The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019
This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.4) Act, 2019.
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About this statute
This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.4) Act, 2019. This provision says parts of the Act amend specified written laws, including the Advocates Act section 3 amendment that follows. This Part must be read together with the Advocates Act, which is called the principal Act here. This provision amends section 3(2) of the principal Act by deleting paragraph (a) and replacing it with new text. Law Officers and State Attorneys cannot be issued practising certificates while in service, but the Attorney General may exempt them; they may also administer oaths or attest documents under AG guidelines if there is no conflict of interest with their employer.
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Provisions of The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019
Showing 78 of 78
Part
PART I
- 1
AI-assisted research summary: This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.4) Act, 2019.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.4) Act, 2019. Amendment of certain written laws - 2
AI-assisted research summary: This provision says parts of the Act amend specified written laws, including the Advocates Act section 3 amendment that follows.
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 ADVOCATES ACT, (CAP. 341) Construction Cap.341 Amendment of section 3
Part
PART II
- 3
AI-assisted research summary: This Part must be read together with the Advocates Act, which is called the principal Act here.
3. This Part shall be read as one with the Advocates Act, hereinafter referred to as the “principal Act”. - 4
AI-assisted research summary: This provision amends section 3(2) of the principal Act by deleting paragraph (a) and replacing it with new text.
4. The principal Act is amended in section 3(2), by 5 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 deleting paragraph (a) and substituting for it the following: “(a) the Prosecutions, the Attorney General, the Director of Solicitor Public General, Parliamentary Draftsmen and State Attorneys and any person duly qualified in the Office of the Attorney the National Prosecutions General, Service and the Office of the Solicitor General.” Amendment of section 34 - 5 Verify source ↗
PART III
AI-assisted research summary: Law Officers and State Attorneys cannot be issued practising certificates while in service, but the Attorney General may exempt them; they may also administer oaths or attest documents under AG guidelines if there is no conflict of interest with their employer.
5. The Principal Act is amended in section 34, by- (a) designating the contents of the proposed section 34 as subsection (1); and (b) adding immediately after subsection (1) as designated, the following: “(2) A Law Officer or State Attorney shall not, for the whole period of service as Law Officer or State Attorney, be issued with practising certificate. (3) Notwithstanding subsection (2), the Attorney General may, upon application by a Law Officer or State Attorney, or where in his opinion he considers it necessary, exempt a Law Officer or State Attorney from the application of subsection (2). (4) Without prejudice to subsection (2), a Law Officer or State Attorney may, subject to the guidelines prescribed by the Attorney General, administer oaths or attest documents as a commissioner for oaths or as a notary public: Provided that such attestation or administration shall not have potential conflict of interest with his employer.” PART III AMENDMENT OF THE BIRTHS AND DEATHS REGISTRATION ACT, (CAP. 108) Construction Cap.108
Part
PART III
- 6
AI-assisted research summary: This Part must be read together with the Births and Deaths Registration Act, which is called the principal Act here.
6. This Part shall be read as one with the Births and Deaths Registration Act, hereinafter referred to as the “principal Act”. Amendment of section 3 - 7
AI-assisted research summary: The Registrar-General is given power to register any birth or death that occurs anywhere in Mainland Tanzania.
7. The principal Act is amended in section 3, by- (a) adding immediately after subsection (1) the following: 6 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 “(2) The Registrar-General shall have powers to register any birth or death which occurs at any place within Mainland Tanzania.”; and (b) renumbering subsections (2), (3) and (4) as Addition of section 5A subsections (3), (4) and (5) respectively. - 8
AI-assisted research summary: This amendment adds a new section about delegation of the Registrar-General’s powers and functions.
8. The principal Act is amended by adding immediately after section 5, the following: “Delegation of powers and functions of Registrar- General this Act, - 5A Verify source ↗
(1) Without prejudice to the
AI-assisted research summary: The Registrar-General may delegate birth and death registration powers in writing to specified local officers, who must then perform the delegated functions. The Minister may also make regulations about how those registrations are done.
5A.-(1) Without prejudice to the powers and functions vested upon the the Registrar-General under Registrar-General may, in writing, delegate to the District Executive Director, Ward Executive Officer, Mtaa Executive Officer or Village Executive Officer powers to register births and deaths occurring in their respective districts, wards, mtaa and villages. (2) Upon delegation of powers and functions under subsection (1), the District Executive Director, Ward Executive Officer, Mtaa Executive Officer or Village Executive Officer to directives the Registrar-General, perform the functions and exercise the powers of the Registrar- subject shall, of General as delegated. (3) Any delegation of powers and functions of the Registrar-General made to the District Executive Director, Ward Executive Officer, Mtaa Executive Officer or Village Executive Officer, prior to the coming into operation of this section, shall be deemed to be a valid delegation made under this Act. (4) The Minister may, in consultation with the Minister responsible for local government, make regulations 7 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 the effective the manner, including for and forms prescribing use of mechanism, efficient technology, registration of births and deaths by District Executive Director, Ward Executive Officer, Mtaa Executive Officer or Village Executive Officer.” - 9
AI-assisted research summary: This provision amends section 14 of the principal Act by replacing one phrase with another.
9. The principal Act is amended in section 14, by deleting the phrase “within two years of the registration on” and substituting for it, the phrase “at any time before the child attains the age of eighteen years and upon”. - 10 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by adding a new section 17A about registration of a death occurring outside the country.
