law because some

suspects who are languishing in remands are possibly innocent and the delaying is doing

injustice to them and depriving their right to liberty.

2.7 MAJOR BENEFITS DERIVED FROM FIELD ATTACHMENT PROGRAM

The advocacy skills were great part of my major benefits when I was at the law firm as

well as when I was at the court. I observed necessary tools that a legal practitioner is always

required to be equipped with such as better understanding of the case laws and statutory

provisions relating to the case, interpretation of the same, manners of saluting justices of appeal,

judges and magistrate and court attire for legal practitioners, judges and magistrates. I also

observed that once one assumes judicial responsibilities he must have the ability to change.

Also how various pleadings and other documents are prepared. I was assigned to file and

make several applications to the courts and tribunal registries serving and attesting documents to

other law firms.

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 CHAPTER THREE
3.0 CONCLUSION
The Tanzania government idea of establishing Law School for law graduates to acquire

practical legal training was one of the country’s biggest achievements in legal sector. I can

confidently say this because of the abundant and wide experience and skills and connections that

I was able to acquire during my field placement at Mpoki and Associates, Advocates as well as

at the Resident Magistrate Court of Mbeya. I was not aware of so many important legal

procedures and practice but the field placement made me aware of them and I was able to

observe advocacy skills and techniques which are part of daily activities of a legal practitioner.

Moreover the field placement made me aware of different courts and tribunals, big offices and

various ministries existing in Dar es Salaam which is indeed a great help to me as when I start

practicing I will not be unfamiliar with the location of the courts and issues of obtaining, serving

documents and summons.

3.1 RECOMMENDATION
I do recommend that the Law School students during their internship should be allowed

to practice some of the roles of the advocates such as holding briefs before the High Court and

subordinate courts thereto. This will allow the student to experience the practical part of

addressing the court and enhance the student’s confidence and skills to their prospective career

when enrolled into the bar.

The number of open court rooms and chambers need to be increased to allow each

magistrate to have his/her own chamber so as to work efficiently during hours of work to avoid

pile up of cases and delay of justice. Even the available rooms are in very poor conditions that no

magistrate feels confident and comfortable in discharging their daily duties.

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