121. The African Commission has elaborated on the question of legal assistance in the ‘Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa’ which it adopted in 2003. The guidelines state that an accused person or a party to a civil case has a right to have free legal assistance, where the interest of justice so require or if he is indigent. The guidelines state that, in criminal matters, whether assistance in the an accused interests should of justice be provided is to be free determined legal by the seriousness of the offence and the severity of the sentence. The Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa goes further to require that legal aid programmes should include all stages of the criminal process from investigation to appeals and all proceedings brought to ensure the protection of human rights.24 The Court notes that the Guidelines and Declaration are in line with the jurisorudence elaborated. 122. In addition, the situation in the United Republic of Tanzania is that the law governing the provision of legal aid is the Legal Aid (Criminal Act, Proceedings) 1969. Section 3 thereof requires an officer presiding over judicial proceedings to determine if an accused person should, in the interests 24 This Declaration was adopted of justice, get legal aid in the by the Conference on Legal Aid in Criminal Justice: the Role of Lawyers and Other Service providers in Africa held in Lilongwe from 22 to 24 November 2004. The declaration has been endorsed by the African Commission on Human and People’s Rights vide its Declaration on the Adoption of the Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System adopted during the Commission's 40th Ordinary Session, held in Banjul, The Gambia, from 15 - 29 November 2006. \ Aa 47 2 XM WU & s&h