10. The principal Act is amended by adding immediately after section 17 the following: Amendment of section 14 Addition of section 17A “Registration of death occurring outside country - 17A Verify source ↗
(1) Where any citizen of the
AI-assisted research summary: If a citizen of the United Republic dies outside the country, the parents, spouse, or relative must give the death particulars to the relevant Tanzania mission official record authority, and the Registrar-General must immediately receive and forward the records in the Zanzibar-related case.
17A.-(1) Where any citizen of the United Republic dies in any country outside the United Republic, the parents, spouse or relative of the deceased shall furnish to the relevant Tanzania Embassy, High Commission or Consular, official record authority indicating the particulars of the deceased. relevant from the the (1), (2) Upon receipt of the records under relevant subsection Embassy, High Commission or Consular shall immediately transmit the records to the Registrar-General who shall take judicial notice of such death and where the applicable, enter such records register of deaths occurring outside the United Republic. in (3) Where the records received relate to a citizen of the United Republic who is a resident of Tanzania Zanzibar, the such shall Registrar-General records in relevant authority the to Tanzania Zanzibar. transmit (4) The Minister may make regulations prescribing the forms, manner 8 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 Addition of section 24A Addition of sections 26A, 26B and 26C and procedure for registration of deaths occurring outside the United Republic.” - 11
AI-assisted research summary: This provision amends the principal Act by inserting a new section after section 24 titled “Deletion of entry in register.”
11. The principal Act is amended by adding immediately after section 24 the following new section: “Deletion of entry in register - 24A Verify source ↗
(1) Where
AI-assisted research summary: The Registrar-General must delete duplicate or fraudulently procured birth or death register entries and cancel any related registration certificate, subject to the stated presumption about the earlier entry.
24A.-(1) Where the Registrar- General is satisfied that: (a) there exists in the register of births or deaths, two or more entries respect of one in person; or by fraud (b) the existence of an entry in the register of births or deaths was procured or misrepresentation, the Registrar-General shall, subject to subsection (2), delete any of such entries in the register of births or deaths, and cancel any certificate of registration issued in respect of such birth or death. to the (2) Without prejudice powers granted under subsection (1), the Registrar-General shall, in deleting an entry in the register pursuant to this section, be guided by the presumption that the earlier entry in the register is genuine. (3) Where the Registrar-General deletes an entry and consequently cancels any registration certificate under this section, such entry and the certificate granted in respect of such birth or death shall cease to have legal effect.” - 12
AI-assisted research summary: This provision amends the principal Act by inserting new sections immediately after section 26.
12. The principal Act is amended by adding immediately after section 26 the following new sections: “Registration on presumption of death Cap. 6 - 26A Verify source ↗
(1) Without prejudice
AI-assisted research summary: The Registrar-General must register a death when a court has ordered a presumption of death and the order is received from a relevant person. If the person is later found alive, the Registrar-General must delete the register entry.
26A.-(1) Without prejudice to sections 116 and 117 of the Evidence Act, where a court has issued an order as to the presumption of death of any person, the Registrar-General shall, upon receipt of an order of the court from any relevant 9 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 (2) person, register such death. In this section, “relevant person” means the administrator of the estate duly appointed, or a Government official duly authorized by the court to register the death. (3) Notwithstanding subsection (1), where the Registrar-General is satisfied that a person declared by the court to be dead on presumption of death is found alive, the Registrar-General shall delete from the register any entry entered thereto in respect of such person. Confidentiality - 26B Verify source ↗
(1) All particulars submitted
AI-assisted research summary: People must not disclose confidential information covered by this section unless the Registrar-General authorizes it.
26B.-(1) All particulars submitted to the Registrar-General by any person in relation to birth or death shall, unless directed otherwise by the court or any other written as law, confidential. treated be (2) A person shall not disclose any confidential information under this section unless authorized by the Registrar-General. (3) A person who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine of not less than three hundred thousand shillings but not exceeding five hundred to imprisonment for a term of not less than three months but not exceeding six months or to both. thousand shillings or Issuance of registration certificate upon adoption Cap.13 - 26C Verify source ↗
(1) Subject to the provisions
AI-assisted research summary: After a child’s adoption order, the Registrar-General may register the child’s birth and issue a certificate if there is an application.
26C.-(1) Subject to the provisions of the Law of the Child Act, where the High Court has granted an adoption order of a child, the Registrar-General may, upon application, register the birth of the child and issue a certificate to that effect. (2) An application under 10 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 subsection (1) shall be accompanied with the certified copy of the adoption order of the High Court, application fees and other particulars as may be prescribed in the regulations.” Amendment of section 29 - 13
AI-assisted research summary: This provision amends section 29 of the principal Act by replacing specified monetary amounts with higher amounts.
13. Section 29 of the principal Act is amended- (a) in subsection (1), by deleting the words “five hundred” and substituting for them the words “one hundred thousand”; (b) in subsection (2), by deleting the words “five hundred” and substituting for them the words “one hundred thousand”; and (c) in subsection (3), by deleting the words “one thousand” and substituting for them the words “two hundred thousand”. PART IV AMENDMENT OF THE CRIMINAL PROCEDURE ACT, (CAP. 20) Construction Cap. 20 Amendment of section 3
Part
PART IV
- 14
AI-assisted research summary: This Part is to be read together with the Criminal Procedure Act, which is called the principal Act.
14. This Part shall be read as one with the Criminal Procedure Act, hereinafter referred to as the “principal Act”. - 15
AI-assisted research summary: This provision adds definitions for “plea agreement” and “plea bargaining.”
