The Written Laws (Miscellaneous Amendments) Act, 2016
This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2016.
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- The Written Laws (Miscellaneous Amendments) Act, 2016
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Statute overview
About this statute
This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2016. This section says the Written Laws listed in the Act’s Parts are amended as set out in those Parts. This Part is to be read together with the Appellate Jurisdiction Act. Section 4 is amended to give the Court of Appeal power to review its own decisions, and to renumber later subsections. This provision amends section 5 of the principal Act by removing the words “criminal charge.”
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Provisions of The Written Laws (Miscellaneous Amendments) Act, 2016
Showing 62 of 62
Part
PART I
- 1
AI-assisted research summary: This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2016.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2016. Amendment of certain written laws - 2 Verify source ↗
Short title
AI-assisted research summary: This section says the Written Laws listed in the Act’s Parts are amended as set out in those Parts.
2. The Written Laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. 3 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Construction Cap. 141 Amendment section 4 PART II AMENDMENT OF THE APPELLATE JURISDICTION ACT, (CAP.141)
Part
PART II
- 3
AI-assisted research summary: This Part is to be read together with the Appellate Jurisdiction Act.
3. This Part shall be read as one with the Appellate Jurisdiction Act, hereinafter referred to as “the principal Act”. - 4
AI-assisted research summary: Section 4 is amended to give the Court of Appeal power to review its own decisions, and to renumber later subsections.
4. The principal Act is amended in section 4 by- (a) adding immediately after subsection (3) the following new subsection- “(4) The Court of Appeal shall have the power to review its own decisions.” (b) re-numbering subsection (4) and (5) as subsections (5) and (6) respectively. Amendment of section 5 - 4A Verify source ↗
Construction
AI-assisted research summary: This provision amends section 5 of the principal Act by removing the words “criminal charge.”
4A. The principal Act is amended in section 5 by deleting the phrase “criminal charge.” PART III AMENDMENT OF THE ECONOMIC AND ORGANISED CRIME CONTROL ACT, (CAP. 200) Construction Cap. 200
Part
PART III
- 5
AI-assisted research summary: This section says the Part must be read together with the Economic and Organized Crime Control Act, and it refers to an amendment of section 2.
5. This Part shall be read as one with the Economic and Organized Crime Control Act, hereinafter referred to as the “principal Act”. Amendment of section 2 - 6
AI-assisted research summary: This section amends section 2 by replacing, adding, and deleting several definitions.
6. The principal Act is amended in section 2 by- (a) deleting the definition of the term “Court” and substituting for it the following - ““Court” means the Corruption and Economic the High Court Crimes Division of established under section 3;”; (b) deleting the definition of the term “document” and substituting for it the following- Cap. 6 “document” has the meaning ascribed to it under the Evidence Act;”; (c) inserting in the appropriate alphabetical order the following new definition - ““corruption offence” means an offence under the 4 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Cap.329 Amendment of Part II Prevention and Combating of Corruption Act specified in the First Schedule; (d) deleting the definitions of the terms “lay member” and “Regional Judicial Board”. - 7
AI-assisted research summary: This section amends the principal Act by replacing the Part II heading and sub-heading with a new title for the High Court division dealing with corruption and economic crimes.
7. The principal Act is amended by deleting the heading and sub-heading appearing under Part II and substituting for them the following:- “THE CORRUPTION AND ECONOMIC CRIMES DIVISION OF THE HIGH COURT Establishment and composition of the Court” Amendment of section 3 - 8
AI-assisted research summary: This provision amends the principal Act by repealing section 3 and replacing it with new text about the Court’s establishment, composition, and jurisdiction.
8. The principal Act is amended by repealing section 3 and replacing for it the following- “Establishment, composition and jurisdiction of the Court - 3
AI-assisted research summary: This section establishes the Economic and Corruption Crimes Division of the High Court and gives it jurisdiction over certain corruption and economic offences.
