The Arusha Times

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ISSN 0856-9135

No. 00287

September 13-19, 2003

Interview

 

TAWLA: Learned female friends in need

When things become tough, people who can not afford to employ legal services, rush to TAWLA for help. But what exactly is TAWLA? Christina Kimale, the Acting Coordinator of the association, gives us a glimpse into their files.

By Nyamanoko Bwire

QUESTION: What is TAWLA, when and why was it started?

ANSWER: TAWLA is short form for the Tanzania Women Lawyers Association, which was formed in 1990, but the Arusha branch was established in 2001.

The association offers legal assistance to people who are not able to hire advocate services but in need of such help.

In fact, the establishment of this Arusha branch of TAWLA was demand driven, people kept inquiring about where to acquire legal advice and assistance prior to appearing or taking their claims to court.

Q: How much does the client have to pay when seeking legal advice from TAWLA?

A: As I just said, we are here to assist those who cannot afford to seek legal representations in court cases so we never charge them anything. All our clients are given free advice and consultations regarding their cases or claims and that’s all.

Q: Do you also get to represent them in court?

A: What we normally do is simply to prepare the relevant legal documents that our clients need for their respective court cases or claims so that, they don’t have to incur the costs of hiring lawyers. We help them to take the documents into court plus advise them on how to plead their defences, present charges or on how to testify as witnesses should the need arise.

Q: How many cases have you handled so far?

A: Many, I can’t give the exact number for Arusha. Mind you, some cases are simply being dealt with at our offices because after offering legal advices to both parties the cases end before being taken to court. Out of court settlements are quite frequent, it is only when it becomes really necessary, that we advice the plaintiff side to file a case.

Q: What are the most frequent cases that are reported to TAWLA in Arusha region?

A: Arusha’s main problems are usually cases of matrimony, such as divorce, child care, property splitting after divorce, domestic violence, women being chased out of their husband’s houses, heritage of property after their spouses deaths and sexual offences such as rape and child defiling.

Q: Gender wise, who seems to be the most victims?

A: Of course, it’s women, they are the ones who normally seek TAWLA’s assistance in various cases of that nature. But then it’s usual, I mean cases of divorce in Arusha communities always put women in the victim position of the receiving end.

Also, when it comes to domestic violence, women are usually the victims again, this is prevalent world wide. Men also suffer but you can be sure that, none will ever dare to come out and complain.

In Tanzania, the issue of property inheritance after the man dies is still a matter of great debate on whether their wives should be given anything. In most cases, they are sent out empty handed.

Q: Maybe men feel since TAWLA is a women lawyer outfit then it is more inclined to assist women and alienate them?

A: Well, that is not the case, we called it "Tanzanian Women Lawyers Association" because it is made up of female advocates but in our operations, we never favour nor represent only the female population but assist anybody who is in trouble and needs help.

Q: Are the claim cases being filed by women against their spouses ever come to anything good?

A: These are the most tricky and difficult cases to handle, because, as soon as a man realizes that, his wife has filed a claim against him, he would always sell off everything, so when the women wins the case and the court grants her some of the property, she discovers that, there is no property left.

Q: What about the child care cases?

A: These are increasingly becoming rampant due to regular divorce cases and children being born out of wedlock. Even within marriages, some fathers never seem to care for their families, so the mothers come to complain.

The law recognizes both parents even in divorce, but in the past, the child caring responsibility was solely given to the man, as it was believed that, women were just house wives with no income. However, nowadays most women work and can take good care of the families.

Q: Do you ever encounter problems in carrying out your duties?

A: Frequently. When defendants of claim cases get sentenced to imprisonment, TAWLA has to take the burden of feeding them, because the government never takes the responsibility.

Also, women may come to complain but when the issue gets to court level, they normally withdraw as they are afraid to file lawsuits against their tormentors. 

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