15. The principal Act is amended in section 3, by inserting in their appropriate alphabetical order the following new definitions: ““plea agreement” means an agreement entered into between the prosecution and the accused in a criminal trial in accordance with sections 194A, 194B and 194C; “plea bargaining” means a negotiation in a criminal case between a prosecutor and the accused whereby the accused agrees to- (a) plead guilty to a particular offence or a lesser offence or to a particular count or counts in a charge with multiple counts; or (b) cooperate with the prosecutor in the provision of information that may lead to a discovery of other information relating to the offence or count charged, in return for concession from the prosecutor which may lead to a lenient sentence or withdrawal of other 11 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 Addition of sections 194A, 194B,194C, 194D, 194E, 194F, 194G and 194H counts." - 16
AI-assisted research summary: This section says the principal Act is being amended to add new text after section 194.
16. The principal Act is amended by adding immediately after section 194 the following: “Plea bargaining - 194A Verify source ↗
(1) A public prosecutor,
AI-assisted research summary: This section lets a public prosecutor, and also the accused or the accused’s advocate, start plea bargaining, but the court cannot take part in the negotiations.
194A.-(1) A public prosecutor, after consultation with the victim or investigator where the circumstances so permit, may at any time before the judgment, a plea bargaining arrangement with the accused and his if not advocate represented, a relative, friend or any other person legally competent to represent the accused. represented or, enter if (2) The accused or his advocate or a public prosecutor may initiate a plea bargaining and notify the court of their intention to negotiate a plea agreement. (3) The court shall not participate in plea negotiations between a public prosecutor and the accused. (4) Where is undertaken privately, no plea agreement shall be concluded without the written consent of the Director of Public Prosecutions. prosecution Consequence of plea bargainning - 194B Verify source ↗
Where, consequent to a
AI-assisted research summary: If a plea agreement is made under plea bargaining, the prosecutor may reduce charges or withdraw counts, and the accused may plead guilty to the charged or a lesser offence.
194B. Where, consequent to a plea bargaining arrangement, a plea agreement is entered into between a public prosecutor and an accused person- (a) the public prosecutor may charge the accused with a lesser offence, withdraw other counts or take any other measure as appropriate depending on the circumstances of the case; (b) the accused may enter a plea of guilty to the offence charged or to a lesser offence or to a particular count or counts in a charge with 12 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 Requirements of plea agreement multiple counts in exchange for withdrawal of other counts; or (c) the accused may be ordered to compensation or make pay restitution or be subjected to forfeiture of the proceeds and instrumentalities that were used to commit the crime in question. - 194C Verify source ↗
(1) A plea agreement shall
AI-assisted research summary: A plea agreement must be written and signed, witnessed appropriately, and an interpreter must certify interpretation if used.
194C.-(1) A plea agreement shall be in writing witnessed by advocate of the accused or, if not represented, a relative, friend or any other person legally competent to represent the accused, and shall- (a) state the fully terms of the agreement, the substantial facts of the matter and all other relevant facts of the case and any admissions made by the accused person; (b)be read and explained the accused person in a language that he understands; (c) accepted by the accused person; to and if to or, other person represent represented (d)be signed by the prosecutor, the accused person and his advocate, if not represented, a relative, friend or legally any the competent accused. (2) Where an accused person has negotiated with a prosecutor through an interpreter, the interpreter shall certify that he is proficient in that language and that he interpreted the negotiations and in respect of the contents of the agreement. (3) Without prejudice the requirements set out under subsections (1) accurately during to 13 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 Registration of plea agreement and (2), a plea agreement shall not be entered between a prosecutor and accused, the without prior written consent of Director of Public Prosecutions or any other officer authorized by him in writing. - 194D Verify source ↗
(1) Any plea agreement
AI-assisted research summary: The court must register qualifying plea agreements, check that they were voluntary and the accused was competent, and after acceptance the agreement binds the parties and the court proceeds to convict accordingly.
194D.-(1) Any plea agreement the in accordance with into entered provisions of sections 194A and 194B shall be registered by the court. (2) The court shall, before it registers any such agreement, satisfy itself that the agreement was voluntarily obtained and the accused was competent to enter into such agreement. (3) The court may pronounce a decision based on plea agreement or make such other orders as it deems necessary including an order to reject the plea agreement for sufficient reasons, except that, such rejection shall not operate as a bar subsequent negotiations preferred by the parties. to any (4) Where the court accepts a plea agreement- (a) the agreement shall become binding upon the prosecution side and the accused; and (b) the agreement shall become part of the record of the court. (5) Where a plea agreement entered into in accordance with sections 194A and 194B is accepted by the court, the court shall proceed to convict an accused person accordingly. Procedure for registration of plea agreement plea-
Part
part of the record of the court.
- 194E Verify source ↗
Before the court records a
AI-assisted research summary: Before a plea is recorded, the court must place the accused under oath and explain the accused’s rights in a language he understands.
194E. Before the court records a (a) the accused shall be placed under oath; and (b) the court shall address the accused person in court in a 14 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 language he understands and shall inform him of his rights and that- (i) (ii) (iii) he he by accepting a plea agreement, is waiving his right to a full trial; by entering into a plea agreement, is waiving the right to appeal except as to the extent or legality of sentence; and the prosecution has the right, in the case of for prosecution perjury false or statement, to use any statement that he gives in agreement the against him. Offences which plea state shall not apply - 194F Verify source ↗
Plea agreements shall not be
AI-assisted research summary: Plea agreements may not be entered into for the listed offences, including certain sexual offences, treason, terrorism, and some high-value narcotics and Government trophy offences.
