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THE ROLE OF HUMAN RIGHTS NGOs IN PROMOTION OF ACCESS TO JUSTICE

IN TANZANIA;

LESSON FROM EUROPEAN COMMON LAW COUNTRIES PRO BONO STATUS

AND PRO BONO CLEARINGHOUSES.

Bwire Deogratias T.1

“Pro bono publicio - ‘for the public good’ - not just in the sense of professional work undertaken

voluntarily and without payment, but in the sense of a public service to those who are unable to

afford the services of skilled professionals. It is a noble and necessary calling for all attorneys.”

Chief Justice Tani G. Cantil-Sakauye (the Supreme Court of California (October 2014)

Introduction

The right of access to justice refers to individual’s guarantee to have access to an independent and

impartial tribunal or court and be granted an opportunity to fair trial in defense of ones liberty or

property.2 Inclusively, access to justice involves a legal protection framework with acceptable

procedural and substantive standards, legal awareness of both of users and providers of such advice

and fair adjudication of disputes.3 Access to legal services, in particular legal aid and counseling

also form part and parcel of the right to access to justice.4 This is because over time, the legal

process has become out of reach especially for the poor because of increased expenses of legal

services in most modern societies.5 In order to help individuals who cannot afford these expenses

1 LL.B University of Dar es Salaam, currently pursuing LL.M in Comparative Constitutional Law (LL.M CCL)

at Central European University (CEU), Budapest-Hungary. The author is very grateful to Lorna Kralik

(Manager, PILnet, Budapest office) and Robin Bellers, Center for Academic Writing CEU for their tireless

support to the completion of this paper. The author can be reached at deogratias.bwire@gmail.com 2 Edwin R. et al, Access to justice; Legal Aid for the underrepresented in Access to justice in Central and Eastern

Europe ; Columbia University Kht, Interights, Budapest 2003 pp4 3 Danish Institute for Human Rights and the East African law society. Access to Justice and Legal Aid in East Africa;

A comparison of the legal aid schemes used in the region and the level of cooperation and coordination between the

various actors, Danish Institute for Human rights, Copenhagen 2011pp16 4 Patricia B. and Prisca M. The value of pro bono services in accessing justice in Tanzania in Open University Law

Journal, Vol. 4, No. 2 2013 pp146 pp 147 5 Chris M.P. Human Rights in Tanzania; Selected Cases and Materials, Rüdiger Köppe Verlag, Koln 1997 pp 335.

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legal aid and counseling programs through government funded legal aid services or through

lawyers on a pro bono basis have been established in many jurisdictions.6

This paper aims to analyze the status of pro bono in European common law countries, in particular

England and Wales, as well as good practices by successful pro bono clearinghouses. England and

Wales have been chosen because they provide a good example to Tanzania, which is also based

on an English common law system. Apart from this, these countries also form part of the European

common law countries which have developed the system of pro bono clearinghouses proposed to

be adopted in Tanzania. The Global Network for Public Interest Law (PILnet) will also be

considered in the paper as it provides a good illustration of a successful European pro bono

clearinghouse. The paper will explore potentials for a pro bono clearinghouse and address the

potential for the application of this model to the Tanzanian context, as it relates to human rights

litigations and access to justice.

Ultimately, this paper aims at calling upon all stake holders in the field of access to justice in

particular NGOs, the government, law firms and professional organizations to consider pro bono

as a supplement to the legal aid funded by the government by establishing and support pro bono

clearinghouses taking into consideration good practices which can be transferred from the

European common law countries and work within the Tanzanian context in order to improve and

promote the right of access to justice.