3.-(1) There is established the Economic and Corruption CrimesDivision of the High Court with the Registry and sub-registries as may be determined by the Chief Justice, inwhich proceedings concerning corruption and economiccasesunder this Act may be instituted. (2) and Economic Crimes Division of the High Court shall consist of a Judge or such number of Judgesof the High Court as may be determined by the Chief Justice. The Corruption (3) The Court shall have jurisdiction to hear and determine cases involving- specified (a) corruption and economic in offences paragraphs 3 to 21 and paragraphs 27, 29 and 38 of the First Schedule whose value is not less than one billion shillings, save for paragraph 14; 5 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 (b) economic offences specified under paragraphs 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33,34, 35, 36, 37 and 39 of the Schedule regardless of their value; and (c) such other offences as may be referred to, or instituted in the Court in terms of the provisions of this Act.” Repeal of sections 4,5,6 and 7 Repeal of section 16 Amendment of section 17 Amendment of section 29 - 8A Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by repealing sections 4, 5, 6, and 7.
8A.The principal Act is amended by repealing sections 4,5,6 and 7. - 8B Verify source ↗
Repeal of section 17
AI-assisted research summary: This provision repeals section 16 of the principal Act.
8B. The principal Act is amended by repealing section16. - 8C Verify source ↗
Amendment of section 29
AI-assisted research summary: This provision amends section 17 of the principal Act by replacing the word “District” with “Deputy.”
8C. The principal Act is amended in section 17 by deleting the word “District” and substituting for it the word “Deputy.” - 9 Verify source ↗
Amendment of section 36
AI-assisted research summary: This section amends Section 29 of the principal Act by replacing court names in specified subsections.
9. Section 29 of the principal Act is amended- (a) in subsection (3) by deleting the words “High Court sitting as the Economic Crimes Court” and substituting for them the words “Corruption and Economic Crimes Division of the High Court” ; (b) in subsections (7) and (8) by deleting the words “High Court” and substituting for them the word “Court” respectively. Amendment of section 36 - 10 Verify source ↗
10A. Amendment of section 43
AI-assisted research summary: If a charged offence involves money or property worth over ten million shillings, the person must deposit half the value in cash or property and secure the rest with a bond; for immovable property, a title deed or other satisfactory proof may be deposited, and this does not apply to police bail.
10. The principal Act is amended in section 36(5) by deleting paragraph (a) and substituting for it the following:- “(a) where the offence with which the person is charged involves actual money or property whose value exceeds ten million shillings unless that person deposits cash or other property equivalent to half the amount or value of actual money or property involved and the rest is secured by execution of a bond:- Provided that, where the property to be deposited is immovable, it shall be sufficient to deposit the title deed, or if the title deed is not 6 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 available such other evidence as is satisfactory to the court in proof of existence of the property; save that this provision shall not apply in the case of police bail.” Amendment of section 43 - 10A Verify source ↗
Amendment of section 43
AI-assisted research summary: This provision amends the principal Act by repealing section 43 and replacing it with new wording.
10A. The principal Act is amended by repealing section 43 and replacing for it the following- “Judgment and sentence - 43 Verify source ↗
(1) After all the evidence has
AI-assisted research summary: The Court must decide the case after hearing all the evidence, give reasons in its judgment, sign and date the judgment, handle minority opinions openly, and in an acquittal require the accused’s address for service.
43.-(1) After all the evidence has been heard, the Court shall proceed to pass judgment and either convicts and sentence or acquit and discharge the accused accordingly. or judgment shall (2) Every contain pointsfor point the determination, the decision on the point or points and the reasons for the decision, and shall be dated and signed by the trial judge or the majority judges as the case may be. (3) Where on a question to be decided by a majority of the judges of the Court, any judge holds the view which is different from that of the majority, a minority opinion of a judge shall be signed and dated and the Court shall inform the parties of the situation and be pronounced in open court. (4) Where the Court acquits the accused, it shall require him to give his permanent address for service in case there is an appeal against his acquittal, and the Court shall record or cause it to be recorded.” Amendment of section 46 - 10B Verify source ↗
Amendment of section 46
AI-assisted research summary: Section 46 is amended by replacing the word “education” with “production” in the specified location.
