Written Laws (Miscellaneous Amendments) Act, No. 1 of 2020

1. Short title.

2. Amendment of certain written laws. PART II AMENDMENT OF THE CIVIL PROCEDURE CODE, (CAP. 33)

3. Construction.

4. Amendment of section 3.

5. Amendment of Part V.

6. Addition of section 64A. PART III AMENDMENT OF THE CRIMINAL PROCEDURE ACT, (CAP. 20)

7. Construction. 1 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020

8. Amendment of section 289. PART IV AMENDMENT OF THE DAIRY INDUSTRY ACT, (CAP. 262)

9. Construction.

10. Amendment of section 2.

11. Amendment of section 5.

12. Amendment of section 7.

13. Repeal and replacement of section 9.

14. Amendment of section 16.

15. Amendment of section 17.

16. Addition of section 25A.

17. Addition of sections 33A and 33B. PART V AMENDMENT OF THE EXECUTIVE AGENCIES ACT, (CAP. 245)

18. Construction.

19. Amendment of section 3. PART VI AMENDMENT OF THE FISHERIES ACT, (CAP. 279)

20. Construction.

21. Amendment of section 8.

22. Amendment of section 40.

23. Repeal and replacement of section 47. PART VII AMENDMENT OF THE GOVERNMENT PROCEEDINGS ACT, (CAP. 5)

24. Construction.

25. Amendment of section 6. 2 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020

26. Amendment of section 16. PART VIII AMENDMENT OF THE LAW OF THE CHLD ACT, (CAP. 13)

27. Construction.

28. Amendment of section 97. PARTI IX AMENDMENT OF THE LOCAL GOVERNMENT (DISTRICT AUTHORITIES) ACT, (CAP. 287)

29. Construction.

30. Amendment of section 26.

31. Amendment of section 190. PART X AMENDMENT OF THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT, (CAP. 288)

32. Construction.

33. Amendment of section 106. PART XI AMENDMENT OF THE MEAT INDUSTRY ACT, (CAP. 421)

34. Construction.

35. Amendment of section 2.

36. Amendment of section 3.

37. Repeal and replacement of section 5.

38. Repeal and replacement of section 9.

39. Amendment of section 33.

40. Addition of sections 33A and 33B. 3 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 PART XII AMENDMENT OF THE PENAL CODE, (CAP. 16)

41. Construction.

42. Amendment of section 138C. PART XIII AMENDMENT OF THE PROBATE AND ADMINISTRATION OF ESTATES ACT, (CAP. 352)

43. Construction.

44. Amendment of section 107. PART XIV AMENDMENT OF THE TANGANYIKA LAW SOCIETY ACT, (CAP. 307)

45. Construction.

46. Amendment of section 2.

47. Amendment of section 4.

48. Amendment of section 6.

49. Amendment of section 8.

50. Amendment of section 9.

51. Amendment of section 15.

52. Repeal and replacement of section 16.

53. Addition of section 17A.

54. Amendment of Part V.

55. Repeal and replacement of section 19.

56. Repeal and replacement of section 21.

57. Amendment of section 22.

58. Amendment of section 28.

59. Repeal and replacement of section 29.

60. Repeal and replacement of section 30. 4 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 PART XV AMENDMENT OF THE TRUSTEES’ INCORPORATION ACT, (CAP. 318)

