The Written Laws (Miscellaneous Amendments) Act, 2021

This section gives the Act its short title and says it starts on a date the Minister appoints by Gazette notice.

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Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Written Laws (Miscellaneous Amendments) Act, 2021
Version: Undated source snapshot
Language: en
Official source: View official record ↗

amendment commencement court language court proceedings land disputes courts statutory repeal translation of laws

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This section gives the Act its short title and says it starts on a date the Minister appoints by Gazette notice. This section says the written laws listed in the Act are amended in the way set out in their respective Parts. This section says the Part must be read together with the Interpretation of Laws Act. Section 84 is amended to require laws of the United Republic to be in Kiswahili, to translate current English laws into Kiswahili, and to let the Minister responsible for legal affairs make regulations on when Kiswahili laws may be translated into English. This provision amends the principal Act by inserting a new section after section 84 titled “Language of courts, etc”.

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Provisions of The Written Laws (Miscellaneous Amendments) Act, 2021

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Part

PART I

1
Short title and commencement
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AI-assisted research summary: This section gives the Act its short title and says it starts on a date the Minister appoints by Gazette notice.

1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2021 and shall come into operation on such date as the Minister may, by Notice published in the Gazette, appoint. Amendment of certain written laws
2
Amendment of certain written laws
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AI-assisted research summary: This section says the written laws listed in the Act are amended in the way set out in their respective Parts.

2. The written laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. Construction Cap. 1 PART II AMENDMENT OF THE INTERPRETATION OF LAWS ACT, (CAP. 1)

Part

PART II

3
Construction
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AI-assisted research summary: This section says the Part must be read together with the Interpretation of Laws Act.

3. This Part shall be read as one with the Interpretation of Laws Act, hereinafter referred to as the “principal Act”. 3 No.1 The Written Laws (Miscellaneous Amendments) Act 2021 Amendment of section 84
4
Amendment of section 84
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AI-assisted research summary: Section 84 is amended to require laws of the United Republic to be in Kiswahili, to translate current English laws into Kiswahili, and to let the Minister responsible for legal affairs make regulations on when Kiswahili laws may be translated into English.

4. The principal Act is amended in section 84, by- a) deleting subsection (1) and substituting for it the following: “(1) The language of laws of the United Republic shall be Kiswahili.”; b) adding immediately after subsection (1) as amended the following: translated shall be the United “(2) Laws of Republic that are currently in the English language into Kiswahili. (3) Without to subsection (1), where circumstances so require, laws enacted in Kiswahili may be translated into English language.”; prejudice c) renumbering subsections (2) to (4) as d) deleting subsections (4) to (6) respectively; and subsections as renumbered and substituting for them the following: (6) (5) “(5) Where a written law is translated and there occurs a conflict or doubt as to the meaning of any word or expression, the language of the enacting version shall take precedence. (6) The Minister responsible for legal affairs may make regulations prescribing circumstances and conditions where a law enacted in Kiswahili may be translated in English.”. Addition of section 84A
5
Addition of section 84A
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AI-assisted research summary: This provision amends the principal Act by inserting a new section after section 84 titled “Language of courts, etc”.

5. The principal Act is amended by adding immediately after section 84 the following: Language of courts, etc
84A
(1) Notwithstanding any other written
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AI-assisted research summary: Courts, tribunals, and similar justice bodies must use Kiswahili, may use English when justice requires, and English proceedings or decisions must be translated and authenticated in Kiswahili.

84A.-(1) Notwithstanding any other written law, the language of courts, tribunals and other bodies charged with the duties of dispensing justice shall be Kiswahili. (2) Without prejudice to subsection (1), courts, tribunals and other bodies charged with a duty of dispensing justice may, where the interests of justice so require, 4 No.1 The Written Laws (Miscellaneous Amendments) Act 2021 use English language in the proceedings and decisions. (3) Where English language is used in the proceedings and decisions, such proceedings and decisions shall be translated and authenticated in Kiswahili language. (4) Where proceedings or a decision is translated in Kiswahili language and there occurs a conflict or doubt as to the meaning of any word or expression, the language which the proceedings or decision was recorded shall take precedence. (5) The Chief Justice may, in consultation with the Minister responsible for legal affairs, make rules for the better carrying out of the provisions of subsections (2), (3) and (4).” Construction Cap.216 PART III AMENDMENT OF THE LAND DISPUTES COURTS ACT, (CAP. 216)

Part

PART III

6
Construction
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AI-assisted research summary: This section says the Part is to be read together with the Land Disputes Courts Act and refers to the repeal of section 32.

6. This Part shall be read as one with the Land Disputes Courts Act, hereinafter referred to as the “principal Act”. Repeal of section 32
7
Repeal of sections 32
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AI-assisted research summary: The principal Act is amended by repealing section 32.

7. The principal Act is amended by repealing section 32. PART IV AMENDMENT OF THE MAGISTRATES’ COURTS ACT, (CAP. 11) Construction Cap.11

Part

PART IV

8
Construction
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AI-assisted research summary: This Part is to be read together with the Magistrate’s Courts Act.

8. This Part shall be read as one with the Magistrate’s Courts Act, hereinafter referred to as the “principal Act”. Repeal of section 13
9
Repeal of section 13
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AI-assisted research summary: This section repeals section 13 of the principal Act.

9. The principal Act is amended by repealing section 13. Passed by the National Assembly on the 13th February, 2021. STEPHEN KAGAIGAI Clerk of the National Assembly 5

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The Written Laws (Miscellaneous Amendments) Act, 2021

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About this statute

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Provisions of The Written Laws (Miscellaneous Amendments) Act, 2021

PART I

PART II

PART III

PART IV

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