The Written Laws (Miscellaneous Amendments) Act, 2020
This section says the Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2020.
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About this statute
This section says the Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2020. This section says the written laws named in different Parts of the Act are amended as set out in those Parts. This Part must be read together with the Civil Procedure Code, which is called the principal Act. This provision adds a definition: “Minister” means the Minister responsible for legal affairs. This section amends Part V by replacing its subtitle with “Conciliation, Negotiation, Mediation and Arbitration” and adds section 64A.
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Provisions of The Written Laws (Miscellaneous Amendments) Act, 2020
Showing 79 of 79
Part
PART I
- 1
AI-assisted research summary: This section says the Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2020.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2020. Amendment of certain written laws - 2 Verify source ↗
Short title
AI-assisted research summary: This section says the written laws named in different Parts of the Act 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. 6 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 Construction Cap. 33 Amendment of section 3 Amendment of Part V PART II AMENDMENT OF THE CIVIL PROCEDURE CODE, (CAP. 33)
Part
PART II
- 3
AI-assisted research summary: This Part must be read together with the Civil Procedure Code, which is called the principal Act.
3. This Part shall be read as one with the Civil Procedure Code, hereinafter referred to as the “principal Act”. - 4
AI-assisted research summary: This provision adds a definition: “Minister” means the Minister responsible for legal affairs.
4. The principal Act is amended in section 3, by adding in the appropriate alphabetical order the following definition: ““Minister” means the Minister responsible for legal affairs;”. - 5
AI-assisted research summary: This section amends Part V by replacing its subtitle with “Conciliation, Negotiation, Mediation and Arbitration” and adds section 64A.
5. The principal Act is amended by deleting the subtitle appearing immediately after the title to Part V and substituting for it the following subtitle: “Conciliation, Negotiation, Mediation and Arbitration”. Addition of section 64A - 6 Verify source ↗
Construction
AI-assisted research summary: This section says the principal Act is being amended by inserting new material after section 64.
6. The principal Act is amended by adding immediately after section 64 the following: - 64A Verify source ↗
(1)
AI-assisted research summary: Parties may resolve disputes out of court through conciliation, negotiation, or mediation, and they may register any settlement agreement in a court of competent jurisdiction.
64A.-(1) Without prejudice to the provisions of section 64, parties may settle their disputes out of court by way of conciliation, negotiation or mediation. (2) For purposes of facilitating conciliation, negotiation and mediation, the rules Minister may make prescribing procedures, for forms and other matters relating to conciliation, negotiation and mediation. (3) Where parties reach an agreement upon settlement “Conciliation, negotiation and mediation 7 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 their disputes, of they may register their agreement in a court of competent jurisdiction. (4) The provisions of this section shall not apply to the any matter for which manner and procedure of settlement has been stipulated in any other written law.”. PART III AMENDMENT OF THE CRIMINAL PROCEDURE ACT, (CAP. 20) Construction Cap.20
Part
PART III
- 7 Verify source ↗
Construction
AI-assisted research summary: This section says the Part must be read together with the Criminal Procedure Act, called the principal Act.
7. This Part shall be read as one with the Criminal Procedure Act, hereinafter referred to as the “principal Act”. Amendment of section 289 - 8 Verify source ↗
Amendment of section 289
AI-assisted research summary: Section 8 adds a definition for “substance of evidence” in section 289.
8. The principal Act is amended in section 289, by adding immediately after subsection (3), the following: “(4) For the purpose of this section, “substance of evidence” includes substance contained in a document, record or any other tangible object.”. PART IV AMENDMENT OF THE DAIRY INDUSTRY ACT, (CAP. 262) Construction Cap.262
Part
PART IV
- 9
AI-assisted research summary: This section says the Part must be read together with the Dairy Industry Act.
9. This Part shall be read as one with the Dairy Industry Act, hereinafter referred to as the “principal Act”. Amendment of section 2 - 10
AI-assisted research summary: The section amends section 2 of the principal Act by changing the definition of “milk” and adding new definitions for “milk trader,” “inspector,” and “processed milk.”
10. The principal Act is amended in section 2, by- (a) deleting the definition of the term “milk” and substituting for it the following: ““milk” means milk of a cow and includes designated milk;”; and (b) adding in the appropriate alphabetical order the following new definitions: 8 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 ““milk trader” means a person or entity that buys milk from a producer or a milk collection center and sells to a processor or consumer; “inspector” means a person appointed as such in terms of section 33B; “processed milk” means a product prepared through any approved from milk process, heating, including separation, evaporation and drying;”. Amendment of section 5 - 11
AI-assisted research summary: Section 5(1) is amended so paragraph (b) now refers to two members from a recognized stakeholder organization in every region.
11. The principal Act is amended in section 5(1), by deleting paragraph (b) and substituting for it the following: “(b) two members recognised stakeholder organization in every region;”. representing Amendment of section 7 Repeal and replacement of section 9 - 12
AI-assisted research summary: Section 7 of the principal Act is amended by deleting paragraph (b) and renaming certain paragraphs.
