The Written Laws (Miscellaneous Amendments) (No.3) Act, 2018
This provision gives the Act’s short title and says it is for amending certain written laws.
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- The Written Laws (Miscellaneous Amendments) (No.3) Act, 2018
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Statute overview
About this statute
This provision gives the Act’s short title and says it is for amending certain written laws. This section says the written laws listed in the Act’s various Parts are amended as set out in those Parts. This section says Part 3 must be read together with the Appellate Jurisdiction Act. This section amends the principal Act by inserting new sections after section 3, including an “Overriding objective of Act” heading. The Court must try to give effect to the Act’s overriding objective when interpreting its provisions.
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Provisions of The Written Laws (Miscellaneous Amendments) (No.3) Act, 2018
Showing 37 of 37
Part
PART I
- 1 Verify source ↗
Short title
AI-assisted research summary: This provision gives the Act’s short title and says it is for amending certain written laws.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.3) Act, 2018. Amendment of certain written laws - 2 Verify source ↗
Amendment of certain written laws
AI-assisted research summary: This section says the written laws listed in the Act’s various Parts are amended as set out in those Parts.
2. The written laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. PART II AMENDMENT OF THE APPELLATE JURISDICTION ACT, (CAP. 141) Construction Cap. 141
Part
PART II
- 3 Verify source ↗
Construction
AI-assisted research summary: This section says Part 3 must be read together with the Appellate Jurisdiction Act.
3. This Part shall be read as one with the Appellate Jurisdiction Act, hereinafter referred to as the “principal Act”. 4 No. 8 The Written Laws (Miscellaneous Amendments) (No.3) Act 2018 Addition of sections 3A and 3B - 4 Verify source ↗
Addition of sections 3A and 3B
AI-assisted research summary: This section amends the principal Act by inserting new sections after section 3, including an “Overriding objective of Act” heading.
4. The principal Act is amended by adding immediately after section 3 the following – “Overriding objective of Act - 3A Verify source ↗
(1) The overriding
AI-assisted research summary: The Court must try to give effect to the Act’s overriding objective when interpreting its provisions.
3A.-(1) The overriding objective of this Act shall be to facilitate the just, expeditious, proportionate and affordable all matters resolution of governed by this Act. this Act (2) The Court shall, in the exercise of its powers the under interpretation of any of its provisions, seek to give effect the overriding objective to specified in subsection (1). or Duty to uphold objective - 3B Verify source ↗
(1) For the purpose
AI-assisted research summary: The Court must manage matters to support the overriding objective, and parties or their advocates must help by participating and following the Court’s directions and orders. The Chief Justice may make rules to carry out sections 3A and 3B.
3B.-(1) For the purpose of furthering the overriding objective specified in section 3A, the Court shall handle all matters presented before it with a view to attaining the following- (a) Just determination of the proceedings; (b) efficient use of the available judicial and administrative resources including the use of suitable technology; and (c) timely disposal of the proceedings in the Court at a cost the affordable by respective parties. 5 No. 8 The Written Laws (Miscellaneous Amendments) (No.3) Act 2018 party (2) A to proceedings before the court or an advocate for such a party shall have the duty to assist the Court to further the overriding objective and to that effect, participate in the processes of the Court and comply with directions and orders of the Court. (3) The Chief Justice may make rules for better carrying out the provisions of sections 3A and 3B.” PART III AMENDMENT OF THE CIVIL PROCEDURE CODE, (CAP. 33) Construction Cap. 33
Part
PART III
- 5 Verify source ↗
Construction
AI-assisted research summary: This Part is to be read together with the Civil Procedure Code, which is referred to here as the principal Act.
5. This Part shall be read as one with the Civil Procedure Code, hereinafter referred to as the “principal Act”. Addition of sections 3A and 3B - 6 Verify source ↗
Addition of sections 3A and 3B
AI-assisted research summary: This section amends the principal Act by inserting new text after section 3, titled “Overriding objective of Act.”
