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The Advocates Act, 1970, Uganda

Published online by Cambridge University Press:  28 July 2009

Extract

The change taking place in the social structure of the developing countries reflects itself quite obviously in their laws. The legal profession is no exception to this process of change. Uganda had its first African advocate entered on the Roll of Advocates in 1953, and by the time of independence in October, 1962, there were 16 African lawyers out of a total of 170 lawyers. Today there are 96 African lawyers out of a total of approximately 250 in the profession. Although the private bar is still mainly dominated by the Asian lawyers, this situation will drastically change in the next few years. Many Asian lawyers who are non-citizens are leaving the country. Others who are citizens are also planning to leave so as to find a more secure future for their families. Finally very few Asian lawyers are coming into the profession.

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Articles
Copyright
Copyright © School of Oriental and African Studies 1971

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References

1 Apolo Kadumukasa Kironde was entered on the Roll of Advocates of the High Court of Uganda on April 13th, 1953.

2 Of the 21 lawyers listed, I was struck off the Rolls, 4 did not renew their certificates: Roll of Advocates of the High Court of Uganda; see also Denning Report, Report of the Committee on Legal Education for Students from Africa (Cmd. 1255 of 1961) especially para. 6, for the number of African lawyers in British Africa.

3 The total was arrived at from the membership list of the Uganda Law Society as of February, 1971. Total membership 196 (not including 20 additional members outside Uganda), of which 35 are in government or teaching. An additional 54 non-members are magistrates, judges, teaching and working for government legal departments.

4 Of the 161 in private practice 32 are African, 9 European, 120 Asian.

5 As of the end of March there were 11 new African lawyers, and no Asians for 1971. In 1970 out of 38 lawyers enrolled, 33 were African, 1 European and 4 Asian. In 1969 there were 18 African lawyers enrolled, 1 European and 4 Asian. Finally, in 1968 there were 19 African lawyers enrolled, 1 European and 6 Asian.

6 See S. D. Ross, “New members of the legal profession in Uganda—Makerere's first graduating class”, to be published in June, 1971, E.A.L.J.

7 23 from the graduating class, 30 from the second year, 40 in the first year and approximately 50 in the new class entering in July, 1971.

8 In the future there will be very few students studying law abroad or at Dar es Salaam. The government has stated that it will not grant any scholarships for legal studies outside Uganda except for post-graduate studies in specialised areas, such as criminology; Government memorandum on the report of a committee to study and make recommendations concerning legal education, sessional paper No. 3 of 1969, 13, para. 48.

9 Out of the first graduating class of 23 there were two Asians. Both intend to leave Uganda.

page 226 note1 Supra, p. 225, n. 8.

page 226 note2 The People, February 13th, 1970, 1. See also Uganda Parliamentary Debates (Hansard), vol. 101, Debate on Advocates Bill, June 15th, 1970, 1–25. The Attorney-General at page 7 states that he received many complaints from the public that they were unhappy about their treatment by advocates. “… [T]he public seem to think of lawyers as clever manipulators of technical rules.….”

page 226 note3 The People, February 13th, 1970, 1.

page 226 note4 The opposite view has been taken concerning Kenya: that the government is taking over control of the Law Society; see Y. P. Ghai and J. P. W. B. McAuslan, Public Law and Political Change in Kenya, O.U.P., 1970, chap. X, “The legal profession”, especially 400–406.

page 226 note5 The People, December 20th, 1969, 5.

page 226 note6 Op. cit., December 19th, 1969, “Voice of the People, The Law”, 2.

page 226 note7 Supra, p. 225, n. 8, paras. 11–17 concern the interrelation between the Law Faculty and the Law Development Centre; paras. 18–28 concern the Law Faculty and paras. 29–88 the Law Development Centre.

page 226 note8 Op. cit., para. 89(1), 20.

page 227 note1 Op. cit., para. 21 which refers to paras. 40–48 of the Committee's Report, 35–38. This should be compared with the Makerere University, Faculty of Law, Handbook 1970/71, 29–35.

page 227 note 2 Op. cit., para. 89(13), (18), 21–22.

page 227 note 3 See the Law Development Centre Act, 1970, s.2(L), for the complete functions of the Centre. Also the Annual Report for the Year 1970 of the Uganda Law Development Centre.

page 227 note 4 Advocates Act, cap. 258, s.6(1) (a), (2).

page 227 note 5 Ibid., s.15.

page 227 note 6 Ibid., ss.4A, 4B, 4C.

page 227 note 7 Ibid., s.4A(1).

page 227 note 8 Advocates Act, 1970, s.2(c), (d). The Law Council is based on recommendations in paras. 36 and 46 of the Government’s White Paper, supra, p. 225, n. 8.

page 227 note 9 Ibid., s.2(a), (b).

page 227 note10 Ibid., s.2(e).

page 228 note 1 In para. 46 of the White Paper, supra, p. 225, n. 8, only one member nominated by the Law Society was to be included in the Law Council.

page 228 note 2 Advocates Act, 1970, S.1(1).

page 228 note 3 Advocates Act, cap. 258, s.6(5) (b), (c).

page 228 note 4 Ibid., s.6(1) (b).