10B. The principal Act is amended in section 46 by deleting the word “education,” appearing between the words “the” and “reception” and substituting for it the word “production,” 7 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Amendment of section 49 Amendment of section 53 - 10C Verify source ↗
Amendment of section 49
AI-assisted research summary: This section changes section 49(6) by replacing the wording about who must sign.
10C.The principal Act is amended in section 49(6) by deleting the phrase “evidence the judge and lay members shall each affix his signature” appearing between the words “given” and “at” and substituting for it the phrase “evidence,the Judge or Judges shall affix their signature.” - 11 Verify source ↗
Addition of section 59A
AI-assisted research summary: This section amends section 53 and adds a new subsection saying the Whistleblower and Witness Protection Act and any other relevant law apply to witness protection matters under this Act, subject to subsection (1).
11. The principal Act is amended in section 53 by- (a) designating the contents of section 53 as subsection (1); (a) adding immediately after subsection (1) as designated the following new subsection: “(2) Subject to subsection (1), the the Whistleblower and provisions of Witness Protection Act, and any other relevant law shall apply in matters relating to witness protection under this Act.” Cap. 446 Addition of section 59A - 12 Verify source ↗
Amendment of section 60
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 59, titled “Prohibition of Insolvency”.
12. The principal Act is amended by adding immediately after section 59 the following new section: “Prohibition of Insolvency - 59A Verify source ↗
(1) Notwithstanding
AI-assisted research summary: Bankruptcy, insolvency, and winding-up rules do not apply to property under trial or investigation under this Act.
59A.-(1) Notwithstanding the provision of any other law, the provisions governing bankruptcy or filing of any insolvency proceedings shall not apply to property which is subject of trial under this Act. investigation or (2) Winding up of the company and thefunctions of the liquidator shall not be performed in relation to property which is subject of investigation or trial under this Act.” Amendment of section 60 - 13 Verify source ↗
Addition of new section 63A
AI-assisted research summary: The amended section sets prison terms and forfeiture orders for people convicted of corruption or economic offences, and criminalises knowingly aiding the offender.
13. Section 60 of the principal Act is amended:- (a) in subsection (3), by deleting paragraph (c) and Cap.13 “(c) substituting for it the following: a child in accordance with the provisions of the Law of the child Act”. (b) by deleting subsections (2), (3) and (4) and sentenced shall be substituting for it the following- 8 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 “(2) Notwithstanding provision of a different penalty under any other law and subject to subsection (3), a person convicted of corruption or economic offence shall be liable to imprisonment for a term of not less than twenty years but not exceeding thirty years, or to both that imprisonment and any other penal measure provided for under this Act; Provided that, where the law imposes penal measures greater than those provided by this Act, the Court shall impose such sentence. (3) In addition to the penalty imposed under subsection (2), the court shall order the confiscation and forfeiture, to the Government of all instrumentalities and proceeds derived from the offence committed under this Act. (4) All awards for compensation shall be taken from the personal properties or joint owned properties or such interest to the joint owned property attributed the offender,where such properties are insufficient to cover the award, such balance shall be a civil debt due to the Government recoverable by civil process. to the proceeds (5) Where and instrumentalities in respect of which the offence was committed are destroyed, diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly of the offender, or it has been concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds or instrumentalities of the offence. 9 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 (6) A person who knowingly aids or abets the offender in destroying, diminishing in value or otherwise rendering it worthless by any act or omission, directly or indirectly under this Act, commits an offence and shall upon conviction, be liable to imprisonment for a term not exceeding five years.” Addition of new section 63A - 14 Verify source ↗
Repeal of section 66
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 63, titled “Power to make Rules.”
14. The principal Act is amended by inserting immediately after section 63 the following new section:- “Power to make Rules - 63A Verify source ↗
(1) The Chief Justice
AI-assisted research summary: The Chief Justice may make Gazette-published rules about court administration and related court procedures.
