Written Law (Miscellaneous Amendments), Act No. 2 of 2025 - Amendment of the Mining Act (CAP. 123)

2. Amendment of certain written laws. PART II AMENDMENT OF THE ADVOCATES ACT, (CAP. 341)

3. Construction.

4. Amendment of section 4. PART Ill AMENDMENT OF THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT, (CAP. 3)

5. Construction.

6. Amendment of section 9.

7. Amendment of section 10.

8. Amendment of section 14. No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 PART IV AMENDMENT OF THE COMMUNITY SERVICE ACT, (CAP. 291)

9. Construction.

10. Amendment of section 2.

11. Amendment of section 3.

12. Amendment of section 7.

13. Repeal and replacement of section 10.

14. Repeal of section 11.

15. Amendment of section 13. PARTY AMENDMENT OF THE KARIAK.00 MARKET CORPORATION ACT, (CAT>. 132) .16. Construction.

17. Amendment of section 2.

18. Amendment of section 3.

19. Amendment of section 4.

20. Amendment of section 5.

21. Repeal of section J0.

22. Amendment of section 15.

23. Repeal and replacement of section 16.

24. Amendment of section 17.

25. Addition of section 18A.

26. Repeal and replacement of section 24. PART VI AMENDMENT OF THE MINING ACT, (CAP. 123)

27. Construction.

28. Addition of section 88A. 2 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 PART VII AMENDMENT OF THE PUBLIC SERVICE ACT, (CAP. 298)