194F. Plea agreements shall not be entered into in any of the following offences- (a) sexual offences whose five involving victims exceeds purnishment years or under eighteen years; (b) treason and treasonable offences; (c) possession or trafficking in narcotic drugs whose market value is above twenty million shillings; (d) terrorism; (e) possession of Government trophy whose value is above shillings twenty million 15 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 the consent, without in writing, of the Director of Public Prosecutions; and (f) any other offence as the upon Minister consultation other relevant authority and by order published the Gazette, prescribe. may, with in Application to set aside conviction and sentence relating to plea bargaining Power to make rules - 194G Verify source ↗
(1) The Director of Public
AI-assisted research summary: The Director of Public Prosecutions and an accused person who is party to a plea agreement may apply to the sentencing court to set aside a conviction and sentence in specified plea-bargaining cases.
194G.-(1) The Director of Public Prosecutions may, in matters relating to plea bargaining and in the public interest and the orderly administration of justice, apply to the court which passed the sentence the conviction and sentence procured on the grounds of fraud or misrepresentation pursuant to a plea agreement be set aside. to have (2) An accused person who is a party to a plea agreement may apply to the court which passed the sentence to have the conviction and sentence procured involuntarily or by misrepresentation pursuant to a plea agreement be set aside. - 194H Verify source ↗
Amendment of section 219
AI-assisted research summary: The Chief Justice may make rules and give directives, subject to this Part, to better carry out the Part’s plea-bargaining provisions.
194H. Subject to the provisions of this part, the Chief Justice may make rules and give directives for better carrying out the provisions of this Part relating to plea bargaining.” Amendment of section 219 - 17 Verify source ↗
Addition of section 24A
AI-assisted research summary: Section 17 changes section 219 by replacing the words “criminal lunatic” with “mentally disordered offender.”
17. The principal Act is amended in section 219, by deleting the words "criminal lunatic" wherever they appear in that section and substituting for them the words "mentally disordered offender". 16 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 PART V AMENDMENT OF THE EXTRADITION ACT, (CAP. 368 )
Part
PART V
- 18
AI-assisted research summary: This section says this Part must be read together with the Extradition Act as its principal Act.
18. This Part shall be read as one with the Extradition Act, hereinafter referred to as the “principal Act”. - 19 Verify source ↗
Construction
AI-assisted research summary: This provision amends the principal Act by adding a new section 8A after section 8, titled “Surrender of fugitive criminal”.
19. The principal Act is amended by adding immediately after section 8 the following new section: Construction Cap.368 Addition of section 8A “Surrend er of fugitive criminal - 8A Verify source ↗
(1) Upon receipt of the certificate of
AI-assisted research summary: The Minister may order a fugitive criminal to be surrendered after receiving the committal certificate and any other magistrate’s report. The person named in the warrant, and the authorized person, may receive, hold custody of, and convey the fugitive criminal into that country’s jurisdiction.
8A.-(1) Upon receipt of the certificate of the committal and any other report on the case from the magistrate, the Minister may, by warrant under his hand, order the fugitive criminal to be surrendered to any person who is, in his opinion, duly authorized to receive the fugitive criminal by the country from which the requisition for the surrender proceeded, and the fugitive surrendered shall accordingly. criminal be (2) Any person to whom a warrant under this section is directed and the person so authorized under subsection (1), may receive, hold in custody and convey into the jurisdiction of that country the fugitive criminal mentioned in the warrant.” PART VI AMENDMENT OF THE GOVERNMENT PROCEEDINGS ACT, (CAP. 5) Construction Cap.5 Amendment of section 6
Part
PART VI
- 20
AI-assisted research summary: This Part is to be read together with the Government Proceedings Act.
20. This Part shall be read as one with the Government Proceedings Act, hereinafter referred to as the “principal Act”. - 21
AI-assisted research summary: Section 6 is amended so the Attorney General may instruct the Solicitor General in certain government court proceedings, and must state the reasons.
21. The principal Act is amended in section 6, by- (a) in subsection (2), adding immediately after the words “the Attorney General” the words “and the Solicitor General”; (b) in subsection (3), adding the words “Solicitor General” immediately after words “upon the”; immediately after subsection (5) (c) adding the 17 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 following: “(6) The Attorney General may, where necessary, give instructions to the Solicitor General any proceedings instituted by the Government and which is pending in court of law, and shall state the reasons thereof.”; and to proceed or terminate (d) renumbering subsection (6) and (7) as (7) and (8) respectively. Addition of sectin 6A - 22 Verify source ↗
Construction
AI-assisted research summary: This provision amends the principal Act by adding a new section 6A titled “Power of Attorney General to intervene suits.”
22. the principal Act immediately after section 6, a new 6A as follows: is amended by adding "Power of Attorney General to intervene suits - 6A Verify source ↗
(1) The Attorney General
AI-assisted research summary: The Attorney General may intervene in suits involving government bodies, through the Solicitor General, and those bodies must notify the Attorney General of impending suits or intended suits against them.