12. The principal Act is amended in section 7, by- (a) deleting paragraph (b); and (b) renaming paragraphs (d) and paragraphs (b), (c) and (d) respectively. (c), (e) as - 13
AI-assisted research summary: This provision amends the principal Act by repealing section 9 and substituting new text for it.
13. The principal Act is amended by repealing section 9 and replacing for it the following: “Composition of Board - 9
AI-assisted research summary: The Minister appoints the Tanzania Dairy Board members and must consider gender, with at least two members being female.
9.-(1) The Tanzania Dairy Board shall be composed of the Chairman and other members appointed by the Minister as follows- (a) one member the responsible livestock representing Ministry for development; (b) one member the responsible local government representing Ministry for authorities; 9 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 (c) a Law Officer from the Office of the Attorney General; (d) one member an responsible quality representing institution for food control; and (e) two members Dairy representing Industry Stakeholders.” (2) In appointing members of the Board under subsection (1), the Minister shall have due regard to gender, but in any case, at least two members shall be female.”. Amendment of section 16 by- - 14
AI-assisted research summary: This provision amends section 16(5)(a) by deleting two subparagraphs, renumbering one subparagraph, and adding a new list of dairy-related persons and projects.
14. The principal Act is amended in section 16(5)(a), (a) deleting subparagraphs (iv) and (vi); (b) renaming subparagraph (v) as subparagraph (iv); (c) adding immediately after subparagraph (iv) as renamed the following: “(v) milk retailers; (vi) milk collectors; (vii) milk whole sellers; (viii) milk distributors; (ix) milk traders; (x) projects implemented in the dairy industry; and (xi) any other person as the Board may determine.”. Amendment of section 17 - 15
AI-assisted research summary: This amendment replaces part of section 17(2) with a new list of dairy-related activities and lets the Board determine any other dairy activity.
15. The principal Act is amended in section 17(2), by deleting paragraphs (a) to (d) and substituting for them the following: “(a) milk production; (b) milk processing; (c) dairy input supplies, manufacture or 10 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 importation; (e) milk collection; (f) milk wholesale; (g) milk distribution; (h) milk retail; (i) milk trade; (j) projects implemented industry; and in the dairy (k) any other activity as the Board may determine.”. Addition of section 25A - 16
AI-assisted research summary: This provision amends the principal Act by inserting new text after section 25 titled “Compounding of offences.”
16. The principal Act is amended by adding immediately after section 25 the following: “Compounding of offences - 25A Verify source ↗
(1) Notwithstanding
AI-assisted research summary: The Registrar may compound certain offences before court proceedings start, and may order payment of up to half the usual fine.
25A.-(1) Notwithstanding the provisions of this Act relating to penalties, where a person admits in writing that he has committed an offence under this Act or Regulations made there under the Registrar, or a person authorised by him in writing may, at any time prior to the the commencement of proceedings by a court of competent jurisdiction, compound such offence and order such person to pay a sum of money not exceeding one half of the amount of the fine to which person would otherwise have been liable to pay if he had been convicted of such offence. such comply with (2) Where to the person the fails compounding order issued under this section within the prescribed period, the Registrar or person 11 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 authorised by him may, in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the Regulations. (3) Where the person fails to comply with subsection (2), the Registrar may enforce the compounding order and interest accrued thereof in the same manner as a decree of a court. (4) The Registrar shall submit quarterly reports of all compounded offences under this section to the Director of Public Prosecutions. forms (5) The and manner of compounding of offences shall be as prescribed in the regulations made under this Act.”. Addition of sections 33A and 33B - 17 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by inserting new text immediately after section 33.
17. The principal Act is amended by adding immediately after section 33 the following: “Diary laboratory - 33A Verify source ↗
The Minister may,
AI-assisted research summary: The Minister may make regulations to establish a dairy laboratory, after consulting the Chief Government Chemist.
33A. The Minister may, upon consultation with the Chief Government Chemist, make regulations for the establishment of a dairy laboratory which shall, among other things, undertake research for the purpose of industry assisting dairy stakeholders the improvement of milk quality and generally, the promotion of dairy industry in accordance with the requirement of this Act. in 12 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 Appointment of inspectors in implementing relation to - 33B Verify source ↗
(1) Subject to section
AI-assisted research summary: The Board may delegate inspection-related powers to government or other relevant authorities, and local authority directors or relevant authority heads must provide a list of inspector candidates when asked by the Board.
33B.-(1) Subject to section 32(o), the Board may for the its purpose of to functions local inspection, delegate government authorities or other relevant authorities powers to carry out inspection and such other related activities under this Act. (2) of exercising of delegated functions under subsection (1), the Director of a local government authority or, as the case may be, the head of relevant authority shall, upon request and guidance of the Board, submit to the Board a list of for persons appointment as inspectors. purposes eligible For (3) A person shall be deemed to be an inspector under this Act upon receipt of a letter of appointment from the Registrar and shall have powers to perform functions the specified regulations.”. in PART V AMENDMENT OF THE EXECUTIVE AGENCIES ACT, (CAP. 245) Construction Cap.245 Amendment of section 3
Part
PART V
- 18
AI-assisted research summary: This Part must be read together with the Executive Agencies Act, called the principal Act.