61. Construction.

62. Amendment of section 2.

63. Amendment of section 8. 5 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 THE UNITED REPUBLIC OF TANZANIA NO. 1 OF 2020 I ASSENT JOHN POMBE JOSEPH MAGUFULI, President [14th February, 2020] 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, 2020. Amendment 2. The written laws specified in various Parts of of certain written laws this Act are amended in the manner specified in their respective Parts. 6 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 PART II AMENDMENT OF THE CIVIL PROCEDURE CODE, (CAP. 33) Construction 3. This Part shall be read as one with the Civil Cap. 33 Procedure Code, hereinafter referred to as the “principal Act”. Amendment 4. The principal Act is amended in section 3, by of section 3 adding in the appropriate alphabetical order the following definition: ““Minister” means the Minister responsible for legal affairs;”. Amendment 5. The principal Act is amended by deleting the of Part V subtitle appearing immediately after the title to Part V and substituting for it the following subtitle: “Conciliation, Negotiation, Mediation and Arbitration”. Addition of section 6. The principal Act is amended by adding 64A immediately after section 64 the following: “Conciliation, 64A.-(1) Without negotiation and mediation prejudice to the provisions of section 64, parties may settle their disputes out of court by way of conciliation, negotiation or mediation. (2) For purposes of facilitating conciliation, negotiation and mediation, the Minister may make rules prescribing for procedures, forms and other matters relating to conciliation, negotiation and mediation. (3) Where parties reach an agreement upon settlement 7 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 of their disputes, they may register their agreement in a court of competent jurisdiction. (4) The provisions of this section shall not apply to any matter for which the manner and procedure of settlement has been stipulated in any other written law.”. PART III AMENDMENT OF THE CRIMINAL PROCEDURE ACT, (CAP. 20) Construction 7. This Part shall be read as one with the Criminal Cap.20 Procedure Act, hereinafter referred to as the “principal Act”. Amendment of 8. The principal Act is amended in section 289, by section 289 adding immediately after subsection (3), the following: “(4) For the purpose of this section, “substance of evidence” includes substance contained in a document, record or any other tangible object.”. PART IV AMENDMENT OF THE DAIRY INDUSTRY ACT, (CAP. 262) Construction 9. This Part shall be read as one with the Dairy Cap.262 Industry Act, hereinafter referred to as the “principal Act”. Amendment of 10. The principal Act is amended in section 2, by- section 2 (a) deleting the definition of the term “milk” and substituting for it the following: ““milk” means milk of a cow and includes designated milk;”; and (b) adding in the appropriate alphabetical order the following new definitions: 8 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 ““milk trader” means a person or entity that buys milk from a producer or a milk collection center and sells to a processor or consumer; “inspector” means a person appointed as such in terms of section 33B; “processed milk” means a product prepared from milk through any approved process, including heating, separation, evaporation and drying;”. Amendment of 11. The principal Act is amended in section 5(1), section 5 by deleting paragraph (b) and substituting for it the following: “(b) two members representing recognised stakeholder organization in every region;”. Amendment of 12. The principal Act is amended in section 7, by- section 7 (a) deleting paragraph (b); and (b) renaming paragraphs (c), (d) and (e) as paragraphs (b), (c) and (d) respectively. Repeal and 13. The principal Act is amended by repealing replacement of section 9 section 9 and replacing for it the following: “Composition of 9.-(1) The Tanzania Dairy Board Board shall be composed of the Chairman and other members appointed by the Minister as follows- (a) one member representing the Ministry responsible for livestock development; (b) one member representing the Ministry responsible for local government authorities; 9 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 (c) a Law Officer from the Office of the Attorney General; (d) one member representing an institution responsible for food quality control; and (e) two members representing Dairy Industry Stakeholders.” (2) In appointing members of the Board under subsection (1), the Minister shall have due regard to gender, but in any case, at least two members shall be female.”