6 The Global Network for Public Interest Law and Advocates for International Development. Pro Bono Clearinghouse

Manual; Resources for Developing Pro Bono Legal services, PILnet& A4ID, Budapest and London, Hungary and

U.K 2011 pp 17

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The situation of Legal Aid, Pro Bono and Access to Justice in Tanzania

Legal Aid refers to free or subsidized legal advice or representation to individuals who cannot

afford to pay for it. Normally, it is the government which subsidizes this legal service and lawyers

are compensated by it for the services provided.7

The term “Pro bono” is derived from a Latin phrase pro bono publicio, which means “for the public

good”.8 In law, it is used to refer to free provision of legal services by lawyers to persons who are

in need of access to such services but they cannot afford it.9 In the provision of pro bono, lawyers

do not receive any payment .Pro bono services have been defined to have the following

characteristic features;

..legal work done by lawyers; for the public good, rather than for commercial interests; voluntary and

uncompensated for the lawyer; free for the client; and delivered with the same professional standard as paid

legal work.10

In Tanzania, the constitution provides for the right to fair trial.11The constitution however, does

not explicitly provide for the right to free legal services whether on legal aid or pro bono basis.12

This illustrates that, in Tanzania there is no constitutionally protected right to legal aid at public

expense, a fact which jeopardizes the right of access to justice.13 The only available legal aid

system in Tanzania is provided for by the Legal Aid criminal proceedings Act.14Under the Act,15

7 Op. cit. PILnet and A4ID. Pro Bono Clearing house manual pp20 8 Op.cit Patricia B. and Prisca M. The value of pro bono services.pp 147 9 Op. cit. PILnet and A4ID Pro Bono Clearing house manual pp 17 10 The Global Network for Public Interest Law and Advocates for International Development. Pro Bono Clearinghouse

Manual; Resources for Developing Pro Bono Legal services, PILnet& A4ID, Budapest and London, Hungary and

U.K 2011 pp 17 11 Art 13(6) (a) of 1977 Constitution of the United Republic of Tanzania. 12 Asina O. The current situation of legal aid provision in Tanzania; 2014 pp2 Available at

www.tanlap.or.tz/sites/default/files/.../Asina%20Omari%20article(3).pdf 13 Ibid. Asina O. 14 Cap 21 of the Laws of Tanzania [R.E 2002]; under s.s 3,4 and5 of the law; in the interest of justice the state has an

obligation to provide for the accused person free legal aid through an advocate who will in turn be compensated by

the state for the services offered. 15 Ibid cap 21[R.E 2002]

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proceedings are defined to mean any criminal proceeding in any court other than a primary court

in which a person is charged under criminal offence, including appeals before the High Court of

Tanzania against decisions of subordinate courts.16 Under this definition, indigents charged with

criminal offences before the primary courts are not covered by the Act or entitled to legal

assistance.17Under this law, only two criminal offences namely treason and murder qualify an

individual to this state funded legal services.18

As noted above, the law19 entitles only individuals charged with criminal offences the right to legal

aid.20 Under civil offences, the only laws available are the Court Fees Rules which provide for

indigent exemption of court fees when filing the case to the court, provided that he is not a

beneficiary of legal assistance.21 Therefore, very few individuals have access to legal aid services

with this state funded legal aid under the Act.

The insufficiency of state funded legal aid services in both civil and criminal matters has led to

intervention of non-state actors in the form of privately funded or charitable schemes. Universities

with pro bono legal aid centers such as the University of Dar es salaam Legal Aid

Committee(LAC), professional organizations specifically The Tanganyika Law Society (TLS),

16 Ibid s.2 Cap 21 [R.E 2002] 17 Also see Magistrates Courts’ Act 1984 s. 33 18 Op cit. Asina O. The author associates these offences to their gravity as they are only two offences which attract

death penalty under the penal laws of Tanzania. 19 Legal Aid Criminal Proceedings Act Cap 21 [R.E 2002] 20 Op.cit ss 3,4 and 5 of the Act. 21 Rule 8 of the Court fees Rules G.N No. 308 1964

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non-governmental22 and paralegal organizations23 form part of these non-state actors.24These non-

state actors typically deal with pro bono legal services, referral services, public interest and impact

litigation, legal advice and counselling, issuing court fees exemption, document preparation, legal

and civic education and representation before courts.25

Access to justice in Tanzania, has markedly benefited from these relatively new avenues to access

justice. One notable effort to draw all these disparate efforts together is an annual legal aid day

when all legal aid providers gather to offer free legal services including the provision of counsel.26

Despite the advances, Tanzanian legal aid and pro bono system remain disorganized due to poor

legal and institutional framework as well as lack of commitment from both state and non-state

actors leading to difficulties in the realization of access to justice.

