Hiring a lawyer is not winning a case

Just how conversant with the law are Arusha people and can they really defend themselves in court? District Court Registrar, Pellagia B. Khaday is on the carpet this week but she reckons that local residents are rather too dependent on their attorneys.

By Nyamanoko Bwire

ANSWER: Not very good I am afraid. Most people here do not know the laws, in fact the majority have never even stood in court especially those coming from rural areas.

There is also this tendency of people depending on lawyers rather too much. Once a person hires an attorney he or she feels the case has already been won.

It is due to this therefore, that people chose to employ lawyers other than learn about the laws.

We’ve even been hearing cases of defendants who drop their cases just because their opponents have hired an attorney thinking they are now doomed.

What people here don’t know is that, lawyers are simply to direct them on the right course not to guarantee victory in court.

People need to develop self confidence, there are a number of cases which even with the assistance of lawyers, can not be won.

A: Basically, the courts are aware that the majority of Tanzanians don’t know the laws so we try as much as we can in directing them how to go about it in either presenting claims or pleading defence without going contrary to the fixed regulations.

It is however, not the responsibility of magistrates to teach defendants laws when they are being charged.

A: First and foremost, the accused must know of the charges against them. The accused also have the right to probe all witnesses testifying against them in their cases during proceedings and to bring for the hearing their own witnesses.

It is also the right of accused to get copies of the charges against them, bail and even to appeal in case the judgement issued is not satisfying to them.

A: Since it is their sole right, the accused can bail themselves out in accordance to the fixed laws and regulations. All they have to do is settle the amount required and report to court for successive hearing sessions.

However, such cases aren’t very common and we don’t exactly encourage them, besides it is not all cases that one can place own bond.

A: Murder charges, mutiny, armed robbery and grievous assault aren’t allowed bail, but other charges usually have bail bonds.

A: Bails are usually granted once but since it is the right of accused, they can be granted again but under stricter conditions in which the defendants can again appeal if proved to be tougher.

A: Like for instance reporting at local Police stations on everyday, this mainly applies to people who skip bails.

Other conditions include the "guarantee" prohibiting the accused from travelling outside their local areas.

A: Well, the case goes on anyway. In most cases the defendant loses because from then, it is usually a one sided proceeding. The judgement will then be passed and as soon as the defendants get arrested, they go straight to jail.

A: We have inadequate number of magistrates, Currently they are only seven, each of whom handles over 300 cases, this burden is rather big and it causes most accused persons to spend a lot of time in custody awaiting their hearings.

Some sureties also file false information while bailing people out. In the past, only civil servants were allowed to bail defendants out but the staggering number of cases have made this requirement to be no longer necessary.

Last modified: October 16, 2003.
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