29. Construction.

30. Amendment of section 26.

31 . Addition of Third Schedule. 3 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 THE UNITED REPUBLIC OFT ANZANIA NO. 2 OF2025 I ASSENT SAMIA SULUHU HASSAN, Presideflt [4th March, 2025] An Act to amend certain written laws. ENACTED by the Parliament of the United Republic of Tanzania. PART ! PRELIMINARY PROVISIONS Short title l . This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025. Amcndme 2. The written laws specified in various Parts of this nt of certain Act are amended in the manner specified in their respective wrincn Parts. laws 4 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 PART II THE AMENDMENT OF THE AD VOCATES ACT, (CAP. 341) Construction 3. This Part shall be read as one with the Advocates Act, Cap.341 hereinafter referred to as the "principal Act". Amendment 4. The principal Act is amended in section 4- of section 4 (a) in subsection (1 ), by adding the words "or the Executive Secretary of the Law Reform Commission of Tanzania" immediately after the word "Prosecutions" appearing at the end of paragraph (b); (b) in subsection (4), by adding the words "or the Executive Secretary of the Law Reform Commission of Tanzania" immediately after the word ''Prosecutions"; and (c) in subsection (5), by adding the words "or the Executive Secretary of the Law Reform Commission of Tanzania" immediately after the word "Prosecutions". PART IJI AMENDMENT OF THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT, (CAP. 3) Co nstruction 5. This Part shall be read as one with the Basic Rights Cap.3 and Duties Enforcement Act, hereinafter referred to as the "principal Act". Amendment 6. The principal Act is amended in section 9( I) by of section 9 deleting the words "unless the parties to the proceedings agree to the contrary or the magistrate is of the opinion that the raising of the question is merely frivolous or vexatious". A mendment 7. The principal Act is amended in section 10( 1) by of secrion 10 deleting the words "save that the determination whether an application is frivolous, vexatious or otherwise fit for hearing may be made by a single Judge of the High Court". 5 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 Amendment 8. The principal Act is amended in section 14, by- ofsection 14 (a) deleting subsection (2); and (b) renumbering subsection (3) as subsection (2). PART IV AMENDMENT OF THE COMMUNITY SERVICE ACT, (CAP. 291 ) Construction 9. This Part shall be read as one with the Community Cap. 291 Service Act, hereinafter referred to as the "principal Act". Amendment 10. The principal Act is amended in section 2, by- of section 2 (a) deleting the definition of the term ''National Co- ordinator''; and (b) adding in the appropriate alphabetical order the following new definition: ""Director" means the Director of Probation Services appointed unde r section 10;". Amendment 11. The principal Act is amended in section 3- of section 3 (a) in subsection (1 ), by deleting the word "three" appearing in paragraphs (a) and (b) and substituting for it the word "four"; and (b) in subsection (3), by deleting the words "Community Service Orders Committee" and substituting for them the words "community service officer" . Amendment 12. The principal Act is amended in section 7(2) by of section 7 deleting paragraph (k) and substituting for it the following: "(k) Director of Probation Services.". Repeal and 13. The principal Act is amended by repealing section replacement of sec.l ion I 0 10 and replacing for it the following: "Director of 10.-( I) There shall be the Director Probation Services of Probation Services under the Ministry responsible for home affairs. 6 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 (2) The Director shall be appointed by the Minister from amongst public servants with proven knowledge and experience in the administration of criminal justice or correctional matters. (3) The Director shall be the head of the Probation Service Division.". Repeal of 14. The principal Act is amended by repealing section section 11 11. Amendment 15. The principal Act is amended in section 13 by of section 13 deleting the words " in consultation with the relevant Community Service Orders Committee,". PARTY AMENDMENT OF THE KARIAK.OO MARKET CORPORATION ACT, (CAP. 132) Construction 16. This Part shall be read as one with the Kariakoo Cap. 132 Market Corporation Act, hereinafter referred to as the "principal Act". Amendment 17. The principal Act is amended in section 2, by adding of section 2 in its appropriate alphabetical order the following new definition: ""specified market" means the Kariakoo Market and includes any other markets the control and management of which is vested in the Corporation;". Amendment 18. The principal Act is amended in section 3, by- of section 3 (a) adding immediately after paragraph (a) the following: "(b) be capable of entering into contracts or other transactions;"; and (b) renaming paragraphs (b) and (c) as paragraphs (c) and (d) respectively. Amendment 19. The principal Act is amended in section 4(1 ), by- 7 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 of section 4 (a) adding immediately after paragraph (d) the following: "(e) to establish and maintain efficient system of marketing by securing the most favourable arrangements for the purchase, handling, packing, sale and exportation of goods; (f) to establish and maintain market outlets for goods; (g) to provide for the collection, transportation, storage, grading, packing and processing of goods;"; and (b) renaming paragraphs (e) and (f) as paragraphs (h) and (i) respectively. Amendment 20. The principal Act is amended in section 5- ofsec.tion 5 (a) in subsection (2), by deleting paragraph (b) and substituting for it the following: "(b) eight other members who shall be appointed by the Minister as follows: (i) one member representing the Ministry responsible for local government; (ii) one member representing the Ministry responsible for finance; (iii) one member representing the Ministry responsible for industry and trade; (iv) one member representing the Ministry responsible for planning and investment; (v) a law officer nominated by the Attorney General; (vi) one member representing the Dar es Salaam City Council; (vii) one member representing the Tanzania Chamber of Commerce, Industry and Agriculture; 8 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 (viii) one member representing the Corporations Business Community."; (b) by deleting subsection (3) and substituting for it the following: "(3) A person referred to under subsection (2)(b) shall be eligible for appointment if he possesses experience in the field of agriculture, commerce, finance, law, economics, administration or management."; (c) by adding immediately after subsection (4) the following: "(5) The General Manager shall be the Secretary to the Board. (6) The Board may invite any person who is not a member to participate in the deliberations of the Board, but the person so invited shall not vote at the meeting."; and (d) by renumbering subsections (5) to (7) as subsections (7) to (9) respectively. Repeal of 21. The principal Act is amended by repealing section section 10 10. Amendment 22. The principal Act is amended in section 15(4) by of section 15 deleting the words "exceeding a fine of five thousand shillings or a term of imprisonment" and substituting for them the words "not less than two hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not less than one year". Repeal and 23. The principal Act is amended by repealing section replacement of section 16 16 and replacing for it the following: " Compoundi 16.