Legal aid, Pro Bono and Access to Justice in England and Wales

In England and Wales, there is a well-established state funded legal aid system.27 This legal aid

which was first established by the Legal Aid and Advice Act of 1949, is currently available for

both civil and criminal matters.28 In 1999, the Access to Justice Act was passed in order to

22 Examples of Human rights NGOs committed to the provision of pro bono legal aid services are the Legal and

Human Rights Center (LHRC), Tanzania women Lawyers Association (TAWLA) and Women Legal Aid Center

(WLAC). 23 Paralegals are non-lawyers trusted by a person seeking legal help and representation of interest. They might have

been received legal training but they are laymen as far as law is concerned. Until 2012 there were about 79 active

paralegal organizations in mainland Tanzania. See Legal Services Facility. Baseline Survey on Tanzania Mainland

and Zanzibar for Legal Aid Facility, ID: LSF 001 BLST SCTA, March 2012. Pp 33. Also see Brickman Lester,

“Expansion of the Lawyering Process through a New Delivery system; The Emergence and State of Legal

paraproffessionalism” Vol. 71, No.7 Columbia Law Review, 1971 pp 1153 as cited in Ibid Chris M. P. pp340 24 Op.cit Asina O.pp 3 25 Op Cit Danish Institute for Human Right Report pp40 26 Op.cit Asina O. pp4 27See Roger s. Legal Aid in England and Wales in Public Interest law Institute. Making Legal Aid a Reality; A

Resource Book for Policy Makers and Civil Society, Public Interest Law Institute, Budapest, Hungary 2009. pp 35,

pp 35 Also See The Pro Bono Institute and Latham & Watkins LLP; A survey of Pro Bono Practices and Opportunities

in 71 Jurisdictions 2012.pp66 available at https://www.lw.com/admin/Upload/Documents/PBI-2012-survey-

Germany.pdf 28 Ibid Latham& Watkins

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strengthen the budget and administration reforms.29 Currently this is the law which governs all

aspects of legal aid programs in these two countries under the established Legal Services

Commission (the Commission).30 Under the Commission there is the Community Legal Service

(CLS), which governs all aspects of civil matters and the Criminal Defence Service which deals

with criminal matters (CDS).31

Although the English legal aid system is regarded as the most highly funded governmental legal

aid program in the world, 32still it does not satisfy the current demands for legal services especially

in civil matters.33 Moreover, legal aid in the English system is only available to individuals and

not to charitable organizations or other non-governmental organizations with inadequate funds but

in need of legal services. This has led to the rise of a provision of free legal services by professional

lawyers on pro bono basis.

Professional lawyers, law students and charities engage in the provision of pro bono legal services

in England and Wales.34 The Bar Pro Bono Unit and Bar Council are charities which involve more

than 2000 barristers volunteering in offering pro bono services.35 Barristers willing to assist are

required to use a minimum of three days per year in handling a pro bono case and be committed

to the case the same way as to other paid works.36

29Op.cit Roger s. in Making Legal Aid a Reality pp 36. 30 Ibid 31 Ibid 32 “In 2003–4, its funding was just under three billion euros, with an annual per capita cost of almost sixty Euros” see

Op. cit Roger S in Making Legal Aid a Reality pp 35. 33 See op. cit Latham& Watkins pp 66. 34 Ibid Latham & Watkins pp 67. 35 Ibid 3636 Op.cit Latham & Watkins pp 68.

