r, IBRARY FE ATTORNEYSI ISSN 0856 - 0323 No. 2A THE T-INITED REPUBLIC OF TANZANIA 3F May,2019 I 2 THE WRITTEN LAWS (MISCELLANEOUS AMENDMENTS) (NO.4) ACT.20I9 ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS Short title. Amendment of certain written laws. PART II AMENDMENT OF THE ADVOCATES ACT, (cAP.34l) Construction. Repeal ofsection 3. Amendment ofsection 39 PART III AMENDMENT OF THE BIRTHS AND DEATHS REGISTRATION ACT, (cAP. 108) Construction. Amendment ofsection 3. Addition of section 5A. Amendment of section 14. Addition of section l7A. Addition of section 24A. Addition ofsections 26A, 268 and 26C. I 3 4 5 6. 7. 8. 9. 10. 11. 12. SPECIAL BILL SUPPLEMENT to the Go:elte olthe Untted Repubhc ofTaEann No.2l yollm. .lated 3t)r Maf, 2019 Printed by the Govemment Printer, Dodoma by Order ofcovemrnent
Transcript
r,IBRARY FE ATTORNEYSI
ISSN 0856 - 0323
No. 2A
THE T-INITED REPUBLIC OF TANZANIA
3F May,2019
I2
THE WRITTEN LAWS (MISCELLANEOUS AMENDMENTS) (NO.4) ACT.20I9
PART XIIAMENDMENT OF THE TANGANYIKA RED CROSS SOCIETY
ACT,(cAP.66)
Construction.Amendment of long title.General amendment.Addition of section I A.Amendment ofsection 2.
Amendment ofsection 3.
Amendment ofsection 7.
Addition ofsections 7A and 78.
.l
Written Lqws (Miscellaneous Amendments) (No.4) Act,20l9
NOTICE
This Bill to be submitted to the National Assembly is published forgeneral information to the public together with a statement of its objectsand reasons.
Dodoma,28th May,20l9
Shon tille
JonN W.H. KuAzrSecretary to the Cabinet
Amendmentof certain*ritten la$s
A BiII
.for
An Act to amend certain written laws.
ENACTED by Parliament of the United Republic of Tanzania.
PART IPRELIMINARY PROVISIONS
l. This Act may be cited as the Written Laws(Miscellaneous Amendments) (No.4) Act, 2019-
2. The written laws specified in various Parts ofthis Act are amended in the manner specified in theirrespective Parts.
PART IIAMENDMENT OF THE ADVOCATES ACT,
(cAP.34l)
ConstructionCap.34l
3, This Part shall be read as one with the Advocates
Act, hereinafter referred to as the "principal Act".
Amendmentofseclion 3
4. The principal Act is amended in section 3(2), by
deleting paragraph (a) and substituting for it the following:
5
Amendmentofsection 39
ConstructionCap I08
Amefldmentofsection 3
Addiaion ofsection 5A
Written Lows (Miscellaneous Amendments) (No.4) Act, 2019
"(a) the Attomey-General, the Director ofPublic Prosecutions, the SolicitorGeneral, Parliamentary Draftsmenand State Attomeys and any personduly qualified in the Office of theAttorney General, the NationalProsecutions Service and the Officeof the Solicitor General."
5. The principal Act is amended in section 39, by:
(a) adding immediately after subsection (l) thefollowing new subsection:
"(Z) A Law Officer or StateAttorney shall not, for the whole period ofservice as a Law Officer or State Attomey,be issued with a practicing certificate.".
(b) renumbering subsections "(2), (3) and (4)" as
"(3), (4) and (5) respectively.
PART IIIAMENDMENT OF T}IE BIRTHS AND DEATHS
REGISTRATION ACT,(cAP. 108)
6. This Part shall be read as one with the Births andDeaths Registration Act, hereinafter referred to as the"principal Act".
7. The principal Act is amended in section 3, by-(a) adding immediately after subsection (l) the
following:"(2) The Registrar General shall have
powers to register any birth or death whichoccurs at any place within MainlandTanzania."; and
(b) renumbering subsections (2), (3) and (4) as
subsections (3), (4) and (5) respectively.
8. The principal Act is amended by addingimmediately after section 5, the following:
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llritten Laws (Miscellaneous Amendments) (No.4) Act, 20 I 9
5A.-(l) Without prejudice to thepowers and functions vested upon theRegistrar General under this Act, theRegistrar General may, in writing,delegate to Ward Executive Oflicers,Mtaa Executive Officer and VillageExecutive Officers powers to registerbirths and deaths occurring in theirrespective wards, Mtaa Executie Officervillages.
(2) Upon delegation of powersand functions under subsection (l ), theWard Executive Officers, MtaaExecutie Officer or Village ExecutiveOflicers shall, subject to directives ofthe Registrar General, perform thefunctions and exercise the powers oftheRegistrar-General as delegated.
(3) Any delegation of powersand functions of the Registrar-Generalmade to Ward Executive Officers MtaaExecutie Officer and Village ExecutiveOIficers prior to the coming intooperation of this section shall be
deemed to be a valid delegation madeunder this Act.
(4) The Minister may. inconsultation with the Ministerresponsible for local govemment, makeregulations prescribing the manner,forms and mechanism, including theuse oftechnology, for effective eflicientregistration of births and deaths byWard Executive Officers, MtaaExecutive Officers and VillageExecutive Officers."
9. The principal Act is amended in secrion 14, bydeleting the phrase "within two years ofthe registration on"and substituting for it, the phrase "at any time before the
child attains the age of eighteen years and upon".
10. The principal Act is amended by addingimmediately after section l7 the following:
' ReBima-lron l7A.-( I ) Where any citizen ol::l?*, the United Republic dies in any countryourside outside the United Republic, theountrv parents, spouse or relative of the
deceased shall furnish to the relevantTarzmia Embassy, High Commissionor Consular, official record from therelevant authority indicating theparticulars of the deceased.
(2) Upon receipt of the recordsunder subsection (l), the relevantEmbassy, High Commission orConsular shall immediately transmit therecords to the Registrar General whoshall take judicial notice of such deathand where applicable, enter suchrecords in the register of deathsoccurring outside the United Republic.
(3) Where the records receivedrelate to a citizen of the United Repblicwho is a resident of Tanzania Zanzibar,the Registrar General shall transmitsuch records to the relevant authority inTaruania Zanzibar.
(4) The Minister may makeregulations prescribing the forms,manner and procedure for registrationof deaths occurring outside the UnitedRepublic."