18. This Part shall be read as one with the Executive Agencies Act, hereinafter referred to as the “principal Act”. - 19 Verify source ↗
Construction
AI-assisted research summary: In cases involving an Executive Agency, the Attorney General must be joined and served with notice; decree execution against property in an Executive Agency’s possession follows the Government Proceedings Act procedure.
19. The principal Act is amended in section 3 by adding immediately after subsection (6) the following: “(7) In any proceedings by or against 13 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 Cap. 5 Construction Cap.279 Amendment of section 8 Amendment of section 40 an Executive Agency, the Attorney General shall be joined as a necessary party, and a notice to that effect shall be served to the Attorney General. (8) Where a decree is to be executed in possession of an against property Executive Agency, procedure to execute decrees against Government property under the Government Proceedings Act shall apply.”. PART VI AMENDMENT OF FISHERIES ACT, (Cap. 279) - 55
AI-assisted research summary: This provision amends the principal Act by repealing section 19 and replacing it with new text.
55. The principal Act is amended by repealing section 19 and replacing for it the following- “Secretariat of Society - 19 Verify source ↗
Construction
AI-assisted research summary: This section creates a Secretariat to run the Society’s day-to-day administration and sets out the Council’s and Executive Director’s functions, appointment, term, and removal process.
19.-(1) There shall be a Secretariat of the Society which shall be responsible for the day to day management and administration of the affairs of the Society. (2) The functions of the Secretariat shall be to- (a) implement decisions of the Council; (b) assist the Council in the reports other the or preparation of and information members stakeholders; any for (c) support the committees, and zones Chapters, other bodies of the Society to discharge their functions; 30 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 (d) organise conferences of the Society; (e) raise funds and manage the financial affairs of the Society within the its approved limits of budget; (f) keep proper books and records of all financial affairs of the Society; (g) keep proper minutes and activity reports of the Society; (h) keep up to date records and database of members of the Society; aimed (i) develop and implement projects at realizing the objects of the Society its and strategic plans; and (j) perform activities attainment Society’s objectives. any in of other the the (3) The Council shall employ a person from amongst members or officers of the Society to be the Executive Director of the Secretariat. (4) The Executive Director shall be employed by the Council through and competitive recruitment process. transparent a (5) The Executive Director shall be the chief executive officer and the accounting officer of the Society and shall, in particular- 31 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 (a) be responsible for the recruitment of staff of the Secretariat; (b) be responsible for the preparation of periodic strategic plans, annual action plans and budget; (c) be responsible for the supervision and monitoring of the day to day implementation of objectives and functions of the society; (d) be responsible for raising funds of the Society; (e) be the Secretary to the Council; (f) be accountable Council; and to the (g) perform any other duties proper the for and management administration of the affairs of the Society. (6) A person shall not be eligible to be employed as the Executive Director of the Society unless that person- (a) is an advocate of the High Court of Tanzania courts the and subordinate thereto, with at ten years of least practice; (b) is of good moral standing in the society; and (c) has experience demonstrated in 32 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 management of the same position or its equivalent. (7) A person employed as Executive Director shall hold office for a term of five years and may be eligible to serve for one further term subject standing to performance. good (8) The Executive Director may be removed from office by the Council by votes of at least two thirds of the members on any of the following grounds- (a) inability perform to functions of the office due to mental or physical infirmity; (b) gross misconduct; (c) incompetence; (d) has been adjudged bankrupt; (e) desertion of office or duty; or (f) has been convicted of a offence criminal by punishable imprisonment a period of not less than two years. for (9) The Council shall, before removing the Executive Director- (a) notify the Executive Director, in writing, of the the intended removal; and reasons for (b) afford the Executive Director an opportunity to be heard in defence of 33 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 Repeal and replacement of section 21 allegations against him.”. brought - 56
AI-assisted research summary: This section amends the principal Act by repealing section 21 and replacing it with new text on Annual General Meeting.
56. The principal Act is amended by repealing section 21 and replacing for it the following: “Annual General Meeting - 21
AI-assisted research summary: The Council must convene the Society’s Annual General Meeting in the second week of April each year, and it may call other general meetings when circumstances allow.
21.-(1) The Council shall, in at least the second week of April of each calendar year, convene an Annual General Meeting of the Society. (2) The Council may, where circumstances so permit, convene other general meetings of the Society. (3) The Annual General Meeting shall be convened by way of representation. (4) The Annual General Meeting shall be duly constituted where it is composed of: (a) members of the Council; (b) members of all Standing Committees; (c) all Chapter leaders including members of their Standing Committees; (d) four members from each Chapter comprising of representatives of young lawyers, female lawyers, senior lawyers and persons with disability, all elected annually Chapter by members in the Chapter general meetings; (e) members of the Zonal Executive Committees; (f) two members from the Chapter zones elected from the zone members during 34 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 zonal meeting; and annual general (g) any other person, as the consider Council may necessary to invite. (5) Annual General Meetings shall be conducted as prescribed by Council.”. Amendment of section 22
Part
PART VI
- 20
AI-assisted research summary: This section says this Part must be read together with the Fisheries Act, called the principal Act.
