The Written Laws (Miscellaneous Amendments) (No.2) Act, 2018
This provision amends section 9 of the principal Act by replacing the words “such officers” with “Law Officers and State Attorneys”.
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- The Written Laws (Miscellaneous Amendments) (No.2) Act, 2018
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About this statute
This provision amends section 9 of the principal Act by replacing the words “such officers” with “Law Officers and State Attorneys”. This section changes Part III by replacing subheading (a) with a new title and repealing and replacing section 10. This section amends the principal Act by repealing section 10 and replacing it with new text. The Attorney General and the Office of the Attorney General must coordinate with named legal offices, receive performance reports, follow up on Government Legal Team decisions, and advise key state bodies. The Minister may make rules to help carry out the section. This provision repeals sections 11, 13, and 14 of the principal Act.
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Provisions of The Written Laws (Miscellaneous Amendments) (No.2) Act, 2018
Showing 56 of 56
- 67 Verify source ↗
Amendment of section 9
AI-assisted research summary: This provision amends section 9 of the principal Act by replacing the words “such officers” with “Law Officers and State Attorneys”.
67. The principal Act is amended in section 9 by deleting the words “such officers” and substituting for them the words “Law Officers and State Attorneys”. Amendment of Part III - 68 Verify source ↗
Amendment of Part III
AI-assisted research summary: This section changes Part III by replacing subheading (a) with a new title and repealing and replacing section 10.
68. The principal Act is amended in Part III by deleting subheading (a) and substituting for it the following: “(a) Special Provisions in Relation to the National Prosecutions Service, the Office of the Solicitor- General and the Administrator- General”. Repeal and replacement of section 10 - 69 Verify source ↗
Repeal and replacement of section 10
AI-assisted research summary: This section amends the principal Act by repealing section 10 and replacing it with new text.
69. The principal Act is amended by repealing section 10 and replacing it with the following: “Relationship of Office of Attorney General and other offices the Office of - 10 Verify source ↗
Amendment of section 73
AI-assisted research summary: The Attorney General and the Office of the Attorney General must coordinate with named legal offices, receive performance reports, follow up on Government Legal Team decisions, and advise key state bodies. The Minister may make rules to help carry out the section.
10.-(1) Without prejudice to the generality of Article 59B of the Constitution, the Attorney General shall advise and maintain a link with the National Prosecutions Service, the Office of the Solicitor-General the for better Administrator-General their respective carrying out of duties. and (2) For the purposes of subsection (1), the Office of the Attorney General shall- 49 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 (a) receive copies of bi- performance annual from the reports Prosecutions National of Office Service, Solicitor General and the Administrator General; (b) follow-up on the the implementation of decisions reached by the Government Legal Team; and (c) advise the Government, the National Assembly and Judiciary the accordingly. (3) The Minister may make rules for better carrying out the provisions of this section.”. Repeal of sections 11, 13 and 14 Amendment of PART IV - 70 Verify source ↗
Repeal of sections11, 13 and 14
AI-assisted research summary: This provision repeals sections 11, 13, and 14 of the principal Act.
70. The principal Act is amended by repealing sections 11, 13 and 14. - 71 Verify source ↗
Amendment of Part IV
AI-assisted research summary: This section amends Part IV by replacing its heading with a new heading about the Attorney General, Law Officers, and State Attorneys in the public service.
71. The principal Act is amended in Part IV by deleting the heading and substituting for it the following: “THE ATTORNEY GENERAL, LAW OFFICERS AND STATE ATTORNEYS IN THE PUBLIC SERVICE” Repeal and replacement of section 15 - 72 Verify source ↗
Repeal and replacement of section 15
AI-assisted research summary: This section repeals section 15 of the principal Act and replaces it with new text.
72. The principal Act is amended by repealing section 15 and replacing it with the following: “Law Officers and State Attorneys - 15 Verify source ↗
Repeal of section 9
AI-assisted research summary: This section keeps Law Officers and State Attorneys in specified government bodies in existence and gives the Attorney General and Solicitor-General powers over their legal work.
