Prof. Ben TwinomugishaSchool of Law, Makerere University

5 February 2014

Outline of PresentationIntroductionBrief comment on the East African Community

(EAC)Nature (state?) of legal education and training in

EACChallenges of legal education and training in EACWhy harmonization?Attempts at harmonizationConclusion

State of LET in EACHistory of legal education and training in EACLegal systems in EAC; accreditationUniversity legal education and training Post-university legal education and training Continuing legal education (CLE)Judicial (education) and trainingLiberalization (commercialization?) of university

legal education and trainingShould post-university legal education be

liberalized?

ChallengesLooking back: pre-university educationLiberalization/marketization/commodification

of legal education and trainingSimilar challenges in EAC with regard to

effect of liberalization on qualityNumbers, infrastructure, resources and

materials, quality of faculty etcLegal systems, language; Differences in

admission criteria, curricula, examinations

Why harmonization?Harmonization v. uniformity; minimum

standards; no disruption but enhance national programmes

Dictates of the law: article 26 of the EAC treaty: (1)Partner states to harmonize their legal training(2)Establish a common syllabus for the training of

lawyers and common standards to be attained in examinations in order to qualify and to be licensed to practice as an advocate

Establish synchronized legal education systems as a strategy for enhancing capacity to meet emerging needs

Why harmonization? CtdFacilitate mobility of students and facultyTool for improvement of quality of law

graduates entering the professional fieldNeed to produce highly qualified students

and facultyInstituting a greater sense of professionalismStronger foundation in doctrine, concepts

and principles Development of deeper policy analysis skills

Why harmonization Ctd

Development of strong writing skillsDevelopment of strong advocacy skillsDevelopment of a strong ethics senseImparting students with theoretical and

technical skills and also enable them to understand the law within its social, economic, political and cultural perspectives.

Cross-border legal practice

Attempts at harmonization

Study on harmonization of the East African education systems; focusing on primary, vocational and secondary schools

EAC regional study with a view to harmonize legal training curricula and the legal and regulatory framework governing legal training and practice within the community

Harmonization: Admission Standards

Law schools: common written entrance examination

Post university law training institutions: common written mini-bar examination

Admission to the bar: common written bar examination

Harmonization: CurriculumCore subjects: to be studied by all LL.B

studentsElectivesMulti-disciplinary coursesStudent centred; problem-based learningSeminars; internshipClinical/practical work at universityPractical training at post universityProgressive implementationBear in mind challenges: the resource envelope

Conclusion

Harmonization is a legal requirement; Harmonization critical for legal professionalism

Student centred, problem based learning; imparting of practical skills

Challenges exist but are surmountable