20. This Part shall be read as one with the Fisheries Act, hereinafter referred to as the “principal Act”. - 21
AI-assisted research summary: If the Minister for local government authority is satisfied that a local authority has mismanaged fisheries-related functions, the Minister must take necessary measures to remedy it.
21. The principal Act is amended in section 8, by deleting subsection (5) and substituting for it the following: “(5) Subject to subsection (4), the Minister for local government authority shall, if satisfied that there is mismanagement of the functions related to the fisheries by the local authority, take necessary measures to remedy the mismanagement.”. - 22
AI-assisted research summary: This section amends section 40(1) of the principal Act by changing some wording and replacing two monetary amounts.
22. The principal Act is amended in section 40(1)- (a) in the opening phrase, by deleting the words “to this Act” and substituting for them the words “or in the regulations made under this Act”; (b) by deleting the words “one hundred thousand shillings” appearing (a) and substituting for them the words “one half of the amount of the fine to which such person would otherwise have been liable to pay if he had been convicted of such offence ”; and in paragraph (c) by deleting the words “ten thousand shillings” appearing in paragraph (b) and substituting for 14 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 Repeal and replacement of section 47 them the words “one million shillings”. - 23 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by repealing section 47 and replacing it with new text starting “Penalty for other offences”.
23. The principal Act is amended by repealing section 47 and replacing it with the following: “Penalty for other offences - 47
AI-assisted research summary: A person who breaks Act provisions with no specific penalty commits an offence and can be fined or imprisoned if convicted.
47. Any person who contravenes the provisions of this Act to which no specific penalty is prescribed commits an offence and shall, upon conviction, be liable- (a) in the case of offences involving unlawful fishing or fish trading or facilitating unlawful fishing or fish trading, to a fine of not less than ten million shillings but not exceeding fifty million shillings; (b) in the case of offences other than offences under paragraph (a), to a fine of not less than two hundred thousand shillings not exceeding ten million shillings, but or to imprisonment for a term of not less than two years but not exceeding ten years.”. PART VII AMENDMENT OF THE GOVERNMENT PROCEEDINGS ACT, (CAP. 5) Construction Cap. 5
Part
PART VII
- 24
AI-assisted research summary: This section says this Part must be read together with the Government Proceedings Act.
24. This Part shall be read as one with the Government Proceedings Act, hereinafter referred to as the “principal Act”. 15 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 Amendment of section 6 - 25 Verify source ↗
Construction
AI-assisted research summary: Section 25 amends section 6 so that suits against the Government must be brought against the alleged responsible public body after the notice period, and the Attorney General must be joined as a necessary party.
25. The principal Act is amended in section 6, by- (a) deleting subsection (3) and substituting for it the following- “(3) All suits against the Government shall, upon the expiry of the notice period, be brought against the Government, ministry, government department, local government authority, public corporation, parastatal organization or public company that is alleged to have committed the civil wrong on which the civil suit is based, and the Attorney General shall be joined as a necessary party. executive agency, (4) Non-joinder of the Attorney General as prescribed under subsection (3) shall vitiate the proceedings of any suit brought in terms of subsection (3).”; and (b) renumbering subsections (4), (5) and (6) as subsections (5), (6) and (7) respectively. Amendment of section 16 - 26 Verify source ↗
Amendment of section 16
AI-assisted research summary: This amendment expands the meaning of “Government” for section 16(3) to include several public bodies and certain majority-government-owned public companies.
26. The principal Act is amended in section 16, by adding immediately after subsection (3) the following: “(4) For the purposes of subsection (3), the word “Government” shall include a Government ministry, local government authority, independent department, executive agency, public corporation, parastatal organization or a public company established under any written law to which the Government is a majority shareholder.”. PART VIII AMENDMENT OF THE LAW OF THE CHILD ACT, (CAP. 13) Construction Cap.13 Amendment of section 97
Part
PART VIII
- 27
AI-assisted research summary: This Part must be read together with the Law of the Child Act, which is called the principal Act here.
27. This Part shall be read as one with the Law of the Child Act, hereinafter referred to as the “principal Act”. - 28 Verify source ↗
Construction
AI-assisted research summary: District Court premises or Resident Magistrate Court premises may be used as a Juvenile Court, and those courts may hear Juvenile Court matters.
28. The principal Act is amended in section 97, by- (a) deleting subsection (2) and substituting for it the 16 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 following: “(2) Without prejudice to subsection (1), a District Court premises or a Court of Resident Magistrate premises may be used as a Juvenile Court.”. (b) adding immediately after subsection (2) the following: “(3) Notwithstanding subsection (2), a District Court or a Court of Resident Magistrate may hear and determine any matter triable by a Juvenile Court. (4) For the purpose of subsection (3), a District Court or a Court of Resident Magistrate the procedure follow prescribed under section 99 of this Act. shall (5) A Juvenile Court established in terms of subsection (1) shall, as the case may be, be under the management and supervision of- (a) the District Court within the District in which the Juvenile Courts is established; and (b) the Resident Magistrate Court within the region that necessitates the establishment of the Juvenile Court.”; and (c) renumbering subsection (3) as subsection (6). PART IX AMENDMENT OF THE LOCAL GOVERNMENT (DISTRICT AUTHORITIES) ACT, (CAP. 287) Construction Cap.287
Part
PART IX
- 29
AI-assisted research summary: This Part is to be read together with the Local Government (District Authorities) Act, which is called the principal Act.
