Wearing advocates attire

I recently saw photographs and videos online showing people wearing the black gown, bibs and wig normally associated with advocates’ Court professional attire. This has made me wonder whether it is legal for anyone to wear an advocate’s Court attire, even if they are not practicing advocates. Does Tanzanian law prohibit this in the same way that it prohibits civilians from wearing military uniforms?

PM, Dar es Salaam

Your question has become the subject of public discussion in recent days. Unlike military uniforms, we are not aware of a specific law in Tanzania that generally prohibits a person from wearing an advocate’s Court attire. However, the legal position depends on the purpose for which the attire is worn and the impression created by its use. In Tanzania, the legal profession is governed by the Advocates Act, Cap. 341 [R.E. 2023]. Only a person who has been duly admitted and enrolled as an advocate is entitled to practice law as an advocate. Accordingly, while the law does not expressly prohibit the mere wearing of an advocate’s gown, bibs or wig, it does prohibit a person from falsely holding himself or herself out as an advocate or performing acts reserved for qualified advocates.

For example, if a person wears Court attire for a theatrical performance, educational demonstration, graduation ceremony or another legitimate purpose without representing himself or herself as an advocate, that would generally be different from wearing such attire while pretending to be entitled to practice law or appearing before a Court as an advocate. In the latter case, the conduct may amount to an offence or give rise to other legal consequences under the Advocates Act and other applicable laws.

Therefore, the mere act of wearing an advocate’s Court attire is not, by itself, prohibited by law. What the law seeks to prevent is the unauthorized practice of law or any conduct that misleads the public into believing that a person is qualified and entitled to act as an advocate when they are not.

Clan elders ordered whipping

I am a young man living in Simiyu. Our clan usually holds a meeting at the end of every year. During a meeting held in December 2025, one of the clan members complained to the clan elders that her 27-year-old son was disrespectful to her and often used abusive language whenever they disagreed. She also said that he was lazy because he refused to engage in any income-generating activities despite being physically and mentally fit. She asked the elders to teach him a lesson. The elders then ordered that the young man be severely whipped as punishment and as a warning to other young people in the clan. Was this action lawful? What does the law say?

JL, Simiyu

Your question raises an important issue regarding the limits of traditional authority and the administration of punishment. In Tanzania, offences and punishment thereof are generally governed by the Penal Code, Cap. 16 [R.E. 2023] (the Penal Code) and other laws that specifically create offences and their corresponding punishments. Although clan elders may play an important role in resolving disputes and promoting harmony within communities, they do not have legal authority to impose corporal punishment on adults. Under the Penal Code, the unlawful application of force against another person may amount to an assault, which is an offence. Accordingly, causing a person to be whipped or physically assaulted simply because he is considered disrespectful or lazy is not recognized as a lawful form of discipline.

Further, the Corporal Punishment Act, Cap. 17 [R.E. 2023] addresses the circumstances under which corporal punishment may be imposed. Generally, corporal punishment may only be ordered by a competent Court in cases authorized by law. Private individuals, including family members, clan elders or community leaders, have no legal authority to administer corporal punishment to an adult. Therefore, based on the facts you have provided, the decision by the clan elders to order the whipping of the young man is unlikely to be legally justified. Where a person has been assaulted in such circumstances, the matter may be reported to the police or other competent authorities for appropriate action. You may also consult your lawyer for further advice.

Failure to pay tithe

I am a Christian living in Dar es Salaam. Earlier this year, I started attending a church near my home. On the following Sunday, I was told that I had to pay tithe (famously known as fungu la kumi) based on my monthly income. Since I did not have money at the time, I was unable to pay. I was then asked to leave the church premises and was told not to return unless I paid the required tithe. Is it lawful for a church to prevent someone from attending worship simply because they have not paid tithe?

BM, Dar es Salaam

Freedom of religion in Tanzania is protected by the Constitution of the United Republic of Tanzania. Article 19 guarantees every person the freedom of conscience, faith and choice in matters of religion, including the freedom to practice and manifest one’s religion. At the same time, religious organizations generally enjoy the freedom to regulate their internal affairs, including matters relating to membership, governance and religious practices, provided that they act within the law.

Whether a church may restrict a person’s participation or membership will, therefore, depend on its governing rules and the circumstances of a particular case.

If a church is open to the public for purposes of worship, preventing a person from attending solely because they have not paid tithe may raise questions regarding the exercise of constitutional rights, particularly where the restriction is arbitrary or discriminatory. However, each case will depend on its own facts, the church’s constitution or governing documents and the reasons for the decision. In this regard, if you believe that your rights have been unfairly infringed, you may first seek clarification from the church leadership. Depending on the circumstances, you may also seek further legal advice from your lawyer on the available remedies under the law.