15.-(1) There shall continue in existence in ministries, local authorities, government independent departments, government institutions, agencies, parastatal public organizations, Law Officers and State Attorneys who by virtue of corporations, 50 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 their qualifications, job description and duties, perform legal functions. (2) The Attorney General may issue directions either general or specific to any Law Officer or State Attorney in public service other than those under the National Prosecutions Service or the Office of the Solicitor-General with regard to the manner of performing the legal their functions within respective offices. (3) The Solicitor-General may issue each Law Officer and State Attorney in ministries, local authorities, government independent departments and other government institutions, agencies and organisations with Practice the Instrument bearer to appear in court in cases where the Attorney General is a party. that will entitle (4) Without prejudice to subsection (2) the Attorney General may local direct Ministries, authorities, Government independent departments, agencies, public parastatal organizations or other government organizations to submit reports on the legal functions.”. corporations, performance of Amendment of section 16 - 73 Verify source ↗
Amendment of section 16
AI-assisted research summary: Section 16 is amended so certain Attorney General functions may be carried out by authorised Law Officers or State Attorneys, and job description alone does not make a person one of those roles.
73. The principal Act is amended in section 16, by- (a) deleting the marginal note and substituting for it the following: “Functions to be performed by Law Officers and State Attorneys” 51 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 (b) deleting subsections (1) and (2) and substituting for them the following: “(1) The functions which are, by the Constitution, this Act or by any other written law, required to be performed by or on behalf of the Attorney General, may be performed by a Law Officer or a State Attorney authorised by the Attorney General pursuant to the provisions of this Act. (2) A person shall not become a Law Officer or State Attorney only for the reason that his job description includes performing legal functions.”. (c) deleting subsection (3); and (d) renumbering subsection (4) as subsection (3). Addition of sections 16A and 16B - 74 Verify source ↗
Addition of sections 16A and 16B
AI-assisted research summary: This section amends the principal Act by adding new sections 16A and 16B after section 16.
74. The principal Act is amended by adding immediately after section 16 the following sections- “Professional Association of lawyers in public service - 16A Verify source ↗
(1) The Attorney General
AI-assisted research summary: The Attorney General may set up a professional association for public service lawyers, and the Minister may regulate it and call meetings.
16A.-(1) The Attorney General may establish a professional association of lawyers in the public service. (2) The association shall be a professional forum of lawyers in the public service to meet once a year and issues deliberate on various including professional development and other matters of concern. legal (3) The report of the meeting shall be submitted to the Minister. (4) The Minister may make regulations for the proper management, leadership, organisation and conduct of the business of the association. (5) Without prejudice to the foregoing provisions, the Minister may, from time to time, call meetings of lawyers in the public service in order to them of policy development inform 52 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 Roll of State Attorneys issues with regard to the legal sector and the public service in general. - 16B Verify source ↗
(1) The Attorney General
AI-assisted research summary: The Attorney General must keep a Roll of all State Attorneys and enter every State Attorney’s name in it.
16B.-(1) The Attorney General shall establish and keep a Roll of all State Attorneys. (2) The Attorney General shall enter in the Roll the name of every State Attorney and the order of entry of such names shall be according to precedence of such State Attorneys as between themselves. (3) Nothing in this section shall prejudice or affect the qualification or status of any person who before the the Roll of State establishment of Attorneys was a State Attorney.”. Amendment of section 17 - 75 Verify source ↗
Amendment of section 17
AI-assisted research summary: This provision amends section 17 of the principal Act, replacing references to the Attorney General with the Solicitor-General and setting out a procedure for pending proceedings where the Solicitor-General lacks a right of audience.