-(1) Notwithstanding the :i;:ces provisions of this Act relating to penalties, where a person admits in writing that he has committed an offence under this Act, the General Manager 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 9 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 such offence and order such person to pay a sum of money equal to two thirds 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 General Manager or a person authorised by him may, in addition to the sum ordered, require the person to pay an interest at the market rate. (3) Where the person fails to comply with subsection (2), the General Manager may enforce the compounding order and interest accrued thereof in the same manner as a decree of a court. (4) The General Manager shall submit quarterly reports of all compounded offences under this section to the Director of Public Prosecutions. (5) The money charged under this section shall, unless otherwise directed by the Minister responsible for finance, be paid into the Consolidated Fund. (6) The forms and manner of compounding of offences shall be as prescribed in the regulations.". Amendment 24. The principal Act is amended in section 17, by- of section 17 (a) deleting paragraph (c) and substituting for it the following: "(c) such monies as may be appropriated by the Parliament;"; (b) adding immediately after paragraph (c) the following: "(d) grants, donations, bequests or other contributions made to the Corporation; ( e) monies earned or arising from any property, investments, mortgages or debentures 10 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 acquired by or invested in the Corporation;"; and (c) renaming paragraphs (d) and (e) as paragraphs (t) and (g) respectively. Addition of 25. The principal Act is amended by adding section 18A immediately after section 18 the following: "Account of 18A. Subject to the requirements of Corporation any o th er wntten . Iaw, the C orporatton . sha11, upon approval of the Board, open and maintain a bank account into which all payments and deposits shall be made.". Repeal and 26. The principal Act is amended by repealing section replacement of section 24 24 and replacing for it the following: "Allowances 24. A member of the Board shall be and remunerations paid from the funds of the Corporation such allowances and remuneration as may be determined by the relevant authority.". PART VI AMENDMENT OF THE MINING ACT, (CAP. 123) Construction 27. This Part shall be read as one with the Mining Act, Cap. 123 hereinafter referred to as the "principal Act" . Add1t1on of 28. The principal Act is amended by adding section 88A immediately after section 88 the following: "withholdin 88A.-(l) A public sector entity gofroyalty which makes a contractual payment to a payable by constructor constructor who uses minerals for construction purposes shall- (a) withhold royalty and inspection fees payable for the minerals used at the rate provided for under this Act; and (b) remit the royalty and inspection fees to the Commission within seven days from the date of 11 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 collection of the royalty and inspection fees due. (2) Where any royalty or inspection fees imposed pursuant to this Act is not paid when due, the Commission shall require the retention by way of deduction or set-off of any amount to be paid as royalty or inspection fees from or out of the amount that is or may become payable by any public sector entity to the royalty or inspection fees payer or to any other person on behalf or for the benefit of the royalty or inspection fees payer. (3) The obligation of a public sector entity to withhold royalty and inspection fees under subsection ( 1) shall not be reduced or extinguished on the reason that- (a) the entity has a right or is under an obligation to deduct and withhold any other amount from the payment; or (b) any other law provides that the payment of a royalty or inspection fees payer from the entity shall not be reduced, retained, or subject to attachment. (4) In this section, "public sector entity" means ministry, Government department, regional secretariat, local government authority, regulatory authority, public corporation, executive agency, commercial entity owned by the government and any other public institution.". 12 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 PART VII AMENDMENT OF THE PUBLIC SERVICE ACT, (CAP. 298) Construction 29. This Part shall be read as one with the Public Cap. 298 Service Act, hereinafter referred to as the "principal Act". Amendment 30. The principal Act is amended in section 26- of section 26 (a) in subsection (2), by deleting the words "the Chief Secretary,"; (b) by adding immediately after subsection (2), the following: "(3) In addition to benefits granted pursuant Cap. 371 to the Public Service Social Security Fund Act, the Chief Secretary shall be granted by the appropriate authority terminal benefits set out in the Third Schedule to this Act"; and (c) by renumbering subsections (3) and (4) as subsections (4) and (5), respectively. Addition of 31. The principal Act is amended by adding Third Schedule immediately after the Second Schedule the following: 13 No 2. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025

THIRD SCHEDULE (Made under section 26(3)) Description of Benefits Granted to the former Chief Secretary: (a) a diplomatic passpon for him and his spouse; (b) medical treatment for him and his spouse borne by the Government within the United Republic or outside the United Republic after the referral by the National Hospital; (c) the service of one motor vehicle to be provided by the Government replaceable after every seven years; (d) one driver; (e) necessary security and other protection to him and his spouse; (f) burial expenses for him and his spouse; and (g) use ofVlP lounge.". Passed by the National Assembly on the 29th January, 2025 BARAKAILDEPHONCELEONARD Clerk ofthe National Assembly 14