Written Laws (Miscellaneous Amendments) Act, 2016 (No. 3 of 2016)

1. Short title .

2. Amendment of certain written laws. PART II AMENDMENT OF THE APPELLATE JURISDICTION ACT, (CAP.141)

3. Construction.

4. Amendment of section 4.

4A. Amendment of section 5. PART III AMENDMENT OF THE ECONOMIC AND ORGANISED CRIME CONTROL ACT, (CAP. 200)

5. Construction.

6. Amendment of section 2.

7. Amendment of Part II.

8. Amendment of section 3.

8A. Repeal of section 4,5, 6 and 7. 1 No. 3 Written Laws (Miscellaneous Amendments) Act 2016

8B. Repeal of section 16.

8C. Repeal of section 17.

9. Amendment of section 29.

10. Amendment of section 36.

10A. Amendment of section 43.

10B. Amendment of section 46.

10C. Amendment of section 49.

11. Amendment of section 53.

12. Addition of section 59A.

13. Amendment of section 60.

14. Addition of new section 63A.

15. Repeal of section 66.

16. Amendment of the First Schedule.

16A. Amendment of the Second Schedule. PART IV AMENDMENT OF THE JUDICATURE AND APPLICATION OF LAWS ACT, (CAP. 358)

17. Construction .

18. Addition of section 4A. PART V AMENDMENT OF THE MAGISTRATES’ COURTS ACT, (CAP.11)

19. Construction .

20. Amendment of section 18.

21. Amendment of section 19.

22. Amendment of section 40. PART VI AMENDMENT OF THE TAX REVENUE APPEALS ACT, (CAP. 408)

23. Construction.

24. Amendment of section 4.

25. Amendment of section 6.

26. Amendment of section 8.

27. Amendment of section 10.

28. Amendment of section 25. 2 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 THE UNITED REPUBLIC OF TANZANIA NO. 3 OF 2016 I ASSENT, JOHN POMBE JOSEPH MAGUFULI President [ 7 th July, 2016 ] An Act to amend certain Written Laws. ENACTED by Parliament of the United Republic of Tanzania. PART I PRELIMINARY PROVISIONS Short title 1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2016. Amendment of 2. The Written Laws specified in various Parts of this Act certain written are amended in the manner specified in their respective Parts. laws 3 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 PART II AMENDMENT OF THE APPELLATE JURISDICTION ACT, (CAP.141) Construction 3. This Part shall be read as one with the Appellate Cap. 141 Jurisdiction Act, hereinafter referred to as “the principal Act”. Amendment 4. The principal Act is amended in section 4 by- section 4 (a) adding immediately after subsection (3) the following new subsection- “(4) The Court of Appeal shall have the power to review its own decisions.” (b) re-numbering subsection (4) and (5) as subsections (5) and (6) respectively. Amendment of 4A. The principal Act is amended in section 5 by deleting section 5 the phrase “criminal charge.” PART III AMENDMENT OF THE ECONOMIC AND ORGANISED CRIME CONTROL ACT, (CAP. 200) Construction 5. This Part shall be read as one with the Economic and Cap. 200 Organized Crime Control Act, hereinafter referred to as the “principal Act”. Amendment 6. The principal Act is amended in section 2 by- of section 2 (a) deleting the definition of the term “Court” and substituting for it the following - ““Court” means the Corruption and Economic Crimes Division of the High Court established under section 3;”; (b) deleting the definition of the term “document” and substituting for it the following- Cap. 6 “document” has the meaning ascribed to it under the Evidence Act;”; (c) inserting in the appropriate alphabetical order the following new definition - ““corruption offence” means an offence under the 4 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Cap.329 Prevention and Combating of Corruption Act specified in the First Schedule; (d) deleting the definitions of the terms “lay member” and “Regional Judicial Board”. Amendment 7. The principal Act is amended by deleting the heading of Part II and sub-heading appearing under Part II and substituting for them the following:- “THE CORRUPTION AND ECONOMIC CRIMES DIVISION OF THE HIGH COURT Establishment and composition of the Court” Amendment 8. The principal Act is amended by repealing section 3 and of section 3 replacing for it the following- “Establishment, 3.