75. The principal Act is amended in section 17, by- (a) inserting the word “shall” appearing in the second line of subsection (1), the words “through the Solicitor-General”; immediately after (b) deleting the words “Attorney General” appearing in the second line of subsection (2) and substituting for them the words “Solicitor-General”; (c) deleting subsection (3) and substituting for it the following: “(3) Where a suit, inquiry or any other proceeding is pending before the court, tribunal or any other administrative body to which the Solicitor-General does not have a right of audience, it shall be sufficient for the Solicitor- General to file a certificate of the intention of the Attorney General to be joined and the court, tribunal or any such administrative body shall immediately forward the record of the proceedings to the nearest court, tribunal or administrative body for purposes of enabling the Solicitor-General to appear.”. 53 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 Amendment of section 18 - 76 Verify source ↗
Amendment of section 18
AI-assisted research summary: This section amends section 18 and gives certain Law Officers and State Attorneys a right of audience in court matters involving a local government authority or the Attorney-General, under the Solicitor-General’s auspices.
76. The principal Act is amended in section 18, by- (a) deleting the words “offices of all solicitors of” appearing in subsection (1) and substituting for them the words “State Attorneys in”; (b) deleting subsection (2) and substituting for it the following: there Secretary is a need “(2) Where for appointing a Law Officer to head or to perform the functions referred to in subsection (1), the Permanent the Ministry responsible for local government authorities may, after consultation with the Attorney General and Solicitor-General, appoint the Law Officer from the Ministry responsible for local government authorities, Office of the Attorney General or Office of the Solicitor-General.”; of (c) deleting subsection (3); (d) inserting immediately after the words “Attorney General” appearing in subsection (5) the words “Director of Public Prosecutions and the Solicitor- General”; (e) deleting subsection (6) and substituting for it the following: “(6) The Law Officer appointed in accordance with this section or any other Law Officer or State Attorney in the service of the local government authority shall, under the auspices of the Solicitor-General, have the right of audience in any matter before the court in which a local government authority or the Attorney-General is a party.”; (f) re-numbering subsections (4), (5) and (6) as subsections (3), (4) and (5) respectively. Amendment of section 19 - 77 Verify source ↗
Amendment of section 19
AI-assisted research summary: This section amends section 19 of the principal Act by deleting the words “or legal officer”.
77. The principal Act is amended in section 19 by deleting the words “or legal officer”. 54 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 Amendment of section 20 Amendment of section 21 - 78 Verify source ↗
Amendment of section 20
AI-assisted research summary: Section 20 of the principal Act is amended by deleting the words “or any legal officer”.
78. The principal Act is amended in section 20 by deleting the words “or any legal officer”. - 79 Verify source ↗
Amendment of section 21
AI-assisted research summary: Employers of law officers and state attorneys must notify the Attorney General about disciplinary cases involving those employees under their supervision and control.
79. The principal Act is amended in section 21 by deleting subsection (3) and substituting for it the following: “(3) Notwithstanding the provisions of this section, all matters regarding administration or discipline in respect of Law Officers and State Attorneys local government authorities, independent departments, agencies, public corporations and parastatal organizations shall be under the supervision and control of their respective employers. the ministries, in Amendment of section 22 (4) Employers of law officers and state attorneys shall have the duty to notify the Attorney General on all disciplinary cases against law officers and state attorneys under their supervision and control.” - 80 Verify source ↗
Amendment of section 22
AI-assisted research summary: Section 22 is amended to replace the listed officials in subsection (1), and to require certain authorities to clearly state the matter and issues when asking the Attorney General for an opinion on a reserved matter.
80. The principal Act is amended in section 22, by- (a) deleting the words “Minister, Permanent Secretary, head of Department or Agency” appearing in subsection (1) and substituting for them the words “ministry, local government authority, independent department, government institution, agency or organisation”; (b) deleting subsection (2) and substituting for it the following: authority, “(2) Where the opinion of the Attorney General is requested in relation to any matter reserved to the Attorney General, the ministry, local government independent department, government institution, agency or organisation shall state clearly the matter and issues involved together with any opinion that may have been given from within such authority, ministry, government independent government department, local 55 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 institution, agency or organisation.” Amendment of section 23 - 81 Verify source ↗
Amendment of section 23
AI-assisted research summary: This section amends section 23 of the principal Act by inserting “, the Cabinet.” after “a court of competent jurisdiction.”