63A.-(1) The Chief Justice may, by Order published the Gazette, make rules for the better performance of the duties of the Court. in (2) Without prejudice to the generality of subsection (1), the rules may prescribe:- (a) the contents and manner in which various court reports shall be prepared and submitted; (b) contents of records of committal proceedings; (c) procedures governing preliminary hearing; (d) procedure for summoning of and witnesses hearing of cases under this Act; for (e) procedure and conduct of the Registrar the performance of functions under this Act; in (f) protection of witnesses under this Act; and 10 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 (g) anything which needs to rules be prescribed by under this Act.” Repeal of section 66 - 15 Verify source ↗
Amendment of the First Schedule
AI-assisted research summary: The principal Act is amended by repealing section 66 and replacing it with new text, but the replacement text is cut off in the source provided.
15. The principal Act is amended by repealing section 66 and replacing for it the following:- “Savings - 66 Verify source ↗
(1) Notwithstanding the
AI-assisted research summary: This section keeps certain Economic Crimes Court cases moving under the old setup, stops the court from taking pleas in fresh cases not brought before commencement, and preserves prior acts, liabilities, and penalties.
66.-(1) Notwithstanding the establishment of the Corruption and Economic Crimes Division of the High Court, where the Economic Crimes Court had:- (a) commenced the hearing of any case relating to economic offences, it shall continue with the it hearing determines the proceedings in that case; or until (b) adjourned the hearing of any case relating to an economic offence, it shall resume the hearing on the fixed or earlier date and proceed to further hear and the determine proceedings in that case, but the court shall not take a plea or pleas in respect of any fresh case not brought the before commencement of this Act. (2) The into operation of the amending Act shall not- coming (a) affect the previous operation of the amended Act or anything duly done or suffered under it; 11 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 (b) revive anything not in force or existing at the time immediately before the commencement of this Act; (c) affect right, any privilege, or obligation or liability acquired, incurred or accrued, under the amended Act; or (d) affect penalty, any forfeiture or punishment incurred in respect of any economic or other offence committed the triable under and amended Act. offence (3) For the purpose of this section “amending Act” means the (Miscellaneous Written Amendment) Act, 2016.” Laws Amendment of the First Schedule
Part
Schedule
- 16 Verify source ↗
16A. Amendment of the Second Schedule
AI-assisted research summary: This section amends the First Schedule of the principal Act by deleting paragraph 14 and replacing it with a new heading about offences related to wildlife caps.
16. The principal Act is amended in the First Schedule by- (a) deleting paragraph 14 and substituting for it the following: “Offences related to Wildlife Caps.283 or 282 - 16A Verify source ↗
Amendment of the Second Schedule
AI-assisted research summary: This section replaces the Second Schedule of the principal Act with a new schedule setting out oath or affirmation wording for witnesses.
16A. The principal Act is amended by deleting the Second Schedule and substituting for it the following:- ________ SECOND SHEDULE ________ OATHS OR AFFIRMATION OF WITNESSES _______ (Made under section 48 (2)) _______ Christians: “I swear that I shall do my best to tell the truth SO HELP ME GOD” Muslims: “Wallah, Billahi, Ta Alahi: I solemnly affirm that I shall do my best to tell the truth.” Hindu: “I solemnly affirm that I shall do my best to tell the truth.” Others: “I solemnly affirm that I shall do my best to tell the truth.”” PART IV AMENDMENT OF THE JUDICATURE AND APPLICATION OF LAWS ACT, (CAP. 358) Construction Cap. 179
Part
Schedule by-
- 14 Verify source ↗
Repeal of section 66
AI-assisted research summary: A person commits an offence under this paragraph if they commit an offence under the listed Wildlife Conservation Act or National Parks Act provisions.
14. A person is guilty of an offence under this paragraph who commits an offence under section 17, 19, 24, 26, 28, 47, 53, 103, 105, Part X or Part XI of the Wildlife Conservation Act or section 16 of the National Parks Act.” (b) adding immediately after paragraph 20 the following:- “Offences under the Prevention - 21
AI-assisted research summary: A person commits an offence if they commit an offence under the Prevention and Combating of Corruption Act, except an offence under section 15 of that Act.
