ISSN 0856 - 033rX

THE UNITED REPUBLIC OF TANZANIA

ACT SUPPLEMENTNo.8 2th Septembe4 20tB

to the Special Gazelte ofthe United Republic ofTdnunia No-7 yol. gg dated 2* Septembe?,2018Printed by the Governmcnt Prioter, Dodoma by Order ofGovernment

THE WRITTEN LAWS (MISCELLANEOUS AMENDMENTS) CNO.3)ACT, 20 I8

ARRANGEMENT OF SECTIONS

Section Title

PART IPRELIMINARY PROVISIONS

Short title.Amendment of certain written laws.

PART IIAMENDMENT OF THE APPELLATE JURISDICTION ACT,

(cAP. r4l)

Construction.Addition of sections 3,A and 38.

PART IIIAMENDMENT OF THE CIVIL PROCEDURE CODE,

(cAP.33)

Construction.Addition of sections 3,A' and 38.

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No.8 The Writlen Ldws (Miscellaneous AmendmenB) (No.3) Act

Construction.Addition of section 41A.Amendment of section 47.

PART VAMENDMENT OF THE MAGISTRATES' COURTS ACT,

(cAP. 11)

10. Construction.I l. Amendment ofsection 45.

12. Construction.13. Amendment of section 2.14. Amendment of section 3.15. Amendment of section 4-

16. Amendment of section 6.

17. Amendment of section 8.

I 8. Amendment of section l019. Amendment of section 21.

PART VIIAMENDMENT OF THE STATISTICS ACT,

(cAP.3sl)

20. Construction.21. General amendment.22. Amendment of section 3.

23. Amendment of section 17.

24. Repeal and replacement ofsection 18.

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2018

PART IVAMENDMENT OF THE LAND DISPUTES COURTS ACT

(cAP. 216)

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8

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PART VIAMENDMENT OF THE NATIONAL SPORTS COIJNCIL OF

TANZANIAACT,(cAP.49)

No. E The Wfitten Lqws (Miscellaneous Amendments) (No.3) Act 2018

25.26.27.28.29.

Repeal and replacement ofsection 19.

Amendment of section 20.Amendment of section 22.Addition of sections 24A and 248.Amendment of section 37.

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No.8 The l4/tilteh Lqas (Miscellaneous Amendments) (No.3) Act 2018

THE LNITED REPUBLIC OF TANZANIA

NO.8 0F 20t8I ASSENT,

JoHN PoMBE JoSEPH MAGUFULT

President

[24th SEPTERMBER , 2018]

An Act to amend certain written laws.

ENACTED by Parliament of the United Republic of Tanzania.

PART IPRELIMINARY PROVISIONS

Short litle 1. This Act may be cited as the Written Laws(Miscellaneous Amendments) (Irlo.3) Act, 201 8.

Amendment ofcertain writtenlaws

2. The written laws specified in various Parts ofthis Act are amended in the manner specified in theirrespective Parts.

PART IIAMENDMENT OF THE APPELLATE JURISDICTION ACT,

(cAP. r4l)

ConstructionCap. 14l

3. This Part shall be read as one with theAppellate Jurisdiction Act, hereinafter referred to as the"principal Act".

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No.8 The lYritten Laws (Miscellaneow Amendments) (No.3) Act 2018

Addition ofsections 3A aJrd

3B

4. The principal Act is amended by addingimmediately after section 3 the following -

''Orerridingobiective ofAcr

Dut-v to upholdobjective

3A.-(l) The overridingobjective ofthis Act shall be tofacilitate the just, expeditious,proportionate and affordableresolution of att mattersgovemed by this Act.

(2) The Court shall, inthe exercise of its powersunder this Act or theinterpretation of any of itsprovisions, seek to give effectto the overriding objectivespecified in subsection ( 1).

38.-(l) For the purposeof furthering the overridingobjective specified in section3A, the Court shall handle allmatters presented before itwith a view to attaining thefollowing-

(a) Just determinationofthe proceedings;

(b) efficient use of theavailable judicialand administrativeresources includingthe use of suitabletechnology; and

(c) timely disposal ofthe proceedings inthe Court at a costaffordable by therespective parties.