6A.-(1) The Attorney General shall, through the Solicitor General, have the right to intervene in any suit or matter instituted by or against the ministries, local government authorities, independent departments government institutions. other and (2) Where the Attorney General intervenes in any matter in pursuance of subsection (1), the provisions of the Goverment Proceedings Act, shall apply in relation to the proceedings of that suit or matter as if it had been instituted by or against the ministries, local government authorities, independent departments and other govenment institutions: Provided that, the requirement of ninety days notice of intention to sue the Government as stipulated under the Government Proceedings Act shall not the Attorney General apply where intervenes under this section. (3) Notwithstanding the provisions of any written law, a ministry, local government authority, independent department government institution shall have a duty to notify the other or 18 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 Attorney General of any impending suit or intention to institute a suit or matter against the Authority PART VII AMENDMENT OF THE MAGISTRATES’ COURTS ACT, (CAP. 11) Construction Cap.11 Amendment of section 40
Part
PART VII
- 23
AI-assisted research summary: This Part must be read together with the Magistrates’ Courts Act, called the principal Act.
23. This Part shall be read as one with the Magistrates’ Courts Act, hereinafter referred to as the “principal Act”. - 24 Verify source ↗
Construction
AI-assisted research summary: This section amends section 40(3) of the principal Act by replacing two monetary figures.
24. The principal Act is amended in section 40(3), by- (a) deleting the words “fifty million” appearing in paragraph (a) and substituting for them the words “one hundred million”; and (b) deleting the words “thirty million” appearing in paragraph (b) and substituting for them the words “seventy million”. PART VIII AMENDMENT OF THE NATIONAL PROSECUTIONS SERVICE ACT, (CAP. 430) Construction Cap.430
Part
PART VIII
- 25
AI-assisted research summary: This section says the Part is to be read together with the National Prosecutions Service Act and introduces an amendment to section 9.
25. This Part shall be read as one with the National Prosecutions Service Act, hereinafter referred to as the “principal Act”. Amendment of section 9 - 26
AI-assisted research summary: The Director must maintain a system to speed up requests for consent for prosecutions, and specified prosecution officers may be given power to consent to prosecution subject to regulations. The Minister may make regulations about which offences and related matters fall within that delegated consent power.
26. The principal Act is amended in section 9, by adding immediately after subsection (5) the following new subsections: "(6) The Director shall establish and maintain a system whereby the process of seeking and obtaining his consent for prosecutions, may be expedited. (7) The Deputy Director of Public Prosecutions, Heads of Divisions within the service, Regional Prosecution Officers or District Prosecution Officers, shall, subject to regulations prescribed under subsection (8), have powers to consent for prosecution 19 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 Addition of section 9A of offences which require consent of the Director of Public Prosecutions. regulations (8) The Minister may make prescribing for offences, value of offence or any other matters the consent of which may be issued by officers specified under subsection (7).” - 27 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 9.
27. The principal Act is amended by adding immediately after section 9, the following new section: Notwithstanding "Compounding of offences - 9A Verify source ↗
(1)
AI-assisted research summary: The Director may compound certain offences, agencies and authorities that can compound offences must send monthly reports to the Director, and the Minister may make regulations about the procedures.
9A.(1) the provisions of any other written law relating to compounding of offences with the consent of the offender, the Director shall have powers to compound- (a) any offence which by law an authorized officer is allowed to compound; or (b) any offence the punishment of (2) which is a fine. All agencies and authorities allowed to compound offences by any written law shall submit monthly reports to the Director. (3) The Minister may, by regulations, prescribe the procedures for better carrying into effect of the provisions of this section." PART IX AMENDMENT OF THE PREVENTION AND COMBATING OF CORRUPTION ACT, (CAP. 329) Construction Cap.329
Part
PART IX
- 28
AI-assisted research summary: This Part is to be read together with the Prevention and Combating of Corruption Act, called the principal Act.
28. This Part shall be read as one with the Prevention and Combating of Corruption Act, hereinafter referred to as the “principal Act”. Amendment of section 57 - 29 Verify source ↗
Construction
AI-assisted research summary: This section amends section 57 of the principal Act to require consent under subsection (1) to be obtained in line with section 9 of the National Prosecutions Service Act, and renumbers subsection (2) as subsection (3).
29. The principal Act is amended in section 57, by- (a) adding immediately after subsection (1) the following: 20 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 Cap.430 “(2) Consent under subsection (1) shall be obtained in accordance with the provisions of section 9 of the National Prosecutions Service Act”. (b) renumbering subsection (2) as subsection (3). PART X AMENDMENT OF THE PROCEEDS OF CRIMES ACT, (CAP. 256) Construction Cap. 256 Amendment of section 3
Part
PART X
- 30
AI-assisted research summary: This Part is to be read together with the Proceeds of Crimes Act, which is called the principal Act.
30. This Part shall be read as one with the Proceeds of Crimes Act, hereinafter referred to as the “principal Act”. - 31
AI-assisted research summary: Section 3 is amended: one definition is removed and the definition of “serious offence” is replaced.
31. The principal Act is amended in section 3, by- (a) deleting the definition of the term “specified offence” ; (b) deleting the definition of the term “serious offence” and substituting for it the following definition: law ““serious offence” means an offence against provisions of any in United Republic or in a foreign state for a conduct which, had it occurred in United Republic would constitute a serious offence the punishment of which is either death or imprisonment for a period of not less than twelve months and includes any offence in which property has been used or proceeds generated or benefit derived;” - 32
AI-assisted research summary: This provision amends the principal Act by repealing section 6.
32. The principal Act is amended by repealing section6. - 33
AI-assisted research summary: This section changes section 9 by replacing “six months” with “twelve months,” adds a forfeiture-order paragraph, renumbers a paragraph, and lets the court extend the application period for good cause.