. Amendment of 14. The principal Act is amended in section 16(5)(a), section 16 by- (a) deleting subparagraphs (iv) and (vi); (b) renaming subparagraph (v) as subparagraph (iv); (c) adding immediately after subparagraph (iv) as renamed the following: “(v) milk retailers; (vi) milk collectors; (vii) milk whole sellers; (viii) milk distributors; (ix) milk traders; (x) projects implemented in the dairy industry; and (xi) any other person as the Board may determine.”. Amendment of 15. The principal Act is amended in section 17(2), section 17 by deleting paragraphs (a) to (d) and substituting for them the following: “(a) milk production; (b) milk processing; (c) dairy input supplies, manufacture or 10 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 importation; (e) milk collection; (f)milk wholesale; (g) milk distribution; (h) milk retail; (i)milk trade; (j)projects implemented in the dairy industry; and (k) any other activity as the Board may determine.”. Addition of 16. The principal Act is amended by adding section 25A immediately after section 25 the following: “Compounding of 25A.-(1) Notwithstanding offences the provisions of this Act relating to penalties, where a person admits in writing that he has committed an offence under this Act or Regulations made there under the Registrar, or a person authorised by him in writing may, at any time prior to the commencement of the proceedings by a court of competent jurisdiction, compound such offence and order such person to pay a sum of money not exceeding one half of the amount of the fine to which such person would otherwise have been liable to pay if he had been convicted of such offence. (2) Where the person fails to comply with the compounding order issued under this section within the prescribed period, the Registrar or person 11 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 authorised by him may, in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the Regulations. (3) Where the person fails to comply with subsection (2), the Registrar may enforce the compounding order and interest accrued thereof in the same manner as a decree of a court. (4) The Registrar shall submit quarterly reports of all compounded offences under this section to the Director of Public Prosecutions. (5) The forms and manner of compounding of offences shall be as prescribed in the regulations made under this Act.”. Addition of 17. The principal Act is amended by adding sections 33A and 33B immediately after section 33 the following: “Diary laboratory 33A. The Minister may, upon consultation with the Chief Government Chemist, make regulations for the establishment of a dairy laboratory which shall, among other things, undertake research for the purpose of assisting dairy industry stakeholders in the improvement of milk quality and generally, the promotion of dairy industry in accordance with the requirement of this Act. 12 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 Appointment of 33B.-(1) Subject to section inspectors 32(o), the Board may for the purpose of implementing its functions in relation to inspection, delegate to local government authorities or other relevant authorities powers to carry out inspection and such other related activities under this Act. (2) For purposes of exercising of delegated functions under subsection (1), the Director of a local government authority or, as the case may be, the head of relevant authority shall, upon request and guidance of the Board, submit to the Board a list of eligible persons for appointment as inspectors. (3) A person shall be deemed to be an inspector under this Act upon receipt of a letter of appointment from the Registrar and shall have powers to perform functions specified in the regulations.”. PART V AMENDMENT OF THE EXECUTIVE AGENCIES ACT, (CAP. 245) Construction 18. This Part shall be read as one with the Executive Cap.245 Agencies Act, hereinafter referred to as the “principal Act”. Amendment of 19. The principal Act is amended in section 3 by section 3 adding immediately after subsection (6) the following: “(7) In any proceedings by or against 13 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 an Executive Agency, the Attorney General shall be joined as a necessary party, and a notice to that effect shall be served to the Attorney General. (8) Where a decree is to be executed against property in possession of an Executive Agency, procedure to execute decrees against Government property under Cap. 5 the Government Proceedings Act shall apply.”. PART VI AMENDMENT OF FISHERIES ACT, (Cap. 279)