I1. The principal Act is amended by addingimmediately after section 24 the following new section:
"Deletion of 24A.-(l) Where the Registrarmt4 rn General is satisfied that:regtsrer
(a) there exists in the register ofbirths, two or more entries inrespect ofone Person; or
(b) the existence of an entry inthe register of births wasprocured by fraud ormisrepresentation,
the Registra-General shall. subject tosubsection (2), delete any of suchentries in the register of births, andcancel any certificate of registrationissued in respect ofsuch birth.
(2) Without prejudice to thepowers granted under sub-section (1),the Registrar General shall, in deletingany entry in the register pursuant to thissection, be guided by the presumptionthat the earlier entry in the register isgenuine.
(3) Where the Registrar Generaldeletes an entry and consequentlycancels any registration certificateunder this section, such entry and thecertificate granted in respect of suchbirth shall cease to have legal effect."
12. The principal Act is amended by addingimmediately after section 26 the following new sections:
"Resistra-tion 26A.-(l) Without prejudice to
ll".,,no,,on sections l16 and ll7 of the EvidenceLraea*r Act, where a courl has issued an ordercap.6 as to the presumption of death of any
person, the Registrar-General shall,upon receipt of an order of the courtfrom any relevant person, register suchdeath.
(2) In this section, "relevantperson" means the administrator of theestate duly appointed, or a Governmentofficial duly authorized by the court toregister the death.
268.-(l) All particularssubmitted to the Registrar-General byany person in relation to birth or deathshall, unless directed otherwise by thecourt or any other written law, betreated as confidential.
(2) A person shall not discloseany confidential information underthis section unless authorized by theRegistrar-General.
(3) A person who contravenesthe provisions of this section commitsan offence and shall, on conviction,be liable to a fine ofnot less than threehundred thousand shillings but notexceeding five hundred thousandshillings or to imprisonment for a termof not less than three months but notexceeding six months or to both.
26C.-(l ) Subject to theprovisions of the Law of the ChildAct, where the High Court has grantedan adoption order of a child, theRegistrar General may, uponapplication, register the birth of thechild and issue a certificate to thateffect.
(2) An application under sub-section (l ) shall be accompanied withthe certified copy of the adoptionorder of the High Court, applicationfees and other particulars as may beprescribed in the regulations."
Ammdmentofseclion 29
13, Section 29 ofthe principal Act is amended-(a) in subsection (l), by deleting the rvords "five
hundred" and substituting for them the rvords
"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 rvords "onethousand" and substituting for them the words"two hundred thousand".
14. This Part shall be read as one with theCriminal Procedure Act, hereinafter referred to as the"principal Act".
15. The principal Act is amended in section 3, byinserting in their appropriate alphabetical order thefollowing new definitions:""plea agreement" means an agreement entered into
between the prosecution and the accused in a
criminal trial in accordance with sections 1944,l94B and l94C;
"plea bargaining" means a negotiation in a criminal case
between a prosecutor and the accused whereby theaccused agrees to-(a) plead guilty to a particular offence or a lesser
offence or to a particular count or counts in acharge with multiple counts; or
(b) cooperate with the prosecutor in the provisionof information that may lead to a discovery ofother informatin relating to the offence orcount charged,
in retum for concession from the prosecutor whichmay lead to a lenient sentence or withdrawal ofother counts.
16. The principal Act is amended by addingimmediately after section 194 the following:
"Plea 194A.-(1) A public prosecutor,bargaining after consultation with the victim or
investigator where the circumstancesso permit, may at any time before the
Written Laws (Miscellaneous Amendments) (No.1) Act, 2019
Coosequenceofpleabargain-n ing
judgrnent, enter a plea bargainingamangement with the accused and hisadvocate if represented.
(2) The accused or hisadvocate or a public prosecutor mayinitiate a plea bargaining and notirythe court of their intention to negotiatea plea agreement.
(3) The court shall notparticipate in plea negotiationsbetween a public prosecutor and theaccused.
(4) Where prosecution is
undertaken privately, no pleaagreement shall be concluded withoutthe written consent of the Director ofPublic Prosecutions.
1948. Where, consequent to aplea bargaining arrangement, a plea
agreement is entered into between apublic prosecutor and an accusedperson-
(a) the public prosecutor maycharge the accused with alesser offence, withdrawother counts or take anyother measure as
appropriate depending onthe circumstances of thecase;
(b) the accused may enter aplea of guilty to theoffence charged or to a
lesser offence or to aparticular count or countsin a charge with multiplecounts in exchange forwithdrawal of othercounts; or
(c) the accused may beordered to paycompensation or makerestitution or be subjectedto forfeiture of theproceeds andinstrumentalities that wereused to commit the crimein question.
194C.-( I ) A plea agreementshall be in writing and shall-
(a) state fully the terms of theagreement, the substantialfacts of the matter and allother relevant facts of thecase and any admissionsmade by the accusedperson;
(b) be read and explained tothe accused person in a
language that heunderstands;
(c) accepted by the accusedperson; and
(d) be signed by theprosecutor, the accusedperson and his legalrepresentative, if any.
(2) Where an accused personhas negotiated with a prosecutorthrough an interpreter, the interpretershall certifu that he is proficient in thatlanguage and that he interpretedaccurately during the negotiations andin respect of the contents of theagreement.
194D.-(1) Any plea agreemententered into in accordance with the
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Written Laws (Miscellaneous Amendments) (No.4) Act, 2019
regisrralion ofplea agreemenr
provisions of sections l94A and l94Bshall be registered by the court.
(2) The court shall, before itregisters any such agreement, satisfoitself that the agreement wasvoluntarily obtained and the accusedwas competent to enter into suchagreement.
(3) The court may pronounce a
decision based on plea agreement ormake such other orders as it deemsnecessary including an order to rejectthe plea agreement for sufficientreasons, except that, such rejectionshall not operate as a bar to anysubsequent negotiations prefened bythe parties.
(4) Where the court accepts a
plea agreement-(a) the agreement shall
become binding upon theprosecution side and theaccused; and
(b) the agreement shallbecome part of the recordofthe court.
(5) Where a plea agreemententered into in accordance withsections l94A and l94B is acceptedby the court, the court shall proceed toconvict an accused personaccordingly.
194E. Before the court recordsa plea-
(a) the accused shall beplaced under oath; and
(b) the court shall address theaccused person in court ina language he understandsand shall inform him of
Applica-lionProsecutionslo set asideconvictionard sentencerelating toplea b.rSain
Pou€r tomake rules
writing, of the Director ofPublic Prosecutions; and
(f) any other offence as theMinister may, uponconsultation with otherrelevant authority and byorder published in theGazette, ptescribe-
194G.-(l ) The Director ofPublic Prosecutions may, in mattersrelating to plea bargaining and in thepublic interest and the orderlyadministration ofjustice, apply to thecourt which passed the sentence tohave the conviction and sentenceprocured on the grounds of fraud ormisrepresentation pursuant to a pleaagreement be set aside.