-(1) There is established the composition Corruption and Economic and jurisdiction of the Court CrimesDivision of the High Court with the Registry and sub-registries as may be determined by the Chief Justice, inwhich proceedings concerning corruption and economiccasesunder this Act may be instituted. (2) The Corruption and Economic Crimes Division of the High Court shall consist of a Judge or such number of Judgesof the High Court as may be determined by the Chief Justice. (3) The Court shall have jurisdiction to hear and determine cases involving- (a) corruption and economic offences specified in paragraphs 3 to 21 and paragraphs 27, 29 and 38 of the First Schedule whose value is not less than one billion shillings, save for paragraph 14; 5 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 (b) economic offences specified under paragraphs 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33,34, 35, 36, 37 and 39 of the Schedule regardless of their value; and (c) such other offences as may be referred to, or instituted in the Court in terms of the provisions of this Act.” Repeal of 8A.The principal Act is amended by repealing sections sections 4,5,6 4,5,6 and 7. and 7 Repeal of 8B. The principal Act is amended by repealing section16. section 16 Amendment 8C. The principal Act is amended in section 17 by deleting of section 17 the word “District” and substituting for it the word “Deputy.” Amendment 9. Section 29 of the principal Act is amended- of section 29 (a) in subsection (3) by deleting the words “High Court sitting as the Economic Crimes Court” and substituting for them the words “Corruption and Economic Crimes Division of the High Court” ; (b) in subsections (7) and (8) by deleting the words “High Court” and substituting for them the word “Court” respectively. Amendment 10. The principal Act is amended in section 36(5) by of section 36 deleting paragraph (a) and substituting for it the following:- “(a) where the offence with which the person is charged involves actual money or property whose value exceeds ten million shillings unless that person deposits cash or other property equivalent to half the amount or value of actual money or property involved and the rest is secured by execution of a bond:- Provided that, where the property to be deposited is immovable, it shall be sufficient to deposit the title deed, or if the title deed is not 6 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 available such other evidence as is satisfactory to the court in proof of existence of the property; save that this provision shall not apply in the case of police bail.” Amendment 10A. The principal Act is amended by repealing section 43 of section 43 and replacing for it the following- “Judgment 43.-(1) After all the evidence has and been heard, the Court shall proceed to sentence pass judgment and either convicts and sentence or acquit and discharge the accused accordingly. (2) Every judgment shall contain the point or pointsfor determination, the decision on the point or points and the reasons for the decision, and shall be dated and signed by the trial judge or the majority judges as the case may be. (3) Where on a question to be decided by a majority of the judges of the Court, any judge holds the view which is different from that of the majority, a minority opinion of a judge shall be signed and dated and the Court shall inform the parties of the situation and be pronounced in open court. (4) Where the Court acquits the accused, it shall require him to give his permanent address for service in case there is an appeal against his acquittal, and the Court shall record or cause it to be recorded.” Amendment 10B. The principal Act is amended in section 46 by deleting of section 46 the word “education,” appearing between the words “the” and “reception” and substituting for it the word “production,” 7 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Amendment 10C.The principal Act is amended in section 49(6) by of section 49 deleting the phrase “evidence the judge and lay members shall each affix his signature” appearing between the words “given” and “at” and substituting for it the phrase “evidence,the Judge or Judges shall affix their signature.” Amendment 11. The principal Act is amended in section 53 by- of section 53 (a) designating the contents of section 53 as subsection (1); (a) adding immediately after subsection (1) as designated the following new subsection: “(2) Subject to subsection (1), the provisions of the Whistleblower and Witness Protection Act, and any other Cap. 446 relevant law shall apply in matters relating to witness protection under this Act.” Addition of 12. The principal Act is amended by adding section 59A immediately after section 59 the following new section: “Prohibition 59A.