20. This Part shall be read as one with the Fisheries Construction Cap.279 Act, hereinafter referred to as the “principal Act”. Amendment of 21. The principal Act is amended in section 8, by section 8 deleting subsection (5) and substituting for it the following: “(5) Subject to subsection (4), the Minister for local government authority shall, if satisfied that there is mismanagement of the functions related to the fisheries by the local authority, take necessary measures to remedy the mismanagement.”. Amendment of 22. The principal Act is amended in section 40(1)- section 40 (a) in the opening phrase, by deleting the words “to this Act” and substituting for them the words “or in the regulations made under this Act”; (b) by deleting the words “one hundred thousand shillings” appearing in paragraph (a) and substituting for them the words “one half of the amount of the fine to which such person would otherwise have been liable to pay if he had been convicted of such offence ”; and (c) by deleting the words “ten thousand shillings” appearing in paragraph (b) and substituting for 14 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 them the words “one million shillings”. Repeal and 23. The principal Act is amended by repealing replacement of section 47 section 47 and replacing it with the following: “Penalty 47. Any person who for other offences contravenes the provisions of this Act to which no specific penalty is prescribed commits an offence and shall, upon conviction, be liable- (a) in the case of offences involving unlawful fishing or fish trading or facilitating unlawful fishing or fish trading, to a fine of not less than ten million shillings but not exceeding fifty million shillings; (b) in the case of offences other than offences under paragraph (a), to a fine of not less than two hundred thousand shillings but not exceeding ten million shillings, or to imprisonment for a term of not less than two years but not exceeding ten years.”. PART VII AMENDMENT OF THE GOVERNMENT PROCEEDINGS ACT, (CAP. 5) Construction 24. This Part shall be read as one with the Cap. 5 Government Proceedings Act, hereinafter referred to as the “principal Act”. 15 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 Amendment of 25. The principal Act is amended in section 6, by- section 6 (a) deleting subsection (3) and substituting for it the following- “(3) All suits against the Government shall, upon the expiry of the notice period, be brought against the Government, ministry, government department, local government authority, executive agency, public corporation, parastatal organization or public company that is alleged to have committed the civil wrong on which the civil suit is based, and the Attorney General shall be joined as a necessary party. (4) Non-joinder of the Attorney General as prescribed under subsection (3) shall vitiate the proceedings of any suit brought in terms of subsection (3).”; and (b) renumbering subsections (4), (5) and (6) as subsections (5), (6) and (7) respectively. Amendment of 26. The principal Act is amended in section 16, by section 16 adding immediately after subsection (3) the following: “(4) For the purposes of subsection (3), the word “Government” shall include a Government ministry, local government authority, independent department, executive agency, public corporation, parastatal organization or a public company established under any written law to which the Government is a majority shareholder.”. PART VIII AMENDMENT OF THE LAW OF THE CHILD ACT, (CAP. 13) Construction 27. This Part shall be read as one with the Law of Cap.13 the Child Act, hereinafter referred to as the “principal Act”. Amendment of 28. The principal Act is amended in section 97, by- section 97 (a) deleting subsection (2) and substituting for it the 16 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 following: “(2) Without prejudice to subsection (1), a District Court premises or a Court of Resident Magistrate premises may be used as a Juvenile Court.”. (b) adding immediately after subsection (2) the following: “(3) Notwithstanding subsection (2), a District Court or a Court of Resident Magistrate may hear and determine any matter triable by a Juvenile Court. (4) For the purpose of subsection (3), a District Court or a Court of Resident Magistrate shall follow the procedure prescribed under section 99 of this Act. (5) A Juvenile Court established in terms of subsection (1) shall, as the case may be, be under the management and supervision of- (a) the District Court within the District in which the Juvenile Courts is established; and (b) the Resident Magistrate Court within the region that necessitates the establishment of the Juvenile Court.”; and (c) renumbering subsection (3) as subsection (6). PART IX AMENDMENT OF THE LOCAL GOVERNMENT (DISTRICT AUTHORITIES) ACT, (CAP. 287) Construction 29. This Part shall be read as one with the Local Cap.287 Government (District Authorities) Act, hereinafter referred to as the “principal Act”. Amendment of 30. The principal Act is amended in section 26, by section 26 adding immediately after subsection (2) the following: 17 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 “(3) Notwithstanding subsection (2), the District Executive Director shall have the right to be joined as a party in any suit or matter instituted by or against the Village Council, and for that purpose the Village Council shall have a duty to notify the District Executive Director of any impending suit or intention to institute a suit or matter against the Village Council.”