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Law schools also have advice centers which involve law students working with practicing

barristers.37 These centers, apart from being of help to clients in need of legal advice, they give

opportunities to students to practice theories learnt in class to the real situation. These clinics are

required to comply with the standards of bro bono services in accordance with the guidelines for

the legal advice center set by the Law Works, a pro bono referral service connecting pro bono

lawyers with the community.38

The Law Works was originally formed to create link between solicitors wishing to offer pro bono

legal advice with law centers and clinics providing such services.39 Currently, charities such as the

Law Works and the Bar Pro Bono Unit are housed by the National Pro Bono Center which acts as

the national clearinghouse for legal pro bono services in England and Wales.40

Pro Bono Clearinghouses

A bro bono clearinghouse41 “serves to bridge the gap between lawyers seeking opportunities to

provide free legal help and those who need it”.42 It facilitates the provision of pro bono legal

services connecting individuals, organizations in need of legal assistance and the lawyers willing

to provide such services.43 It therefore acts as a hub of legal skills and services providing for

mechanisms through which individuals find legal support.44

37 Dennis F. A Note of Pro Bono work in English Law Schools in Besa A(ed).Pro Bono Legal Aid; Research Project-

South East European University June 2012 pp 1. Available at

http://www.seeu.edu.mk/files/research/ProBono_LegalAid.pdf 38 Op. Cit Dennis F. 39 Op. cit Latham & Watkins pp 67 40See Law Works website http://www.lawworks.org.uk 41 sometimes referred to as “Pro Bono Center” or “Pro Bono Alliance” See pp 19 manual The Global Network for

Public Interest Law and Advocates for International Development. Pro Bono Clearinghouse Manual; Resources for

Developing Pro Bono Legal services, PILnet& A4ID, Budapest and London, Hungary and U.K 2011 pp 19 42 See Ibid pp 19 43 Ibid 44 Ibid

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The PILnet provides a good example of a pro bono Clearinghouse. PILnet,(formerly Public Interest

Law Initiative(PILI), was established as a means of enhancing access to justice to vulnerable and

disadvantaged after the fall of the Berlin wall.45In 2002 it established its offices in Budapest,

Hungary after witnessing increasing interest in pro bono legal services in Eastern Europe and

started to work as a link between lawyers who wished to offer legal services on a pro bono basis

and individuals who needed it.46 Currently PILnet has offices in Russia, China and New York47 as

well as facilitating initiatives for establishing a formal pro bono legal assistance scheme in African

countries particularly Nigeria.48

Aims of establishing a pro bono Clearinghouse

The ultimate aim of establishing a bro bono clearinghouse is promotion of access to justice. Other

reasons as to why bro bono clearing houses are very important are; promotion of rule of law in

the country, nondiscriminatory provision of legal advice, raising awareness about pro bono and

educating people about the law and development and furthering specific goals such as the United

Nations Millennium Development Goals(UNMDGs).49

Tanzania does not have a legal aid law to regulate the provision of free legal aid to indigents

particularly on civil matters.50 The provision of legal aid on pro bono basis by non-state actors is

therefore unregulated. The only available and recognized pro bono service in Tanzania is by

professional lawyers regulated by the Tanganyika Law Society (TLS), a bar association in

45 See www.pilnet.org /public-interest-law and the Clearinghouse manual pp 9. 46Ibid Clearinghouse Manual pp 9. 47 See http://www.pilnet.org/public-interest-law 48See http://www.pilnet.org/events/176-in-nigeria-pro-bono-finds-fertile-ground 49 See Clearinghouse Manual pp 24 50 Op. cit Danish Institute for Human Right Report pp 49

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Tanzania.51However, poor monitoring system, implementation and follow-up of the pro bono

guidelines by the TLS legal assistance committee hinders many aims of this bar association in

realizing access to justice to indigents.52 Establishment of pro bono clearinghouses might push

forward pro bono efforts initiated by the TLS towards the realization of the right of access to justice.