21. A person is guilty of an offence under 12 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 and Combating of Corruption Act Cap. 329 Offences related to anti-money laundering Cap. 423 Offences related to drugs control Cap. 95 Offences related to terrorism Offences related to territorial sea and exclusive economic zone who paragraph this commits offence any under the Prevention and Combating of Corruption Act other than an offence under section 15 of that Act. - 22
AI-assisted research summary: A person is guilty of an offence if they commit an offence under sections 12, 17, or 20 of the Anti-Money Laundering Act.
22. A person is guilty of an offence under this who paragraph commits an offence under section 12, 17 or 20 of the Anti- Money Laundering Act. is - 23
AI-assisted research summary: A person linked to the referenced offence commits an offence under section 15, 16, or 23 of the Drugs and Control Enforcement Act.
23. A person guilty of an offence under this who paragraph commits an offence under section 15, 16 or 23 of the Drugs and Control Enforcement Act.” - 24
AI-assisted research summary: A person commits an offence under this paragraph if they commit any offence under the Prevention of Terrorism Act.
24.A person is guilty of an offence under paragraph this who offence any commits under the Prevention of Terrorism Act. - 25
AI-assisted research summary: A person commits an offence if they commit any offence under the Territorial Sea and Exclusive Economic Zone Act.
25.A person is guilty of an offence under paragraph this who commits offence any under the Territorial Sea and Exclusive Economic Zone Act. Offences related to deep sea fishing - 26
AI-assisted research summary: A person is guilty of an offence if they commit an offence under section 18 of the Deep Sea Fishing Authority Act.
26. A person is guilty of an offence under 13 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Cap. 388 Offences related to mining Cap. 123 Offences related to atomic energy Cap. 188 Offences related to food and drugs Cap. 219 Offences related to extractive industries Cap. 447 who paragraph this commits an offence under section 18 of the Deep Sea Fishing Authority Act. - 27
AI-assisted research summary: A person commits an offence if they commit an offence under section 18 of the Mining Act.
27. A person is guilty of an offence under this who paragraph commits an offence under section 18 of the Mining Act. - 28 Verify source ↗
Construction
AI-assisted research summary: A person commits an offence if they commit an offence under section 11, 13, 14, or 72 of the Atomic Energy Act.
28.A person is guilty of an offence under this who paragraph commits an offence under section 11, 13, 14 or 72 of the Atomic Energy Act. - 29 Verify source ↗
A person is
AI-assisted research summary: A person is guilty of an offence if they commit an offence under section 32, 18, or 114 of the Tanzania Food and Drugs Control Act.
29. A person is guilty of an offence under this who paragraph commits an offence under section 32, 18 or 114 of the Tanzania Food and Drugs Control Act. - 30 Verify source ↗
A person is
AI-assisted research summary: A person is guilty of an offence if they commit an offence under section 23 or 24 of the Act.
30. A person is guilty of an offence under this who paragraph commits an offence under section 23 or 24 of the Extractive Tanzania Industries (Transparency and Accountability)Act. Offences related to fire arms and ammunition Cap.223 - 31 Verify source ↗
A person is guilty
AI-assisted research summary: A person commits an offence if they commit an offence under section 20, 21, or 45 of the cited Act.
31.A person is guilty of an offence under this paragraph who commits an offence under section 20, 21 or 45 of the Fire 14 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Arms and Ammunition Control Act. - 32 Verify source ↗
A person is guilty
AI-assisted research summary: A person commits an offence under this paragraph if they commit any offence under the Armaments Control Act.
32.A person is guilty of an offence under this paragraph who commits any offence under the Armaments Control Act. - 33 Verify source ↗
A person is guilty
AI-assisted research summary: A person commits an offence under this paragraph if they commit an offence under section 86 or 89 of the Forest Act.