. Amendment of 31. The principal Act is amended in section 190, by section 190 deleting subsection (1) and substituting for it the following: “(1) No suit shall be commenced against a local government authority- (a) unless a ninety days’ notice of intention to sue has been served upon the local government authority and a copy thereof to the Attorney General and the Solicitor General; and (b) upon the lapse of the ninety days period for which the notice of intention to sue relates.”. PART X AMENDMENT OF THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT, (CAP. 288) Construction 32. This Part shall be read as one with the Local Cap.288 Government (Urban Authorities) Act, hereinafter referred to as the “principal Act”. Amendment of 33. The principal Act is amended in section 106, by section 106 deleting subsection (1) and substituting for it the following: “(1) No suit shall be commenced against an urban authority- (a) unless a ninety days’ notice of intention to sue has been served upon the urban authority and a copy thereof to the Attorney General and the Solicitor 18 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 General; and (b) upon the lapse of the ninety days period for which the notice of intention to sue relates.”. PART XI AMENDMENT OF THE MEAT INDUSTRY ACT, (CAP. 421) Construction 34. This Part shall be read as one with the Meat Cap. 421 Industry Act, hereinafter referred to as the “principal Act”. Amendment of 35. The principal Act is amended in section 2, by section 2 adding immediately after subsection (2) the following: “(3) This Act shall apply to Mainland Tanzania.”. Amendment of 36. The principal Act is amended in section 3, by section 3 adding in the appropriate alphabetical order the following new definition: ““meat industry stakeholder” means a person involved in business or activity of commercial nature in areas of livestock production and trade, meat trade, slaughtering of livestock, meat processing, livestock market, livestock market operation, livestock exportation and importation, meat or meat product importation or exportation, meat input supplier, livestock and meat based associations, meat input manufacturers, meat products marketing agents, butchery, abattoir owner or operator, slaughter man, and slaughter house owner or operator, meat festivals, competition and meat dealers, meat suppliers, 19 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 meat technology teachings of private nature or matters associated thereto;”. Repeal and 37. The principal Act is amended by repealing replacement of section 5 section 5 and replacing for it the following: “Composition of 5. The Annual Council shall Annual Council consist of the Chairman and other members to be appointed by the Minister as follows: (a) one member from the Ministry responsible for livestock; (b) one member from the Ministry responsible for local government authorities; (c) one member from the Ministry responsible for co-operatives; (d) one member from each region representing registered meat industry stakeholder’s organization; (e) one member from registered national livestock and meat traders’ organization; (f) one member from registered national meat processors’ organization; (g) one member from registered national meat consumers’ organization; (h) one member from a 20 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 public institution responsible for food quality control or food and nutrition; (i) one member from among universities majoring in agriculture; and (j) two members from Non-Government Organizations active in meat industry development.”. Repeal and 38. The principal Act is amended by repealing replacement of section 9 section 9 and replacing for it the following: “Composition of 9.-(1) The Board shall be Board composed of the Chairman and other members appointed by the Minister as follows: (a) one member representing the Ministry responsible for livestock; (b) one member representing the Ministry responsible for local government authorities; (c) one member representing the institution responsible for food quality control; (d) one member representing institutions for meat industry research and 21 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 development; (e) one member with background of agricultural economics; and (f) three members from private sector. (2) In appointing members of the Board under subsection (1), the Minister shall have due regard to gender, but in any case, at least two members shall be female.”. Amendment of 39. The principal Act is amended in section 33(1), section 33 by deleting the words “fifty thousand” and substituting for them the words “one hundred thousand”. Addition of 40. The principal Act is amended by adding sections 33A and 33B immediately after section 33 the following: “Restriction on 33A.- (1) A person who importation and exportation of imports into Mainland Tanzania meat and meat any meat or meat product without products obtaining an import clearance certificate, permit or approval from the Board, commits an offence, and shall, upon conviction be liable to a fine of not less than five million shillings but not exceeding fifty million shillings or to imprisonment for a term of not less than two years or to both. (2) A person who exports or attempts to export any meat or meat product without authorisation from the Board commits an offence and shall, upon conviction, be liable to a fine of not less than one million shillings but not exceeding 22 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 five million or to imprisonment for a term of not less than six months but exceeding twelve months or to both. (3) A person who provides false or misleading information to the Board with regard to quantity or value of meat or meat product for export, commits an offence and shall, upon conviction, be liable to a fine of not less than one million shillings but not exceeding three million shillings or to imprisonment for a term not less than six months but not exceeding twelve months or to both. Compounding 33B.