-(1) Notwithstanding of the provision of any other law, the Insolvency provisions governing bankruptcy or filing of any insolvency proceedings shall not apply to property which is subject of investigation or trial under this Act. (2) Winding up of the company and thefunctions of the liquidator shall not be performed in relation to property which is subject of investigation or trial under this Act.” Amendment 13. Section 60 of the principal Act is amended:- of section 60 (a) in subsection (3), by deleting paragraph (c) and substituting for it the following: “(c) a child shall be sentenced in accordance with the provisions of the Cap.13 Law of the child Act”. (b) by deleting subsections (2), (3) and (4) and substituting for it the following- 8 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 “(2) Notwithstanding provision of a different penalty under any other law and subject to subsection (3), a person convicted of corruption or economic offence shall be liable to imprisonment for a term of not less than twenty years but not exceeding thirty years, or to both that imprisonment and any other penal measure provided for under this Act; Provided that, where the law imposes penal measures greater than those provided by this Act, the Court shall impose such sentence. (3) In addition to the penalty imposed under subsection (2), the court shall order the confiscation and forfeiture, to the Government of all instrumentalities and proceeds derived from the offence committed under this Act. (4) All awards for compensation shall be taken from the personal properties or joint owned properties or such interest to the joint owned property attributed to the offender,where such properties are insufficient to cover the award, such balance shall be a civil debt due to the Government recoverable by civil process. (5) Where the proceeds and instrumentalities in respect of which the offence was committed are destroyed, diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly of the offender, or it has been concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds or instrumentalities of the offence. 9 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 (6) A person who knowingly aids or abets the offender in destroying, diminishing in value or otherwise rendering it worthless by any act or omission, directly or indirectly under this Act, commits an offence and shall upon conviction, be liable to imprisonment for a term not exceeding five years.” Addition of 14. The principal Act is amended by inserting new immediately after section 63 the following new section:- section 63A “Power 63A.-(1) The Chief Justice to may, by Order published in the make Gazette, make rules for the better Rules performance of the duties of the Court. (2) Without prejudice to the generality of subsection (1), the rules may prescribe:- (a) the contents and manner in which various court reports shall be prepared and submitted; (b) contents of records of committal proceedings; (c) procedures governing preliminary hearing; (d) procedure for summoning of witnesses and for hearing of cases under this Act; (e) procedure and conduct of the Registrar in the performance of functions under this Act; (f) protection of witnesses under this Act; and 10 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 (g) anything which needs to be prescribed by rules under this Act.” Repeal of 15. The principal Act is amended by repealing section 66 section 66 and replacing for it the following:- “Savings 66.-(1) Notwithstanding the establishment of the Corruption and Economic Crimes Division of the High Court, where the Economic Crimes Court had:- (a) commenced the hearing of any case relating to economic offences, it shall continue with the hearing until it determines the proceedings in that case; or (b) adjourned the hearing of any case relating to an economic offence, it shall resume the hearing on the fixed or earlier date and proceed to further hear and determine the proceedings in that case, but the court shall not take a plea or pleas in respect of any fresh case not brought before the commencement of this Act. (2) The coming into operation of the amending Act shall not- (a) affect the previous operation of the amended Act or anything duly done or suffered under it; 11 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 (b) revive anything not in force or existing at the time immediately before the commencement of this Act; (c) affect any right, privilege, or obligation or liability acquired, accrued, or incurred under the amended Act; or (d) affect any penalty, forfeiture or punishment incurred in respect of any economic offence or other offence committed and triable under the amended Act. (3) For the purpose of this section “amending Act” means the Written Laws (Miscellaneous Amendment) Act, 2016.” Amendment of 16. The principal Act is amended in the First the First Schedule by- Schedule (a) deleting paragraph 14 and substituting for it the following: “Offences 14. A person is guilty of related to an offence under this paragraph Wildlife Caps.283 or who commits an offence under 282 section 17, 19, 24, 26, 28, 47, 53, 103, 105, Part X or Part