33. A person is guilty of an offence under this paragraph who commits an offenceunder section 86 or 89 of the Forest Act. - 34 Verify source ↗
A person is guilty
AI-assisted research summary: A person is guilty of an offence under this paragraph if they commit an offence under section 239 or 240 of the Petroleum Act.
34. A person is guilty of an offence under this paragraph who commits an offence under section 239 or 240 of the Petroleum Act. - 35 Verify source ↗
A person is guilty
AI-assisted research summary: A person is guilty of an offence if they commit an offence under section 21 of the Oil and Gas Revenues Management Act.
35. A person is guilty of an offence under this paragraph who commits an offence under section 21 of the Oil and Gas Revenues Management Act. - 36 Verify source ↗
A person is guilty
AI-assisted research summary: A person commits an offence under this paragraph if they commit one of the listed Cyber Crimes Act offences.
36. A person is guilty of an offence under this paragraph who commits an offence under section 6, 7, 8, 9, 10, 11, 12 or 19 of the Cyber Crimes Act. Offences related to armaments Cap.246 Offences related to forestry Cap.323 Offences related to petroleum Cap.392 Offences related to oil and gas revenues Cap.328 Offences related to cyber Cap.443 Offences related to electronic and postal communications - 37 Verify source ↗
A person is guilty
AI-assisted research summary: A person is guilty of an offence if they commit one of the listed offences.
37. A person is guilty of an offence under this paragraph who commits an offence under section 15 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Cap.306 Offences under the Penal Code Cap.16 120, 122, 123 or 124 of the Electronic and Postal Communications Act. - 38 Verify source ↗
A person is guilty
AI-assisted research summary: A person is guilty of an offence if they commit one of the listed Penal Code offences.
38. A person is guilty of an offence under this paragraph who commits an offence under section 66,96, 194A, 284A, or 318A of the Penal Code. Offences related to whistleblower and witness protection Cap.446 - 39 Verify source ↗
A person is guilty
AI-assisted research summary: A person commits an offence under this paragraph if they commit an offence under section 16 of the Whistleblower and Witness Protection Act.
39. A person is guilty of an offence under this paragraph who commits offence under section 16 of the Whistleblower and Witness Protection Act.” Amendment of the Second Schedule
Part
PART IV
- 17
AI-assisted research summary: This section says this Part must be read together with the Judicature and Application of Laws Act.
17. This Part shall be read as one with the Judicature and Application of Laws Act, hereinafter referred to as the “principal Act”. 16 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Addition of section 4A - 18 Verify source ↗
Construction
AI-assisted research summary: This provision amends the principal Act by inserting a new section titled “Power to establish High Court divisions or registries.”
18. The principal Act is amended by adding immediately after section 4 the following new section:- “Power to establish High Court divisions or registries - 4A Verify source ↗
Construction
AI-assisted research summary: The Chief Justice may, by Gazette Order, establish High Court divisions and registries, and make rules for their practice and procedure.
4A.-(1) The Chief Justice may, after consultation with the President, by Order published in the Gazette, establish such number of divisions of the High Court as may be required for the purpose of facilitating the discharge of judicial functions in respect of specific matters as may be determined by the Chief Justice. subsection (2) The division established under shall, notwithstanding any other written law, exercise jurisdiction over such judicial functions as may be prescribed in the establishment Order. (1) (3) The Chief Justice may by Order published in the Gazette, establish such number of registries or sub- registries of the High Court as may be required. (4) For avoidance of doubt, any division or registry or sub-registry which was established by Chief Justice prior to the coming into operation of the provisions of this section shall be deemed to have been established in accordance with the provisions of this section. (5) The Chief Justice may, by Order published in the Gazette, make rules prescribing practice and procedure of the division established under this section or for such other matters as may be required.” 17 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 PART V AMENDMENT OF THE MAGISTRATES’ COURTS ACT, (CAP.11) Construction Cap. 11
Part
PART V
- 19
AI-assisted research summary: This section says this Part must be read together with the Magistrates’ Courts Act, which it calls the principal Act.
