Re-structuring of office of Attorney General in Tanzania.

Establishment of the office of Solicitor General with supervisory powers over all civil litigation and arbitration matters.

Conferring independence to the office of the Director of Public Prosecutions with mandate over all criminal cases.

Law Officers and staff in Ministries, independent departments, executive agencies and local government authorities to be Law Officers and State Attorneys under the supervision of the Attorney General.

Preliminary.
On February 13th 2018 the Government published the Office of the Attorney General (Re-structure) Order, 2018 (‘the Order’).  This Order was published in GN No. 48 of 2018. The order came to restructure A.G office intended to strengthen capacity to efficiently discharge duties under the office of the A.G, D.P.P, Solicitor General and Law Officers in Ministries, independent Government departments, agencies and Local Government Authorities(L.G.As). Prior to this restructure, all civil and criminal litigations were placed under direct control of the Attorney General. 

A newly introduced office of the Solicitor General is established as a result of the restructuring. The office of Solicitor General is charged with supervision of civil litigation and arbitration proceedings. It is important to understand that all legal officers employed in public service are designated to be Law Officers and State Attorneys in their respective institutions.

Changes made as result of Restructuring.
The following are changes made resulting from the Order:

1. Splitting off civil litigation and arbitration proceedings from the Office of the Attorney General.
2. Placing civil litigation and arbitration proceedings under direct control of the Solicitor General. This is new establishment arising from the Restructuring Order.
3. All criminal matters are under the supervision of the office of the Director of Public Prosecutions.
4. Non-litigant matters relating to the Constitution and human rights are under the direct superintendent of the Minister responsible for Constitutional and Legal Affairs.
5. All legal officers appointed or employed in the Ministries, independent Government departments, agencies and Local Government Authorities are designated to be Law Officers and State Attorneys under the supervision of the Attorney General.

 
Functions of the Attorney General after Restructuring.

Clause 4 of the Order cames with functions of the office of the Attorney General after restructuring. Those powers are provision of legal advisory services, legislative drafting, contracts and treaties and general supervision of Law Officers, State Attorneys and other staff in the office of the Attorney General, Ministries, independent Government departments, executive agencies and Local Government Authorities.

In contrast, this has removed the powers such as civil litigation, arbitration and criminal proceedings which were originally placed to the Attorney General. On the other side, the Attorney General has been granted new supervisory powers over Law Officers in Ministries, independent Government departments, executive agencies and Local Government Authorities.

Conclusion
The restructuring intended to attain the objectives stated under Clause 3 of the Order. It is expected to improve efficiency and strengthening capacity of the office of the Attorney General, Solicitor General, Director of Public Prosecutions and Law Officers working in public service. However, there are critiques from the majority of the public that the Order has usurped the powers of the Attorney General over the Director of Public Prosecution. It is viewed that the Order places the two on the same level. This is considered as interference with legislative powers which placed supervisory role to the Attorney General over the Director of Public Prosecutions.

On the other hand, the restructuring will ensure that that the Government obtains best legal services ranging from advisory, drafting, litigation and arbitration.