81. The principal Act is amended in section 23 by adding immediately after the words “a court of competent jurisdiction” the words “, the Cabinet.” Amendment of Part VII - 82 Verify source ↗
Amendment of Part VII
AI-assisted research summary: This section amends Part VII of the principal Act by replacing its heading with a new heading about the Attorney General, Law Officers, and other State Attorneys in public service.
82. The principal Act is amended in Part VII by deleting the heading and substituting for it the following: “ATTORNEY GENERAL, LAW OFFICERS AND OTHER STATE ATTORNEYS IN PUBLIC SERVICE” Amendment of section 24 - 83 Verify source ↗
Amendment of section 24
AI-assisted research summary: This section amends section 24 by replacing “Deputy Attorney General” with “ministry, local government independent department, government institution, agency or organisation” in subsection (1).
83. The principal Act is amended in section 24 by deleting the words “Deputy Attorney General” appearing in subsection (1) and substituting for them the words “ministry, local government independent department, government institution, agency or organisation”. authority, Repeal and replacement of section 25 - 84 Verify source ↗
Repeal and replacement of section 25
AI-assisted research summary: This section amends the principal Act by repealing section 25 and replacing it with new text.
84. The principal Act is amended by repealing section 25 and replacing it with the following: “Government Legal Team - 25 Verify source ↗
Amendment of section 5
AI-assisted research summary: This section establishes the Government Legal Team, sets its membership, and requires it to meet, report, and manage its own procedures.
25.-(1) There is established a Team to be known as the Government Legal Team which shall undertake strategic legal analysis and forecast with regard to legal services rendered as well as adjudicatory prosecutorial services provided. and (2) The Team shall consist of- (a) the Attorney-General who shall be the Chairman; (b) the Director Prosecutions; of Public (c) the Solicitor-General; (d) the Administrator-General; (e) the Executive Secretary of the Law Reform Commission of Tanzania; (f) the Chief Draftsman; Parliamentary (g) the Director of Legal Services 56 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 in the Ministry responsible for legal affairs; and (h) the Director of Legal Services in the Ministry responsible for local governments. (3) The Attorney General shall appoint a Law Officer from the Office of the Attorney General to be a Secretary to the Team. (4) The Team may co-opt any person as it deems necessary. (5) The Team shall meet at least twice a year but may meet at any time if there is any issue to be discussed for the purpose of improving the legal services. (6) The quorum at any meeting the the Team shall be half of of members. (7) The Team may regulate its own proceedings. (8) The Team shall prepare a report of its deliberations and submit the same to the Minister.”. Amendment of section 26 - 85 Verify source ↗
Amendment of section 26
AI-assisted research summary: This section amends section 26 by removing the words “and other legal officers,” and it also states that sections 27 and 28 are repealed and replaced.
85. The principal Act is amended in section 26 by deleting the words “and other legal officers” appearing in that section. Repeal and replacement of sections 27 and 28 - 86 Verify source ↗
Repeal and replacement of sections 27 and 28
AI-assisted research summary: This section repeals sections 27 and 28 of the principal Act and replaces them with new text headed “Code of Ethics.”
86. The principal Act is amended by repealing sections 27 and 28 and replacing them with the following- “Code of Ethics - 27 Verify source ↗
Amendment of section 8
AI-assisted research summary: This section sets up a Code of Ethics for Law Officers and State Attorneys, places administration and enforcement under their employers, requires liaison with the Ministry, and allows the Chief Justice to make supporting rules.
27.-(1) There shall be a Code of Ethics for Law Officers and State Attorneys in the public service to be prescribed by the Minister. (2) All matters regarding administration or enforcement of the Code of Ethics for Law Officers and State Attorneys in the public service 57 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 G.N No. 168 of 2003 Orders, etc and sanctions for breach of Code of Ethics G.N. No. 168 of 2003 shall be under control of their respective employers. the supervision and (3) Notwithstanding the Public the Attorney Service Regulations, allegations of refer General may professional misconduct against a Law Officer or a State Attorney the Advocates Committee. to (4) Each Permanent Secretary independent the and every head of department, institution, government agency or organisation shall liaise with the Ministry in the administration of the Code of Ethics in respect of Law Officers and State Attorneys employed in their respective offices. (5) The Chief Justice may, in consultation with the Minister, make rules for better carrying out referrals to the the Advocates Committee by Attorney General under subsection (3) of this section. - 28 Verify source ↗
Amendment of section 9
AI-assisted research summary: The Attorney General may issue orders, practice notes, and other instruments to improve the management and organisation of the Office of the Attorney General.
