ARBITRARY SUSPENSION OF OUR TLS MEMBER – SENIOR COUNSEL MPALE MPOKI


On 20th November 2023 at around 20HRS EAT, Tanganyika Law Society (TLS) with
deep sorrow and unbelief received the shocking information of the arbitrary
suspension of its member Senior Counsel, Mpale Mpoki from practicing for six
months. It must be noted that the two senior counsels, Mpale Mpoki and Dr.
Rugemeleza Nshala pursuant to section 4(d) of the Tanganyika Law Society Act,
Cap 307 were appointed on 13th November 2023 by the TLS Governing Council
to represent Adv. Boniface Anyisile Kajunjumele Mwabukusi in his case before the Advocates Committee on 20th November 2023.


The Governing Council is following up this matter very diligently, closely and
professionally. Today, 21st November, 2023, the Council convened an emergency
extraordinary meeting to officially obtain a feedback report from Mr. Mpoki. He
has informed the Governing Council that, during the hearing of Mwabukusi Case
before the Advocate Committee on 20th November 2023, he raised points of
preliminary objection.

Initially the Chairperson did not want to proceed with hearing of the objections as he warned them that he does not entertain
objections at all. Luckily the Submissions on objections, replies thereunto and
rejoinders were made for several hours. The ruling was made ‘expeditiously’ within
less than twenty minutes. Three points of objection were overruled but the rest
were partly upheld by the committee.

Mr. Mpoki was instructed by his Client to
inform the Committee that he intended to appeal against the said ruling pursuant
to section 24A to the High Court. Mr. Mpoki informed the Chairperson of the
Committee about that appeal proposal.

That is when the Chairperson accused
Mr. Mpoki for having committed a professional misconduct. There were no
consultations made to the other members of the Advocates Committee, nor was
there any resolution whatsoever that Mr Mpoki should be suspended. He was not
even given right to be heard and further there is no provision which mandates a
Chair of the Committee to Suspend an Advocate representing a party to the
committee hearings.

Mr. Mpoki stated that the Chairperson of the Committee made a ‘unilateral’ ruling of suspending him from practice for six months as from 20th November 2023, Besides, he also reprimanded Dr. Nshala on allegations of smiling/laughing during the Committee sitting. Eventually the rest of advocates (6 of them) decided to withdraw their representation of Mr. Mwabukusi, having being dissatisfied by the attitude of the said Chairperson. Mr. Mpoki also informed
the TLS Governing Council that from the beginning, the environment was very
hostile to them. At the court entrance there were security officers who performed
a targeted inspection of the advocates representing their client Adv. Boniface
Anyisile Kajunjumele Mwabukusi [‘as if were suspicious terrible criminals’] while the
rest of parties includingthe State Attorneys left uninspected.