29. This Part shall be read as one with the Local Government (District Authorities) Act, hereinafter referred to as the “principal Act”. Amendment of section 26 - 30
AI-assisted research summary: The District Executive Director has a right to be joined in suits involving the Village Council, and the Village Council must notify the Director about any impending suit or intended suit against it.
30. The principal Act is amended in section 26, by adding immediately after subsection (2) the following: 17 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 “(3) Notwithstanding subsection (2), the District Executive Director shall have the right to be joined as a party in any suit or matter instituted by or against the Village Council, and for that purpose the Village Council shall have a duty to notify the District Executive Director of any impending suit or intention to institute a suit or matter against the Village Council.”. Amendment of section 190 - 31 Verify source ↗
Construction
AI-assisted research summary: A suit cannot be started against a local government authority unless a 90-day notice of intention to sue has first been served on the authority, with copies sent to the Attorney General and the Solicitor General.
31. The principal Act is amended in section 190, by deleting subsection (1) and substituting for it the following: “(1) No suit shall be commenced against a local government authority- (a) unless a ninety days’ notice of intention to sue has been served upon the local government authority and a copy thereof to the Attorney General and the Solicitor General; and (b) upon the lapse of the ninety days period for which the notice of intention to sue relates.”. PART X AMENDMENT OF THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT, (CAP. 288) Construction Cap.288
Part
PART X
- 32
AI-assisted research summary: This section says Part is to be read together with the Local Government (Urban Authorities) Act.
32. This Part shall be read as one with the Local Government (Urban Authorities) Act, hereinafter referred to as the “principal Act”. Amendment of section 106 - 33 Verify source ↗
Construction
AI-assisted research summary: A suit against an urban authority cannot be started until a 90-day notice of intention to sue has been served and the 90 days have passed.
33. The principal Act is amended in section 106, by deleting subsection (1) and substituting for it the following: “(1) No suit shall be commenced against an urban authority- (a) unless a ninety days’ notice of intention to sue has been served upon the urban authority and a copy thereof to the the Solicitor Attorney General and 18 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 General; and (b) upon the lapse of the ninety days the notice of period for which intention to sue relates.”. PART XI AMENDMENT OF THE MEAT INDUSTRY ACT, (CAP. 421) Construction Cap. 421
Part
PART XI
- 34
AI-assisted research summary: This Part must be read together with the Meat Industry Act.
34. This Part shall be read as one with the Meat Industry Act, hereinafter referred to as the “principal Act”. Amendment of section 2 - 35
AI-assisted research summary: The Act is amended so that it applies to Mainland Tanzania.
35. The principal Act is amended in section 2, by adding immediately after subsection (2) the following: “(3) This Act shall apply to Mainland Tanzania.”. Amendment of section 3 - 36
AI-assisted research summary: This amendment adds a definition of “meat industry stakeholder” for people involved in specified livestock and meat-related commercial activities.
36. The principal Act is amended in section 3, by adding in the appropriate alphabetical order the following new definition: livestock ““meat industry stakeholder” means a person involved in business or activity of commercial nature in areas of livestock production and trade, meat trade, slaughtering of livestock, meat processing, market, livestock market operation, livestock exportation and importation, meat or meat or input supplier, exportation, meat based meat livestock associations, input manufacturers, products marketing agents, butchery, abattoir owner or operator, slaughter man, and slaughter house owner or operator, meat festivals, competition and meat dealers, meat suppliers, meat meat importation product and 19 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 meat technology teachings of private nature or matters associated thereto;”. Repeal and replacement of section 5 - 37
AI-assisted research summary: This provision amends the principal Act by repealing section 5 and replacing it with new text about the composition of the Annual Council.
37. The principal Act is amended by repealing section 5 and replacing for it the following: “Composition of Annual Council - 5
AI-assisted research summary: The Annual Council must include the Chairman and members appointed by the Minister from specified ministries, organizations, institutions, universities, and NGOs.
5. The Annual Council shall consist of the Chairman and other members to be appointed by the Minister as follows: (a) one member from the Ministry responsible for livestock; (b) one member from the Ministry responsible for local government authorities; (c) one member from the Ministry responsible for co-operatives; (d) one member from each region representing registered meat industry stakeholder’s organization; (e) one member registered livestock traders’ organization; from national and meat (f) one member from registered national meat processors’ organization; (g) one member from registered national meat consumers’ organization; (h) one member from a 20 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 institution public food for responsible quality control or food and nutrition; (i) one member from universities among majoring in agriculture; and (j) two members from Non-Government Organizations active in meat industry development.”. Repeal and replacement of section 9 - 38
AI-assisted research summary: This section amends the principal Act by repealing section 9 and replacing it with new text starting with “Composition of Board”.
