Establishment

The Government of the United Republic of Tanzania has through the Office of the Attorney General ( Re-structure) Order, 2018 ( Government Notice No. 48 of 2018) restructured the Office of the Attorney General ( OAG) for purposes of assuming mandates stipulated under Article 59 of the Constitution.

The objectives for the restructure are to:-

i. Enhance and strengthen capacity for efficiency in drafting of legislative instruments and draft resolutions of debate by the National Assembly;

ii. Enhance and strengthen ability and capacity of the Government in dealing with matters instituted or filed in courts of law or arbitral tribunals;

iii. Enhance efficiency and strengthen capacity to deliver advice to Ministries, independent departments, Agencies and the local government on legislative process ; and

iv. Enhance and strengthen the Government capacity in the negotiation of agreements of commercial or political nature both local or international in which the Government is a party or has interest.

On the other hand, the restructure of the organisation of the Office of the Attorney General aims at enhancing and strengthening the role mandate and capacity of institutions charged with representing the Central Government, independent departments, agencies and local government authorities in courts of law, arbitral tribunals in any suit or case of ordinary civil, human rights or constitutional nature to which the central Government, independent departments, agencies or local government authority is a party o has interest.

The revised organizational structure therefore aims at reflecting on, and addressing new challenges by clearly re-defining duties and responsibilities of the Divisions, Sections and Units within the Office of the Attorney General.

ordinary According to the Office of the Attorney General (Discharge of Duties) Act, 2005 and the Government Notice No. 48 of February 2018, duties of the Attorney General’s Chambers are as follows:-

i. Advice Ministries, Independent Departments, Agencies and other Government institution and organization on or legislative process and legal opinion on general issues;

ii. Draft legislative proposals into Bills for enactment into law;

iii. Draft all legislative instruments and resolutions for ratification by the National Assembly;

iv. Advise on proper and purposeful meaning of enactment of Parliament, subsidiary legislation and other legal instruments;

v. Advise the Government on any matter of a contract nature including international agreements and treaties to which the United Republic or the Government is a party or has interest;

vi. Advise and maintain a link with the office of the Solicitor-General and the National Prosecutions Services for better and effective way of dealing with any matter instituted in courts of law and tribunals;

vii. Receive and advise on reports from the Solicitor-General and the Director of Public Prosecutions for further advise to the Government, the National Assembly and the Judiciary;

viii.Carry out the general supervision of Law Officers, State Attorneys and other staff appointed or employed in the Office of the Attorney General Ministries, independent departments, executive agencies and local government authorities;

ix. Administer legal functions performed by Law Officers, State Attorneys and other staff of the Office of the Attorney General;

xii.Summon any public officer to give explanation, or information regarding any matter which is the subject of advice;

xiii. Prepare and submit bi-annual report to the Minister;

xiv. Appoint or employ and discipline Law Officers, State Attorneys and other staff of the Office of the Attorney General; and Perform any function as may be necessary for effective discharge of the duties and the exercise of the powers of the Attorney General.

Further to those roles and functions, the Attorney General’s Chambers duties are governed mainly by the following principal laws among-st others;

i. The Office of the Attorney General (Discharge of Duties) Act, Cap. 268

ii. The Government Proceedings Act, 1967;

iii. The National Prosecutions Service Act, 2008;

v. The Basic Rights and Duties Enforcement Act, 1994.