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No.8 The Written L.trs (Miscellaneous Amendmekts) (No.3) Act 2018

(2) A party toproceedings before the court oran advocate for such a partyshall have the duty to assist theCourt to further the overridingobjective and to that effect,participate in the processes ofthe Court and comply withdirections and orders of theCourt.

(3) The Chief Justicemay make rules for bettercarrying out the provisions ofsections 3,{ and 3B."

PART IIIAMENDMENT OF THE CIVIL PROCEDURE CODE,

(cAP.33)

5. This Part shall be read as one with the CivilProcedure Code, hereinafter referred to as the "principalAct".

ConstructionCap.33

Addition ofsections 3Aand 3B

6. The principal Act is amended by addingimmediately after section 3 the following-

''OrerrirJing_ 3A.-(l)Theoverridingobjective

lbJecrr\ e or of this Act shall be to lacilitate the just,

expeditious, proportionate and affordableresolution of civil disputes governed bythis Act.

(2) The Court shall, in theexercise of its powers under this Act orthe interpretation ofany olits provisions.seek to give effect to the overridingobjective specified in subsection (l).

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No.8 The Written Laws (Miscelloneous Amendments) (No.3) Act 20r8

3B.-(l). For the purpose offurthering the overriding objectivespecified in section 3A, the Court shallhandle all matters presented before itwith a view to attaining the following-

(a) just determination of theproceedings;

(b) efficient use of the availablejudicial and administrativeresources including the use ofsuitable technology; and

(c) timely disposal of theproceedings at a costaffordable by the respectiveparties.

(2) A party to civil proceedingsor an advocate for such a party shallhave a duty to assist the Court to furtheroverriding the objective of this Act and,to that effect, to participate in theprocesses of the Court and to complywith the directions and orders of theCourt.

(3) The Chief Justice may makerules for better carrying out theprovisions of sections 3,4 and 3B."

PART IVAMENDMENT OF THE LAND DISPUTES COURTS ACT,

(cAP.2l6)

Constsuction 7. This Part shall be read as one with the Landcap' 216

Disputes Courts Act, hereinafter referred to as the "principalAct".

Addition ofsectior 4lA

8. The principal Act is amended by addingimmediately after section 4l the fo[lowing new section-

Duty toupholdobjecrive

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No. t The Written L6ws (Miscellaneous Amendments) (No.3) Act 20t8

Amendmentofsection 47

*Extended

jurisdiction4lA-( l) Notwithstanding section

41, the Chief Justice may, afterconsultation with the Ministerresponsible for legal affairs and theAttomey General, by order published inthe Gazette, vest any resident magistratewith the appellate or revisionaljurisdiction ordinarily exercisable by theHigh Court under this Act.

(2) For the purpose of any appealfrom or revision in the exercise ofjurisdiction referred to under subsection(l), the resident magistrate with extendedjurisdiction shall be deemed to be thejudge of the High Court, and courtpresided over by him while exercisingsuch jurisdiction shall be deemed to bethe High Court.

(3) The High Court may directthat an appeal or revision instituted in theHigh Court be transferred to and be heardby a resident magistrate upon whomextended jurisdiction has been conferredby this section."

9. The principal Act is amended in section 47, by-(a) deleting subsection (l) and substituting for it the

following:"(l) A person who is aggrieved by the

decision of the High Court in the exercise ofits original jurisdiction may appeal to theCourt of Appeal in accordance with theprovisions of the Appellate Jurisdiction Act."

(b) adding immediately after subsection (l) thefollowing:

"(2) A person who is aggrieved bythedecision of the High Court in the exercise ofits revisional or appellate jurisdiction may,with leave of the High Court or Court of

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No.8 The Wrillen Lows (Miscellaneow Amendments) (No.3) Act 20r 8

PART VAMENDMENT OF THE MAGISTRATES' COURTS ACT,

(cAP.ll)

ConstructionCap. I I

10. This Part shall be read as one with theMagistrates' Courts Act, hereinafter referred to as the"principal Act".

Amendment ofsection 45

11. The principal Act is amended in section 45(l),by adding immediately after the words "High Court"appearing at the end of paragraphs (a) and (b) the words,"under this Part and subpart (c) ofPart III to this Act."

