FACTS OF LEGAL SERVICES FACILITY

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Some historical facts of the LSF
Fact of paralegal practice 1
Facts on grant making
Facts on disputes, grievances reported to paralegals
Facts on districts in which LSF funds basic legal services
Fact of paralegal practice 2

Some Historical facts of the LSF
The LSF is a basket fund for the enhancement of legal aid in Tanzania, which provides grants on an equal opportunity basis to legal aid providers, with a particular emphasis on legal empowerment and the protection of women’s rights.

Initiated: by DANIDA in 2011 which availed US $ 10 million for 2012-2015.
Operational: as from April 2012.
Joined: by DFID in January 2014 for the period 2014-2016 with US $ 3.25 million.

Since October 2013 the LSF has been incorporated as a non-profit Company Limited by Guarantee without share capital, Certificate nbr.103328.

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Fact of paralegal practice 1

 
Paralegals
Provide
Everyday
Justice
For
Everyday
Problems
 
 
 
 
 
       


My name is Honoratta Duttilo. I am married to a 60 year old man who is an engineer at Mzinga Military Camp in Kilombero District.

I am Christian and my husband is Muslim and therefore we agreed to have a civil and monogamous marriage that is one man and one woman. We married in 1989, have four children and both of us enjoyed family life.

However a few years ago problems came into our marriage. My husband started coming home very late every day, stopped liking me and the children. He refused to pay school fees and left no money for food. He started beating and insulting me, shaming me in front of the neighbours. He had found another woman.



I am a house wife and without money I got into serious problems. I went to the ten cell leader, local authorities and the social welfare office, but they did not help me. I decided to carry bricks in order to pay Shs 30,000 school fees.

Surprisingly, my husband became furious, saying that I was shaming him, but he still refused to give me any money.

Then I heard on the radio about the Morogoro Paralegal Centre. I went there and they listened to me. They also called my husband and after long discussions he was convinced to give me Shs 100,000 per month for the family. This is going well now for 6 months. I am happy to be able to support my family again.


 


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Facts on grant making
The approach of the LSF in the present stage of the program is, that through implementing partners (grantees) in each district a paralegal unit is created of at least 25 members, who are volunteers, functioning in the district head quarters and in several wards and who are trained following the national paralegal training program developed, updated and quality assured by the Tanganyika Law Society (TLS). The TLS also trains trainers of paralegals.

Compared to the end of 2013 the number of grantees increased in the period January to June 2014 with 24% (38 to 47), while the number of grants increased with 45% (40 to 58). This implies that a number of grantees have received an additional grant.

The total grant amount committed increased with 38% from US $ 6.4 to US $ 8.9 million by end of June 2014

By end of June 2014 as compared to end of 2013 the number of districts covered with basic legal services went from 110 to 144, an increase of 31%.

An analysis can be made based on the data given in the table below:

Table 1


The trend established in 2013, which indicated a gradual decrease of the proportion of the basket fund committed to Dar es Salaam based organizations, continued in 2014. By the end of 2013 grants allocated to Dar based organizations were 13 or 34% of the total number of grants. Through these grants 49% of the total grant amount was committed. By the end of June 2014 a total of 17 grants were allocated to Dar based organizations, or 29% of the total number of grants, through which 40% of the total grant amount was allocated.

The trend is clear. The share of Dar based grantees of the overall grant amount commited is going down. An increased number of grants, from 22 to 37, are allocated to up-country organizations who gradually take a larger share, 43% to 53%, of the total outstanding grant commitment. The LSF considers this development positive with a view to the decentralization of legal services and the sustainability and cost effectiveness of legal services provision in the regions and districts of the country.


Mbeya Paralegal Unit (MBEPAU) and Iringa Paralegal Centre (IPACE) working in the LSF office to fine tune their grant proposal


The number of grants to Zanzibar based organizations increased from 3 by the end of 2013 to 4 by the end of June 2014. The share of the total grant amount committed to Zanzibar showed a slight decrease from 8 to 7% in the first 6 months of 2014. The relative weakness of Zanzibar organizations and thus the low quality of their proposals remains to be a problem as well as the limited number of organizations on the isles with a background in legal aid provision.