page 228 note 5 Advocates Act, 1970, s.7(1). Based on paras. 47–56 and 71 of the White Paper, supra, p. 225, n. 8.

page 228 note 6 Ibid., S.12(1) (b).

page 228 note 7 S.I. 258, First Schedule.

page 229 note 1 The Uganda Law Society, Report of 1970/71 Council, 5.

page 229 note 2 Advocates Act, 1970, s.II.

page 229 note 3 This provision was based on para. 87 of the White Paper, supra, p. 225, n. 8.

page 229 note 4 Discussion with Judge Fuad, the draftsman of the Act.

page 229 note 5 The Advocates (Enrolment and Certificate) Regulations, S.I. 258, 7.

page 229 note 6 Advocates Act, 1970, Schedule 3, Part I, para. I, and Part 3, item 5.

page 229 note 7 Ibid., Schedule 3, Part I, para. I.

page 230 note 1 The Advocates (Enrolment and Certificate) Regulations, S.I. 258, 2.

page 230 note 2 Advocates Act, 1970, s.76 gives the Law Council the authority to adopt regulations to implement the Act.

page 230 note 3 Advocates Act, cap. 258, s. 14. According to the Law Society the Advocates Committee did not meet at all during 1970: Report of 1970/71 Council, 3. The Law Society blamed the Attorney-General for his failure to act on disciplinary matters and to attend meetings of the Committee: The People, February 13th, 1970, 1, 3.

page 230 note 4 Advocates Act, cap. 258, s.15(c).

page 230 note 5 Ibid., s.15(d).

page 230 note 6 Ibid., s.18(1).

page 230 note 7 Ibid., s.18(2).

page 230 note 8 Interview with the Secretary of the Law Society, February 24th, 1971.

page 230 note 9 Uganda Parliamentary Debates (Hansard), Second Series, vol. 101, Debate on Advocates Bill, June 15th, 1970, 8. This statement was by the former Attorney-General. The present Attorney-General, Mr. Nkambo Mugerwa, was the former Solicitor-General.

page 231 note 1 Advocates Act, 1970, s.17(1) (a), (b). This section is based on para. 82 of the White Paper, supra, p. 225, n. 8. The present Disciplinary Committee is composed of Mr. Nkambo Mugerwa, the Attorney-General, Judge Fuad, Director of the Law Development Centre and Mr. Anil V. Clerk, elected by the Law Society to the Council.

page 231 note 2 Advocates Act, 1970, s.19(1), (3). This section is based on paras. 83–85 of the White Paper, supra, p. 225, n. 8.

page 231 note 3 Ibid., s.19(4).

page 231 note 4 Ibid., s.21. Under this section while the appeal is pending, if the Disciplinary Committee has ordered the advocate's name struck from the Roll or suspended, the advocate will not be entitled to practice during the period that has been fixed. This section is based on para. 85 of the White Paper, p. 225, n. 8.

page 231 note 5 Advocates Act, cap. 258, s.18(2).

page 231 note 6 Advocates Act, 1970, s.24.

page 231 note 7 Ibid., s.25(3).

page 231 note 8 Ibid., ss.32–34.

page 231 note 9 Even in capital punishment cases there is no guarantee of having representation. See Mohammed v. R. (1958) E.A. 202, a Tanzanian case, under a very similar law, denied the defendant counsel in a murder case because he owned ten head of cattle. He was convicted.

page 231 note 10 Ord. XXX.

page 231 note 11 The People, February 13th, 1970, 8.

page 232 note 1 Interview with the Secretary of the Law Society, February 24th, 1971. One author has taken the view that in most cases counsel is unnecessary: see Jackson, The Machinery of Justice in England, 5th ed., 1967, 156–157. In a study on the administration of justice in Uganda, just finished by Professor Russell of the University of Toronto, but not yet published, all the civil cases in the small town of Mbarara over a period of three months were examined, and out of several thousand cases filed a laywer was involved throughout all the proceedings in only 86 cases. The side represented by counsel prevailed in 82 of the cases!

page 232 note 2 Law Development Centre Act, 1970, s.2(1) (L).

page 232 note 3 Section 2(e).

page 232 note 4 Ibid., s.76(1)(g).

page 232 note 5 In Tanzania an interesting programme was instituted by the Law Faculty at the various T.A.N.U. centres (the State's political party). According to Professor Y. P. Ghai, who was the head of the programme, so far it is not very successful. (Interview by Professor Russell, March, 1971.) This programme should be studied in detail to find out what went wrong.

page 232 note 6 See East Africa Law and Social Change, W. L. Twining, “Social justice and the law”, 258, at pp. 261–262.

page 232 note 7 Advocates Act, 1970, s.63(2).

page 232 note 8 Discussion with the draftsman of the Act, Judge Fuad.

page 232 note 9 Since the military take-over on January 25th, 1971, all political activities are banned and Parliament has been dissolved. The government has promised elections within five years.

page 233 note 1 See the recent article by P. A. Thomas, “Legal Education in Africa”: special reference to Zambia”, (Spring 1971), N. Ir. L.Q., vol. 22, No. 1. There are now at least forty African law faculties, departments and institutions: see Johnstone, Legal Education in Africa, 1968, p. 2.