(2) An accused person who isa party to a plea agreement may applyto the court which passed the sentenceto have the conviction and sentenceprocured involuntarily or bymisrepresentation pursuant to a pleaagreement be set aside.
194H. Subject to theprovisions of this part, the ChiefJustice may make rules and givedirectives for better carrying out theprovisions of this Part relating to pleabargaining."
Amendmentofsection219
17. The principal Act is amended in section 219,by deleting the words "criminal lunatic" wherever theyappear in that section and substituting for them the words"mentally disordered offender".
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Written Laws (Miscellaneous Amendments) (No.1) Act, 2019
PART VAMENDMENT OF THE EXTRADITION ACT,
(cAP.368 )coDstrucrion lt. This Part shall be read as one with thec8p'36t Extradition Act, hereinafter referred to as the "principalAct".
19. The principal Act is amended by addingimmediately after section 8 the following new section:
':su!r:n EA.-( l) Upon receipt of the
ffi,L certificate of the comminal and any othercr;mrnat report on the case from the magistrate, lhe
Minister may, by warrant under his hand,order the fugitive criminal to besurrendered to any person who is, in hisopinion, duly authorized to receive thefugitive criminal by the country fromwhich the requisition for the surrenderproceeded, and the fugitive criminal shallbe surrendered accordingly.
(2) Any person to whom a
wanant under this section is directed andthe person so authorized under subsection(l), may receive, hold in custody andconvey into the jurisdiction of thatcountry the fugitive criminal mentioned inthe warrant."
PARTVIAMENDMENT OF THE GOVERNMENT PROCEEDINGS ACT,
(cAP. s)
Constru-c[oncap.5
20, This Part shall be read as one with theGovemment Proceedings Act, hereinafter referred to as
the "principal Act".
Amend-mentofsection 6
21. The principal Act is amended in section 6,
(a) in subsection (2), adding immediately a{ierthe words "the Attorney General" the words"and the Solicitor General";
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Addirion ofsection 8A
by-
Written Laws (Miscellaneous Amendmen s) (No.1) Act, 2019
Addition ofsectin 64
(b) in subsection (3), adding the words"Solicitor General" immediately after words"upon the";
(c) adding immediately after subsection (5) thefollowing:
"(6) The Aftomey General may,where necessary, give instructions to theSolicitor General to proceed or terminateany proceedings instituted by theGovemment and which is pending incourt of law, and shall state the reasonsthereof."; and
(d) renumbering subsectin (6) and (7) as (7) and(8) respectively.
22, the principal Act is amended by addingimmediately after section 6, a new 6A as follows:
"Po\€r or 6A.-( I ) The Attomey General
|HI;'. shall, throuih the Solicitor General,iniervene suirs have the right to intervene in any suit
or matter instituted by or against theministries, local govemmentauthorities, independent departmentsand other govemment institutions.
(2) Where the AttomeyGeneral intervenes in any matter inpursuance of subsection (l), theprovisions of the GovermentProceedigns Act, shall apply inrelation to the proceedigns of that suitor matter as if it had been institutedby or against the ministries, localgovemment authorities, independentdepartrnents and other govenmentinstitutions:
Provided that, the requirementof ninety days notice of intention tosue the Government as stipulatedunder the Govemment ProceedingsAct shall not apply where theAttomey General intervenes under
ministry, local govemment authority,independent department or othergovernment institution shall have a
duty to notiry the Attorney General ofany impending suit or intention toinstitute a suit or matter against theAuthroty."
PART VIIAMENDMENT OF THE MAGISTRATES' COURTS ACT,
(cAP. l l)
Constru-ctlonCap.l I
23. This Part shall be read as one with theMagistrates' Courts Act, hereinafter referred to as the"principal Act".
Amend-mcntofsection 40
24. The principal Act is amended in sectiona0(3), by-
(a) deleting the words "fifty million" appearingin paragraph (a) andsubstituting for them thewords "one hundred million"; and
(b) deleting the words 'thirty million" appearingin paragraph (b) andsubstituting for them thewords "seventy million".
PART VIIIAMENDMENT OF THE NATIONAL PROSECUTIONS
SERVICE ACI(cAP.430)
Codstruction 25, This Part shall be read as one with theCap430 National Prosecutions Service Act, hereinafter referredto as the "principal Act".
Amendment ofsection 9
26. The principal Act is amended in section 9,by adding immediately after subsection (5) thefollowing new subsections:
"(6) The Director shall establish and
l9
Written Lows (Miscellaneous Amendments) (No.4) Act,20l9
Addition ofseclion 9A
maintain a system whereby the process ofseeking and obtaining his consent forprosecutions may be expedited.
(7) For the purpose ofsubsection (6), theDirector may, by notice published in the Gazette,specify offences or set a threshold of valueinvolved in a case, the prosecutions of whichshall require the consent of the Director inperson, and the power of consenting to theprosecution of which may be exercised by suchofticer or officers subordinate to him, as he mayspecift, acting in accordance with his general orspecial instructions."27. The principal Act is amended by adding
immediately after section 9, the following new section:"compoun 9A.( I ) Notwithstanding thedins of ^;#:,::. provisions of any other written law
relating to compounding of offenceswith the consent of the offender, theDirector shall have powers tocompound-
(a) any offence which by law anauthorized officer is allowedto compound; or
(b) any offence the punishmentof which is a fine.
(2) All agencies and authoritiesallowed to compound offences by anywritten law shall submit monthlyreports to the Director.
(3) The Minister may, byregulations, prescribe the proceduresfor better carrying into effect of theprovisions of this section."
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Written Laws (Miscellaneous Amendments) 010.4) Act, 2019
PART IXAMENDMENT OF THE PREVENTION AND COMBATING OF
CORRUPTION ACT,(cAP.329)
ConstuctionCap.329
Amendment ofseclion 57
29. The principal Act is amended in section 57,by-
Cap.430
(a) adding immediately after subsection (l) thefollowing:
"(2) Consent under subsection (1)shall be obtained in accordance with theprovisions of section 9 of the NationalProsecutions Service Act".
(b) renumbering subsection (2) as subsection (3).
PARTXAMENDMENT OF THE PROCEEDS OF CRIMES ACT,
(cAP.256)consEuction 30. This Part shall be read as one with theca 2s6
Proceeds of Crimes Acg hereinafter referred to as the"principal Act".
