The Written Laws (Miscellaneous Amendments) Act, 2006

1. This Act may be cited as the Written Laws (Miscellaneous short title Amendments) Act, 2006. PART II A m e n d m e n t o f C er ta in W r jtt e n L aw s

2. The various laws set forth in the First and Second Columns to this Amend- Act are hereby amended in the manner specified in the Third Column. 1 witten laws F ir st C o l u m n S e c o n d C o l u m n Cap- 16 Xhe penaj Code SCHEDULE T h ir d C o l u m n The Act is am ended b y adding immediately after section 171 the following sections: K> “Prohibi­ tion o f p y ram id and other s i mi l a r schemes 171A -(1) A person who conducts or manages the pyramid schem e commits an offence. (2) Hi A “pyram id scheme” means an operation or 3 contrivance w hereby a person: (a) h o ld s out a prom ise to another person or persons diat upon - (i) the payment o f a specific sum o f money; (ii) giving a certain am ount o f valuable security; o r (iii) obliging another person or persons to pay the specific am ount o f money or to g iv e a c e rta in a m o u n t o f valu able security, that person shall becom e entitled to receive a sum o f money o r an am ount o f valuable s e c u r ity w hich, g iv e n a ll co m m e rcial considerations, is g reater than the money or valuable security given or a return on the investm ent of the m on ey or valuable security so given; (b) m akes any payment to o r fo r the benefit o f the prom oter or to any o f th e promoters, or for the benefit ofa p a rtic ip a n t in the scheme. 3 C o 5 o s: 3 si r ft a K> O o ON F i r s t C o l u m n S e c o n d C o l u m n SCHEDULE T h ir d C o l u m n (3) A person who contravenes subsection (1), shall upon conviction be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years. (4) This section shall apply to any o f such scheme whereby - (a) the prospect is held out to participants in the schem e receiving payments or other benefit in respect o f any o f the following - (i) the introduction by any person or other person who becomes participants in the scheme; (ii) the continued participation by participants in the scheme; (iii) the promotion, transfer or other change o f status o f participants in the scheme; (iv) the supply o f goods or services by any person to or for other persons; (v) the acquisition o f goods or services by any person; (b) goods or services or both, are to be - (i) provided by the person prom oting the schem e or, in the case o f a schem e prom oted by two or more persons acting in concert, by one or m ore o f those persons; N o . 8 W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ _ _ _ 2 0 0 6 F ir s t C o l u m n S e c o n d C o l u m n T h ir d C o l u m n SCHEDULE (ii) provided to or for other persons under a transaction effected by the participant, whether in the capacity as an agent o f the prom oter or one o f the promoters or in any other capacity; (iii) used for the purpose o f any supply o f goods or services to or for other persons under the scheme; (iv) supplied by the prom oter or any o f the promoters to or for persons introduced to him or any o f the other promoters (or an employee or agent o f his or theirs) by participants. (5) For the purpose o f subsection (2), a prospect shall be deemed to have been held out to a participant whether it is held out so as to confer on that participant a legally enforceable right or not. (6) This section shall not apply to any scheme - (a) under which the prom oter or any o f the * promoters or participants is to carry on or is purported to carry on investment b u sin e ss in the U n ited R epub lic in accordance with any written law; or N o . 8 W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ _ _ _ _ 2 0 0 6 F ir s t C o l u m n S e c o n d C o l u m n SCHEDULE T h ir d C o l u m n (b) which otherwise falls within a description o f exempted scheme. (7) The M inister may, by order published in the Gazette, exempt any scheme o f a kind specified in the order, from the operation o f this section. P r o h ib itio n against inducement 171 B.-{ 1) Any person who induces or attempts to induce any person to - (a) make any paym ent to or for the benefit o f the prom oter or any o f the promoters or, to or for the benefit o f any participant in a scheme; or (b) become a participant and to make any payment to or for the benefit o f the prom oter or, to or for the benefit o f any participant in a scheme, commits an offence and shall upon conviction be liable to a fine o f not exceeding five million shillings or to imprisonment for a term not exceeding five years. (2) In determ ining w hether an inducem ent or attempt to induce is made by holding out a prospect, it shall be sufficient if the prospect constitutes or would constitute a substantial part o f the inducement. (3) Where an offence has been committed by any participant, every prom oter o f the scheme shall strictly be held liable for such commission o f the offence. (4) Where a person is charged with an offence in V. N o . 