XI of the Wildlife Conservation Act or section 16 of the National Parks Act.” (b) adding immediately after paragraph 20 the following:- “Offences under 21. A person is the Prevention guilty of an offence under 12 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 and Combating this paragraph who of Corruption commits any offence Act Cap. 329 under the Prevention and Combating of Corruption Act other than an offence under section 15 of that Act. Offences related 22. A person is to anti-money guilty of an offence under laundering Cap. 423 this paragraph who commits an offence under section 12, 17 or 20 of the Anti- Money Laundering Act. Offences related 23. A person is to drugs control guilty of an offence under Cap. 95 this paragraph who commits an offence under section 15, 16 or 23 of the Drugs Control and Enforcement Act.” Offences related 24.A person is to terrorism guilty of an offence under this paragraph who commits any offence under the Prevention of Terrorism Act. Offences related 25.A person is to territorial sea guilty of an offence under and exclusive economic zone this paragraph who commits any offence under the Territorial Sea and Exclusive Economic Zone Act. Offences related 26. A person is to deep sea guilty of an offence under fishing 13 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 this paragraph who commits an offence under Cap. 388 section 18 of the Deep Sea Fishing Authority Act. Offences related 27. A person is to mining guilty of an offence under this paragraph who commits an offence under Cap. 123 section 18 of the Mining Act. Offences related 28.A person is to atomic energy guilty of an offence under this paragraph who commits an offence under Cap. 188 section 11, 13, 14 or 72 of the Atomic Energy Act. Offences related to 29. A person is food and drugs guilty of an offence under Cap. 219 this paragraph who commits an offence under section 32, 18 or 114 of the Tanzania Food and Drugs Control Act. Offences related 30. A person is to extractive guilty of an offence under industries this paragraph who Cap. 447 commits an offence under section 23 or 24 of the Tanzania Extractive Industries (Transparency and Accountability)Act. Offences related 31.A person is guilty to fire arms and of an offence under this ammunition paragraph who commits Cap.223 an offence under section 20, 21 or 45 of the Fire 14 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Arms and Ammunition Control Act. Offences related 32.A person is guilty to armaments of an offence under this Cap.246 paragraph who commits any offence under the Armaments Control Act. Offences related 33. A person is guilty to forestry of an offence under this Cap.323 paragraph who commits an offenceunder section 86 or 89 of the Forest Act. Offences related 34. A person is guilty to petroleum of an offence under this paragraph who commits an offence under section Cap.392 239 or 240 of the Petroleum Act. Offences related 35. A person is guilty to oil and gas of an offence under this revenues paragraph who commits an offence under section 21 of the Oil and Gas Revenues Cap.328 Management Act. Offences related 36. A person is guilty to cyber of an offence under this paragraph who commits an offence under section 6, 7, 8, 9, 10, 11, 12 or 19 of the Cyber Crimes Act. Cap.443 Offences related 37. A person is guilty to electronic and of an offence under this postal communications paragraph who commits an offence under section 15 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 120, 122, 123 or 124 of Cap.306 the Electronic and Postal Communications Act. Offences under 38. A person is guilty the Penal Code of an offence under this paragraph who commits Cap.16 an offence under section 66,96, 194A, 284A, or 318A of the Penal Code. Offences related 39. A person is guilty to whistleblower of an offence under this and witness protection paragraph who commits offence under section 16 Cap.446 of the Whistleblower and Witness Protection Act.” Amendment of 16A. The principal Act is amended by deleting the the Second Second Schedule and substituting for it the following:- Schedule ________ SECOND SHEDULE ________ OATHS OR AFFIRMATION OF WITNESSES _______ (Made under section 48 (2)) _______ Christians: “I swear that I shall do my best to tell the truth SO HELP ME GOD” Muslims: “Wallah, Billahi, Ta Alahi: I solemnly affirm that I shall do my best to tell the truth.” Hindu: “I solemnly affirm that I shall do my best to tell the truth.” Others: “I solemnly affirm that I shall do my best to tell the truth.”” PART IV AMENDMENT OF THE JUDICATURE AND APPLICATION OF LAWS ACT, (CAP. 358) Construction 17. This Part shall be read as one with the Judicature Cap. 179 and Application of Laws Act, hereinafter referred to as the “principal Act”. 