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Wednesday, 7 February 2018

NEW ATTORNEY GENERAL PROMISES DILIGENCE


. . . Legal experts hold Kilangi, Ngwembe in high regard. The newly appointed Attorney General (AG), Dr Adelardus Kilangi and his Deputy, Mr Paul Ngwembe, have promised to observe highest level of diligence in ensuring that justice in the legal sector is perceived.

Dr Kilangi was appointed by President John Magufuli on Thursday evening last week. “It is an honour to be trusted and let me assure that I will deliver to the highest level, to ensure that the legal sector is improved by dealing with challenges that arise,” he said.

The Deputy Attorney General (DAG), Mr Paul Ngwembe, said he will offer full support to the AG and his workmates since he is a believer in hard work, commitment and team work to come up with means in dealing with legal sector challenges. Mr Ngwembe said he will work closely with the AG so that they groom the needed legal experts, who together will come up with alternative means in addressing public needs and loopholes in the legal sector. Moreover, Dr Magufuli has won hearts of many Tanzanians, particularly in the legal profession after appointing Dr Kilangi and Mr Ngwembe.

According to a statement issued by the Director of Presidential Communications (DPC), Gerson Msigwa in Dar es Salaam on Thursday last week, Dr Kilangi replaces Mr George Masaju, while Mr Ngwembe takes over from Gerson Mdemu. The two were moved to the Judiciary as High Court judges. In separate interviews with ‘the Daily News on Saturday,’ several lawyers described the two appointees as excellent, efficient and capable persons to occupy the posts.

They further said that the two gentlemen are principled and “no-nonsense guys.” “This is the right choice the President has made. I know them (appointees) very well. One of them was my classmate at university level. They are both very efficient and committed. I know they will manage the positions,” Dr Onesmo Kyauke said. Expounding further on his reactions, Dr Kyauke knows Dr Kilangi very well who has specialised in oil and gas law.

He said that his appointment as AG has come at the right time as the country is trying to protect these unique resources. “One of the problems we are facing is that we lost a lot of money in the oil and gas sector. There is no contract that can be signed without the AG. So, Dr Kilangi will play an important role on this matter to ensure the country benefits from this sector,” he said. According to him, it was normal for a human being to change especially when one is corrupted with power and money. “But for Dr Kilangi whom I have known since we were at university is principled and is a man of integrity.

It is, therefore, unlikely that he will change,” Dr Kyauke pointed out. Prof Costa Rick Mahalu described the new AG as real excellent lawyer, who is good not only in public international law, but also in all legal issues in the domestic law. He also explained that Dr Kilangi is a wizard in oil and gas laws.

“Therefore, as a very committed lawyer, definitely he will advise the President accordingly in these areas. He is quite good and efficient. He will make a very huge impact as AG,” Prof Mahalu said. Some of the advocates expressed their worry that Dr Kilangi, who is an academician and not groomed from the AG’s Chamber might face some difficulties to handle the office. However, Prof Mahalu allayed such fears, saying the new AG was not a slow learner.

A seasoned Advocate Alex Mgongolwa encoded almost similar sentiments, but was quick to point out that both Dr Kilangi and Mr Ngwembe are hardworking persons, focused and result oriented. For Dr Kilangi, he said, he is a good leader and has coordination power. Other lawyers who did not want their names revealed described Dr Kilangi as pro-state and when speaking he would advance what he considers to be public interest.

They said that the new AG understands the challenges facing the administration of justice and public interest considerations. The advocates advised him, therefore, to put public interests ahead and avoid politics. “As AG, Dr Kilangi will be a Member of Parliament (MP).

He should avoid politics by acting as a neutral party and advise the government accordingly on legal matters when he is in Parliament,” one of them said. For Mr Ngwembe, another lawyer described him as competent person to occupy the post considering the fact that he has been groomed from the legal field and rose to the Principal State Attorney within the General’s Chambers.

“We have a lot of expectations from him. His appointment is excellent. I know him very well. When he is in prosecution process, the opponent needs to be prepared,” he said. Apart from Oil and Mineral laws, Dr Kilangi is an expert in International Law as well. He has served as Chairperson of African Union Commission on International Law from 2009 to 2015.

His role was to advise African Heads of State and organs of African Union on International Law. He also served as an advisor to the United Nations Economic Commission for Africa on mineral laws. During his tenure, he drafted a new mineral law for Lesotho. “He also served as Chairman - East Africa Constitutional Development Centre. Given his experience on International law, Regional Integration law, Mineral, Gas and Petroleum Law and Constitutional law, he will make a great AG,” one of the lawyers said. Dr Kilangi becomes the ninth AG of Tanzania.

The first AG was Roland Brown who occupied the office between 1964 and 1965. He was followed by Mark Bomani between 1965 and 1976. Then Joseph Warioba took over between 1976 and 1985. Judge Warioba was succeeded by Justice Damian Lubuva between 1985 and 1993. Then the office was occupied by Andrew Chenge between 1993 and 2005. He was replaced by Johnson Mwanyika who served between 2005 and 2009.

Judge Frederick Werema then took over as AG from 2009 to 2014; he was later replaced by George Masaju who served the office between 2015 and 2018. Before his appointment, Dr Kilangi was the Director of St. Augustine University of Tanzania, Arusha Centre, where he was also a senior lecturer in international law, legal theory and minerals and petroleum law. Prior to this he served as the Director of the Centre for Mineral and Petroleum Law and before that as the Dean of the School of Law, at St. Augustine University of Tanzania (SAUT) in Mwanza. He previously taught law at Ruaha University College in Tanzania, Tumaini University - Dar es Salaam College in Tanzania and the Open University of Tanzania (OUT). He has also served as a member of the African Union (AU) Commission on International Law and was later elected president of the same.

Dr Kilangi has worked with several civil society and diplomatic entities, including serving as: Country Programme Manager for the Southern African AIDS Trust in Tanzania; Programme Officer for DANIDA in Tanzania and Legal Advisor to the Danish Embassy in Tanzania. He also worked as Programme Officer to the Environmental, Human Rights Care and Gender Organisation in Tanzania and Legal Advisor with the Resource Mobilisation Unit of the University of Dar es Salaam (UDSM) in Tanzania and senior legal advisor to the African Minerals Development Centre.

The new AG also served in the Board of Eastern Africa Constitutional Development Centre. He was Chairperson of the Board for the Tanzania Petroleum Upstream Regulatory Authority (PURA).

Dr Kilangi is an Advocate of the High Court of Tanzania, Notary Public and Commissioner for Oaths; as well as a member of the East African Law Society (EALS), the Pan African Lawyers Union, the Tanganyika Law Society (TLS, an OSIEA grantee) and the International Law Association (ILA).

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