PART VIAMENDMENT OF THE NATIONAL SPORTS COUNCIL OF

TANZANIA ACT,(cAP. 49)

ConstructionCap.49

12. This part shall be read as one with the NationalSports Council of Tanzania Act, hereinafter referred to as

the "principal Act".

Amendment ofsection 2

13. The principal Act is amended in section 2, by-

(a) deleting the word "amateur" in the definition ofthe term "sports association" and substituting forit the words "all forms of';

(b) adding in the appropriate alphabetical order thefollowing:

"sports" means an activity involving physicalexertion and skill in which an individual orteam competes against another forentertainment, and includes sports bettingf'.

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Appeal, appeal to the Court of Appeal."(c) renumbering subsections (2) and (3) as

subsections (3) and (4) respectively.

No.8 The llritten l"aws (Miscellqneous Amendmenls) (No.3) Act 20t8

Amendment ofsection 3

Amendment ofsection 4

Amendment ofs€clion 6

14. The principal Act is amended in section 3, by-

(a) adding immediately after subsection (l) thefollowing provisions:

"(2) Notwithstanding the provisionsof subsection ( I ), the Attorney General shallhave the right, through the Solicitor General,to intervene in any suit or matter institutedby or against the Council.

(3) Where the Attorney Generalintervenes in any suit or matter pursuant tosubsection (2), the provisions of the

cap.5 Govemment Proceedings Act shall apply inrelation to the proceedings of that suit ormatter as if it had been instituted by oragainst the Covernment:

Provided that, the requirement ofninety days notice of intention to sue theCovernment as stipulated under theGovemment Proceedings Act shall not applywhere the Attomey General intervenes underthis section.

(4) The Council or such other personon its behalf shall have the duty ofnotirying the Attomey General of anyimpending suit or intention to institute a suitor matter for or against the Council.";

(b) renaming subsection (2) as subsection (5).

15. The principal Act is amended in section 4, by-

(a) deleting the word "amateur" appearing insubsection (l) (a);

(b) deleting the word "amateur" appearing insubsection (2) (g) and substituting for it thewords "all forms ol'.

16. The principal Act is amended in section 6(b), bydeleting the word "or" appearing immediately after theword "approval" and substituting for it the word "of'.

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No.8 The lyritten Laws (Miscellaneous Amendments) (No.3) Act 2018

Amendment ofsecliort 8

Amendment ofs€ction l0

Amendment ofs€ction 2l

17. The principal Act is amended in section 8, by-

(a) deleting the words "Tanzania AuditCorporation" appearing in subsection (2) andsubstituting for it the words "Controller andAuditor General";

(b) deleting the word "auditors" appearing insubsection (3), and substituting for it the words"Controller and Auditor General";

(c) deleting the word "auditor's" appearing insubsection (4) and substituting for it the words "Controller and Auditor General".

18. The principal Act is amended in section 10, bydeleting the words "as many" and substituting for them thewords "such number of'.

19. The principal Act is amended in section 2l(l),by deleting the word "up" appearing immediately after theword "binding" and substituting for it the word "upon".

PART VIIAMENDMENT OF THE STATISTICS ACT,

(cAP.35l)

20. This Part shall be read as one with theStatistics Act, hereinafter referred to as the "principalAct."

21. The principal Act is amended generally by-

(a) deleting the title "Director General" whereverit appears throughout the Act and substitutingfor it the title "Statistician General";

(b) deleting the words "statistical information" and

"official statistical information" wherever theyappear in sections 5, 6(2)(c) and (f), 19,22(2),23(t), 28 and 37(2), (4), (5), (6) andsubstituting for them the words "officialstatistics".