16 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Addition of 18. The principal Act is amended by adding section 4A immediately after section 4 the following new section:- “Power to 4A.-(1) The Chief Justice may, establish after consultation with the President, by High Court Order published in the Gazette, establish divisions such number of divisions of the High or Court as may be required for the registries purpose of facilitating the discharge of judicial functions in respect of specific matters as may be determined by the Chief Justice. (2) The division established under subsection (1) shall, notwithstanding any other written law, exercise jurisdiction over such judicial functions as may be prescribed in the establishment Order. (3) The Chief Justice may by Order published in the Gazette, establish such number of registries or sub- registries of the High Court as may be required. (4) For avoidance of doubt, any division or registry or sub-registry which was established by Chief Justice prior to the coming into operation of the provisions of this section shall be deemed to have been established in accordance with the provisions of this section. (5) The Chief Justice may, by Order published in the Gazette, make rules prescribing practice and procedure of the division established under this section or for such other matters as may be required.” 17 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 PART V AMENDMENT OF THE MAGISTRATES’ COURTS ACT, (CAP.11) Construction 19. This Part shall be read as one with the Cap. 11 Magistrates’ Courts Act, hereinafter referred to as “the principal Act”. Amendment of 20. Section 18 of the principal Act is amended in section 18 subsection (1), by:- (a) deleting the words “five million” appearing in paragraph (a) (ii) and substituting for it the words “fifty million”; and (b) deleting the words “three million” appearing in paragraph (a) (iii) and substituting for it the words “thirty million”. Amendment of 21. The principal Act is amended in section 19 by section 19 deleting the words “Minister may” appearing in subsection (2) and substituting for it the phrase “Chief Justice may upon consultation with the Minister”. Amendment of 22.Section 40 of the principal Act is amended in section 40 subsection (2), by- (a) deleting the words “one hundred and fifty” appearing in paragraph (a) and substituting for it the words “three hundred”; and (b) deleting the words “one hundred” appearing in paragraph (b) and substituting for it the words “two hundred”. PART VI AMENDMENT OF THE TAX REVENUE APPEALS ACT, (CAP. 408) Construction 23. This Part shall be read as one with the Tax Cap. 408 Revenue Appeals Act, hereinafter referred to as the “principal Act”. Amendment of 24. Section 4 of the principal Act is amended- section 4 (a) in subsection (2)(b), by deleting the word “two” and substituting for it the word “three”; 18 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 (b) in subsection (2)(c), by deleting the word “four” and substituting for it the words “not more than twelve”; (c) in subsection (3)(b), by inserting immediately after the word “taxation,” the word “law,”. Amendment of 25.The principal Act is amended in section 6 by section 6 deleting subsection (1) and substituting for it the following- “(1) The Minister shall appoint a suitable person from amongst senior judicial officer or law officer from the Government or public sector to be the Secretary of the Board.” Amendment of 26. Section 8 of the principal Act is amended- section 8 (a) in subsection (2)(b), by deleting the word “two” and substituting for it the word “three”; (b) in subsection (2)(c), by deleting the word “four” and substituting for it the words “not more thanten”; (c) in subsection (3),- (i) by deleting paragraph (a) and substituting for it the following: “(a) chairman if he holds or has previously held or is qualified for appointment to a higher judicial office in the United Republic.”; (ii) by inserting immediately after the word “taxation,” appearing in paragraph (b) the word “law,”. Amendments of 27. The principal Act is amended in section 10(1), section 10 by deleting the words “senior lawyer” and substituting for them the words “a senior judicial officer or law officer”. Amendment of 28.The principal Act is amended in section 25(1), section 25 by inserting immediately after the word “decision” appearing in the first line, the words “and decree.” 19 No. 3 Written Laws (Miscellaneous Amendments) Act 2016 Passed by the National Assembly on the 24thJune, 2016. THOMAS DIDIMU KASHILILAH Clerk of the National Assembly 20