Lecture 9
Professional Ethics for State Attorneys &
Lawyers in the Public Service
The Law School of Tanzania
LS 102: PROFESSIONAL CONDUCT & PRACTICE
(Classroom Instructions) – 36th Cohort
By Dr. Julius Clement Mashamba
(Advocate, Senior Lecturer, Accredited Arbitrator & Mediator)
Dar es Salaam February 2023
OUTLINE
1. Introduction
2. Who is a State Attorney and Who is Lawyer in Public Service?
3. What Constitutes Ethics State Attorneys & Lawyers in Public Service?
4. Fundamental Objectives of Ethics State Attorneys & Lawyers in Public
Service
5. Underlying Principles Relating to Ethics for State Attorneys & Lawyers
in Public Service
Readings
• The Constitution of the United Republic of Tanzania, 1977 (Articles 59, 59A & 59B)
• The Attorney-General (Discharge of Duties) Act, Cap. 268 R.E. 2019.
• The National Prosecutions Service Act, 2008.
• The Office of the Attorney General (Re-structure) Order, GN. No. 48 of 2018.
• Public Service Act, Cap. 298.
• Public Service Regulations, 2003.
• Public Service Code of Good Practice, GN No, 53/2007.
• Standing Orders for Public Service, GN No. 493/2009.
• The National Prosecutions Service (Establishment) Order, GN. No. 49 of 2018.
• The Solicitor-General (Establishment) Order, GN. No. 50 of 2018.
• The Attorney General (Appointment of Law Officers and State Attorneys) Notice, GN No. 1011 of 2020.
1.0 Introduction
• State Attorneys and Lawyers in Public Service are civil servants.
• Their work, and professional conducts are regulated by the law relating to public
service.
• They are required to observe ethical principles applicable for both civil servants and
lawyers.
• Where they violate such ethical principles they are dealt with under the laws and
procedures applicable for both civil servants and lawyers.
2.1 Who is a State Attorney?
• "State Attorney" means a person appointed as such under s. 24 and
includes a Parliamentary Draftsman and a Local Government
Solicitor (s. 3 of the Attorney-General (Discharge of Duties) Act, Cap.
268 R.E. 2019.
• “State Attorney” means any of the persons specified in a GN published
in the Gazette by the AG, who in his current employment, holds the
rank below senior officer (para. 2 of GN No. 1011).
2.2 Who is a “Law Officer” in Public
Service?
• "Law Officer" has the meaning ascribed to it under the Interpretation of
Laws Act; [Cap. 1] – s. 3 of the Attorney-General (Discharge of Duties)
Act, Cap. 268 R.E. 2019; and appointed under s. 24 of Cap. 268.
• “Law Officer” means any of the persons specified under an instrument
made and gazetted by the AG, who, in his public employment, holds the
rank of senior officer and above (para. 2 of GN No. 1011 of 2020).
2.3 Organisation of Lawyers in Public
Service
NPS/DPP OAG/OSG
State Attorneys
State Attorneys Law Officers/Legal
Officers
PP’s
Solicitors in LGA
s
2.3 Organisation of Lawyers in Public Service
The Government Legal Team (S. 25, Cap. 268)
• Function: to undertake strategic legal analysis and forecast with regard to legal services rendered as
well as prosecutorial and adjudicatory services provided (s. 25(1).
• Composition (s. 25(2):
(a) the Attorney-General who shall be the Chairman;
(b) the Director of Public Prosecutions;
(c) the Solicitor-General;
(d) the Administrator-General;
(e) the Executive Secretary of the Law Reform Commission of Tanzania;
(f) the Chief Parliamentary Draftsman;
(g) the Director of Legal Services in the Ministry responsible for legal affairs; and
(h) the Director of Legal Services in the Ministry responsible for local governments.
2.4 Duties of State Attorneys & Lawyers in
Public Service
• Pursuant to Art. 59(3) of the Constitution of Tanzania, s. 16 of the Office of the
Attorney General (Discharge of Duties) Act, Cap. 268, and such other written laws,
the duties of the AG may be discharged by Law Officers and State Attorneys, upon
authorization by the AG.
• S. 24(3) of the Office of the Attorney General (Discharge of Duties) Act, requires the
AG, by instrument, to formally appoint all persons employed as Law Officers & State
Attorneys as such and accordingly, direct on the nature of functions they will perform.
2.4 Duties of State Attorneys & Lawyers in Public
Service
• Advising & assisting Govt in
Transactional contracts negotiations & execution
• Criminal cases are prosecuted by the
Prosecution republic through the NPS/DPP
• Central Govt.,
Representing Gov. in LGAs, Parastatals,
civil cases & arbitration etc.
3.0 What Constitutes Ethics State Attorneys &
Lawyers in Public Service?
• As civil servants, State Attorneys & lawyers in public service are bound
by ethics for public & civil servants (See: Public Leadership Code of
Ethics Act, Cap 398 R.E. 2015; Public Service Code of Good Practice,
GN No, 53/2007; Standing Orders for Public Service, GN No. 493/2009).
• They are also bound by ethical principles applicable for advocates (Reg.
106 of GN No. 118/2018) & judicial officers, depending on where they
are attached at a given time.
4.0 Fundamental Objective of Ethics State Attorneys &
Lawyers in Public Service
• When acting as judicial officers, State Attorneys and Lawyers in Public Service
must adhere to all the ethical considerations for advocates as well as well
public officers.
• Because they serve the interests of their employer & only clients, State Attorneys
and Lawyers in Public Service must make sure that they serve the interests of
the State.
• State Attorneys and Lawyers in Public Service represent the position of the State in
both civil and criminal cases.
5.0 Underlying Principles Relating to Ethics for State
Attorneys & Lawyers in Public Service
• All the underlying principles and duties required of advocates also
apply to State Attorneys.
• State Attorneys & lawyers in public service must also adhere and
uphold their employers interests, needs and demands.
• They have also ensure that the best interests of their employers and the
State, in general, are preserved.