Amendmenr of 31. The principal Act is amended in section 3,sedron J
DV-
(a) deleting the definition of the term "specifiedoffence" ;
(b) deleting the definition of the term "seriousoffence" and substituting for it the followingdefinition:
"serious offence" means an offenceagainst provisions of any law inUnited Republic or in a foreignstate for a conduct which, had itoccurred in United Republicwould constitute a serious offencethe punishment of which is either
2t
28. This Part shall be read as one with thePrevention and Combating of Comrption Act, hereinafterreferred to as the -principal Act".
35. The principal Act is amended by addingimmediately after section l4 the following new sections:
"Forfenure ofproperry ofcorrespondiqgvalue
Voidingactions
14A.-(l) Where a propertythat is subject to forfeiture-
(a) cannot be located uponexercise of due diligence;
(b) has been transferred orsold to a third party whoat the time of acquisitionwas unaware that it wasbeing disposed ofto avoidprosecution orconfiscation;
(c) has been placed in foreignjurisdiction and cannot berecovered;
(d) has been substantiallydiminished in value; or
(e) has been commingledwith other property suchthat it becomes difficult todistinguish it withoutdifliculty,
the court may order forfeiture of anyother property of corresponding valueofa person convicted ofan offence.
14B.-( I ) The court may,before making a forfeiture order. inthe case of property in respect ofwhich a restraining order was madeand notice of it was given inaccordance with this Act, set asideany conveyance or transfer of theproperty or interest therein thatoccurred in the circumstances thatgive rise to a reasonable inferencethat the property was conveyed ortransferred for the purposes ofavoiding the forfeiture order.
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Written Laws (Miscellaneous Amendmen s) No.4) Act, 2019
Repeal ofseqioD 20
36.section 20.
(2) The provisions ofsubsection (l) shall not apply wherethe transfer or conveyance was madefor sufficient value to a person actingin good faith and without notice."
The principal Act is amended by repealing
Amendment ofsection 22
37. The principal Act is amended in section 22,by-
(a) deleting subsection (4) and substituting for itthe following:
"(4) Where an application ismade for a pecuniary penalty orderagainst a person's property in respect ofaserious offence, all the property in thepossession or under the control ordirection of that person-
(a) at the time the application ismade;
(b) at any time between the daythe offence or the earliestoffence was committed and
the day on which theapplication is made; and
(c) within the period offive years
immediately before theearliest offence wascommitted,
shall be presumed, unless the contrary isproved, to be property that represents a
benefit received by the person by reasonof the commission of the serious
offence;" and(b) adding immediately after subsection (4) the
following new subsection:"(5) The presumption under
subsection (4) shall not be rebutted bymerely stating that the property was
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Written Laws (Miscelloneow Amendments) (No.4) Act, 2019
Amendment ofsection 23
Amendment ofsection 30
obtained from the offence that was notprosecuted."
(c) renumbering subsections (5) to(7) assubsections (6) to (8).
38. The principal Act is amended in section23(2), by inserting the words "or any other registeredentity" between the words "any trust" and "that has"appearing in paragraph (b).
39. The principal Act is amended in section 30,by deleting subsection (2) and substituting for it thefollowing:
"(2) The Director of Public Prosecutionsshall name as respondents to an applicationunder subsection (l) only those persons whoown, possess or control the tainted property.(3) Notice prescribed under section l0 shall
apply mutatis mutandis in the application made underthis section.
(4) The High Court may require notice to begiven to any person who in the opinion of the Courtappears to have an interest in the property.
(5) A person, who claims an interest in theproperty may appear and adduce evidence at the hearingofthe application.
(6) Where the High Court is satisfied that a
tainted property which is the subject ofthe application is
the property referred to in subsection (l), the Court shallorder that the property be forfeited to the UnitedRepublic.
(7) Where the Court refuses an application undersubsection (l), the Court shall make an order thatdescribes the property and declare that it is not theproperty referred to in that subsection.
(E) Where the Court is satisfied that the owner ofthe tainted property referred to in subsection (6)-
(a) has an interest in the property which is thesubject ofthe applicationt and
(b) has exercised reasonable care to ensure thatthe property would not be a tainted property;
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Wri en Laws (Miscellaneous Amendments) (No.4) Act,2019
Amendment ofsection 38
Repeal andreplac€mcnl ofsection 39
the Court shall make the order that the interestshall not be aflected by forfeiture order.(9) A person who claims an interest in property
that has been forfeited and who has not been givennotice under subsection (4), may make an application tothe High Court to vary or set aside an order made undersubsection (6) not later than sixty days after the day onwhich the forfeiture order was made."
40. The principal Act is amended in section 38,by deleting subsection (l ) and substituting for it thefollowing:
"(l) The Director of Public Prosecutionsmay make an ex parte application to the courtfor a restraining order against the property of a
person who -(a) is under investigation or has been
charged with or convicted of aserious offence including the propertyofa person other than the person whois under investigation or has beencharged with or convicted of aserious offence; or
(b) cannot be brought to court but hisproperty is subject to forfeiture underthis Act or any other law includingthe property of any other person inwhich he has interest or the propertywhich is under his control ordirection."
41. The principal Act is amended by repealing
section 39 and substituting for it the following:_Ground
forissuingresiraining order
39.-(1) Where an application for a
restraining order is made against a
property the court shall, subject to thissection, issue a restraining order againstthe property.
(2) Where the application is made
before a person is charged, the court shall
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Written Laws (Miscellaneous Amendments) (No.4) Act,20l9
not issue a restraining order unless thecourt is satisfied, having regard to thematters contained in the affidavit, thatreasonable steps have been taken toinvestigate 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 arestraining order unless the court is
satisfied that-(a) there are reasonable grounds to
believe that the respondentcommitted the offence; and
(b) the property is tainted or therespondent derived benefitfrom the commission of theoffence.
(4) Where the respondent has beenconvicted, the court shall not issue therestraining order unless-
(a) it is satisfied that therespondent has beenconvicted of a seriousoffence; and
(b) the respondenl derived a
benefit, directly orindirectly from thecommission of the offence.
(5) Where a restraining order issought against property of a person otherthan the respondent, the court shall notissue the restraining order unless there are
reasonable grounds to believe that-(a) the property is tainted; or(b) the respondent has an interest
in the property or the propertyis under control or direction ofthe respondent who derived a
benefit, directly or indirectly,from the commission of a
sought against property of a person whocannot be brought to court, the court shallnot issue the restraining order unless thereare reasonable grounds to believe that theproperty shall be forfeited under this Actor any other law.
(7) A restraining order shall begranted in respect of property whether ornot there is any risk of the property beingdisposed of or otherwise deah with in a
manner that would defeat the operation ofany forfeiture or pecuniary penalty ordermade under this Act.
(8) A restraining order issuedbefore charging under subsection (2) shalloperate for twelve months provided thatthe court may extend the period of twelvemonths upon application by the Director ofPublic Prosecutions.