8 W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ _ _ _ _ _ _ 2 0 0 6 F ir s t C o l u m n S e c o n d C o l u m n O n 4 SCHEDULE T h ir d C o l u m n respect o f an advertisement, it shall be a defence for that person to prove that, he is a person whose business is to publish or arrange for the publication in the a d v e rtis e m e n ts , and th a t he re c e iv e d the advertisement for publication in the ordinary cause o f business and did not know, and had no reason to suspect that the publication would am ount to an offence. N o . 8 W r i t t e n (5) L a Where a prom oter is charged by reason o f w s commission o f an offence by another person pursuant to subsection (4), it shall be a defence for that promoter to prove that the act constituting an offence was committed without his consent. Interprcta- tion 171 C .-( 1) For the purposes o f sections 171A and 171B, unless the context requires o therw ise- “goods” includes property o f any description and a ( M i s c e l l a n e o u s right to or interest in any property; “participants” in relation to a scheme, means a person other than a prom oter or any o f the promoters who participated in the scheme; A m e n d m e n t s ) _ _ _ _ _ _ Any reference to the provision or supply o f 2 0 0 6 “scheme” means any arrangement made in connection with the carrying on o f a business w hether such arrangement is made or recorded wholly or partly in writing or not. goods shall be construed as including a reference to (2) SCHEDULE F ir s t C o l u m n S e c o n d C o l u m n Cap. 391 The Commission for Human Rights and Good Governance Act T h ir d C o l u m n the grant or transfer o f a right or interest.” The Act is amended: (a) by inserting immediately after section 28 the following section: “ M a t t e r s relating to T a n z a n ia Zanzibar. W h ere 2 8 A .- ( 1 ) th e investigation under section 28 relates to appropriate authority in Zanzibar, the C om m ission shall subm it the r e p o rt d e c is io n , recom mendation and reasons to the M in ister resp o n sib le for H um an Rights and Good Governance o f the R e v o lu tio n a ry G o v e rn m e n t o f Zanzibar. o f its R ig h ts (2) The Minister responsible for H u m an and G o o d G overnance o f the R evolutionary Government o f Zanzibar shall within tw enty one days after receiving the re p o r t as p ro v id e d fo r u n d e r subsection ( 1), refer the report to the appropriate authority concerned in the R evolutionary G overnm ent o f Zanzibar. (3) The appropriate authority concerned in Zanzibar shall within N o . 8 W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ _ _ _ 2 0 0 6 F ir s t C o l u m n S e c o n d C o l u m n oo < SCHEDULE T h ir d C o l u m n R ig h ts such time not exceeding three m onths from the date o f the report or as the M inister responsible for H u m an an d G ood G overnance o f the R evolutionary G o v e rn m e n t o f Z a n z ib a r m ay p re s c rib e , su b m it the re p o rt to M in ister re sp o n sib le for H um an R ig h ts o f th e R e v o lu tio n a ry Government o f Zanzibar with details o f any action taken by such authority to redress the impugned fundamental rights or acts o f maladministration. (4) The M inister responsible for Human Rights an d G ood G o v e rn a n c e o f th e R e v o lu tio n a ry Government o f Zanzibar shall, within twenty one days after receiving the report from appropriate authority forward the report to the Commission. (5) The Comm ission shall, after receiving the report take measures as stipulated under subsections (3) and (4) o f section 28.” ; (b) in paragraph (b) o f section 35, by in s e rtin g th e p h ra s e “ H o u se o f Representatives o f Z anzibar” betw een the phrase “the National Assem bly” and the word “or”; N o . 8 W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ _ _ _ 2 0 0 6 F ir st C o l u m n S e c o n d C o l u m n SCHEDULE Cap 258 The Political Parties Act 'O Cap. 343 The Elections Act V T h ir d C o l u m n (c) in section 38, by inserting im m ediately after the word “M inister” the follow ing phrase - ‘in consultation w ith the M inister responsible fo r H um an R ig h ts and G ood G o v e rn a n c e o f th e Revolutionary Government of Zanzibar.” The Act is amended in subsection (2) o f section 22 by: (a) inserting immediately after paragraph (g) the following paragraph: ‘(h) after consultation with the political parties prescribing the ethical conduct o f political parties;” (b) d esig n atin g the current paragraph “ (h )” as paragraph “(i)’\ The Act is am ended in section 37 by - (a) d e letin g p arag rap h (b) o f the p ro v iso to su b s e c tio n ( 1) and s u b s titu tin g fo r it the following - ‘(b) w here a by -electio n is to be held, the nomination day shall not be less than twenty days and not more than fifty days after the occurrence o f the event by reason o f w hich the election is to be held;” p oo § ^ Co % ft § ^ K ^ 3 ^ ft N) © O s F ir s t C o l u m n S e c o n