-(1) Notwithstanding of offences the provisions of this Act relating to penalties, where a person admits in writing that he has committed an offence under this Act or any other sector legislation, the Registrar or a person authorised by him in writing may, at any time prior to the commencement of the proceedings by a court of competent jurisdiction, compound such offence and order such person to pay a sum of money not exceeding one half of the amount of the fine to which such person would otherwise have been liable to pay if he had been convicted of such offence. 23 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 (2) Where the person fails to comply with the compounding order issued under this section within the prescribed period, the Registrar or a person authorised by him may, in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations. (3) Where the person fails to comply with subsection (2), the Registrar may enforce the compounding order and interest accrued thereof in the same manner as a decree of a court. (4) The Registrar shall submit quarterly reports of all compounded offences under this section to the Director of Public Prosecutions. (5) The forms and manner of compounding of offences shall be as prescribed in the regulations made under this Act.”. PART XII AMENDMENT OF THE PENAL CODE, (CAP. 16) Construction 41. This Part shall be read as one with the Penal Cap.16 Code, hereinafter referred to as the “principal Act”. Amendment of 42. The principal Act is amended in section section 138C 138C(1), by adding immediately after paragraph (c) the following: “(d) with or without the consent of a male person who is under the age of eighteen years.”. 24 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 PART XIII AMENDMENT OF THE PROBATE AND ADMINISTRATION OF ESTATES ACT (CAP. 352) Construction 43. This Part shall be read as one with the Probate Cap.352 and Administration of Estates Act, hereinafter referred to as the “principal Act”. Amendment of 44. The principal Act is amended in section 107(3), section 107 by deleting the words “to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months” and substituting for them the words “to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years”. PART XIV AMENDMENT OF THE TANGANYIKA LAW SOCIETY ACT, (CAP. 307) Construction 45. This Part shall be read as one with the Cap.307 Tanganyika Law Society Act, hereinafter referred to as the “principal Act”. Amendment of 46. The principal Act is amended in section 2, by section 2 adding in their appropriate alphabetical order the following definitions: ““Chapter” means Chapter established under section 17A; “Chapter zones” means Chapter zones established under the provisions of section 17A; “member” means a member of the Tanganyika Law Society; “member in good standing” means a member with good ethical standards and has renewed his membership by paying the subscription fees and complies with all the requisite conditions for renewal of membership for a particular 25 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 year; “Minister” means the Minister responsible for legal affairs; “non-practicing advocate” means a member of the Tanganyika Law Society who does not possess a practicing certificate issued under the provision of section 35 of the Advocates Cap. 341 Act; “Secretariat” means Tanganyika Law Society Secretariat established under section 19;”. Amendment of 47. The principal Act is amended in section 4, by section 4 inserting the word “, Parliament” immediately after the word “Government” appearing in paragraph (c). Amendment of 48. The principal Act is amended in section 6, by section 6 adding immediately after paragraph (c) the following: “(d) all persons who are admitted in the roll and have sought suspension to practice and received approval of the Chief Justice.”. Amendment of 49. The principal Act is amended in section 8(1), by- section 8 (a) deleting paragraph (a) and substituting for it the following: “(a) the Attorney-General, Director of Public Prosecutions, Solicitor General, Parliamentary Draftsman and State Attorneys in the public service, for the time being resident in Tanzania, and any other person duly qualified holding office in the Office of the Attorney- General, National Prosecutions Service and the Office of the Solicitor General;”; (b) deleting paragraph (b); (c) renaming paragraphs (c), (d), (e) as paragraphs (b),(c) and (d) respectively. 