Implementing cross border legal practice within the EAC states: a case of the legal profession in Tanzania

At the conclusion of negotiations on the EAC Common Market Protocol, Tanzania was the only EAC country that had indicated that it will not allow Cross Border Legal Practice (CBLP) by restricting entry of lawyers registered in other EAC Partner States in its legal services market. This move was taken while the other four Partner States had indicated to allow some form of CBLP by 2015. This move by Tanzania drew a lot of criticism across the whole of East Africa especially from Partner State lawyers and their bar associations accusing Tanzania of being Anti-East African and protectionist. Why Tanzania opted to take such a position has never been made public leading to a lot of speculation as to the true intention. Against this background, this study has undertaken to search and document the reason for Tanzania’s decision and to understand its rationale by examining the current legal and regulatory frameworks governing the legal practice in Tanzania. The study aimed at establishing whether, in the light of the East African Community Treaty framework, the decision by Tanzania was informed by the current legal framework or was influenced by other factors and considerations not entirely legal. Through the use of various methodologies such as interviews, documentary reviews and informal discussions during conducting of the study, it has been discovered that unlike some other EAC Partner States, Tanzania’s legal and regulatory framework for practising law is very permissive to foreign practitioners who aspire to practice law in the country and thus leading to the conclusion that the decision not to allow CBLP was informed by other non-legal considerations. The study concludes by indicating that by refraining from expressly declaring its commitment to CBLP, Tanzania’s legal framework still allows foreign practitioners to come and practice unrestricted. Given this predicament, the study therefore recommends for the reconsideration of the decision to withhold commitment on account of broader benefits that are expected to be received through regional trade relations and urges the government and other stakeholders to consult and reach consensus on the next steps towards negotiations with a view to ensuring that Tanzania does not lose out on the opportunities brought by the East African Common Market.