33. Section 9 of the principal Act is amended- (a) in subsection (1), by- (i) (ii) deleting the words “six months” appearing in the opening phrase and substituting for them the words “twelve months”; adding immediately after paragraph (a) the following new paragraph: “(b) forfeiture order against any property 21 Repeal of section 6 Amendment of section 9 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 (iii) of corresponding value; or.” renaming paragraph (b) as paragraph (c); (b) by deleting subsection (5) and substituting for it the Amendment of section 10 Addition of sections 14A and 14B following: “(5) The period provided for making an application in subsection (1) may be extended by the court when there is good cause for such extension.” - 34
AI-assisted research summary: This section changes section 10 of the principal Act by replacing “fourteen days” with “thirty days” in two places.
34. The principal Act is amended in section 10 by- (a) deleting the words “fourteen days” appearing in subsection (1)(a) and substituting for them the words “thirty days”; and (b) deleting the words “fourteen days” appearing in subsection (2)(a) and substituting for them the words “thirty days” - 35
AI-assisted research summary: This section amends the principal Act by adding new sections after section 14 about forfeiture of property of corresponding value.
35. The principal Act is amended by adding immediately after section 14 the following new sections: “Forfeiture of property of corresponding value - 14A Verify source ↗
(1) Where a property that is
AI-assisted research summary: If forfeitable property cannot be found, recovered, or separated, the court may order forfeiture of property of corresponding value.
14A.-(1) Where a property that is subject to forfeiture- (a) cannot be located upon exercise of due diligence; (b) has been transferred or sold to a third party who at the time of acquisition was unaware that it was being disposed of to avoid prosecution or confiscation; (c) has been placed in foreign jurisdiction and cannot be recovered; (d) has been diminished in value; or substantially (e) has been commingled with it to other property such becomes difficult distinguish, that the court may order forfeiture of any of corresponding value of a person property other 22 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 convicted of an offence. Voiding actions - 14B Verify source ↗
(1) The court may, before
AI-assisted research summary: The court may set aside certain property transfers or conveyances before a forfeiture order is made if they appear intended to avoid forfeiture, but not if the transfer was for sufficient value to a good-faith buyer without notice.
14B.-(1) The court may, before making a forfeiture order, in the case of property in respect of which a restraining order was made and notice of it was given in accordance with this Act, set aside any conveyance or transfer of the property or interest the circumstances that give rise to a reasonable inference that the property was conveyed or transferred for the purposes of avoiding the forfeiture order. that occurred therein in (2) The provisions of subsection (1) shall not apply where the transfer or conveyance was made for sufficient value to a person acting in good faith and without notice.” Repeal of section 20 Amendment of section 22 - 36
AI-assisted research summary: This provision amends the principal Act by repealing section 20.
36. The principal Act is amended by repealing section 20. - 37
AI-assisted research summary: This section amends section 22 to create a presumption, for certain pecuniary penalty order applications about a serious offence, that property in the person’s control during the relevant period is a benefit from the offence unless proved otherwise.
37. The principal Act is amended in section 22, by - (a) deleting subsection (4) and substituting for it the following: “(4) Where an application is made for a pecuniary penalty order against a person's property in respect of a serious offence, all the property in the possession or under the control or direction of that person- (a) at the time the application is made; and (b) at any time between the day the offence or the earliest offence was committed and the day on which the application is made, shall be presumed, unless the contrary is proved, that represents a benefit received by the person by reason of the commission of the serious offence.” to be property 23 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 (b) adding immediately after subsection (4) the following new subsection: “(5) The presumption under subsection (4) shall not be rebutted by merely stating that the property was obtained from the offence that was not prosecuted.” (c) renumbering subsections (5) to (7) as subsections (6) to (8). - 38
AI-assisted research summary: The principal Act is amended by adding the words “or any other registered entity” in section 23(2).
38. The principal Act is amended in section 23(2), by inserting the words "or any other registered entity" between the words "any trust" and "that has" appearing in paragraph (b). - 39
AI-assisted research summary: This section changes the forfeiture procedure for tainted property, including who may be named, who may be notified, and how interested persons may contest forfeiture.
39. The principal Act is amended in section 30, by deleting subsection (2) and substituting for it the following: “(2) The Director of Public Prosecutions shall name as respondents to an application under subsection (1) only those persons who own, possess or control the tainted property. (3) Notice prescribed under section 10 shall apply mutatis mutandis in the application made under this section. (4) The High Court may require notice to be given to any person who in the opinion of the Court appears to have an interest in the property. (5) A person, who claims an interest in the property may appear and adduce evidence at the hearing of the application. (6) Where the High Court is satisfied that a tainted property which is the subject of the application is the property referred to in subsection (1), the Court shall order that the property be forfeited to the United Republic. (7) Where the Court refuses an application under subsection (1), the Court shall make an order that describes the property and declare that it is not the property referred to in that subsection. (8) Where the Court is satisfied that the owner of the tainted property referred to in subsection (6)- (a) has an interest in the property which is the subject of the application; and (b) has exercised reasonable care to ensure that the 24 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 property would not be a tainted property; the Court shall make the order that the interest shall not be affected by forfeiture order. (9) A person who claims an interest in property that has been forfeited and who has not been given notice under subsection (4), may make an application to the High Court to vary or set aside an order made under subsection (6) not later than sixty days after the day on which the forfeiture order was made.” Amendment of section 38 - 40
AI-assisted research summary: The Director of Public Prosecutions may ask the court ex parte for a restraining order over property linked to a serious offence investigation, charge, conviction, or forfeiture.