28.-(1) The Attorney General may issue General or Standing Orders, Practice Notes and other instruments as he may deem fit for purposes of better management and organisation of the Office of the Attorney General. (2) Any Law Officer or State a Attorney who breaches the Code of professional Ethics commits to misconduct and shall be liable disciplinary the employer in accordance to the Public Service Regulations.” through actions Repeal of the Schedule
Part
Schedule
- 87 Verify source ↗
Repeal of the Schedule
AI-assisted research summary: This section repeals the Schedule to the Office of the Attorney General (Discharge of Duties) Act.
87. The Schedule to the Office of the Attorney General (Discharge of Duties) Act is hereby repealed. 58 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 PART XI AMENDMENT OF THE PREVENTION AND COMBATING OF CORRUPTION ACT, (CAP. 329) Construction Cap. 329 Amendment of section 34
Part
PART XI
- 88 Verify source ↗
Construction
AI-assisted research summary: This Part must be read together with the Prevention and Combating of Corruption Act (the principal Act).
88. This Part shall be read as one with the Prevention and Combating of Corruption Act, hereinafter referred to as the “principal Act”. - 89 Verify source ↗
Amendment of section 34
AI-assisted research summary: This section amends section 34 of the principal Act by replacing references to “Attorney General” in subsections (2), (3), and (6) with “Director of Public Prosecutions”.
89. The principal Act is amended in section 34 by deleting in the words “Attorney General” appearing subsections (2), (3) and (6) and substituting for them the words “Director of Public Prosecutions”. PART XII AMENDMENT OF THE PREVENTION OF TERRORISM ACT, (CAP.19) Construction Cap.19
Part
PART XII
- 90 Verify source ↗
Construction
AI-assisted research summary: This section says this Part is to be read together with the Prevention of Terrorism Act and notes an amendment to section 34.
90. This Part shall be read as one with the Prevention of Terrorism Act, hereinafter referred to as the “principal Act”. Amendment of section 34 - 91 Verify source ↗
Amendment of section 34
AI-assisted research summary: This section replaces section 34(3) so that a Court may, on an ex parte application by the Director of Public Prosecutions, order the case to proceed as stated in section 188 of the Criminal Procedure Act.
91. The principal Act is amended in section 34 by deleting subsection (3) and substituting for it the following: Cap.20 “(3) A Court may, on an ex-parte application by the Director of Public Prosecutions, order that the case proceeds in a manner stated in section 188 of the Criminal Procedure Act.”. PART XIII AMENDMENT OF THE PROCEEDS OF CRIME ACT, (CAP. 256) Construction Cap. 256 General amendment
Part
PART XIII
- 92 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Proceed of Crime Act.
92. This Part shall be read as one with the Proceed of Crime Act, hereinafter referred to as the “principal Act”. - 93 Verify source ↗
General amendment
AI-assisted research summary: This section generally amends the principal Act by replacing several terms used throughout it.
93. The principal Act is amended generally by- (a) deleting the words “the Attorney General” wherever they appear in the Act and substituting for them the words “the Director of Public 59 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 Prosecutions.” (b) deleting the word “defendant” wherever it appears in the Act and substituting for it the word “respondent”; (c) deleting the words “foreign specified offence” wherever they appear in the Act and substituting for them the words “foreign serious offence”; (d) deleting the words “specified offence” wherever they appear in the Act and substituting for them the words “serious offence”; and (e) deleting the words “Treasury Registrar” wherever they appear in the Act and substituting for them the words “Permanent Secretary in the Ministry responsible for Treasury.”. Amendment of section 3 - 94 Verify source ↗
Amendment of section 3
AI-assisted research summary: This provision amends section 3 of the principal Act by changing and adding several definitions.