(9) Where a person is chargedwithin the period of twelve months or timeso extended, the restraining order shallremain in force until it ceases to haveeffect in terms of the provisions of section52.
(10) An application for arestraining order shall be supported by an
affidavit of the investigator setting outgrounds of his belief under subsection (2)to (4)."
42. The principal Act is amended by repealingsection 56.
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ll/ritten Laws (Miscellaneous Amendments) (No.4) Act, 20 I 9
PART XIAMENDMENT OF THE OFFICE OF THE ATTORNEY GENERAL
(DISCHARGE OF DUTIES) ACT,(cAP.268)
Constru-ctionCap.26E
Addition ofsection l7A
43. This Part shall be read as one with theOflice of the Attomey General (Discharge of Duties)Act, hereinafter referred to as the "principal Act".
44. The principal Act ia amended by addingimmediately after section l7 the following new section:
'Restricrion io l7A. A Law Officer Or State
:f,:H:"^ Attorney shall not, for the wholeperiod of service as a Law Officer orState Attomey, practice as anadvocate."
PART XIIAMENDMENT OF THE TANGANYIKA
RED CROSS SOCIETYACT,(cAP.66)
45. This Part shall be read as one with theTanganyika Red Cross Sociely Act, hereinafter referred toas the "principal Act".
46. The principal Act is amended by deleting thelong title and substituting for it the following:
"An Act to provide for establishment ofTanzania Red Cross Society and to providestatutory protection for the emblems and formatters connected therewith.".
47. The principal Act is amended generally bydeleting the word "Tanganyika" wherever it appears in theAct and substituting for it the word "Tanzania."
48. The principal Act is amended by addingimmediately after section I the following new section:
"epplica lA. This Act shall apply toMainland TanzNia as well as
Tanzania Zanzibar."
Amendmentofsection 2
Amendmentofsection 3
49. The principal Act is amended in section 2, byinserting in their appropriate alphabetical order thefollowing new defi nitions:
""Conventions" means the four GenevaConventions and the additional Protocolsmade thereunder;
"emblem" means the red cross or the red crescent;"lntemational Red Cross and Red Crescent
Movemenl" means the lnternationalCommittee of the Red Cross (ICRC), thelntemational Federation of Red Cross andRed Crescent Societies and the variousnational Red Cross or Red Crescentsocieties;
"Minister" means the Minister responsible forlegal affairs;"red cross" when used to signifl a heraldic
emblem, means an emblem depicting a redcrescent moon, on white ground."
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50. The principal Act is amended by deletingsection 3 and substituting for it the following:'R.:... 3.-(l) There shall continue to
fi*:i:P*' be established and constituted rhe' Tanzania Red Cross Society whichshall be a member of the IntemationalFederation of the Red Cross and RedCrescent Societies, and is recognizedas the sole national Red CrossSociety for the United Republic.
(2) The society shall be a
voluntary aid Society and auxiliary tothe public authorities in accordancewith the 1949 Geneva Conventionsand their additional protocols.
(3) The Society shall be a
Written Lows (Miscelloneous Amendments) (No.4) Act, 2019
ofsection 7
body corporate having perpetualsuccession and a common sealcapable of suing and being sued andwhich shall have the power ofholding, purchasing and otherwiseacquiring, and disposing of propertyboth movable and immovable."
51. The principal Act is amended by deletingsection 7 and substituting it the following:"offences 7.-(l) Any person who, falsely
and with intent to deceive or defraud-(a) holds himself out to be a
member of or an agent forthe Society for the purposeof soliciting, collecting orreceiving money or otherproperty; or
(b) wears or displays theemblem or any colourableimitation thereof for thepurpose of inducing thebelief that he is a member ofor an agent for the Society orthat he has been recognizedby the Society as possessing
any qualification foradministering first-aid orother treatment for injury orsickness,
commits an offence and shall be liableon conviction to a fine of not less thanone million but not exceeding twomillion shillings or to imprisonment fora term of not less than three years butnot exceeding five years or to both.
(2) Where an offencecontemplated in this section has beencommitted for which any corporatebody is or was liable to prosecution, anyperson who was, at the time of the
commission of the offence, a director ora member of the management thecorporate body and who knew of orcould have prevented the commission ofthe offence, is guilty ofthe said offence,eitherjointly with the corporate body orpart there from, and on conviction shallbe liable to the punishment provided forin this section."
52. The principal Act is amended by addingimmediately after section 7 the following:
"Emblemandcodplianccofusage
7A.-(l ) The emblem of the RedCross and Red Crescent are protected inthe manner provided for in this Act andin the Conventions.
(2) The emblem may only be
used-(a) as a sign that persons and
equipment fall underprotection of theConventions;
(b) to show that persons orequipment are connected tothe International Red Crossand Red Crescentmovement;
(c) with the authorization of theMinister responsible fordefence affairs in respect ofpersonnel and equipment ofTanzania Peoples DefenceForces; or
(d) in the manner as otherwiseauthorized by regulationsmade by the Minister in thatregard.
(3) Subject to subsection (2) theMinister shall ensure compliance andtake appropriate measures to prevent
This Bill proposes to amend Eleven laws namely the AdvocatesAct, Cap. 341, the Births and Deaths Registration Act, Cap. l0E, theCriminal Procedure Act, Cap. 20, the Extradition Act, Cap. 368, theGovemment Proceedings Act, Cap. 5, the Magistrates Courts Act, Cap.ll, the National Prosecution Service Act, Cap.408, the Prevention andCombating of Conuption Act, Cap.329, the Proceeds of Crime Act,Cap.256, the Office of the Attomey General (Discharge of Duties) Act,(Cap.268), the Tanganyika Red Cross Society Act, Cap 66.
The proposed amendments intend to keep updated and harmonisethe respective laws with changes so far observed in their implementation.
This Bill is divided into Twelve Parts. Parr I deals withpreliminary provisions *hich includes the title of the Bill and the mannerin which the laws proposed to be amended, are amended in theirrespective Parts.
Part lI proposes amendment to the Advocates Act, Cap.34l,whereby, section 3 is amended with a view to aligning the Act withsubsequent changes that took place in the organisational structure of theOffice of the Attorney General. The changes are outcome of theCovernment Notices Nos. 48, 49, and 50 of 2018 which require theDirector of Public Prosecutions and the Solicitor General be recognisedas advocates under this Act and the Notary Public and Commissioners forOaths Act. Section 34 is amended by adding subsection (2) so as torestrict Law Officers and State Attomeys from being issued withpracticing certificates. The proposed amendment aims at restricting LawOfficers and State Attomeys and lawyers in public service to practise lawas advocates.