6. The principal Act immediately after section 3 the following- is amended by adding “Overriding objective of Act - 3A Verify source ↗
(1) The overriding objective
AI-assisted research summary: This provision says the Act’s overriding objective is to support civil disputes being resolved justly, quickly, proportionately, and affordably, and the Court must give effect to that objective when exercising its powers or interpreting the Act.
3A.-(1) The overriding objective of this Act shall be to facilitate the just, expeditious, proportionate and affordable resolution of civil disputes governed by this Act. (2) The Court shall, in the exercise of its powers under this Act or the interpretation of any of its provisions, seek to give effect to the overriding objective specified in subsection (1). 6 No. 8 The Written Laws (Miscellaneous Amendments) (No.3) Act 2018 Duty to uphold objective - 3B Verify source ↗
(1). For
AI-assisted research summary: The Court must handle matters to achieve just, efficient, and timely proceedings, and parties or their advocates must help the Court and follow its directions. The Chief Justice may make rules to better carry out sections 3A and 3B.
3B.-(1). For the purpose of furthering the overriding objective specified in section 3A, the Court shall handle all matters presented before it with a view to attaining the following- (a) just determination of the proceedings; (b) efficient use of the available judicial and administrative resources including the use of suitable technology; and of a the proceedings cost affordable by the respective parties. disposal at (c) timely (2) A party to civil proceedings or an advocate for such a party shall have a duty to assist the Court to further overriding the objective of this Act and, to that effect, to participate in the processes of the Court and to comply with the directions and orders of the Court. (3) The Chief Justice may make the for better carrying out rules provisions of sections 3A and 3B.” PART IV AMENDMENT OF THE LAND DISPUTES COURTS ACT, (CAP. 216) Construction Cap. 216
Part
PART IV
- 7 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Land Disputes Courts Act, called the principal Act, and notes the addition of section 41A.
7. This Part shall be read as one with the Land Disputes Courts Act, hereinafter referred to as the “principal Act”. Addition of section 41A - 8 Verify source ↗
Addition of section 41A
AI-assisted research summary: The Chief Justice may confer revisional jurisdiction on a resident magistrate by Gazette order after consulting the Minister responsible for legal affairs and the Attorney General.
8. The principal Act is amended by adding immediately after section 41 the following new section- 7 No. 8 The Written Laws (Miscellaneous Amendments) (No.3) Act 2018 “Extended jurisdiction with the Chief 41A-(1) Notwithstanding section Justice may, after 41, consultation the Minister responsible for legal affairs and the Attorney General, by order published in the Gazette, vest any resident magistrate with revisional jurisdiction ordinarily exercisable by the High Court under this Act. appellate the or (2) For the purpose of any appeal from or revision in the exercise of jurisdiction referred to under subsection (1), the resident magistrate with extended jurisdiction shall be deemed to be the judge of the High Court, and court presided over by him while exercising such jurisdiction shall be deemed to be the High Court. (3) The High Court may direct that an appeal or revision instituted in the High Court be transferred to and be heard by a resident magistrate upon whom extended jurisdiction has been conferred by this section.” Amendment of section 47 - 9 Verify source ↗
Amendment of section 47
AI-assisted research summary: Section 47 is amended so that a person aggrieved by a High Court decision may appeal to the Court of Appeal in specified cases.
9. The principal Act is amended in section 47, by- (a) deleting subsection (1) and substituting for it the following: “(1) A person who is aggrieved by the decision of the High Court in the exercise of its original jurisdiction may appeal to the Court of Appeal in accordance with the provisions of the Appellate Jurisdiction Act.” (b) adding immediately after subsection (1) the following: “(2) A person who is aggrieved by the decision of the High Court in the exercise of its revisional or appellate jurisdiction may, with leave of the High Court or Court of 8 No. 8 The Written Laws (Miscellaneous Amendments) (No.3) Act 2018 (c) renumbering Appeal, appeal to the Court of Appeal.” (3) subsections and (2) as subsections (3) and (4) respectively. PART V AMENDMENT OF THE MAGISTRATES’ COURTS ACT, (CAP. 11) Construction Cap. 11
Part
PART V
- 10 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Magistrates’ Courts Act, which it calls the principal Act.
