The Written Laws (Miscellaneous Amendments) Act, 2017
This provision gives the Act its short citation name.
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- The Written Laws (Miscellaneous Amendments) Act, 2017
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About this statute
This provision gives the Act its short citation name. This section says the written laws listed in the Act’s Parts are amended as set out in those Parts. This provision says this Part must be read together with the Government Loans, Guarantees and Grants Act, which is called the principal Act. This section changes the principal Act by replacing the phrase “from outside Tanzania” with “from non-resident sources” wherever it appears. This provision changes section 2 of the principal Act by adding new definitions and replacing the definitions of “foreign loan” and “local loan.”
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Provisions of The Written Laws (Miscellaneous Amendments) Act, 2017
Showing 46 of 46
Part
PART I
- 1
AI-assisted research summary: This provision gives the Act its short citation name.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2017. 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. PART II AMENDMENT OF THE GOVERNMENT LOANS, GUARANTEES AND GRANTS ACT, (CAP.134) Construction Cap.134
Part
PART II
- 3
AI-assisted research summary: This provision says this Part must be read together with the Government Loans, Guarantees and Grants Act, which is called the principal Act.
3. This Part shall be read as one with the Government Loans, Guarantees and Grants Act, hereinafter referred to as the “principal Act”. 5 No. 2 Written Laws (Miscellaneous Amendments) 2017 General amendment Amendment of section 2 Cap.2 - 4
AI-assisted research summary: This section changes the principal Act by replacing the phrase “from outside Tanzania” with “from non-resident sources” wherever it appears.
4. The principal Act is amended generally by deleting the words “from outside Tanzania” wherever they appear in the Act and substituting for them the words “from non-resident sources”. - 5
AI-assisted research summary: This provision changes section 2 of the principal Act by adding new definitions and replacing the definitions of “foreign loan” and “local loan.”
5. The principal Act is amended in section 2, by: (a) adding in its appropriate alphabetical order the following new definitions: ““Consolidated Fund” means the Consolidated Fund of the Government referred to in the Constitution; “on-lending” means an arrangement whereby the Government borrows from sources and external or domestic thereafter passes on the loan to another entity the Revolutionary Government of Zanzibar, parastatal organizations, local Government or any other public body corporate; such as “primary loan” means any loan raised by the Government for the purpose of on- lending arrangement under this Act; and “resident sources” means the sources of loan that is determined at the centre of economic interest where the debtor and creditor are ordinarily located and not their nationality;”; and (b) deleting the definition of the terms “foreign loan” and “local loan” and substituting for them the following: ““foreign loan” means any loan contracted by the Government from non resident sources; “local loan” means any loan contracted by the Government from resident sources.”. Amendment of section 3 - 6
AI-assisted research summary: This provision amends section 3 of the principal Act and adds a rule about how foreign loans may be contracted.
6. The principal Act is amended in section 3, by: (a) inserting immediately after the word “may” appearing in the first line, the words “upon the 6 No. 2 Written Laws (Miscellaneous Amendments) 2017 advice of the National Committee,”; (b) inserting immediately after the word “Minister’ the words the appearing “concessional and non-concessional”; fourth line, in (c) designating the contents of section 3 as subsection (1); and (d) adding immediately after subsection (1) as designated a new subsection (2) as follows: “(2) Foreign loan may be contracted by direct borrowing from non-residents through bi-lateral arrangements, issuance of bonds or other methods as the Minister may deem expedient.”. multilateral and Amendment of section 6 - 7
AI-assisted research summary: This provision amends section 6 of the principal Act by adding the words “on the advice of the National Committee” after “may” in the first line, and it refers to an amendment of section 7.
7. The principal Act is amended in section 6, by inserting immediately after the word “may” appearing in the first line, the words “on the advice of the National Committee,”; Amendment of section 7 - 8
AI-assisted research summary: The Minister may delegate powers under section 7 to the Governor of the Bank of Tanzania by an order published in the Gazette.
8. The principal Act is amended in section 7, by adding immediately after subsection (2) the following: “(3) The Minister may, by order published in the Gazette delegate any of the powers conferred on him under this section to the Governor of the Bank of Tanzania.”. Amendment of section 8 - 9
AI-assisted research summary: This section amends section 8 of the principal Act by inserting specific words into paragraphs (e) and (h).