19. This Part shall be read as one with the Magistrates’ Courts Act, hereinafter referred to as “the principal Act”. Amendment of section 18 - 20
AI-assisted research summary: Section 18 is amended so two amounts in subsection (1) are changed: “five million” becomes “fifty million,” and “three million” becomes “thirty million.”
20. Section 18 of the principal Act is amended in subsection (1), by:- (a) deleting the words “five million” appearing in paragraph (a) (ii) and substituting for it the words “fifty million”; and (b) deleting the words “three million” appearing in paragraph (a) (iii) and substituting for it the words “thirty million”. Amendment of section 19 Amendment of section 40 - 21
AI-assisted research summary: This section amends section 19 so that “Chief Justice may upon consultation with the Minister” replaces “Minister may” in subsection (2).
21. The principal Act is amended in section 19 by deleting the words “Minister may” appearing in subsection (2) and substituting for it the phrase “Chief Justice may upon consultation with the Minister”. - 22
AI-assisted research summary: This provision amends section 40(2) of the principal Act by replacing two amounts: “one hundred and fifty” becomes “three hundred,” and “one hundred” becomes “two hundred.”
22.Section 40 of the principal Act is amended in subsection (2), by- (a) deleting the words “one hundred and fifty” appearing in paragraph (a) and substituting for it the words “three hundred”; and (b) deleting the words “one hundred” appearing in paragraph (b) and substituting for it the words “two hundred”. PART VI AMENDMENT OF THE TAX REVENUE APPEALS ACT, (CAP. 408) Construction Cap. 408
Part
PART VI
- 23
AI-assisted research summary: This Part must be read together with the Tax Revenue Appeals Act, which is called the principal Act.
23. This Part shall be read as one with the Tax Revenue Appeals Act, hereinafter referred to as the “principal Act”. Amendment of section 4 - 24
AI-assisted research summary: This provision amends section 4 of the principal Act by changing specific words in subsections (2)(b), (2)(c), and (3)(b).
24. Section 4 of the principal Act is amended- (a) in subsection (2)(b), by deleting the word “two” and substituting for it the word “three”; 18 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 (b) in subsection (2)(c), by deleting the word “four” and substituting for it the words “not more than twelve”; (c) in subsection (3)(b), by inserting immediately after the word “taxation,” the word “law,”. Amendment of section 6 - 25
AI-assisted research summary: The Minister must appoint a suitable senior judicial officer or law officer from the Government or public sector as Secretary of the Board.
25.The principal Act is amended in section 6 by deleting subsection (1) and substituting for it the following- “(1) The Minister shall appoint a suitable person senior judicial officer or law officer from the Government or public sector to be the Secretary of the Board.” from amongst Amendment of section 8 - 26
AI-assisted research summary: This section amends Section 8 of the principal Act.
26. Section 8 of the principal Act is amended- (a) in subsection (2)(b), by deleting the word “two” and substituting for it the word “three”; (b) in subsection (2)(c), by deleting the word “four” and substituting for it the words “not more thanten”; (c) in subsection (3),- (i) by (a) substituting for it the following: paragraph deleting and “(a) chairman if he holds or has previously held or is qualified for appointment to a higher judicial office in the United Republic.”; (ii) by inserting immediately after the word “taxation,” appearing in paragraph (b) the word “law,”. Amendments of section 10 - 27
AI-assisted research summary: This section amends section 10(1) of the principal Act by replacing the words “senior lawyer” with “a senior judicial officer or law officer”.
27. The principal Act is amended in section 10(1), by deleting the words “senior lawyer” and substituting for them the words “a senior judicial officer or law officer”. Amendment of section 25 - 28 Verify source ↗
Construction
AI-assisted research summary: This provision amends section 25(1) of the principal Act by adding the words “and decree” after “decision.”
28.The principal Act is amended in section 25(1), the word “decision” by immediately after appearing in the first line, the words “and decree.” inserting 19 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Passed by the National Assembly on the 24thJune, 2016. THOMAS DIDIMU KASHILILAH Clerk of the National Assembly 20
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The Written Laws (Miscellaneous Amendments) Act, 2016
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