Clearinghouse’s clients

Clearinghouses fulfil their aims by helping organizations and individuals in need of free legal

services to find lawyers who would wish to offer such services. It is very important for a

clearinghouse to apply vetting procedures in identifying eligible pro bono clients. The means test

is a good way of identifying the targeted individual clients in order to assure that lawyers’ pro

bono services do not end up being enjoyed by those who can afford to pay for legal services.53

PILnet’s clients for example, are both individuals and NGOs. On choosing NGOs as clients, it

considers organization’s infrastructure, good business practice, transparency and professionalism

and it makes follow on NGOs website especially in identifying donors and annual reports.54

In Tanzania, vulnerable individuals and not NGOs have been the target of pro bono services. The

practice by the available pro bono organization and the bar association in securing clients has been

by the means test based on financial status of the client.55Because sometimes only basing on the

financial status only might be unreliable in getting eligible clients,56 there is a need to consider

other factors such as whether the client has or is receiving services somewhere else or whether he

is qualified to receive government funded legal aid services. The Legal Aid Committee of the

51 Legal service Facility. Baseline Survey on Tanzania Mainland and Zanzibar for Legal Aid Facility, ID: LSF 001

BLST SCTA, March 2012. pp31 52 Ibid LSF Baseline Survey pp37 53Op.cit Clearinghouse Manual pp 28 54 Ibid Pp 29. 55Op.cit LSF Baseline Survey pp29 56 In Tanzania some pro bono clients are not being honest when it comes to stating their financial status. Most of the

clients go for pro bono services because of higher charges by Advocate.

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University of Dar es Salaam for example has currently introduced the eligibility form to be filled

in by the client in need of legal services. Financial status, complexity of the matter and its impact

to the community at large are issue considered by the Committee when accepting the client.

In order to get more clients, there is a need to building up a strong network with areas and sectors

where normally potential clients for a clearinghouse will first go for legal help before having the

knowledge of a clearinghouse’s existence. These areas are such as, but not limited to, government

agencies such as ministries, courts and tribunals, professional organizations such as local bar

association as well as NGOs resource centers.57

In Tanzania, it will make sense if the clearinghouse creates connections with local government

bodies in particular wards, ward land tribunals, primary courts, commission for mediation and

arbitration for labor disputes and university legal aid centers. These are places where most

vulnerable and poor individuals in need of pro bono services go first when faced with legal

problems.

Conducting outreach activities in order to reach individuals who cannot afford to come to the office

due to transportation costs will also help in promoting and publicizing the clearinghouse. Some

pro bono organizations such as Tanzania Women Lawyers Association (TAWLA), Legal and

Human Rights Center (LHRC) and the Women’s Legal Aid Center (WLAC) succeeded to get a

good number of vulnerable women in need of legal assistance from rural and remote areas when

they started to engage in the system of “mobile legal aid” addressing problems of gender based

violence and matrimonial issues.58

57 Clearinghouse Manual pp32 58 Op.cit LSF Baseline Survey pp40

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Matters to be handled by the Clearinghouse

In order for the clearing house to achieve its goals, it has to make sure it specifies matters which

lawyers it has a link with are capable of handling. Typical matters which a clearinghouse can

handle are family and children law matters, public interest issues, matters affecting large group or

marginalized group of the society, matters not eligible for publicly funded legal aid, meritorious

cases and matters which can be handled and end within few days59

Land conflicts, probate, matrimonial, gender based violence and labor disputes are typical matters

which most pro bono providers handle in Tanzania.60 This signifies that many poor people face

these legal problems. Therefore, the clearinghouse must make sure it sufficiently has connection

to lawyers who will be able to handle them.