9. The principal Act is amended in section 8, by- (a) inserting immediately after the word “date” appearing in the first line of paragraph (e), the word “not”; and (b) inserting immediately after the word “may” appearing at the end of paragraph (h), the words “upon the advice of the National Committee”. Amendment of section 10 - 10
AI-assisted research summary: This provision amends section 10 of the principal Act by adding the words “upon the advice of the National Committee” after “may”.
10. The principal Act is amended in section 10, by inserting immediately after the word “may” appearing in the first line the words “upon the advice of the National Committee”. 7 No. 2 Written Laws (Miscellaneous Amendments) 2017 Amendment of section 11 - 11
AI-assisted research summary: Section 11 changes a marginal note reference from “The Lotteries Act” to “the Gaming Act”, and section 12 is repealed.
11. The principal Act is amended in section 11, by deleting the reference to the “The Lotteries Act” appearing in the Marginal note and substituting for it the reference “the Gaming Act”. Repeal of section 12 - 12
AI-assisted research summary: Section 12 is repealed and replaced with new text that follows.
12. The principal Act is amended by repealing section 12 and replacing for it the following: - 12
AI-assisted research summary: The Revolutionary Government of Zanzibar may enter an on-lending arrangement with the Government of the United Republic of Tanzania when the arrangement between the Government and lender requires it, and it must show prudent cash-flow projections before the borrowing occurs.
12.-(1) “On-lending to the Revolutionary Government of Zanzibar The Revolutionary Government of the Zanzibar may, where between arrangement the the Government and lender on-lending requires into on- arrangement enter lending arrangement with the Government United Republic of Tanzania for the Loan that has been raised by the Government on her behalf under this Act.”; and of (2) On lending arrangement under subsection (1) shall be effected through on lending agreement which shall, amongst other things, contain the terms and conditions that shall not be lower than the terms and conditions of the primary loan. the “(3) Prior to the borrowing by the Government of United Republic of Tanzania on behalf of Revolutionary Government of Zanzibar, the Revolutiolnary Government of shall demonstrate Zanzibar prudent projection of cash flow through her balance sheet to 8 No. 2 Written Laws (Miscellaneous Amendments) 2017 Addition of sections 12A and 12B meet obligations.”. the primary loan - 13 Verify source ↗
Construction
AI-assisted research summary: This provision amends the principal Act by adding new sections after section 12.
13. The principal Act is amended by adding immediately after section 12 the following new sections: “On-lending to local government and other bodies 9 or local government - 12A Verify source ↗
(1)A
AI-assisted research summary: Local government parastatal authorities may borrow on-lending funds, but must manage borrowing prudently, use loan proceeds for capital investment projects, and enter an on-lending agreement.
12A.-(1)A parastatal authority borrow organisation may money on-lending arrangement from the loan that has been the Government under this Act. secured by under (2) A local government parastatal or authority organisation to that borrow under this section shall ensure that- intends of (a) it borrows to the strength its balance sheet and demonstrate prudent projection of cash flows to meet the original obligations; loan and (b) the proceeds of the loan are used for capital investments on the financially projects viable are which the beneficial economy. to (3) A local government parastatal or authority to that organisation borrow under this section shall on-lending execute intends the No. 2 Written Laws (Miscellaneous Amendments) 2017 agreement which shall contain, among other things, the terms and conditions that shall not be lower terms and the conditions of the primary loan. than (4) “The Government shall conduct risk assessment local government on the parastatal or authority organisation in relation to their respective balance sheets and cash flows projection. Approval by the Minister to law shall, prior institution borrow - 12B Verify source ↗
(1) Notwithstanding
AI-assisted research summary: Before government borrowing, approval of the Minister must be sought for the borrowing’s purpose, amount, terms, and conditions.
12B.-(1) Notwithstanding law a any other written that government in intends accordance with any other written to borrowing, seek the approval of the Minister in respect of the purpose, amount, terms and conditions of such borrowing. (2) For the purpose of this “government section, institution” means a ministry, department, authority, agency or a parastatal organisation.”. Amendment of section 13 - 14
AI-assisted research summary: The Government must assess borrower risk before guarantees are issued, and the Minister may make regulations about guarantee fees.