10. This Part shall be read as one with the Magistrates’ Courts Act, hereinafter referred to as the “principal Act”. Amendment of section 45 - 11 Verify source ↗
Amendment of section 45
AI-assisted research summary: This section amends section 45(1) of the principal Act by adding new words after “High Court” in paragraphs (a) and (b).
11. The principal Act is amended in section 45(1), by adding immediately after the words “High Court” appearing at the end of paragraphs (a) and (b) the words, “under this Part and subpart (c) of Part III to this Act.” PART VI AMENDMENT OF THE NATIONAL SPORTS COUNCIL OF TANZANIA ACT, (CAP. 49) Construction Cap. 49
Part
PART VI
- 12 Verify source ↗
Construction
AI-assisted research summary: This section says Part 12 must be read together with the National Sports Council of Tanzania Act.
12. This part shall be read as one with the National Sports Council of Tanzania Act, hereinafter referred to as the “principal Act”. Amendment of section 2 - 13 Verify source ↗
Amendment of section 2
AI-assisted research summary: The section changes the definition of “sports association” and adds a definition of “sports.”
13. The principal Act is amended in section 2, by- (a) deleting the word “amateur” in the definition of the term “sports association” and substituting for it the words “all forms of”; (b) adding in the appropriate alphabetical order the following: “sports” means an activity involving physical exertion and skill in which an individual or for team entertainment, and includes sports betting;”. competes another against 9 No. 8 The Written Laws (Miscellaneous Amendments) (No.3) Act 2018 Amendment of section 3 - 14 Verify source ↗
Amendment of section 3
AI-assisted research summary: The Attorney General may intervene, through the Solicitor General, in suits or matters involving the Council, and the Council must notify the Attorney General about impending suits or intentions to sue.
14. The principal Act is amended in section 3, by- (a) adding immediately after subsection (1) the following provisions: “(2) Notwithstanding the provisions of subsection (1), the Attorney General shall have the right, through the Solicitor General, to intervene in any suit or matter instituted by or against the Council. (3) Where the Attorney General intervenes in any suit or matter pursuant to the subsection Government Proceedings Act shall apply in relation to the proceedings of that suit or matter as if it had been instituted by or against the Government: the provisions of (2), Cap.5 Provided that, the requirement of ninety days notice of intention to sue the Government the Government Proceedings Act shall not apply where the Attorney General intervenes under this section. stipulated under as (4) The Council or such other person on its behalf shall have the duty of notifying the Attorney General of any impending suit or intention to institute a suit or matter for or against the Council.”; (b) renaming subsection (2) as subsection (5). Amendment of section 4 - 15 Verify source ↗
Amendment of section 4
AI-assisted research summary: This section amends section 4 of the principal Act by deleting the word “amateur” in two places, and in one place replacing it with “all forms of”.
15. The principal Act is amended in section 4, by- (a) deleting the word “amateur” appearing in subsection (1) (a); (b) deleting the word “amateur” appearing in subsection (2) (g) and substituting for it the words “all forms of”. Amendment of section 6 - 16 Verify source ↗
Amendment of section 6
AI-assisted research summary: This provision amends section 6(b) of the principal Act by replacing a word.
16. The principal Act is amended in section 6(b), by deleting the word “or” appearing immediately after the word “approval” and substituting for it the word “of”. 10 No. 8 The Written Laws (Miscellaneous Amendments) (No.3) Act 2018 Amendment of section 8 - 17 Verify source ↗
Amendment of section 8
AI-assisted research summary: This section amends section 8 of the principal Act by replacing certain references with “Controller and Auditor General.”