26 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 Amendment of 50. The principal Act is amended in section 9, by section 9 deleting the word “elect” and substituting for it the word “appoint”. Amendment of 51. The principal Act is amended in section 15, by- section 15 (a) deleting subsection (1) and substituting for it the following- “(1) For the proper governance of the affairs of the Society, there shall be a Council consisting of a President, Vice- President, Honorary Treasurer and eight other members, all of whom shall be members of the Society duly elected during the Society’s General Election. (2) The eight members of the Council referred to in subsection (1) shall comprise of seven zonal leaders and one member representing an association of young lawyers.”; (b) renumbering subsections (2) and (3) as subsections (3) and (4); (c) adding immediately after subsection (4) as renumbered, the following: “(5) The President, Vice President, Honorary Treasurer and the eight other members shall be elected for a term of one year and shall be eligible for re-election for one further term. (6) The President, the Vice- President, Honorary Treasurer and other members of the Council shall assume office immediately after being sworn-in and hold office until expiration of the tenure, Provided that: (a) in the event of death, resignation, removal or disqualification of the President, 27 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 Vice President or Honorary Treasurer during his term of office, the vacancy so created shall be filled by qualified persons who are members of the Council and in the case of absence of a qualified member, the Nomination Committee shall appoint a qualified member to fill the vacancy; (b) in the occurrence of death, resignation, removal or disqualification of any other member of the Council during his term of office, the Nomination Committee shall appoint a qualified member to fill the vacancy.”. Repeal and 52. The principal Act is amended by repealing replacement of section 16 section 16 and replacing for it the following- “Powers and 16. The Council shall have duties of Council the powers to- (a) exercise all powers of governance for and on behalf of the Annual General Meeting; (b) govern the affairs of the Society; (c) establish chapters and chapter zones; (d) employ the Executive Director of the Society; (e) approve the Society strategic plans, action plans and budget of the Society; (f) oversee the 28 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 implementation of the Society’s strategic initiatives and its functioning within the agreed framework, in accordance with relevant statutory and regulatory structures; (g) ensure the adequacy of financial, operational systems and internal controls; (h) ensure the implementation of corporate ethics and the Code of Conduct; (i) convene Annual General Meetings; and (j) perform any other duty in relation to the affairs of the Society subject to this Act or regulations made hereunder.”. Addition of 53. The principal Act is amended by adding section 17A immediately after section 17 the following- “Chapters of 17A.-(1) There shall be Society Chapters of the Society in designated regions as the Council may consider necessary. (2) There shall be Chapter zones established by the Council for proper governance and management of the affairs of the Chapters. (3) In establishing Chapter zones under this section, the Council shall, for the purpose of ensuring 29 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 even representation of Advocates in a Chapter zone, have regards to the proportionality of the size of the zone and the number of Advocates in that zone. (4) The Council may make rules to govern the conduct and operations of Chapters and Chapter zones.”. Amendment of 54. The principal Act is amended by deleting the Part V title to Part V and substituting for it the following: PART V SECRETARIAT Repeal and 55. The principal Act is amended by repealing replacement of section 19 section 19 and replacing for it the following- “Secretariat of 19.-(1) There shall be a Society Secretariat of the Society which shall be responsible for the day to day management and administration of the affairs of the Society. (2) The functions of the Secretariat shall be to- (a) implement decisions of the Council; (b) assist the Council in the preparation of reports and any other information for the members or stakeholders; (c) support the committees, Chapters, zones and other bodies of the Society to discharge their functions; 30 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 (d) organise conferences of the Society; (e) raise funds and manage the financial affairs of the Society within the limits of its approved budget; (f) keep proper books and records of all financial affairs of the Society; (g) keep proper minutes and activity reports of the Society; (h) keep up to date records and database of members of the Society; (i) develop and implement projects aimed at realizing the objects of the Society and its strategic plans; and (j) perform any other activities in the attainment of the Society’s objectives. (3) The Council shall employ a person from amongst members or officers of the Society to be the Executive Director of the Secretariat. (4) The Executive Director shall be employed by the Council through a transparent and competitive recruitment process. (5) The Executive Director shall be the chief executive officer and the accounting officer of the Society and shall, in particular- 31 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 (a) be responsible for the recruitment of staff of the Secretariat; (b) be responsible for the preparation of periodic strategic plans, annual action plans and budget; (c) be responsible for the supervision and monitoring of the day to day implementation of objectives and functions of the society; (d) be responsible for raising funds of the Society; (e) be the Secretary to the Council; (f) be accountable to the Council; and (g) perform any other duties for the proper management and administration of the affairs of the Society. (6) A person shall not be eligible to be employed as the Executive Director of the Society unless that person- (a) is an advocate of the High Court of Tanzania and the courts subordinate thereto, with at least ten years of practice; (b) is of good moral standing in