14. The principal Act is amended in section 13, by: (a) deleting the words “interest and other charges” appearing in the third line; (b) designating the contents of section 13 as subsection (1); and (c) adding immediately after subsection (1) as designated the following new subsections: shall “(2) The Government conduct risk assessment on borrowers 10 No. 2 Written Laws (Miscellaneous Amendments) 2017 before guarantees are issued. (3) The Minister for responsible guarantee relating partnership projects. shall be the management of to public private (4) The Minister may make regulations prescribing guarantee fees that shall be charged as a percentage of the guarantee loan amount to the lender.”. - 15
AI-assisted research summary: This section amends section 13A to require guaranteed loan proceeds to be used only for capital investments on the project, and allows the Minister to issue a guarantee up to 85% of the amount borrowed in a national disaster or hazard, on National Committee recommendations.
15. The principal Act is amended in section 13A, by: (a) deleting paragraph (a) of subsection (1) and substituting for it the following: “(a) the proceeds of a loan being guaranteed shall be solely for capital investments on the project that generate revenues which shall be sufficient to service the loan;” (b) deleting the proviso (1) and substituting to paragraph for (b) of the it subsection following: the Minister may, upon “Provided that, in the case of national disaster the or hazard recommendations of National Committee, issue a guarantee not exceeding 85% of the amount borrowed.”; and (c) inserting the words “of the National Committee” immediately after the word “advice” appearing in subsection (2). - 16
AI-assisted research summary: This provision amends section 17 of the principal Act and adds new functions about advising the Minister on the Medium-Term Debt Strategy and annual borrowing plan, plus quarterly monitoring of implementation.
16. The principal Act is amended in section 17, by: (a) adding immediately after paragraph (a) the Amendment of section 13A Amendment of section 17 following new paragraphs: “(b) to advise the Minister on the formulation of the Government Medium-Term Debt Strategy on an annual rolling basis and annual borrowing plan; to monitor the implementation of the Medium-Term Debt Strategy and annual borrowing the by Government for each quarter;” and approved plan (c) 11 No. 2 Written Laws (Miscellaneous Amendments) 2017 (b) renaming paragraphs (b) to (f) as paragraphs (d) to (h) respectively. Amendment of section 18 - 17
AI-assisted research summary: The Committee may co-opt a person with special knowledge and skills to help on a particular issue, but that person has no right to vote.
17. The principal Act is amended in section 18, by: (a) inserting immediately after paragraph (h) the following new paragraphs: Secretary-Zanzibar Planning “(i) Commission; (j) (k) Second Vice President;” Attorney General- Zanzibar; Permanent Secretary - Office of the (b) renaming paragraphs (i) and (j) as paragraphs (l) and (m), respectively. (c) designating the contents of section 18 as subsection (1); and (d) adding immediately after subsection (1) as designated the following new subsection: “(2) The Committee may co-opt any person with special knowledge and skills to provide expertise on a particular issue as may be required by the Committee but the person so co-opted shall have no right to vote.”. Amendment of section 22 - 18
AI-assisted research summary: The National Committee’s quorum is half its members, and members must attend meetings in person unless illness, infirmity, or absence from the United Republic prevents attendance.
18. The principal Act is amended in section 22, by: (a) designating the contents of that section as subsection (1); and (b) adding immediately after subsection (1) as designated the following new subsections: “(2) The quorum of any meeting of the National Committee shall be half of the members. (3) Members of the National Committee shall attend meetings in person, and where a member by reason of illness, infirmity or absent from the United Republic, is unable to attend any meeting, he may appoint a principal officer to attend such meeting on his behalf.”. Amendment of - 19
AI-assisted research summary: This provision amends section 30 by replacing “fiscal” with “financial” and removing “on a quarterly basis” from paragraph (b).
19. The principal Act is amended in section 25(1), 12 No. 2 Written Laws (Miscellaneous Amendments) 2017 section 25 by: Amendment of section 30 (a) deleting the word “fiscal” appearing in the second line and substituting for it the word “financial”; and (b) deleting the words “on a quarterly basis” appearing in paragraph (b). - 20
AI-assisted research summary: This provision amends section 30 of the principal Act by adding “or grant” after “loan” in paragraph (a) and replacing paragraph (b).