40. The principal Act is amended in section 38, by deleting subsection (1) and substituting for it the following: “(1) The Director of Public Prosecutions may make an ex parte application to the court for a restraining order against the property of a person who- (a) is under investigation or has been charged with or convicted of a serious offence including the property of a person other than the person who is under investigation or has been charged with or convicted of a serious offence; or (b) cannot be brought to court but his property is subject to forfeiture under this Act or any other law including the property of any other person in which he has interest or the property which is under his control or direction." Repeal and replacement of section 39 - 41
AI-assisted research summary: This provision amends section 39 by repealing it and replacing it with new text about grounds for issuing a restraining order.
41. The principal Act is amended by repealing section 39 and substituting for it the following: “Ground for issuing restraining order - 39
AI-assisted research summary: The court must issue a restraining order against property when an application is made, but only if the section’s conditions are met.
39.-(1) Where an application for a restraining order is made against a property, the court shall, subject to this section, issue a restraining order against the property. (2) Where the application is made before a person is charged, the court shall not issue a 25 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 restraining order unless the court is satisfied, having regard to the matters contained in the affidavit, that reasonable steps have been taken to investigate the offence and the person is likely to be charged with the offence. (3) Where the respondent has not been convicted, the court shall not issue a restraining order unless the court is satisfied that- (a) there are reasonable grounds that believe committed the offence; and to respondent the (b) the property is the respondent derived benefit from the commission of the offence. tainted or (4) Where the respondent has been the the court shall not issue convicted, restraining order unless- (a) it is satisfied that the respondent has been convicted of a serious offence; and (b) the respondent derived a benefit, directly or indirectly from the commission of the offence. (5) Where a restraining order is sought against property of a person other than the the the court shall not respondent, restraining order unless there are reasonable grounds to believe that- issue (a) the property is tainted; or (b) the respondent has an interest in the property or the property is under control the respondent who derived a benefit, directly or indirectly, from the commission of a serious offence. direction of or (6) Where a restraining order is sought against property of a person who cannot be brought to court, the court shall not issue the restraining order unless there are reasonable 26 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 grounds to believe that the property shall be forfeited under this Act or any other law. (7) A restraining order shall be granted in respect of property whether or not there is any risk of the property being disposed of or otherwise dealt with in a manner that would the operation of any forfeiture or defeat pecuniary penalty order made under this Act. (8) A restraining order issued before charging under subsection (2) shall operate for twelve months provided that the court may extend the period of twelve months upon application of Public Prosecutions. the Director by (9) Where a person is charged within the period of twelve months or time so extended, the restraining order shall remain in force until it ceases to have effect in terms of the provisions of section 52. (10) An application for a restraining order shall be supported by an affidavit of the investigator setting out grounds of his belief under subsection (2) to (4).” Repeal of section 56 - 42 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by repealing section 56.
42. The principal Act is amended by repealing section 56. PART XI AMENDMENT OF THE OFFICE OF THE ATTORNEY GENERAL (DISCHARGE OF DUTIES) ACT, (CAP. 268) Construction Cap.268
Part
PART XI
- 43
AI-assisted research summary: This section says this Part must be read together with the Office of the Attorney General (Discharge of Duties) Act, called the principal Act, and refers to the addition of section 17A.
43. This Part shall be read as one with the Office of the Attorney General (Discharge of Duties) Act, hereinafter referred to as the "principal Act". Addition of section 17A - 44 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 17 titled “Restriction to practise as advocate.”
44. The principal Act is amended by adding immediately after section 17 the following new section: Cap.341 “Restriction to practise as advocate - 17A Verify source ↗
(1) A Law Officer or State
AI-assisted research summary: A Law Officer or State Attorney must not practise as an advocate while serving, but the Attorney General may exempt them and may issue guidelines. They may also administer oaths or attest documents, subject to those guidelines and no conflict of interest with their employer.
17A.-(1) A Law Officer or State Attorney shall not, for the whole period of 27 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 service as a Law Officer or State Attorney, practise as an advocate. (2) Notwithstanding subsection (1), the Attorney General may, upon application by a Law Officer or State Attorney or, where in his opinion he considers it necessary, exempt a Law Officer or State Attorney from the application of the provisions of subsection (2). prejudice (3) Without to subsection (2), a Law Officer or State Attorney may, subject to the guidelines the Attorney General, prescribed by administer oarths or attest documents as a commissioner for oaths or as a notary public; Provided that such attestation or administration shall not have potential conflict of interest with his employer. (4) The Attorney General shall, by order published in the Gazette, issue guidelines to- (a) facilitate the implementation of subsection (3); and (b) for application of exemption referred to under subsection (2).” prescribe modality PART XII AMENDMENT OF THE TANGANYIKA RED CROSS SOCIETY ACT, (CAP. 66) Construction Cap.66 Amendment of long title
Part
PART XII
- 45
AI-assisted research summary: This Part is to be read together with the Tanganyika Red Cross Society Act.
45. This Part shall be read as one with the Tanganyika Red Cross Society Act, hereinafter referred to as the “principal Act”. - 46
AI-assisted research summary: The principal Act’s long title is deleted and replaced with a new title about establishing the Tanzania Red Cross Society and protecting its emblems.
46. The principal Act is amended by deleting the long 28 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 General amendment Addition of section 1A title and substituting for it the following: “An Act to provide for establishment of Tanzania Red Cross Society and to provide statutory protection for the emblems and for matters connected therewith.”. - 47
AI-assisted research summary: This section amends the principal Act by replacing every use of “Tanganyika” with “Tanzania.”