38. The principal Act is amended by repealing section 9 and replacing for it the following: “Composition of Board - 9
AI-assisted research summary: The Minister appoints the Board members, and the appointments must take gender into account with at least two female members.
9.-(1) The Board shall be composed of the Chairman and other members appointed by the Minister as follows: (a) one member representing the Ministry responsible for livestock; (b) one member representing the Ministry responsible for local government authorities; (c) one member the representing institution responsible for food quality control; member representing institutions industry for meat and research (d) one 21 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 development; (e) one member with background of agricultural economics; and (f) three members private sector. from (2) In appointing members of the Board under subsection (1), the Minister shall have due regard to gender, but in any case, at least two members shall be female.”. Amendment of section 33 - 39
AI-assisted research summary: This provision amends section 33(1) by replacing “fifty thousand” with “one hundred thousand” and adds new sections 33A and 33B.
39. The principal Act is amended in section 33(1), by deleting the words “fifty thousand” and substituting for them the words “one hundred thousand”. Addition of sections 33A and 33B - 40 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by adding a new provision titled “Restriction on importation and exportation of meat and meat products.”
40. The principal Act is amended by adding immediately after section 33 the following: “Restriction on importation and exportation of meat and meat products - 33A Verify source ↗
(1) A person who
AI-assisted research summary: Importing, exporting, or giving false export information about meat or meat products without the Board’s required clearance or authorisation is an offence.
33A.- (1) A person who imports into Mainland Tanzania any meat or meat product without obtaining an import clearance certificate, permit or approval from the Board, commits an offence, and shall, upon conviction be liable to a fine of not less than five million shillings but not exceeding fifty million to shillings imprisonment for a term of not less than two years or to both. or (2) A person who exports or attempts to export any meat or meat product without authorisation from the Board commits an offence and shall, upon conviction, be liable to a fine of not less than one million shillings but not exceeding 22 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 five million or to imprisonment for a term of not less than six months but exceeding twelve months or to both. (3) A person who provides false or misleading information to the Board with regard to quantity or value of meat or meat product for export, commits an offence and shall, upon conviction, be liable to a fine of not less than one million shillings but not exceeding three to shillings million imprisonment for a term not less than six months but not exceeding twelve months or to both. or Compounding of offences - 33B Verify source ↗
(1) Notwithstanding
AI-assisted research summary: The Registrar, or someone the Registrar authorizes in writing, may compound an admitted offence before proceedings start and may order payment of up to half the fine otherwise due.
33B.-(1) Notwithstanding the provisions of this Act relating to penalties, where a person admits in writing that he has committed an offence under this Act or any other sector legislation, the Registrar or a person authorised by him in writing may, at any time prior to the commencement of the proceedings competent a by jurisdiction, such offence and order such person to pay a sum of money not exceeding one half of the amount of the fine to which such person would otherwise have been liable to pay if he had been convicted of such offence. of compound court 23 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 (2) Where the person fails to comply with the compounding order issued under this section within the prescribed period, the Registrar or a person authorised by him may, in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations. (3) Where the person fails to comply with subsection (2), the Registrar may the compounding order and interest accrued thereof in the same manner as a decree of a court. enforce (4) The Registrar shall submit quarterly reports of all compounded offences under this section to the Director of Public Prosecutions. (5) The forms and manner of compounding of offences shall be as prescribed in the regulations made under this Act.”. PART XII AMENDMENT OF THE PENAL CODE, (CAP. 16) Construction Cap.16 Amendment of section 138C
Part
PART XII
- 41
AI-assisted research summary: This section says Part 41 must be read together with the Penal Code, which it calls the principal Act.
41. This Part shall be read as one with the Penal Code, hereinafter referred to as the “principal Act”. - 42 Verify source ↗
Construction
AI-assisted research summary: This section amends section 138C(1) of the principal Act by adding a new paragraph about conduct involving a male person under 18, whether or not he consents.
42. The principal Act is amended in section 138C(1), by adding immediately after paragraph (c) the following: “(d) with or without the consent of a male person who is under the age of eighteen years.”. 24 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 PART XIII AMENDMENT OF THE PROBATE AND ADMINISTRATION OF ESTATES ACT (CAP. 352) Construction Cap.352 Amendment of section 107
Part
PART XIII
- 43
AI-assisted research summary: This section says this Part must be read together with the Probate and Administration of Estates Act.
43. This Part shall be read as one with the Probate and Administration of Estates Act, hereinafter referred to as the “principal Act”. - 44 Verify source ↗
Construction
AI-assisted research summary: This section changes the penalty in section 107(3) to a higher fine or longer imprisonment term.
44. The principal Act is amended in section 107(3), by deleting the words “to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months” and substituting for them the words “to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years”. PART XIV AMENDMENT OF THE TANGANYIKA LAW SOCIETY ACT, (CAP. 307) Construction Cap.307 Amendment of section 2
Part
PART XIV
- 45
AI-assisted research summary: This Part must be read together with the Tanganyika Law Society Act.