Part III amends the Births and Deaths Registration Act, Cap 108.The amendments intend to enhance the system of registration of birthsand deaths for purposes of enabling the Government to plan and allocateits resources, accordingly. The amendments further aim at empoweringWard and Village Executive OIficers as assistant registrars after beingdelegated with such powers by the Registrar General. The objective of
the amendment is to devolve services closer to the community. Further,the amendments propose a new provision to enable registration of deathsoccurring outside Tanzania. Furthermore, the amendments set outprocedures to be followed in the process of adoption and issuance ofregistration certificates, upon adoption.
Part IV provides for amendments of the Criminal Procedure Act,Cap. 20. The purposes of the amendment is to introduce plea bargainingsystem in the country. The system will allow negotiation in a criminalcase between the prosecutor and the accused, whereby the accused willagree to plead guilty to a particular offence charged or a lesser offence orto a particular count or counts in a charge with multiple counts in returnfor some concession from the public prosecutor which may not be limitedto lenient sentence or withdrawal of other counts. Further, the Partproposes addition of new sections 194 which provides procedures forplea bargaining agreement, consequences of a plea bargaining agreement,the format of the plea bargaining agreement and procedure forregistration of a plea bargaining agreement. The amendment intends toempower the ChiefJustice to make and give directives for better carryingout ofthe provisions relating to plea bargaining. The introduction ofthissystem in the country will reduce case backlogs and ensure timelydelivery of justice as well as reducing inmate congestions in prisonfacilities.
Furthermore, the amendment in section 219 intends to replace theterm "criminal lunatic" with the term "mentally disordered offender".This is due to the fact that the proper words used for a defendant who isintending to raise a defence on such situation, is recognized as "mentallydisorder defender.". The term was introduced through the enactment ofthe Mental Health Act, Cap.98, in 2008.
Part V proposes amendments to the Extradition Act, Cap 368 byadding a new section 8A immediately afier section 8. This amendmentaims to give mandate to the Minister responsible for legal affairs tosurrender a fugitive criminal to any person duly authorized by the countryfrom which the requsition for surrender proceeded.
Part VI of the Bill proposes amendment to the GovemmentProceedings Act, Cap. 5 by introducing the Solicitor General as an
Advocate of the Attomey-General. The proposal requires all persons to
35
Written Ldves (Miscellaneous Amendments) 0'1o.4) Act, 2019
submit to the Solicitor General a copy of the notice to sue in all suitsagainst the Attomey General in order to give him ample time to preparefor defence. Further, the Attomey General is empowered to giveinstructions to the Solicitor General to proceed or terminate anyproceedings pending in court. A new section 6A is proposed to be addedwith a view to empower the Altomey General to intervene in any suit ormatter instituted by against the Govemment. It is also proposed thatwhere the Attomey General intervenes in such suit or mafter there won'tbe a requirement to issue a ninety days notice as stipulated by theGovernment Proceedings Act, Cap. 5.
Part VIll of the Bill proposes to amend the National ProsecutionsService Act, Cap. 430 by amending section 9. The proposed amendmentsintend to decentralize the powers of the Director of Public Prosecutionson issues related to issuance of consents to offences which require hisconsent before they are commenced in courts of law. This will speed theprocess of obtaining his consent and this time around the same will beissued in respective regions without the necessity of sending the files tothe headquarters of the National Prosecutions Services according to thethreshold set by the Director of Public Prosecutions. Also this partproposes to add a new section 94, wilh intent to give the Director morecontrol on compounding of offences and requiring authorized Officers tofumish or submit reports on compounding offences.
Part IX of the Bill proposes to make amendments in thePrevention and Combating of Corruption Act, Cap 329. The proposedamendments intend to align the powers of the Director of PublicProsecution and officers under him as provided udner section 57, toissuing consent to commence criminal proceedings in corruptionoffences, with section 9 of the National Prosecutions Services Act, Cap430 as amended.
Part X proposes to amend the Proceeds of crime Act, Cap.256.The proposed amendments intend to strengthen the legal measures that
36
Part VII proposes amendments to the Magistrates' Courts Act,Cap I l. The proposed amendment ofsection 40(3) is intended to enhancethe pecuniary jurisdiction of commercial cases in subordinate courts. Theamendment aims at reducing backlog of cases triable in the High CourtCommercial Division.
will ensure criminals are deprived proceeds of crimes and therebydiscourage them from committing property driven crimes, such ascorruption, trafficking in narcotic drugs, money laundering and relatedserious offences. Section 3 is proposed to be amended to widen thescope of the definition of a serious offence in order apply the Proceedsof Crimes Act to all potential offences which generates proceeds whichare committed within and outside the country. The cunent definition isnarrow, it does not include all potential criminal offences which arecommitted in foreign jurisdictions. It is also proposed to repeal thedefinition of specified offence because there is no longer reference ofthese phrases in the Act. The part also proposed to repeal section 6. Theproposed amendment in section 3 is intended to delete the phrase"specified offence" and substituting for it the phrase "foreign seriousoffence" which is proper after the former was deleted wherever itappeared in the Act. The reason to repeal section 6 is to avoid repetitionsince the definition ofserious offence is already provided in section 3. Insection 9 (l) it is proposed to add properties of corresponding value inthe list of properties that can be confiscated.
Amendmenet to section l0(l) on the other hand, proposed toremove the mandatory period of l4 days for service of an application tothe respondent in order to provide flexibility for service ofthe applicationwhere it is not practically possible to serve the application within 14days. Moreover, the proposed amendments in section l4 aim atintroducing new sections 14A and l4B are intended to void actions orarrangements that may prejudice lhe Govemment's ability to recoverproperty that is subject to forfeiture. This amendment will discouragefraudulent acts calculated to prevent the Govemment from confiscationof criminal assets such as disposition or transfer of properties that arerestrained to secure them for confiscation. The proposed amendments insections 20,22,30,38 and 39 are intended to strengthen efforts ofdepriving criminals to getting advantage of the proceeds or benefits ofcrime. Lastly, the proposed amendments in section 43(l) (d) are intendedto repeal paragraph (d) which imposes unnecessary requirement for theGovemment to give undertaking to pay damages or costs arising from thegranting of restraining order in order which is already taken care of bythe Govemment Proceedings Act.
Part XI of the Bill proposes to amend the Office ofthe AttorneyGeneral (Discharge of Duties) Act, Cap. 268. A new section l7A is
proposed to be added so as to restrict Law officers and state Attomeysfiom practising as advocates.
