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.