94. The principal Act is amended in section (3),by- (a) deleting the definitions of the terms “serious offence” and “specified offence” and substituting for them the following: “serious offence” means an offence against provisions of any law in Tanzania of which the maximum penalty is death or imprisonment for a period of not less than twelve months and includes any offence in which property has been used or proceeds have been generated or benefits have been derived; “specified offence” means an offence against the provisions of any law in a foreign state for conduct which, had it occurred in Tanzania would constitute a serious offence under the laws of Tanzania; in the word “High” appearing the (b) deleting definition of the term “Trustee”; (c) inserting in the appropriate alphabetical order the following new definition: Cap. 6 ““document has the meaning ascribed to it under the Evidence Act;”. 60 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 Repeal and replacement of section 31A - 95 Verify source ↗
Repeal and replacement of section 31A
AI-assisted research summary: This section repeals section 31A of the principal Act and replaces it with a new provision about freezing a bank account.
95. The principal Act is amended by repealing section 31A and replacing it with the following: “Freezing of bank account Investigation - 31A Verify source ↗
(1) Where
AI-assisted research summary: Police-related authorities may order a bank account frozen and documents seized for 14 days, and the court can extend, vary, or cancel that order.
31A.-(1) Where the Inspector General of Police or the Director of Criminal suspects on reasonable grounds that any person has been involved in the commission of a serious offence, he may authorise and direct a police officer of the rank of Assistant Superintendent of Police or above to freeze a bank account and seize any document that bank or from financial institution for fourteen days during which leave of the court for continued seizure and freezing shall be obtained. (2) Upon application, the court may order extension of a period of seizure or freezing an account where there are reasonable grounds to suspect that the money held in the account is related to the commission of a serious offence. (3) Where the court orders an extension of period of seizure or freezing of an account under sub section (2), it may, at any later time vary or set aside that order where the continued seizure or freezing is no longer required or upon production of additional evidence, and where the court is satisfied that money held into the account is not related to the commission of a serious crime.” Addition of sections 31B and 31C - 96 Verify source ↗
Addition of sections 31B and 31C
AI-assisted research summary: This provision amends the principal Act by inserting new sections after section 31A.
96. The principal Act is amended by adding immediately after section 31A the following new sections: 61 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 “Collecting information or document relating to property Disclosure of investigation information - 31B Verify source ↗
(1) For the purpose of
AI-assisted research summary: An investigation officer may question and record statements from people with information or documents about the property, and a person who fails without reasonable cause to comply may commit an offence.
31B.-(1) For the purpose of collecting information about the property under this Act or any other law, an summon, investigation officer may interrogate and record a statement from any person who has information or document relating to the property. (2) Any person who fails without reasonable cause to appear before the investigation officer for interrogation or to produce a document or any other thing relevant to investigation of the property under subsection (1) or being a witness at such investigation refuses to answer any question put to him or to produce any document or any other thing relevant to investigation commits an offence and upon conviction shall be liable to a fine of not less than one million shillings or to imprisonment for a term of not less than three years or to both. - 31C Verify source ↗
(1) Any
AI-assisted research summary: A person must not disclose investigation information to a suspect or unauthorised third party with intent to interfere with the investigation.
31C.-(1) Any person who discloses to a suspect or unauthorised third party the information relating to an investigation impending ongoing or under this Act or any other law with the intent to interfere or otherwise frustrate the investigation commits an offence and upon conviction shall be liable to a fine of not less than ten million shillings or to imprisonment for a term of not less than five years or to both. (2) Where a person who contravenes the provisions of subsection (1) is a body corporate, such person shall be liable to a fine of not less than five hundred million shillings or three times the property under the value of 62 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 Amendment of section 38 investigation, whichever is greater.”. - 97 Verify source ↗
Amendment of section 38
AI-assisted research summary: This section changes section 38, repeals sections 40 and 41, and amends section 42.
