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Tanzania's Appellate Court allows govt to challenge Karume’s reinstatement
Fatma Karume
What you need to know:
- Ms Karume, a former president of the Tanganyika Law Society and daughter of former Zanzibar President Amani Abeid Karume, was suspended in 2019 over remarks she made while representing ACT-Wazalendo Secretary General Ado Shaibu in a constitutional petition
Dar es Salaam. The government has secured the Court of Appeal’s permission to challenge a decision that reinstated prominent advocate Fatma Karume to legal practice in the Tanzanian Mainland.
The ruling, delivered on April 15, 2025, by Justice Lilian Mashaka, gives the government 60 days—counting from the date of the decision—to file its appeal.
This development follows an application jointly lodged by the Attorney General and the Advocates’ Committee. The application sought leave to appeal against a 2021 High Court decision which quashed the committee’s decision to remove Ms Karume from the Roll of Advocates.
The Advocates’ Committee had earlier found Ms Karume guilty of professional misconduct, prompting her removal from the register in September 2020.
The government’s first attempt to obtain leave from the High Court was dismissed in December 2021, leading to a renewed application before the Court of Appeal.
Justice Mashaka, sitting in Dar es Salaam, granted the application under Rules 10, 4(2)(b) and (c), and 48(1) of the Court of Appeal Rules, 2009.
In her ruling, she noted that the delay in filing the appeal was justified, as the law requires parties to first obtain leave before appealing—an obligation complicated by procedural amendments introduced in recent years.
One of the principal grounds raised by the government was the alleged misinterpretation by the High Court of certain legal provisions, including Section 13(1)(a), (b), and (c) of the Advocates Act [Cap. 341 R.E. 2019], and Regulation 4(1)(a) and (e) of the Advocates (Professional Conduct and Etiquette) Regulations, GN No. 120 of 2018.
“The government filed this application on April 3, 2024, just nine days after the earlier one was struck out,” said Justice Mashaka. “It is a well-established principle that, where legality is in question, that alone may constitute sufficient ground for an extension of time.”
The court found merit in the reasons presented and granted leave accordingly.
The application was supported by affidavits sworn by State Counsel Erigh Rumisha and supplemented by Principal State Attorney Deodatus Nyoni. Ms Karume was represented by advocate Peter Kibatala, while State Attorneys Rumisha and Neema Sarakikya appeared for the government. Dr Rugemeleza Nshala also represented Ms Karume.
Background
Ms Karume, a former president of the Tanganyika Law Society and daughter of former Zanzibar President Amani Abeid Karume, was suspended in 2019 over remarks she made while representing ACT-Wazalendo Secretary General Ado Shaibu in a constitutional petition.
The petition had challenged the appointment of then-Attorney General Prof Adelardus Kilangi.
The Attorney General’s office subsequently lodged a complaint with the Advocates’ Committee, which led to her disbarment.
However, in 2021, a panel of three High Court judges overturned the decision, citing irregularities in the disciplinary process—chief among them the fact that the complaint had been brought by the Attorney General instead of the Registrar of the High Court, as required under the law.
With leave now granted, the government’s appeal can proceed to a full hearing before the Court of Appeal.