Part XII proposes amendment to the Tanganyika Red Cross Actby deleting the title "Tanganyika" and replacing it with the title"Tanzania". The aim is to give mandate to the society to extend itsfunction to Tanzania Zanaibar. Further, the amendments intend toreestablish the Tanzania Red Cross Society and expand the definitionsand its mandate in the country and at the intemational level for purposesof implementing the four Geneva Conventions and the protocolsadditional to those Conventions. Section 7A is amended to provide forthe meaning ofthe emblem and restrictions on its use.
MADHUMUNI NA SABABU
Muswada huu unapendekeza marekebisho katika Sheria Kumi naMoja zifuatazo; Sheria ya Mawakili, Sura ya 341, Sheria ya Usajili yaVizazi na Vifo, Sura ya 108, Sheria ya Mwenendo wa Mashauri ya Jinai,Sura ya 20, Sheria ya Urejeshwaji wa Wahalifu, Sura ya 368, Sheria yaMashauri dhidi ya Serikali, Sura ya 5, Sheria ya Mahakama za MahakimuWakazi, Sura ya I l, Sheria ya Taifa ya Mashitaka, Sura 430, Sheria yaKuzuia na Kupambana na Rushwa, Sura ya 329, Sheria ya Mapatoyatokanayo na Uharifu, Sura ya 256, Sheria ya Utekelezaji wa Majukumuya Ofisi ya Mwanasheria Mkuu wa Serikali, Sura 268 na Sheria yaChama cha Msalaba Mwekundu Tanzania, Sura ya 66.
Mapendekezo ya marekebisho yanalenga kuondoa mapungufuambayo yamejitokeza katika Sheria hizo wakati wa utekelezaji wa baadhiya masharti katika Sheria husika.
Muswada huu umegawanyika katika Sehemu Kumi na Mbili.Sehemu ya Kwanza inahusu masharti ya utangulizi ambayoyanajumuisha jina la Muswada na namna ambavyo masharti mbalimbaliya sheria yanavyopendekezwa kurekebishwa.
Sehemu ya Pili inapendekeza marekebisho kwenye Sheria yaMawakili, Sura ya 341, ambapo kifungu cha 3 kinapendekezwakufanyiwa marekebisho kwa lengo la kuwianisha Sheria na mabadiliko
yaliyofanyika kwenye Muundo wa Ofisi ya Mwanasheria Mkuu waSerikali. Mabadiliko hayo ni matokeo ya Matangazo ya Serikali Namba48, 49 na 50 ambayo yalimtaka Mkurugenzi wa Mashtaka na WakiliMkuu wa Serikali watambulike kuwa mawakili kwa namna Sheria hii naSheria ya Kamishna wa Viapo zinavyohusika. Aidha, kifungu ch 34kinakusudiwa kurekebishwa kwa kuongeza kifungu kidogo cha (2) kwalengo la kuzuia Mawakili wa Serikali na wanasheria katika urumishi waumma kufanya kazi za uwakili wa kujitegemea.
Sehemu ya Tatu inapendekeza marekebisho kwenye Sheria yaUsajili wa Yizazi na Vifo, Sura ya 108. Marekebisho haya yanalengakupanua wigo wa mfumo wa usajili wa vizazi na vifo kwa madhumuniya kuiwezesha Serikali kupanga na kusambaza rasilimali kwa wananchikwa ufanisi. Marekebisho haya yanawatambua Watendaji wa Kata naVijiji kuwa wasajili wasaidizi baada kukasimiwa mamlaka hayo naMsajili Mkuu. Utaratibu huu utasogeza huduma karibu zaidi na jamii.Marekebisho haya pia yanalenga kusajili hata vifo vitakavyotokea nje yaTanzania. Marekebisho katika Sheria hii yanalenga pia kuweka utaratibuutakaofuatwa wakati wa kuasili mtoto (adoption) na utaratibu wa kutoahati ya usajili baada ya uasili wa mtoto.
Sehemu ya Nne inapendekeza marekebisho kwenye Sheria yaMwenendo wa Mashauri ya Jinai, Sura ya 20. Madhumuni yamarekebisho haya ni kuweka mfumo rasmi na unaotambulika wamakubaliano ya awali ya makosa ndani ya nchi. Makubaliano ya awali yamakosa kwa mujibu wa marekebisho haya yatakuwa ni makubalianokwenye kesi za jinai kati ya mwendesha mashtaka na mtuhumiwaambapo mtuhumiwa anakiri kosa dhidi ya makosa aliyoshtakiwa auanakiri kosa dogo miongoni mwa makosa mbalimbali aliyoshtakiwabaada ya kukubaliana na mwendesha mashtaka kuwa kukiri kwakekutampunguzia uzito wa adhabu. Mapendekezo ya marekebisho yakifungu cha 194 yanalenga kuweka utaratibu wa makubaliano ya awali,matokeo ya kukiri makosa, mwongozo wa makubaliano ya awali pamojana utaratibu wa usajili wa makubaliano ya awali. Kuanzishwa kwamfumo huu kutapunguza mlundikano wa kesi na kutahakikisha kuwepokwa utoaji wa haki ndani ya muda na kupunguza msongamano wawafungwa magerezani.
Marekebisho ya kifungu cha 219 yanalenga kufuta maneno"criminal lunatic" na badala yake kuweka maneno "mentally disorderedoffender". Sababu za marekebisho haya zinatokana na matumizi sahihiya maneno yanayotumika kwa mtu anayetaka kujitetea kutokana namatatizo ya akili, kwa sasa maneno sahihi yaliyokubatika ni "mentallydisordered offender ". Maneno haya yalianza kutumika ndani ya Sheriahii kupitia kutungwa kwa Sheria ya Afua ya Akili, Sura ya 98 mnamomwaka 2008.
Sehemu ya Tano inarekebisha Sheria ya Urejeshaji wa Wahalifu,Sura ya 368 kwa kuongeza kifungu kipya cha 8A kwa lengo lakumuwezesha Waziri anayehusika na masula ya sheria kuwa na mamlakaya kumkabidhi mhalifu wa nje kwa mtu yeyote aliyeidhinishwa na nchiinayoomba kukabidhiwa mhalifir huyo.