20. The principal Act is amended in section 30: (a) in paragraph (a), by adding immediately after the word “loan” appearing at the end of that paragraph the words “or grant”; and (b) by deleting paragraph (b) and substituting for it the following: “(b) the authority to execute on behalf of the Government any agreement or other instrument relating to a loan, guarantee or grant raised, given or received under this Act.”. Addition of section 30A - 21
AI-assisted research summary: This provision amends the principal Act by inserting a new section after section 30, titled “Offences 13”.
21. The principal Act is amended by adding immediately after section 30 the following new section: “Offences 13 - 30A Verify source ↗
(1) A person who
AI-assisted research summary: A person must not execute a loan without the Minister’s approval, and doing so is an offence punishable by a fine, imprisonment, or both.
30A.-(1) A person who executes a loan without the approval of the Minister, commits an offence and shall on conviction be liable to a fine of not less than five million shillings but not more than twenty million shillings or to imprisonment for a term of not less than three years but not exceeding six years or to both. (2) A head of public parastatal institution, organisation, department, authority or an agency which received government guarantee and fails without lawful excuse to repay the loan shall be disciplinary to subjected No. 2 Written Laws (Miscellaneous Amendments) 2017 measure in accordance with the Public Service Act. Cap. 298 (3) Any person who contravenes the provisions of this Act where no specific penalty is provided, commits an offence and shall, on conviction be liable to a fine of not five million shillings but not exceeding ten million to shillings imprisonment for a term of not less than one year but not exceeding three years or to both.”. than less or Amendment of section 32 - 22 Verify source ↗
Amendment of sections 13
AI-assisted research summary: This provision amends section 32 of the principal Act by replacing “the National Debt Strategy” with “the Medium Term Debt Strategy”.
22. The principal Act is amended in section 32 by the words “the National Debt Strategy” and deleting substituting for them the words “the Medium Term Debt Strategy”. PART III AMENDMENT OF THE HIGHER EDUCATION STUDENTS’ LOANS BOARD ACT, (CAP.178) Construction Cap. 178 Amendment of section 3
Part
PART III
- 23
AI-assisted research summary: This Part must be read together with the Higher Education Students’ Loans Board Act, which is called the principal Act.
23. This Part shall be read as one with the Higher Education Students’ Loans Board Act, hereinafter referred to as the “principal Act”. - 24 Verify source ↗
Construction
AI-assisted research summary: This provision amends the definition of “accredited institution” by deleting some paragraphs and adding a new diploma-based entry to be determined and published by the Minister in the Gazette.
24. The principal Act is amended in the definition of the term “accredited institution” by: (a) deleting paragraphs (c), (d) and (e); and (b) adding immediately after paragraph (b) the following: “(c) diploma in the field to be determined and published in the Gazette by the Minister from time to time, based on the national priorities;”. 14 No. 2 Written Laws (Miscellaneous Amendments) 2017 PART IV AMENDMENT OF THE INCOME TAX ACT, (CAP.332) Construction Cap. 332
Part
PART IV
- 25
AI-assisted research summary: This provision says Part 25 is to be read together with the Income Tax Act, which is called the principal Act, and it refers to an amendment of section 10.
25. This Part shall be read as one with the Income Tax Act, hereinafter referred to as the “principal Act”. Amendment of section 10 - 26 Verify source ↗
Construction
AI-assisted research summary: This section amends section 10 so that no tax exemption may be given and no agreement may affect the Act’s application, except as allowed by the Act, a strategic project agreement, or a Cabinet-approved public interest agreement.
26. This principal Act is amended in section 10 by deleting subsection (3) and substituting for it the following: “(3) Notwithstanding any law to the contrary, no exemption shall be provided from tax imposed by this Act and no agreement shall be concluded that affects or purports to affect the application of this Act, except as provided for: (a) by the provisions of this Act; (b) by an agreement: (i) on a strategic project; and (ii) on public interest, as may be approved by the Cabinet.”. PART V AMENDMENT OF THE LAND ACT, (CAP.113) Construction Cap. 113 Amendment of section 19
Part
PART V
- 27
AI-assisted research summary: This Part must be read together with the Land Act, which is called the principal Act.