Involvement of lawyers and other legal entities willing to provide free legal services on pro

bono basis

The clearinghouse must be able to identify lawyers and law firms that are most likely to engage in

pro bono. International law firms legal domestic law firms, law schools, professional organization

such as the bar association and other civil society organizations dealing with pro bono and public

interest law can be approached.61

The potential organization in Tanzania where connection of lawyers and advocates can be easily

found is the Tanganyika Law Society (TLS). This bar association has names and addresses of all

advocates admitted to the bar for Tanzania mainland. Moreover, the TLS organizes the Annual

59Op. cit Clearinghouse Manual pp.31 60Op.cit LSF Baseline Survey pp41 61Op.cit Clearinghouse Manual pp 34

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Conference and General Meeting (AGM) where all advocates meet and discuss various legal issues

in relation to access to justice in the country.62

Some law firms in Tanzania such as Nexus Attorneys, Mkono and Co Advocates, also offer pro

bono legal advice as a part of giving back to the community.63 The most important thing the

clearinghouse is required to do is to identify the pro bono coordinator, the director of cooperate

social responsibility or any other member in these law firms dealing with or interested in public

interest matters and discuss with them mechanism on how to achieve realization of access to justice

through pro bono.64

PILnet has the Pro Bono advisory council involving pro bono coordinators from law firms and

partner law firms and its role is to advise and guide the clearinghouse on future efforts of

maintaining and developing links with more lawyers and firms.65

Referring the matter to the lawyer/ pro bono provider

After the lawyers and other interested pro bono providers have been chosen and accepted to handle

clearinghouse clients, the clearinghouse has to make sure it has procedures of handling the client

and the matter to the lawyer. There might be a need of engaging a staff member to introduce the

client to the lawyer, or other means such as telephone, email or letter with the aim of connecting

both client and lawyer for future meetings and communication might be useful.66

62 The latest conference and general meeting was held on 20th to 21st February 2015 in Arusha Tanzania and the

general theme of the conference was “60 years of Advancing Justice and Rule of Law.” See

http://tls.or.tz/event/annual-conference-and-general-meeting-agm 63 See http://www.nexusattorneys-tz.com and http://www.mkono.com 64 Clearinghouse Manual pp34 65 Ibid Pp36 66See Clearinghouse Manual pp 41

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The clearinghouse has to limit its involvement into the matter, after the matter has been referred

to the lawyer. However it is important to make follow-up after some time and when the matter has

been completed, doing an impact assessment is very important. Apart from making sure goals and

targets of the clearinghouse are met, this demonstrates the commitment of the clearing house and

encourage more lawyers to participate in pro bono provision.67The impact assessment can easily

be measured by the feedback from successful clients or the positive fluctuation of clients coming

for services in the clearinghouse.68

Resources

1) Financial resources

Starting up a pro bono clearinghouse might seem to be difficult when the source of funding comes

in. Currently in Tanzania, most non-governmental organizations engaging in the provision of

subsidized legal aid or pro bono legal services receive funds from the Legal Aid Secretariat (LAS),

the body created under the Legal Sector Reform Program (LSRP)69 to coordinate the legal aid

providers in Tanzania. 70 Normally the LAS calls proposals for funding legal aid providers

committed to the provision of pro bono legal services to the community to submit their applications.

Legal Services Facility (LSF), a non-profit organization managing a basket fund, supported by the

Danish International Development Agency (DANIDA) and the Department for International

Development (DFID) is another potential donor for pro bono legal services in Tanzania. LSF funds

pro bono legal aid providers by calling for proposals or opening the “window of opportunity” for

67 Ibid Clearinghouse Manual pp 42, 43. 68See op.cit LSF baseline Survey pp 44 69 The Legal Sector Reform Program (LSRP) is a program being implemented under the Tanzanian Ministry of Justice

and constitutional Affairs with the aim of ensuring all people have timely access to justice. See

file:///C:/Users/Administrator/Downloads/what%20is%20lsrp.pdf 70 See http://las.or.tz/

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the pro bono provides to lodge their applications on specified matter of interest in access to

justice.71 To a large extent, many pro bono providers have achieved their goals of enhancing access

to justice by utilizing these calls and windows by LSF.

Clearinghouses operate as normal non-governmental organization. Funding therefore, can be

obtained from the above mentioned donors or the government and international donors who,

considering the clearinghouse’s application and aims of promotion of access to justice and rule of

law, be convinced to supply funds to the clearinghouse. The most important aspect is to be creative

and think broadly on how to increase more funds to increase efficiency of the clearinghouse.