45. This Part shall be read as one with the Tanganyika Law Society Act, hereinafter referred to as the “principal Act”. - 46
AI-assisted research summary: This provision adds several defined terms to section 2 of the principal Act.
46. The principal Act is amended in section 2, by adding in their appropriate alphabetical order the following definitions: ““Chapter” means Chapter established under section 17A; “Chapter zones” means Chapter zones established under the provisions of section 17A; “member” means a member of the Tanganyika Law Society; “member in good standing” means a member with good ethical standards and has renewed his membership by paying the subscription fees and complies with all the requisite conditions for renewal of membership for a particular 25 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 year; “Minister” means the Minister responsible for legal affairs; “non-practicing advocate” means a member of the Tanganyika Law Society who does not possess a practicing certificate issued under the provision of section 35 of the Advocates Act; “Secretariat” means Tanganyika Law Society Secretariat established under section 19;”. Cap. 341 Amendment of section 4 - 47
AI-assisted research summary: This provision amends section 4 of the principal Act by adding the word “Parliament” after “Government” in paragraph (c).
47. The principal Act is amended in section 4, by inserting the word “, Parliament” immediately after the word “Government” appearing in paragraph (c). Amendment of section 6 - 48
AI-assisted research summary: This section amends section 6 of the principal Act by adding a new paragraph covering persons admitted in the roll who have sought suspension to practice and have received the Chief Justice’s approval.
48. The principal Act is amended in section 6, by adding immediately after paragraph (c) the following: “(d) all persons who are admitted in the roll and have sought suspension to practice and received approval of the Chief Justice.”. Amendment of section 8 - 49
AI-assisted research summary: This provision amends section 8(1) of the principal Act by replacing paragraph (a), deleting paragraph (b), and renumbering later paragraphs.
49. The principal Act is amended in section 8(1), by- (a) deleting paragraph (a) and substituting for it the following: “(a) Solicitor the Attorney-General, Director of Public Prosecutions, General, Parliamentary Draftsman and State Attorneys in the public service, for the time being resident in Tanzania, and any other person duly qualified holding office in the Office of the Attorney- General, National Prosecutions Service and the Office of the Solicitor General;”; (b) deleting paragraph (b); (c) renaming paragraphs (c), (d), (e) as paragraphs (b),(c) and (d) respectively. 26 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 Amendment of section 9 - 50
AI-assisted research summary: This provision amends section 9 by replacing the word “elect” with “appoint”.
50. The principal Act is amended in section 9, by deleting the word “elect” and substituting for it the word “appoint”. Amendment of section 15 - 51
AI-assisted research summary: The section changes the Council’s composition, election term, and vacancy-filling rules.
51. The principal Act is amended in section 15, by- (a) deleting subsection (1) and substituting for it the following- “(1) For the proper governance of the affairs of the Society, there shall be a Council consisting of a President, Vice- President, Honorary Treasurer and eight other members, all of whom shall be members of the Society duly elected during the Society’s General Election. (2) The eight members of the Council referred to in subsection (1) shall comprise of seven zonal leaders and one member representing association of young lawyers.”; an (b) renumbering subsections (2) and (3) as subsections (3) and (4); (c) adding immediately after subsection (4) as renumbered, the following: “(5) The President, Vice President, Honorary Treasurer and the eight other members shall be elected for a term of one year and shall be eligible for re-election for one further term. (6) The President, the Vice- President, Honorary Treasurer and other members of the Council shall assume office immediately after being sworn-in and hold office until expiration of the tenure, Provided that: event death, in the resignation, or disqualification of the President, of removal (a) 27 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 appoint Vice President or Honorary Treasurer during his term of office, the vacancy so created shall be filled by qualified persons who are members of the Council and in the case of absence of a qualified member, the Nomination Committee shall qualified member to fill the vacancy; the occurrence of death, in resignation, or disqualification of any other member of the Council during his the of Nomination Committee shall appoint a qualified member to fill the vacancy.”. removal office, term a (b) Repeal and replacement of section 16 - 52
AI-assisted research summary: This section amends the principal Act by repealing section 16 and replacing it with new text headed “Powers and duties of Council.”
52. The principal Act is amended by repealing section 16 and replacing for it the following- “Powers and duties of Council - 16
AI-assisted research summary: The Council has powers to manage the Society’s affairs and governance, including appointing the Executive Director, approving plans and budgets, and overseeing controls and conduct.
16. The Council shall have the powers to- (a) exercise all powers of governance for and on behalf of the Annual General Meeting; (b) govern the affairs of the Society; (c) establish chapters and chapter zones; (e) approve (d) employ the Executive Director of the Society; the Society strategic plans, action plans and budget of the Society; (f) oversee the 28 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 and implementation of the strategic Society’s initiatives its functioning within the agreed framework, in with accordance relevant statutory and regulatory structures; (g) ensure the adequacy of financial, operational systems and internal controls; (h) ensure the implementation of corporate ethics and the Code of Conduct; (i) convene Annual General Meetings; and (j) perform any other duty in relation to the affairs of the Society subject to this Act or regulations hereunder.”. made Addition of section 17A
Part
chapter zones;
- 53
AI-assisted research summary: This section amends the principal Act by inserting new text immediately after section 17, but the inserted text is incomplete in the source provided.