47. The principal Act is amended generally by deleting the word “Tanganyika” wherever it appears in the Act and substituting for it the word “Tanzania.” - 48
AI-assisted research summary: This provision amends the principal Act by inserting a new section titled “Application” after section 1.
48. The principal Act is amended by adding immediately after section 1 the following new section: “Application - 1A Verify source ↗
This Act shall apply to Mainland
AI-assisted research summary: This Act applies to Mainland Tanzania and Tanzania Zanzibar.
1A. This Act shall apply to Mainland Tanzania as well as Tanzania Zanzibar.” Amendment of section 2 - 49
AI-assisted research summary: This section adds definitions for several terms used in the principal Act, including “Conventions,” “emblem,” “International Red Cross and Red Crescent Movement,” “Minister,” and “red cross.”
49. The principal Act is amended in section 2, by inserting in their appropriate alphabetical order the following new definitions: ““Conventions” means the four Geneva Conventions and the additional Protocols made thereunder; “emblem” means the red cross or the red crescent; “International Red Cross and Red Crescent Movement” means the International Committee of the Red Cross (ICRC), the International Federation of Red Cross and Red Crescent Societies and the various national Red Cross or Red Crescent societies; “Minister” means the Minister responsible for legal affairs; “red cross” when used to signify a heraldic emblem, means an emblem depicting a red cross on white ground.” - 50
AI-assisted research summary: This provision amends the principal Act by deleting section 3 and replacing it with new text that begins “Re-establishment of society”.
50. The principal Act is amended by deleting section 3 and substituting for it the following: “Re-establishment of society - 3
AI-assisted research summary: This provision continues the Tanzania Red Cross Society, recognizes it as the sole national Red Cross Society for the United Republic, and gives it corporate status and property powers.
3.-(1) There shall continue to be established and constituted the Tanzania Red Cross Society which shall be a member of the International Federation of the Red Cross and Red Crescent Societies, and is recognized as the sole national Red Cross Society for the United Republic. (2) The society shall be a 29 Amendment of section 3 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 voluntary aid Society and auxiliary to the public authorities in accordance with the their 1949 Geneva Conventions and additional protocols. Amendment of section 7 (3) The Society shall be a body corporate having perpetual succession and a common seal capable of suing and being sued and which shall have the power of holding, otherwise acquiring, and disposing of property both movable and immovable.” purchasing and - 51
AI-assisted research summary: This provision amends the principal Act by deleting section 7 and replacing it with new text beginning with “Offences.”
51. The principal Act is amended by deleting section 7 and substituting for it the following: “Offences - 7
AI-assisted research summary: It is an offence to falsely claim to be a Society member or agent, or to use the Society’s emblem or a similar imitation for deceptive purposes.
7.-(1) Any person who, falsely and with intent to deceive or defraud- of (a) holds himself out to be a member of or an agent for the Society for soliciting, the collecting or receiving money or other property; or purpose (b) wears or displays the emblem or any colourable imitation thereof for the purpose of inducing the belief that he is a member of or an agent for the Society or that he the has been Society any as qualification for administering first-aid or other treatment for injury or sickness, recognized by possessing commits an offence and shall be liable on conviction to a fine of not than one million but not less exceeding two million shillings or to imprisonment for a term of not less than three years but not exceeding five years or to both. (2) Where an offence contemplated 30 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 in this section has been committed for which any corporate body is or was liable to prosecution, any person who was, at the time of the commission of the offence, a director or a member of the management of the corporate body and who knew of or could the have prevented offence, is guilty of the said offence, either jointly with the corporate body or part there from, and on conviction shall be liable to the punishment provided for in this section.” the commission of - 52 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by inserting a new provision after section 7 titled “Emblem and compliance of usage.”
52. The principal Act is amended by adding immediately after section 7 the following: “Emblem and compliance of usage - 7A Verify source ↗
(1) The emblem of the Red Cross
AI-assisted research summary: The Red Cross and Red Crescent emblems are protected, and their use is limited to specified purposes or authorized uses.
7A.-(1) The emblem of the Red Cross and Red Crescent are protected in the manner provided the for Conventions. this Act and in in Addition of sections 7A and 7B (2) The emblem may only be used- (a) as a sign that persons and equipment fall under protection of the Conventions; (b) to (c) with show persons or that equipment are connected to the International Red Cross and Red Crescent movement; the the authorization of Minister responsible for defence affairs in respect of personnel and equipment of Tanzania Peoples Defence Forces; or (d) in the manner as otherwise authorized by regulations made by the Minister in that regard. (3) Subject to subsection (2), the Minister shall ensure compliance and take appropriate measures to prevent any misuse of the emblem. (4) The Society shall, in the performance of its functions - (a) cooperate with the Minister 31 No.11 The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019 responsible for defence affairs; (b) inform such Minister of any misuse of the emblem which has come to its knowledge, and (c) cooperate with the Government and in proceedings relating to the use or misuse of the emblem. authorities other Powers to make regulations - 7B Verify source ↗
The Minister may make
AI-assisted research summary: The Minister may make regulations or rules to help carry out this Act.
7B. The Minister may make regulations or rules for better carrying out the provisions of this Act." Passed by the National Assembly on the 5th September, 2019. STEPHEN KAGAIGAI Clerk of the National Assembly 32
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The Written Laws (Miscellaneous Amendments) (No.4) Act, 2019
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