Minister of Constitutional and Legal Affairs Professor Palamagamba Kabudi. Photo: File
By Adonis Byemelwa
In a groundbreaking move, Tanzania's Parliament has approved the Social Security (Amendment) Bill, 2024, which significantly reforms the Law School of Tanzania’s (LST) graduation requirements.
This decision marks a pivotal change in how legal training is approached in the country, potentially reshaping the legal landscape by eliminating mandatory practical training for all law graduates.
Previously, Tanzanian law graduates were required to complete and pass practical legal training at LST, even if they had no intention of pursuing a career in public legal service. This requirement, while aimed at ensuring a comprehensive legal education, has been criticized for imposing undue barriers on graduates who might not enter public service.
Professor Palamagamba Kabudi, Minister of Constitutional and Legal Affairs, introduced the bill to Parliament, stating that the amendments were designed to address implementation challenges and streamline legal training.
“This bill is intended to resolve the issues we’ve faced with the current legal training framework,” Professor Kabudi explained. “It removes the requirement for practical training for graduates who do not plan to work in public service and expands the training options available at law schools.”
The bill outlines two primary components: introductory provisions detailing the bill’s name and proposed changes, and revisions to specific legal provisions. Among the key changes, Section 11A has been introduced to extend social security coverage to self-employed individuals, allowing for substantial contributions by employers. Section 12A permits employees with multiple employers to receive contributions from all their employers with consent.
One of the most significant amendments involves reducing the penalty for late contributions from 5 percent to 2.5 percent, which aims to lower operational costs for employers and make fines more manageable. This change reflects a broader effort to make the social security system more equitable and efficient.
The new bill also addresses issues related to excess contributions, allowing the Social Security Board to waive these with ministerial approval. This adjustment is intended to ease the financial strain on institutions struggling with penalties. Furthermore, the bill introduces new offenses for employers who obstruct inspectors or refuse to register, ensuring that all deducted amounts are credited to the social security fund.
In the context of legal education, the approval of the bill has sparked considerable discussion. Results from April 23, 2023, revealed a troubling trend at LST: out of 821 students in the 34th cohort, only 23 passed their initial exams, while 497 need to retake exams and 301 must redo their entire training. This high failure rate has raised questions about the efficacy of legal training programs in Tanzania.
Bashir Yakub, a prominent legal expert, highlighted the systemic issues affecting legal education. “The problem starts with the admission standards of law schools and the quality of teaching,” Yakub said. “Some institutions admit students with poor academic records, and the focus on theory over practice means many graduates struggle with practical skills.”
Internationally, law schools in developed countries have rigorous standards to ensure that graduates are fully prepared for their legal careers. In the United States, for instance, law graduates must pass the bar exam and complete extensive practical training. This comprehensive approach helps ensure that legal professionals are well-equipped to handle complex legal issues.
In contrast, many Tanzanian law graduates who excel in academic settings often face difficulties in law school, where practical skills are rigorously tested. This discrepancy has been a source of concern, suggesting that the practical training component may not be sufficiently addressing the needs of future legal professionals.
Lawyer Belinda Mollel welcomed the bill’s changes, viewing them as timely and beneficial for graduates. “The amendments will allow students to explore various career paths if they do not intend to practice law,” Mollel said. “This flexibility will encourage students to engage more deeply with their studies and prepare for a range of professional opportunities.”
Conversely, lawyer Edison Kilatu expressed concerns that the reforms might exacerbate existing issues with law school qualifications. “While the bill may address some criticisms, it could also lead to inconsistencies in how lawyers are qualified,” Kilatu warned. “A uniform standard is essential to ensure fairness and maintain the integrity of the legal profession.”
Kilatu also stressed the need for a consistent qualification process, advocating for a level playing field in legal education. “We must have a system where all graduates meet the same high standards, regardless of their background,” he said.
Tanzania’s latest legal reforms are set to reshape the landscape of legal education, but their success hinges on addressing current challenges and improving the overall quality of training. The revisions promise increased flexibility and accessibility, yet they also prompt concerns about upholding rigorous standards for future lawyers.
Looking beyond Tanzania, several African countries have demonstrated effective approaches to legal education. For instance, South Africa’s law schools, such as the University of Cape Town and the University of the Witwatersrand, are renowned for their comprehensive training programs.
These institutions combine rigorous theoretical coursework with practical experience, ensuring that graduates are well-prepared for the demands of the legal profession.
In Nigeria, the Nigerian Law School, located in Lagos, also mandates practical training and a bar examination for all graduates. This approach has contributed to a robust legal community and a high standard of professional practice.
Tanzania’s reforms introduce significant changes, including the removal of mandatory practical training for graduates who do not plan to enter public legal service. While this move aims to alleviate barriers and offer greater career flexibility, it remains crucial to balance these benefits with the need to maintain high professional standards.
The effectiveness of these reforms will ultimately be measured by how well they address the shortcomings of the existing system and ensure that future legal professionals possess the skills and knowledge necessary to uphold justice and the rule of law.
In the end, the success of Tanzania’s legal education reforms will depend on their ability to integrate flexibility with rigorous training, ensuring that new lawyers are equipped to handle the complexities of the legal field. As the country embarks on this transformative journey, the commitment to enhancing legal education while safeguarding professional standards will be key to shaping a more effective and equitable legal system.