d C o l u m n T h ir d C o l u m n SCHEDULE (b) deleting subsection (2) and substituting for it the following: “(2) Subject to paragraph (b) o f subsection (1), the Chairman o f the Commission shall, in writing, notify the public and all political parties about the date set for the conduct o f the by- election.” The Act is amended as follow s - (a) in section 20 - (i) by deleting subsection (2 ) and substituting for it the following - “(2) W itness fees to a person w ho appears before a mediator or an arbitrator in response to a sum m ons issued in terms o f this section shall be borne out by a party who calls that witness.” (ii) by inserting im mediately after subsection (2) the following subsections» “(3) Where a witness is summoned by the Commission on its own motion, the cost for that witness shall be borne out by the Director o f the Comm ission. (4) Notwithstanding the provisions of subsection (2), in a fitting case, the Comm ission may order the cost for the witness be paid by the Director o f the Commission A ct N o. 7 o f 2006 The Labour Institutions, Act 2004 V (V N o . 8 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ _ _ _ z u o o F ir st C o l u m n S e c o n d C o l u m n SCHEDULE T h ir d C o l u m n (b) in section 35 by- (a) deleting subsetion (3) and substituting for it the following subsection; “3” The Wage Board shall consist o f the following mem bers appointed by the Minister- (a) the Chairman; (b) two members recom mended by the Council to represent interests o f employees; (c) two members recom mended by the Council to represent interests o f the employers; (d) two members recom mended by the Council to represent interests o f the Government; (e) a m em ber nom inated by he M inister by virtue o f his profession.””; (b) by re-designating paragraphs (b), (c), (d), (e), (f) and (g) as paragraphs (c), (d), (e) (f), (g), and (h) respectively. (c) in section 50 - (i) by adding in subsection (2) immediately after the word “ necessary” the following w ords “ one o f whom shall be designated by C hief Justice as “ Judge In-Charge” who shall head the Labour Court and shall designate any Judge to be in charge o f any court zonal centre”; N o . 8 W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ _ _ _ 2 0 0 6 F ir s t C o l u m n S e c o n d C o l u m n SCHEDULE T h ir d C o l u m n (ii) in paragraph (c) o f subsection (3), by deleting the word “ resolution” appearing in between the words “ expeditions” and “o f ’ and substituting for them the word “ determ ination”; (iii) in subsection (6), by inserting the words “payment of costs or interest o f any kind” immediately after the words “filing fees”; (d) in section 51 by adding im mediately after the w ord “law s” the follow ing “ and over any employment m atter falling under comm on law, tortious liability, vicarious liability or breach o f contract within the pecuniary jurisdiction o f the High Court;” (e) in section 52, by deleting the whole o f subsection ( 1) and substituting for it the following: “Powers o f the Labour Court

52.-(1) In the perform ance o f its functions, the Labour Court shall have all the pow ers o f the High Court save that in making a judgm ent, ruling, decision, order or decree in so far as it is relevant, the Court may take into account or consider the need: N o . 8 W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _2 0 0 6 (a) to maintain a high level o f domestic capital ,.v accumulation with a view to increasing the rate o f economic growth and to provide greater employment opportunities; F i r s t C o l u m n S ec« n$ G c^ u m n ' SCHEDULE V T h ir d C o l u m n - (b) to maintain and expand the level o f employment; (c) to develop payment - by- result schem es, or • other wage incentive structures, which will induce an employee to make greater effort and relate increases in labour productivity; (d) (e) (f) to prevent gains in the wages o f the employees from being affected adversely by unnecessary and unjustified price increases; to preserve and prom ote the co m petitive position o f local products in the dom estic market as well as in global market; and m aintain to establish reasonable differentials in rew ards betw een different categories o f skills and levels o f responsibility; (g) for th e U n ited R ep u b lic, to m a in ta in a favourable balance o f trade and balance o f payments; (h) to ensure the continued ability o f Governm ent to finance developm ent p rogram m es and recurrent expenditure in the public sector; (i) (j) to maintain a fair relation between the incomes o f different sectors o f the comm unity; or for any scientific or social m atter o f great im p o rta n c e w h ich the C ourt m ay deem necessary and ju st to take into account or consider.”; N o , 8 W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ _ _ _ 2 0 0 6 F ir s t C o l u m n S e c o n d C o l u m n SCHEDULE T h ir d C o l u m n (f) in section 53: (i) by deleting the opening words o f subsection ( 1) and