Sehemu ya Sita inapendekeza marekebisho kwenye Sheria yaMashauri dhidi ya Serikali, Sura ya 5, ambapo Wakili Mkuu wa Serikalianatambuliwa ndani ya Sheria hii. Pale ambapo notisi ya kuishtakiSerikali itatotolewa kwa Mwanasheria Mkuu wa Serikali, inapendekezwakuwepo na ulazima wa kutoa nakala ya notisi hiyo kwa Wakili Mkuu waSerikali. Marekebisho pia yanalenga kumuwezesha Mwanasheria Mkuuwa Serikali kutoa maelekezo kwa Wakili Mkuu wa Serikali ya aidhakuendela au kusitisha shauri lililofunguliwa na Serkali. Kifungu kipyacha 6A kinapendekezwa kuongezwa kwa lengo la kumwezeshaMwanasheria Mkuu wa Serikali kuingilia mashauri na kesi zotezilizofunguliwa na Serikali au dhidi ya Serikali. Aidha, inapendekezwapia, iwapo Mwanasheria Mkuu wa Serikali ataingilia shauri lolote,hakutakuwa na ulazima wa kupewa notisi ya siku 90 kamainavyoelekezwa katika Sheria ya Mashauri dhidi ya Serikali, Sura ya 5.
Sehemu ya Saba inapendekeza marekebisho katika Sheria yaMahakama za Mahakimu, Sura ya I I . Kifungu cha 40(3) kinakusudiwakurekebishwa ili kuongeza kiwango cha thamani ya kifedha katikamashauri ya kibiashara ambayo mahakama za chini zinawezakuyasikiliza. Lengo la marekebisho haya ni kupunguza mlundikano wamashauri karika Mahakama Kuu Divisheni va Biashara.
Sehemu ya Nane ya Muswada inapendekeza kufanyamarekebisho katika Sheria ya Taifa ya Mashitaka, Sura ya 430, Kifungucha 9 kinarekebishwa kwa lengo la kuwapa uwezo maofisa walio chini yaMkurugenzi wa Mashtaka walio mikoani kuweza kutoa vibali na ridhaa
za kuendesha mashtaka kuendana na uzito wa kesi ambao utawekwa naMkurugenzi wa Mashitaka. Marekebisho haya yanalenga kupunguzaidadi ya majalada yanayopelekwa Makao Makuu ya Ofisi ya Taifa yaMashitaka kwa ajili ya kuombewa vibali au kupata ridhaa ya MwendeshaMashtaka Mkuu wa Serikali.
Marekebisho pia yanapendekezwa kwa kuongeza kifungu kipyacha 94 ambacho kinaweka masharti kwa taasisi zote na mashirikayaliyopewa mamlaka ya kufifilisha makosa kuwasilisha kwa Mkurugenziwa Mashtaka taarifa ya kila mwezi ya makosa yaliyofifilishwa.Marekebisho pia yanalenga kumpa Mkurugenzi wa Mashtaka mamlakaya kufifisha makaso mbalimbali.
Sehemu ya Tisa ya Muswada inapendekeza kuifanyiamarekebisho Sheria ya kuzuia na Kupambana na Rushw4 Sura ya 329katika kifungu cha 57. Lengo la marekebisho haya ni kumpa mamlakaMkurugenzi wa Mashtaka kuweka utaratibu utakaotumiwa wa kupataidhini yake ya kumruhusu afisa asiyekuwa mwendesha mashtaka waSerikali kuendesha makosa ya rushwa.
Sehemu ya Kumi ya Muswada inalenga kufanya marekebishokatika vifungu mbalimbali vya Sheria ya Mapato yatokanayo na Uhalifu,Sura ya 256. Lengo la marekebisho haya ni kuhakikisha kuwa wahalifuhawanufaiki na mali zozote zinazotokana na makosa ya rushwa,usafirishaji wa madawa ya kulevya, kutakatisha fedha na makosayanayohusiana na hayo. Katika marekebisho hayo, tafsiri ya maneno"makosa makubwa" (serious offencel inapanuliwa ili kujumuisha makosayanayofanyika nje ya nchi. Inapendekezwa pia kufuta tafsiri ya maneno"speciJied ffince" kutokana na sababu kuwa kosa hilo halitambuliki tenandani ya Sheria hii. Kifungu cha 9 kinapendekezwa kurekebishwa kwalengo la kuongeza uzito wa thamani kwenye orodha ya mali zinazowezakutaifishwa. Marekebisho haya yanalenga pia pale ambapo mali ambayoinapaswa kutaifishwa tayari imeishauzw4 imepotea, thamani yakeimeshuk4 imechanganywa na mali halali au mali hiyo ipo nje ya nchi,basi mahakama inapewa na uwezo wa kuamrisha mali ya thamani ile ileiweze kuchuliwa kutoka kwa mtu au taasisi husika. Jambo linginelinalolengwa katika mabadiliko haya ni kupambana na vitendo vyote vyakujipatia mali ambazo ni zao la uhalifu lakini pia kuzuia serikali isilipe
gharama kutokana na zoezi la kuzuia mali wakati mchakato wa kutaifishamali husika ukiwa unaendelea"
Sehemu hii pia inakusudia kufanya marekebisho katika kifungucha l0 cha Sheria tajwa ili kumwongezea Mwanasheria Mkuu waSerikali uwezo wa kutoa notisi ya siku kumi na nne kwa mtu thumiwa aumtu aliye na maslahi katika mali inayotarajiwa kutaifishwa. Marekebishohaya yatapunguza vitendo vya udanganyifu vinavyoweza kuzuia Serikalikutaifisha mali zilizokamatwa zikisubiri kutaifishwa. Marekebisho yavifungu vya 20,22,30,38 na 39 yanalenga kuviboresha ili kuwazuiawatuhumiwa wa jinai kujinufaisha na vitendo vya uhalifu.
Mwisho, marekebisho ya kifungu cha 43 yanalenga kuondoamahitaji yasiyo ya lazima dhidi ya Serikali ya kulipa gharama za madharayanayotokana na amri ya zuio iliyowekwa. Utaratibu huu umeainishwaipasavyo ndani ya Sheria ya Mashauri dhidi ya Serikali, Sura ya 5.
Sehemu ya Kumi na Moja ya Muswada inapendekeza kuifanyiamarekebisho Sheria ya Sheria ya Utekelezaji wa Majukumu ya Ofisi yaMwanasheria Mkuu wa Serikali, Sura ya 268. Kifungu kipya cha l7Akinapendekezwa kuongezwa ili kuwazuia Mawakili wa Serikali na
Wanasheria katika utumishi wa umma kufanya kazi za uwakili wakujitengea.
Sehemu ya Kumi na Mbili inapendekeza kurekebisha Sheria ya
Chama cha Msalaba Mwekundu Tanzania, Sura ya 66. Marekebishoyanalenga kuifanya Sheria hii kutumika katika pande zote za Jamhuri ya
Muungano wa Tanzania. Marekebisho pia yanalenga kupanua wigo wa
majukumu ya Chama hicho na mamlaka kwa mujibu wa kiwango cha -
kimataifa. Marekebisho ya kifungu cha 7,{ yanalenga kutoa maana ya
nembo ya msalaba mwekundu na masharti au zuio la matumizi ya nemhhiyo.