the society; and (c) has demonstrated experience in 32 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 management of the same position or its equivalent. (7) A person employed as Executive Director shall hold office for a term of five years and may be eligible to serve for one further term subject to good standing performance. (8) The Executive Director may be removed from office by the Council by votes of at least two thirds of the members on any of the following grounds- (a) inability to perform functions of the office due to mental or physical infirmity; (b) gross misconduct; (c) incompetence; (d) has been adjudged bankrupt; (e) desertion of office or duty; or (f) has been convicted of a criminal offence punishable by imprisonment for a period of not less than two years. (9) The Council shall, before removing the Executive Director- (a) notify the Executive Director, in writing, of the reasons for the intended removal; and (b) afford the Executive Director an opportunity to be heard in defence of 33 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 allegations brought against him.”. Repeal and 56. The principal Act is amended by repealing replacement of section 21 section 21 and replacing for it the following: “Annual 21.-(1) The Council shall, in at General Meeting least the second week of April of each calendar year, convene an Annual General Meeting of the Society. (2) The Council may, where circumstances so permit, convene other general meetings of the Society. (3) The Annual General Meeting shall be convened by way of representation. (4) The Annual General Meeting shall be duly constituted where it is composed of: (a) members of the Council; (b) members of all Standing Committees; (c) all Chapter leaders including members of their Standing Committees; (d) four members from each Chapter comprising of representatives of young lawyers, female lawyers, senior lawyers and persons with disability, all elected annually by Chapter members in the Chapter general meetings; (e) members of the Zonal Executive Committees; (f) two members from the Chapter zones elected from the zone members during 34 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 zonal annual general meeting; and (g) any other person, as the Council may consider necessary to invite. (5) Annual General Meetings shall be conducted as prescribed by Council.”. Amendment of 57. The principal Act is amended in section 22, by section 22 deleting subsection (1) and substituting for it the following: “(1) Notwithstanding section 21, the Council may convene a general meeting of the Society where at least one third of members of good standing consisting of equal percentage representation from each Chapter, at any time requisition a general meeting by written notice in that behalf signed by them, specifying the object of the proposed meeting, and deposit with the Executive Director.”. Amendment of 58. The principal Act is amended in section 28, by- section 28 (a) designating the contents of section 28 as contents of subsection (1); (b) adding immediately after subsection (1) as designated the following: “(2) The Council shall submit to the Minister report of the Annual General Meeting or general meeting as the case may be within two months after the report have been confirmed by the Annual General Meeting or general meeting respectively.”. Repeal and 59. The principal Act is amended by repealing replacement of section 29 section 29 and replacing for it the following- “Accounts of 29.-(1) The Council shall Society cause proper accounts of all funds, 35 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 property and assets of the Society to be kept, and to be audited, by an auditor approved by the Annual General Meeting from amongst auditors approved by the Minister responsible for finance. (2) The Council shall present the audited accounts, together with the auditor’s report to the Annual General Meeting convened at a time and manner prescribed in accordance with section 21. (3) The Council shall serve a copy of the audited accounts together with the auditor’s report to the Minister and the Minister responsible for finance within six weeks after the report is presented at the Annual General Meeting.”. Repeal and 60. The principal Act is amended by repealing replacement of section 30 section 30 and replacing for it the following- “Reports and 30.-(1) The Council shall, in accounts the Annual General Meeting, present to the Society an annual report of the activities of the Society. (2) The Council shall deliver a copy of the annual report to the Minister within six weeks after being presented at the Annual General Meeting.”. 36 Hii ni nakala ya Mtandao (Online Document) No. 1 The Written Laws (Miscellaneous Amendments) Act 2020 PART XV AMENDMENT OF THE TRUSTEES’ INCORPORATION ACT, (CAP. 318) Construction 61. This Part shall be read as one with the Trustees’ Cap.318 Incorporation Act, hereinafter referred to as the “principal Act”. Amendment of 62. The principal Act is amended in section 2, by Section 2 adding immediately after subsection (3) the following: “(4) The Administrator-General may, before a trust is incorporated or at any later stage after incorporation, require disclosure of the names of settlors and beneficiaries of the trust.”. Amendment of 63. The principal Act is amended in section 8(1), by section 8 adding the words “finance, shares, monies, securities, stock or other property after the word “land,” wherever it appears in paragraph (c). Passed by the National Assembly on the 28th January, 2020. STEPHEN KAGAIGAI Clerk of the National Assembly 37