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CorlslructionCap.35l

Generalamendment

No.8 The Written La$'s (Miscellaneous Amendments) (No.3) Act 2018

Amendment ofsection 3

22. The principal Act is amended in section 3, by-

(a) deleting the definition of the term "officialstatistics" and substituting for it the following:

""official statistics" means statisticsproduced, validated, compiled anddisseminated by or under theauthority ofthe Bureau;"; and

(b) adding in the appropriate alphabetical order thefollowing new definition:

""statistical information" means anyorganized quantitative or qualitativeinformation obtained from differentsources through censuses, surveysor administrative data."

Amendment ofsection l?

23. The principal Act is amended in section 17(3),by-

(a) deleting the word "all" appearing in paragraph(a) and substituting for it the words"Government institutions and": and

(b) inserting the word "Govemment institutionand" between the words "by" and "agencies"appearing in paragraph (b).

Repeal andreplacement ofsection l8

24. The principal Act is amended by repealingsection l8 and replacing it with the following:

'Mandate tocollect officialstatistics

18.-( I ) Without prejudiceto section 20, the StatisticianGeneral shall have powers tocommence, vary or discontinue thecollection of oflicial statisticsconducted through surveys orcensuses.

(2) A person, Govemmentinstitution or agency shall notauthorise the commencement ofthe collection of oflicial statisticsthrough surveys or censuses

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No.8 The lytitten L6rs (Miscellaneous Amendments) (No.3) Act

Repeal andreplacemenl ofsection 19

except with the approval of theStatistician General."

25. The principal Act is amended by repealingsection l9 and replacing it with the following:

"Delegarion 19. Notwithstanding theof Do*ers to

".,,"""i"'" '" generality of section l8(2) and

ofticiar subject to guidelines issued by thestalistics Bureau, powers to collect OffiCial

statistics afforded to heads ofGovemment institutions pursuant toany written laws shall be deemed tobe powers delegated to thoseinstitutions by the StatisticianGeneral."

28. The principal Act is amended by addingimmediately after section 24 the following:

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Amendment ofsection 20

26. The principal Act is amended in section 20,by-

(a) deleting the marginal note and substituting forit the following:

"Producers of offi cial statistics";(b) deleting the opening words of subsection (l)

and substituting for them the following:"(1) Official statistics may be producedbyj';

(c) deleting subsection (3).

Amendment ofsection 22

27. The principal Act is amended in section 22,by-

(a) deleting the word "other" appearing in themarginal note;

(b) deleting subsection (2) and substituting for itthe following:

"(2) The Bureau may cause to be

published statistics collected pursuant tosubsection ( I ).".

Addition ofsections 24A and248

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No.8 The Witten Lows (Miscellaneous Amendhents) (No.3) Act 2018

"Disseminationofofficialstatistics

"Prohibition ondissemination ofstatisticalinfomation

24A.-(l) Any person whois authorised by the Bureau toprocess any official statistics, shallbefore publishing orcommunicating such informationto the public, obtain an

authorisation from the Bureau.

(2) A person who has

different findings from statisticsdisseminated by the bureau shall,prior to communicating suchfindings to the public, consult thebureau.

248.-(l) A person shall notdisseminate or otherwisecommunicate to the public anystatistical information which is

intended to invalidate, distort ordiscredit offi cia[ statistics.

(2) A person shall notdisseminate or communicate to thepublic any statistical informationwithout the approval of theStatistician General."

section 3729. The principal Act is amended in section 37,

by-

(a) inse(ing the words ", being an employee of theBureau," between the words "person" and

"who" appearing in the opening phrase ofsubsection ( 1);

(b) deleting subsection (4) and substituting for itthe following:

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No.8 The llritten Lows (Miscellateous Amendnents) (No.3) Act 20r8

"(4) Any person who publishes orcauses to be published or communicatesany oflicial statistics or statisticalinformation contrary to the provisions ofthis Act, commits an offence and is liable,on conviction to a fine of not less than tenmillion shillings or to imprisonment for aterm of not less than three years or toboth.";

(c) deleting subsections (5) and (6).

Passed by the National Assembly on the l0n September, 2018.

STEPHEN KAGAIGAI

Clerk of the National Assembly

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