97. The principal Act is amended in section 38, by- (a) deleting the word “apply” appearing in the third line of subsection (1) and substituting for it the words “make an ex parte application”; (b) adding immediately after paragraph (b) of subsection (2) the following new paragraph: “(c) order the Administrator-General or any other public trustee to take care and control of property under restraint.” immediately after subsection (5) the (c) adding following new subsections: “(6) In addition to the order granted under subsection (2), the court may order- (a) disposal of any property under restraint which is subject to natural decay, wear and tear, depreciation or whose maintenance may cause substantial expenses; (b) proceeds of sale of the property disposed to be kept in a special interim management account until forfeiture application in respect of that property is concluded or the court orders otherwise. (7) A property to which a restraining application has been made shall not be disposed until the application or an appeal as the case may be has been determined.”. Repealing of sections 40 and 41 Amendment of section 42 - 98 Verify source ↗
Repeal of sections 40 and 41
AI-assisted research summary: This section amends the principal Act by repealing sections 40 and 41.
98. The principal Act is amended by repealing sections 40 and 41. - 99 Verify source ↗
Amendment of section 42
AI-assisted research summary: A person affected by a restraining order may ask the court to vary or cancel it within 14 days after being served notice.
99. The principal Act is amended in section 42, by adding immediately after subsection (2) the following new subsection: 63 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 “(3) Any person affected by the restraining order may, within fourteen days after being served with notice of the restraining order, apply to court for variation or rescission of the restraining order or any other order which the court may issue under section - 100 Verify source ↗
Amendment of section 43
AI-assisted research summary: The court may vary or rescind a restraining order if a person affected applies and the court is satisfied the property is not tainted, or was acquired for sufficient value without knowledge or suspicion.
100. The principal Act is amended in section 43, by deleting subsection (3) and substituting for it the following- “(3) The court may, upon application by a person affected by the restraining order, vary or rescind a restraining order where it is satisfied that- (a) the property involved is not tainted; or (b) the interest in the property was acquired for sufficient value, without knowledge, and in circumstances such as not to arouse suspicion that the property was tainted.”. Amendment of section 50 - 101 Verify source ↗
Amendment of section 50
AI-assisted research summary: This provision amends section 50(2) of the principal Act by inserting specified words into the text.
101. The principal Act is amended in section 50(2), by inserting the words “qualifications, supervision, between the article “the” and the word “remuneration”. Amendment of section 54 Addition of section 62A - 102 Verify source ↗
Amendment of section 54
AI-assisted research summary: This provision amends section 54 of the principal Act by deleting the words “interdicts or”.
102. The principal Act is amended in section 54, by deleting the words “interdicts or” - 103 Verify source ↗
Addition of section 62A
AI-assisted research summary: This section adds a new section titled “Disclosure of information about property.”
103. The principal Act is amended by adding immediately after section 62 the following new section: “Disclosure of information about property An - 62A Verify source ↗
(1)
AI-assisted research summary: An investigation officer may require a person under investigation or suspected of a serious offence to provide a full and true account of property, and the person must respond within the stated time.
62A.-(1) investigation officer may, by notice in writing, require any person under investigation or suspected to have committed a serious offence to furnish, within such time and in such manner as may be specified in the notice, a full and true account of all or any property which he- (a) possesses, controls, directs or 64 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 is entitled to the benefit from; or (b) had in his possession, control, direction or was entitled to the benefit from. to (2) A person who is required to furnish the information pursuant provisions of subsection (1) may, in addition to the requested information, provide details of the basis upon which he asserts that the property is not the benefit of criminal activity. (1) (3) A person responding to a request under shall subsection provide the information requested to the investigation officer within thirty days from the date of request unless he satisfies the investigation officer that more time is required to comply with the request. (4) In any application for a confiscation order under this Act a response to a request under subsection (1) may be admitted in evidence to the confiscation proceedings. (5) A person who in compliance with a request under subsection (1) gives false information commits an offence and upon conviction shall be dealt with the provisions of in accordance section 122 of the Penal Code.”. to Cap. 16 Repeal and replacement of section 76 - 104 Verify source ↗
Repeal and replacement of section 76
AI-assisted research summary: This section repeals section 76 of the principal Act and replaces it with new text that starts with “Appeals.”