17. The principal Act is amended in section 8, by- (a) deleting “Tanzania Audit Corporation” appearing in subsection (2) and substituting for it the words “Controller and Auditor General”; the words (b) deleting the word “auditors” appearing in subsection (3), and substituting for it the words “Controller and Auditor General”; (c) deleting the word “auditor’s” appearing in subsection (4) and substituting for it the words “ Controller and Auditor General”. Amendment of section 10 - 18 Verify source ↗
Amendment of section 10
AI-assisted research summary: This provision amends section 10 of the principal Act by replacing the words “as many” with “such number of”.
18. The principal Act is amended in section 10, by deleting the words “as many” and substituting for them the words “such number of”. Amendment of section 21 - 19 Verify source ↗
Amendment of section 21
AI-assisted research summary: This section amends section 21(1) of the principal Act by replacing “up” with “upon” after the word “binding”.
19. The principal Act is amended in section 21(1), by deleting the word “up” appearing immediately after the word “binding” and substituting for it the word “upon”. Construction Cap.351 General amendment PART VII AMENDMENT OF THE STATISTICS ACT, (CAP.351)
Part
PART VII
- 20 Verify source ↗
Construction
AI-assisted research summary: This Part must be read together with the Statistics Act.
20. This Part shall be read as one with the Statistics Act, hereinafter referred to as the “principal Act.” - 21 Verify source ↗
General amendment
AI-assisted research summary: This section makes general amendments to the principal Act, including replacing “Director General” with “Statistician General” and changing certain wording to “official statistics.”
21. The principal Act is amended generally by- (a) deleting the title “Director General” wherever it appears throughout the Act and substituting for it the title “Statistician General”; (b) deleting the words “statistical information” and “official statistical information” wherever they appear in sections 5, 6(2)(c) and (f), 19, 22(2), 23(1), 28 and 37(2), (4), (5), (6) and substituting for the words “official statistics”. them 11 No. 8 The Written Laws (Miscellaneous Amendments) (No.3) Act 2018 Amendment of section 3 Amendment of section 17 by- - 22 Verify source ↗
Amendment of section 3
AI-assisted research summary: This section changes the definitions in section 3: it replaces the definition of “official statistics” and adds a new definition of “statistical information.”
22. The principal Act is amended in section 3, by- (a) deleting the definition of the term “official statistics” and substituting for it the following: statistics produced, validated, compiled and disseminated by or under the authority of the Bureau;”; and statistics” means ““official (b) adding in the appropriate alphabetical order the following new definition: ““statistical information” means any organized quantitative or qualitative information obtained from different sources through censuses, surveys or administrative data.” - 23 Verify source ↗
Amendment of section 17
AI-assisted research summary: This provision amends section 17(3) of the principal Act by changing the wording in paragraphs (a) and (b).
23. The principal Act is amended in section 17(3), (a) deleting the word “all” appearing in paragraph the words substituting (a) and “Government institutions and”; and for it (b) inserting the word “Government institution and” between the words “by” and “agencies” appearing in paragraph (b). Repeal and replacement of section 18 - 24 Verify source ↗
Repeal and replacement of section 18
AI-assisted research summary: This section repeals section 18 of the principal Act and replaces it with new text.
24. The principal Act is amended by repealing section 18 and replacing it with the following: “Mandate to collect official statistics - 18 Verify source ↗
Amendment of section 10
AI-assisted research summary: The Statistician General may start, change, or stop official survey and census statistics collection, and others may not authorise starting it without the Statistician General’s approval.
18.-(1) Without prejudice to section 20, the Statistician to General shall have powers commence, vary or discontinue the statistics collection of official surveys or conducted censuses. through (2) A person, Government institution or agency shall not authorise the commencement of the collection of official statistics surveys or censuses through 12 No. 8 The Written Laws (Miscellaneous Amendments) (No.3) Act 2018 except with the approval of the Statistician General.” Repeal and replacement of section 19 - 25 Verify source ↗
Repeal and replacement of section 19
AI-assisted research summary: This section amends the principal Act by repealing section 19 and replacing it with new text.