substituting for them the following: “The panel o f assessors referred to in section 50(2)(b) shall be constituted as follows:”; (ii) by deleting subsection (2) and substituting for it the following: “(2) The Judge Resident may remove a person from a panel o f assessors: (a) if that person has resigned in w riting and delivered the resignation to the Registrar o f the Labour Court; (b) for misconduct inconsistent with the ethics o f an assessor; (c) for inability to perform the functions o f an assessor due to illness or any other reason; (d) if that person fails to attend a hearing without permission o f the Judge; (e) if that person is declared bankrupt; (f) if that person is convicted o f a criminal offence ' and sentenced to im prisonment.” N o . 8 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ 2 0 0 6 F i r s t C o l u m n S e c o n d C o l u m n SCHEDULE T h ir d C o l u m n (g) in section 54, by deleting it and substituting for it with the following: N o . 8 W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ _ _ _ _ _ 2 0 0 6 “Registrar o f the Labour Court (2) 5 4 .- ( l ) T h e re sh a ll be a R e g is tra r o f th e L a b o u r C o u rt appointed by the C hief Justice who shall be the C hief Executive Officer o f the Labour Court and who shall, subject to this Act, be answ erable to the Judge In-Charge. There shall be Deputy Registrars o f such number as shall be determined and appointed by the C hief Justice.”; (h) in section 63: (i) by deleting subsection ( 1) and substitu­ ting for it the following: “(1) It shall be an offence to contravene sections 36,49,59 or any other section o f or rules made under this Act.” ; (ii) by deleting the full stop at the end o f paragraph (e) o f su b sectio n (2 ) and substituting it with “sem icolon”; (iii) by adding immediately after paragraph (e) the following paragraph. “(f) disobeys or willfully acts under any F ir st C o l u m n S e c o n d C o l u m n SCHEDULE Act No. 6 o f 2004 The Employment and Labour Relations Act T h ir d C o l u m n lawful order or direction issued or made by the Labour Court or under this Act.” This Act is am ended as follows: (a) in subsection (7) o f section 71, by inserting im m ediately after the w ord “Com m issioner” the following words: “failure o f which shall constitute an offence”; (b) in subsection (6) o f section 86 by - (i) deleting the full stop after the word “advocate” appearing in paragraph (b) and substituting for it “sem icolon”; (ii) adding paragraph (c) as follows - “(c) a personal representative o f the party’s own choice.” (c) in section 88: (i) by deleting subparagraph o f subsection (l)(b ) and substituting for it the following: (ii) “(ii) any other contravention o f this Act or any other labour law or breach o f c N o . 8 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ 2 0 0 6 F ir s t C o l u m n S e c o n d C o l u m n SCHEDULE T h ir d C o l u m n contract or any em ploym ent or labour matter fallin g u n d e r com m on law, to rtio u s liability and vicarious liability in which th e am o u n t c la im e d is b e lo w th e p ec u n ia ry ju ris d ic tio n s o f the H igh Court”; (ii) subsection (7)(b), by deleting full stop appearing after the words “advocate” and substituting for ita “sem i-colon”; (iii) by adding im mediately after paragraph (b) o f subsection (7) the new paragraph (c) as follows: “(c) a personal representative o f the party’s own choice.” (d) in section 94 by inserting in subsection ( 1) the fourth line immediately after the word “Act” the following words: “and over any employment or labour m atter falling under comm on law, tortious liability, vicarious liability or b re a c h o f c o n tra c t w ith in th e pecuniary jurisdiction o f the High Court” ; (e) in subsection (3) o f section 95 by: (i) deleting it and substituting for it the following: y N 0 g _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ _ _ 2 0 0 6 F ir st C o l u m n S e c o n d C o l u m n SCHEDULE T h ir d C o l u m n “ (3 ) A p e rs o n b o u n d by a collective agreem ent prescribed in this section may not refer a dispute to the Com m ission for mediation and arbitration under the provisions o f this Part: Provided that, any dispute w hich is not resolved shall be re fe rre d by any p a rty to the d is p u te o r th e m e d ia to r or arbitrator to the Labour Court for a d ju d ic a tio n , d e c is io n and execution.” (ii) by adding im m ediately after subsection (3) the follow ing provision: to “ (4 ) S u b je c t the Provisions o f subsection (3), any resolution made or award p a sse d by th e m e d ia to r or arbitrator respectively, shall be binding on the parties and shall be executed as a decree o f the Labour C ourt.” Passed in the National Assembly on the 1st November, 2006 D a m ia n S. L. F o k a , Clerk o f the National Assembly V r - N o . 8 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W r i t t e n L a w s ( M i s c e l l a n e o u s A m e n d m e n t s ) _ _ _ 2 0 0 6