27. This Part shall be read as one with the Land Act, hereinafter referred to as the “principal Act”. - 28 Verify source ↗
Construction
AI-assisted research summary: This section amends section 19(2) by adding a phrase after “the Tanzania Investment Act” in paragraphs (b) and (c).
28. The principal Act is amended in section 19(2), by inserting the phrase “or issued under the Export Processing Zones Act” immediately after the words “the Tanzania Investment Act” appearing in paragraphs (b) and (c). PART VI AMENDMENT OF THE SUGAR INDUSTRY ACT, (CAP.251) Construction Cap. 251
Part
PART VI
- 29
AI-assisted research summary: This section says this Part must be read together with the Sugar Industry Act.
29. This Part shall be read as one with the Sugar Industry Act, hereinafter referred to as the “principal Act”. 15 No. 2 Written Laws (Miscellaneous Amendments) 2017 “Amendment of section 3 - 30
AI-assisted research summary: This provision adds a definition of “blending” for sugar-related use.
30. The principal Act is amended in section 3 by inserting in its appropriate alphabetical order the following new definition: ““blending” means the process of mixing additive with industrial sugar to produce sugar for consumption purposes;”. Amendment of section 4 - 31 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by adding a new paragraph to section 4(1), renumbering later paragraphs, and adding sections 7A and 7B.
31. The principal Act is amended in section 4(1), by: (a) inserting immediately after paragraph (c) the following new paragraph: “(d) to monitor the implementation of development and expansion plan of manufacturers; and oversee and (b) re-naming paragraphs (d) to (s) as paragraphs (e) to (u) respectively. Addition of sections 7A and 7B - 32
AI-assisted research summary: This provision amends the principal Act by inserting new sections after section 7; the visible text begins a rule for sugarcane outgrowers organisations, but the sentence is incomplete.
32. The principal Act is amended by adding immediately after section 7 the following new sections: “Sugarcane outgrowers organisations Cap. 318 16 shall, - 7A Verify source ↗
(1) The Sugarcane
AI-assisted research summary: Sugarcane outgrowers must organize and register as cooperative societies, and the Board may extend the registration period and must prescribe daily ratable deliveries.
7A.-(1) The Sugarcane for outgrowers effective management of farming sugarcane husbandry, organise themselves as cooperative societies registered under the Cooperative Societies Act. (2) The Sugarcane outgrowers shall, within six months from the date of coming into operation this section, register of themselves in a manner provided under subsection (1). (3) The Board may the period of extend for No. 2 Written Laws (Miscellaneous Amendments) 2017 Consultative forum registration provided for under subsection (2) for six another period of months. (4) The Board shall, in the consultation with outgrowers the and manufacturer, prescribe daily ratable deliveries of each sugarcane cooperative society under this section. by - 7B Verify source ↗
(1) There shall
AI-assisted research summary: A Sugarcane Growers Consultative Forum is established, and it must handle matters about sugarcane husbandry. The Board must prescribe the Forum’s composition, qualifications, tenure, and operating procedures.
7B.-(1) There shall be a forum to be known as Sugarcane Growers Consultative Forum which shall be responsible for all matters to pertaining sugarcane husbandry. (2) The Board the prescribe shall composition, qualification, tenure and the manner of operation of the Forum.”. Addition of section 11A - 33
AI-assisted research summary: The principal Act is amended by adding a new section titled “Indicative price for sugarcane, sugar or sugar by-products”.
33. The principal Act is amended by adding immediately after section 11 the following new section: “Indicative price for sugarcane, sugar or sugar by- products 17 - 11A Verify source ↗
The Board
AI-assisted research summary: The Board may set minimum and maximum prices for certain sugar-related goods, after consulting stakeholders and the Minister and publishing the order in the Gazette.
11A. The Board shall, in consultation with the stakeholders and the Minister and by order published in the Gazette, prescribe the: (a) minimum price to be paid by manufacturers for produced growers; and cane by No. 2 Written Laws (Miscellaneous Amendments) 2017 (b) maximum price sugar and by- of sugar products produced by manufacturers.” . Addition of section 17A - 34
AI-assisted research summary: This section amends the principal Act by inserting a new section titled “Duty to submit development and expansion plan.”