53. The principal Act is amended by adding immediately after section 17 the following- “Chapters of Society - 17A Verify source ↗
(1) There
AI-assisted research summary: The Council must establish Chapter zones, consider the size of the zone and number of Advocates when doing so, and may make rules for the conduct and operations of Chapters and Chapter zones.
17A.-(1) There shall be Chapters of the Society in designated regions as the Council may consider necessary. (2) There shall be Chapter zones established by the Council for proper governance and management of the affairs of the Chapters. (3) In establishing Chapter zones under this section, the Council shall, for the purpose of ensuring 29 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 even representation of Advocates in a Chapter zone, have regards to the proportionality of the size of the zone and the number of Advocates in that zone. (4) The Council may make rules to govern the conduct and operations of Chapters and Chapter zones.”. Amendment of Part V
Part
Part V
- 54
AI-assisted research summary: This provision amends the principal Act by replacing the title to Part V with “PART V SECRETARIAT.”
54. The principal Act is amended by deleting the title to Part V and substituting for it the following: PART V SECRETARIAT Repeal and replacement of section 19
Part
Chapter zones elected from
- 57
AI-assisted research summary: The Council may convene a general meeting of the Society if at least one third of members of good standing, with equal representation from each Chapter, requisition it in writing and sign and deposit the notice with the Executive Director.
57. The principal Act is amended in section 22, by deleting subsection (1) and substituting for it the following: “(1) Notwithstanding section 21, the Council may convene a general meeting of the Society where at least one third of members of good standing consisting of equal percentage representation from each Chapter, at any time requisition a general meeting by written notice in that behalf signed by them, specifying the object of the proposed meeting, and deposit with the Executive Director.”. Amendment of section 28 - 58
AI-assisted research summary: The Council must submit the AGM or general meeting report to the Minister within two months after the report is confirmed.
58. The principal Act is amended in section 28, by- (a) designating the contents of section 28 as contents of subsection (1); (b) adding immediately after subsection (1) as designated the following: “(2) The Council shall submit to the Minister report of the Annual General Meeting or general meeting as the case may be within two months after the report have been confirmed by the Annual General Meeting or general meeting respectively.”. Repeal and replacement of section 29 - 59
AI-assisted research summary: This provision amends the principal Act by repealing section 29 and replacing it with new text starting with “Accounts of Society”.
59. The principal Act is amended by repealing section 29 and replacing for it the following- “Accounts of Society - 29
AI-assisted research summary: The Council must keep and have the Society’s accounts audited, present the accounts and auditor’s report to the Annual General Meeting, and send a copy to the Minister and the Minister responsible for finance within six weeks after the report is presented.
29.-(1) The Council shall cause proper accounts of all funds, 35 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 property and assets of the Society to be kept, and to be audited, by an auditor approved by the Annual General Meeting from amongst auditors approved by the Minister responsible for finance. the audited (2) The Council shall present accounts, together with the auditor’s report to the Annual General Meeting convened at a time and manner prescribed in accordance with section 21. (3) The Council shall serve a copy of the audited accounts together with the auditor’s report to the Minister and the Minister responsible for finance within six weeks after the report is presented at the Annual General Meeting.”. Repeal and replacement of section 30 - 60 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by repealing section 30 and replacing it with new text.
60. The principal Act is amended by repealing section 30 and replacing for it the following- “Reports and accounts - 30
AI-assisted research summary: The Council must present an annual report of the Society’s activities at the Annual General Meeting and send a copy to the Minister within six weeks after that presentation.
30.-(1) The Council shall, in the Annual General Meeting, present to the Society an annual report of the activities of the Society. (2) The Council shall deliver a copy of the annual report to the Minister within six weeks after being presented at the Annual General Meeting.”. 36 No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 PART XV AMENDMENT OF THE TRUSTEES’ INCORPORATION ACT, (CAP. 318) Construction Cap.318
Part
PART XV
- 61
AI-assisted research summary: This section says Part 61 is to be read together with the Trustees’ Incorporation Act (the principal Act) and refers to an amendment of Section 2.
61. This Part shall be read as one with the Trustees’ Incorporation Act, hereinafter referred to as the “principal Act”. Amendment of Section 2 - 62
AI-assisted research summary: The Administrator-General may require disclosure of the names of a trust’s settlors and beneficiaries, either before incorporation or later.
62. The principal Act is amended in section 2, by adding immediately after subsection (3) the following: “(4) The Administrator-General may, before a trust is incorporated or at any later stage after incorporation, require disclosure of the names of settlors and beneficiaries of the trust.”. Amendment of section 8 - 63 Verify source ↗
Construction
AI-assisted research summary: This provision amends section 8(1)(c) of the principal Act by adding more words after “land.”
63. The principal Act is amended in section 8(1), by adding the words “finance, shares, monies, securities, stock or other property after the word “land,” wherever it appears in paragraph (c). Passed by the National Assembly on the 28th January, 2020. STEPHEN KAGAIGAI Clerk of the National Assembly 37
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