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Facts on disputes, grievances reported to Paralegals
By the end of June 2014 the LSF was funding through 47 implementing partners the setting up or strengthening of paralegal units in 144 districts of Tanzania, including Zanzibar. A paralegal cadre of a bit above 3,000 volunteers was at that date in different stages of the paralegal training, and increasingly operational.

Table 2


Table 2. above indicates that the first recruited paralegals, who became operational as from July 2013, dealt in their first 6 months of being operational with around 10,000 cases. In the first 6 months of 2014 they added 15,000 cases to this number, an increase of 50% as compared to the second half of 2013, reaching more than 25,000 clients in their first operational year. The expected number of cases for the full year 2014 is close to 40,000. The figures are a combination of quarterly partner reports and figures from the web based monitoring system that the LSF developed and have no double counts.

The number of paralegals increased from around 2,500 by the end of 2013 to 3,000 plus by the end of June or by 20%. With an increase of caseload of 50% this suggests that this can be explained in part by a larger number of paralegals, but in particular by paralegals starting to function better.

From the table above it can also be deducted that in 2013 according to the web based system 56% of the cases were reported by women. In the first 6 months of 2014 this remained fairly stable with 55% of the cases reported by women.

Table 3

Table 3. above suggests that there is an increase in the number of cases resolved by paralegals as compared to the last 6 months of 2013. This is no surprise since paralegals are getting more experienced and have gone through more modules of the training. The number of referred cases remains to be constant.

The gender distribution, although not provided in the above table, of resolved cases is 50 / 50. So apparently gender of the client does not have an effect on the effectiveness or preparedness of paralegals to resolve a case.


Paralegal Forum Dodoma,December 2013


Of the 9% referred cases about 42% are reported by men and 58% by women. The reasons why cases reported by men are apparently less frequently referred than cases reported by women are not fully clear and cannot be easily deducted from the presently available data.

In Table 4. below a proportionate distribution of cases (issues that clients report to paralegals) is presented. In the comparison between the last half of 2013 and the first of 2014 there are small differences but overall the pattern is about the same.

Women report more child maintenance, GBV, more inheritance and matrimonial cases than men, while men report more criminal, labor and land cases.

Table 4

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Facts on districts in which the LSF funds basic legal services
Figure below provides the status as per 30 June 2014.


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Fact of paralegal practice 2
Figure below provides the status as per 30 June 2014.

   
 


A widow, Maria John (right), discussing her plight with Catherine an official of the TWCWC legal aid clinic based in Temeke, Dar es Salaam

Paralegals and Legal Aid Lawyers
Provide Everyday Justice
For Everyday Problems
 
 
 
 
 
 
My name is Maria John. I am 50 years old and I married in 1991. In 2000 unfortunately my husband died.
 
The relatives of my husband immediately entered my house and forced me out.
 
I filed a civil case and after a long wait, in July 2008 the magistrate of Temeke Primary Court gave the verdict and I was given the right to stand as administrator of the small estate that my husband left.
 
However, the relatives of my husband immediately and without informing me filed a similar case at Magomeni Primary Court and there they won. They came with a letter from the court requiring me to get out of the house and leave the property.
 
I went to the same Magomeni Court and produced documents that the case had earlier been decided at Temeke Primary Court. Magomeni Court then cancelled their ruling in favor of my in-laws.
 
Then the relatives of my husband went again to Temeke Primary Court and filed an appeal against the earlier ruling.
 
I wondered what to do and how I could get out of these complicated legal issues. I had no money. Then somebody advised me to go to the TWCWC legal aid clinic in Temeke.
 
The legal aid clinic helped me for free until I won the case. I am so grateful to the paralegals and legal officers, who helped me. Finally after 12 years I am at peace again.
 
 

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