34. The principal Act is amended by adding immediately after section 17 the following new section: “Duty to submit development and expansion plan A - 17A Verify source ↗
(1)
AI-assisted research summary: Licensed manufacturers must submit a development and expansion plan to the Board on the Board’s timetable, respond in writing if served with a notice, and may face a fine if they do not comply.
17A.-(1) licensed manufacturer under this Act shall, within the time and on intervals prescribed by the Board, submit to the Board development and expansion plan. development (2)The plan and submitted this section shall consist of the following: expansion under (a) expansion of plantations to increase sugarcane production; (b) introduction new the of and of technology for purpose increasing yields new sugarcane varieties; (c) investment initiative expand to the 18 No. 2 Written Laws (Miscellaneous Amendments) 2017 capacity of the domestic processing sector; and (d) any other fails where information that may be required by the Board. (3) The Board the shall, to manufacturer the comply this requirement section, issue the notice the requiring manufacturer show cause for non compliance within period the prescribed in the notice. with of to (4) Upon receipt the notice under of subsection the (3), manufacturer shall make representation in writing to the the Board on matter. 19 No. 2 Written Laws (Miscellaneous Amendments) 2017 with (5) Where fails the manufacturer to the comply requirement of the notice within period the prescribed or has not made a representation satisfactory to the Board, the Board shall impose a fine of not less than thirty million shillings but not exceeding hundred million shillings. (6) A person aggrieved by the decision of the Board under (5) may, subsection within forty five days upon receipt of such decision, appeal to the Minister. (7) A person aggrieved by the decision of the Minister may apply to the High Court for redress.”. Addition of section 34A - 35 Verify source ↗
Addition of sections 7A and 7B
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 34.
35. The principal Act is amended by adding immediately after section 34 the following new section: “Blending process - 34A Verify source ↗
(1) Notwithstanding
AI-assisted research summary: After six months from commencement, no person may blend sugar. A breach is an offence and can lead to a large fine or prison, and the Board may also suspend or cancel the licence of the convicted person.
34A.-(1) Notwithstanding the provisions of any other written laws, no person shall blend sugar after six months from the date of coming into operation of this section. 20 No. 2 Written Laws (Miscellaneous Amendments) 2017 (2) A person who contravenes this section commits an offence and shall, on conviction be liable to a fine of not less than one hundred million shillings or the amount equivalent to the value of the blended sugar whichever is greater or to imprisonment for a term of not less than two years but not exceeding five years. to pay (3) In addition to for provided penalties under the this section, Board may suspend or cancel the licence of the person convicted.”. PART VII AMENDMENT OF THE WILDLIFE CONSERVATION ACT, (CAP. 283) Construction Cap. 283
Part
PART VII
- 36
AI-assisted research summary: This section says this Part must be read together with the Wildlife Conservation Act, called the principal Act.
36. This Part shall be read as one with the Wildlife Conservation Act, hereinafter referred to as the “principal Act”. Amendment of section 101 - 37 Verify source ↗
Construction
AI-assisted research summary: The Court may order certain decaying animals, trophies, weapons, vehicles, vessels, or similar evidence items to be disposed of by the Director during proceedings.
37. The principal Act is amended in section 101, by: (a) deleting subsection (1) and substituting for it the following: “Disposal of trophies during proceedings (1) The Court shall, on its own motion or upon application made by the prosecution in that behalf- prior (a) proceedings, order that – to commencement of (i) any animal or trophy which is subject to speedy decay; or 21 No. 2 Written Laws (Miscellaneous Amendments) 2017 is (ii) any weapon, vehicle vessel or other article of which destruction or depreciation, and is intended to be used as evidence, be disposed of by the Director ; or (b) at any stage of proceedings, order that – subject (i) any animal or trophy which is subject of speedy decay; or (ii) any weapon, vehicle, vessel or other article to which destruction or depreciation, which has been tendered or put in evidence before it, be disposed of by the Director. subject is (2) The order of disposal under this section shall be sufficient proof of the matter in dispute before any court during trial.”. (b) Renumbering subsections (2) and (3) as subsections (3) and (4) respectively. Passed by the National Assembly on 1st February, 2017. THOMAS D. KASHILILAH, Clerk of the National Assembly 22
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