25. The principal Act is amended by repealing section 19 and replacing it with the following: “Delegation of powers to collect official statistics the - 19 Verify source ↗
Amendment of section 21
AI-assisted research summary: Heads of Government institutions are treated as having delegated power to collect official statistics, subject to Bureau guidelines.
19. Notwithstanding generality of section 18(2) and subject to guidelines issued by the Bureau, powers to collect official statistics afforded to heads of Government institutions pursuant to any written laws shall be deemed to be powers delegated those to institutions by the Statistician General.” - 26 Verify source ↗
Amendment of section 20
AI-assisted research summary: This section amends section 20 of the principal Act by changing the marginal note, replacing the opening words of subsection (1), and deleting subsection (3).
26. The principal Act is amended in section 20, (a) deleting the marginal note and substituting for it the following: “Producers of official statistics”; (b) deleting the opening words of subsection (1) and substituting for them the following: “(1) Official statistics may be produced by-”; (c) deleting subsection (3). - 27 Verify source ↗
Amendment of section 22
AI-assisted research summary: This provision amends section 22 of the principal Act and allows the Bureau to publish statistics collected under subsection (1).
27. The principal Act is amended in section 22, (a) deleting the word “other” appearing in the marginal note; (b) deleting subsection (2) and substituting for it the following: “(2) The Bureau may cause to be published statistics collected pursuant to subsection (1).”. Amendment of section 20 by- Amendment of section 22 by- Addition of sections 24A and 24B - 28 Verify source ↗
Addition of sections 24A and 24B
AI-assisted research summary: This section amends the principal Act by adding a new provision about dissemination of official statistics and a prohibition on dissemination of statistical information.
28. The principal Act is amended by adding immediately after section 24 the following: 13 No. 8 The Written Laws (Miscellaneous Amendments) (No.3) Act 2018 “Dissemination of official statistics “Prohibition on dissemination of statistical information - 24A Verify source ↗
(1) Any person who
AI-assisted research summary: People authorised by the Bureau to process official statistics must get Bureau authorisation before publishing or sharing the information publicly. People with different findings from Bureau-disseminated statistics must consult the Bureau before telling the public.
24A.-(1) Any person who is authorised by the Bureau to process any official statistics, shall before or communicating such information to an public, authorisation from the Bureau. publishing obtain the (2) A person who has different findings from statistics disseminated by the bureau shall, such to communicating prior findings to the public, consult the bureau. - 24B Verify source ↗
(1) A person shall not
AI-assisted research summary: A person must not share statistical information publicly if it is meant to invalidate, distort, or discredit official statistics, and must not do so without the Statistician General’s approval.
24B.-(1) A person shall not disseminate otherwise or communicate to the public any is statistical intended to invalidate, distort or discredit official statistics. information which (2) A person shall not disseminate or communicate to the public any statistical information without the Statistician General.” the approval of Amendment of section 37 by- - 29 Verify source ↗
Amendment of section 37
AI-assisted research summary: This section amends section 37 of the principal Act, adds a reference to an employee of the Bureau in subsection (1), and replaces subsection (4) with a new offence and penalty rule.
29. The principal Act is amended in section 37, (a) inserting the words “, being an employee of the Bureau,” between the words “person” and “who” appearing in the opening phrase of subsection (1); (b) deleting subsection (4) and substituting for it the following: 14 No. 8 The Written Laws (Miscellaneous Amendments) (No.3) Act 2018 or official “(4) Any person who publishes or causes to be published or communicates any statistical statistics information contrary to the provisions of this Act, commits an offence and is liable, on conviction to a fine of not less than ten million shillings or to imprisonment for a term of not less than three years or to both.”; (c) deleting subsections (5) and (6). Passed by the National Assembly on the 10th September, 2018. STEPHEN KAGAIGAI Clerk of the National Assembly 15
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