2) Human resources(lawyers/advocates)

PILnet started to work as a pro bono clearinghouse following increased interest of European

lawyers and law firms to pro bono.72 Also as noted from the description of England and Wales,

both barristers and solicitors are committed to the provision of pro bono legal aid services.73 In

2010, the number of all practicing barristers in England and Wales was 15,387 while solicitors

were nearly 118,000 in 2011.74 The estimated population for these two countries taken in mid-

2013 was about 57 million which means that there is a substantial number of lawyers ready to

provide pro bono legal services to the population when it comes to the question of human

resources.75

71 See http://lsftz.org/ 72 Op.cit Clearinghouse Manual pp9 73 The legal profession in the English system is comprised of two layers of lawyers, the Solicitor and Barristers. See

Op.cit Latham &Watkins pp65& 67 74 See http://www.barcouncil.org.uk/about-the-bar/facts-and-figures/statistics/#AllBarStats and

http://www.theguardian.com/news/datablog/2011/apr/04/solicitors-number-england-wales 75 See http://ons.gov.uk/ons/rel/pop-estimate/population-estimates-for-uk--england-and-wales--scotland-and-

northern-ireland/2013/index.html

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On contrary, in Tanzania, very few advocates and law firm are committed to the provision of pro

bono.76 In 2013 the total number of advocates admitted to the bar was approximately 4400.77 With

the Tanzanian population of about 49.25 million according to 2013 population statistics,78 it is

obvious due to small number and poor commitment of advocates and Tanzania, fulfilling aims of

a pro bono clearinghouse can prove difficulty.

In 2007, the Law school of Tanzania was established.79Establishment of the law school aimed at

imparting practical legal training to graduates in law from accredited higher learning

institutions.80In order to be admitted to the bar and obtain a practicing certificate, a law graduated

must enroll and pass practical legal training programs offered by the law school. Since its

establishment, there has been a substantial increase of practicing advocates and lawyers admitted

to the bar in the country due to the large number of law students enrolled.

The law school of Tanzania can be a potential area for a pro bono clearinghouse to obtain advocates

willing to offer legal services on a bro bono basis. In England and Wales trainee solicitors and

newly qualified lawyers have even managed to register a charity for the provision of pro bono

legal advice.81This illustrates that normally newly qualified lawyers are committed and ready to

offer pro bono services to the community.

76 Op. cit footnote 60. Also, according to the research conducted by the University of Dar es salaam Legal Aid

Committee funded by the LSF in 2014-2015, entitled University Based Legal Aid Clinics: Prospects in Enhancing

Access to Justice, most of the respondents(staff/lawyers from Universities with pro bono legal aid centers) admitted

the fact that many advocates(teaching staff) are not committed to providing pro bono, the fact which leads to the

lagging behind of University legal aid centers on promotion of access to justice in the country. 77 See http://www.thecitizen.co.tz/News/national/163-lawyers-admitted-to-the-bar/-/1840392/2356492/-/q7caa7z/-

/index.html 78 See https://www.google.hu/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-

8#q=tanzania%20population retrieved on 13/04/2015 17:50(BT) 79 See the Law School of Tanzania Act 2007. 80 http://lst.ac.tz/about_us/mission_vision.php 81 Op.cit Latham &Watkins pp 68

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Pro bono legal services do not always entail court representation but also legal advice. Lawyers

not admitted to the bar and paralegals/ paralegal organizations can still provide human resource to

the clearinghouse. In Tanzania, paralegals have played a great role in realizing access to justice to

indigents particular in matters requiring legal advice, conciliation and legal education.82

All in all, taking good practices form the European common law system as described above,

Tanzania can make a huge step in promoting and realizing access to justice if it embarks on the

establishment and operation of a pro bono clearinghouse. The clearinghouse will sufficiently serve

the interest of all particularly individuals in need of pro bono legal services as it is an organization

independent of the government, funders, law firms and other non-governmental organizations.

82 Op.cit LSF Baseline Survey pp45