104. The principal Act is amended by repealing section 76 and replacing it with the following: “Appeals - 76 Verify source ↗
Amendment of section 18
AI-assisted research summary: A person aggrieved by a court order under this Act may appeal, and if an appeal is filed the order is stayed until the appeal is decided.
76.-(1) Any person aggrieved by the order of the Court made under this Act may appeal against that order. 65 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 (2) Where an appeal is preferred under subsection (1), the execution of the order shall be stayed until the appeal is determined. (3) The appeals under this Act shall be governed by the provisions of the Criminal Procedure Act.”. Cap.20 PART XIV AMENDMENT OF THE TANGANYIKA LAW SOCIETY ACT, (CAP. 307) Construction Cap. 307
Part
PART XIV
- 105 Verify source ↗
Construction
AI-assisted research summary: This section says the Part must be read together with the Tanganyika Law Society Act.
105. This Part shall be read as one with the Tanganyika Law Society Act, hereinafter referred to as the “principal Act”. Amendment of section 15 - 106 Verify source ↗
Amendment of section 15
AI-assisted research summary: This section amends section 15 and adds eligibility rules for election as a Council member.
106. The principal Act is amended by- (a) designating the contents of section 15 as subsection (1); (b) adding immediately after subsection designated the following new subsections: (1) as “(2) Without prejudice to any other written law, a person shall not be elected to be a member of the Council unless such person- (a) is a citizen of the United Republic; (b) has not been formally certified to be of unsound mind; (c) has not been declared bankrupt; and (d) has appeared before the nomination committee and been certified to be of good professional standing to contest the for membership Council. to (3) A person shall not be elected to be a member of the Council if such person is- (a) a public servant; 66 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 (b) a Ward Counsellor; (c) a Member of Parliament; or (d) a leader of a political party.”. Addition of section 15A - 107 Verify source ↗
Addition of section 15A
AI-assisted research summary: This section amends the principal Act by inserting a new section 15A after section 15, titled “Prohibition of activities political the”.
107. The principal Act is amended by adding immediately after section 15, a new section 15A as follows: “Prohibition of activities political the - 15A Verify source ↗
(1) A member of
AI-assisted research summary: A Council member must stay politically neutral and not take part in political activities while serving.
15A.-(1) A member of Council shall observe political neutrality in political and shall not engage activities while serving as a member of the Council. Cap.258 (2) For the avoidance of doubt, to a political activities member of the Council include the following: relation in (a) contesting for a political post within a political party as defined by the Political Parties Act or in any other partisan elections; (b) campaigning for or against a partisan in candidate elections; (c) making campaign speeches; (d) collecting contributions or raising funds for any political party; (e) organising or managing political rallies or meetings; or (f) holding office in political parties. (2) (3) A member of the Council the provisions of who contravenes subsection gross a commits misconduct and the Attorney General may the Advocates to Committee for the removal of such member from the Roll of Advocates.”. petition 67 No. 7 The Written Laws (Miscellaneous Amendments) (No.2) Act 2018 Repeal and replacement of section 31 - 108 Verify source ↗
Repeal and replacement of section 31
AI-assisted research summary: This section amends the principal Act by repealing section 31 and replacing it with new text.
108. The principal Act is amended by repealing section 31 and replacing it with the following- “Regulations - 31 Verify source ↗
Amendment of section 16
AI-assisted research summary: The Council may make regulations, after consulting the Attorney General, to help carry out the Act’s objectives.
31.-(1) The Council may, in consultation with the Attorney General, make regulations for the better carrying out of the objectives of the Act. (2) The Regulations made under subsection (1) shall be published in the Gazette.”. Passed by the National Assembly on the 10th September, 2018. STEPHEN KAGAIGAI Clerk of the National Assembly 68
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The Written Laws (Miscellaneous Amendments) (No.2) Act, 2018
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