ARRANGEMENT OF SECTIONS. ntle PART I PRELIMINARY PROVISIONS PART II THE NATIONAL PROSECUTIONS SERVICE. (a) The Service. (c) Related Functions

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1 THE NATIONAL PROSECUTIONS SERVICE ACT, 200~ ARRANGEMENT OF SECTIONS Citation ntle PART I PRELIMINARY PROVISIONS 1. Short title and commencement. 2. Application. 3. Interpretation. PART II THE NATIONAL PROSECUTIONS SERVICE (a) The Service 4. National Prosecutions Service. 5. Appointment State Attorneys. 6. Appointment Acting Director. 7. Appointment ficers. 8. Guiding principles. (b) Control Criminal Proceedings 9. Control Prosecutions. 10. Appeals, revision and applications. II. Assistance in Criminal matters. (c) Related Functions 12. Payment and forfeiture to Government. 13. Assistance to ficers or jurisdictions. 14. Inquests. 15. Related functions. (d) Coordination Investigation 16. Powers Director. 17. Director may require information. 18. Director may issue orders, guidelines, instructions. I

2 2 No. 27 National Prosecutions Service 2008 PART III TENURE, REMOVAL AND RETIREMENT OF THE DIRECfOR 19. Tenure fice Director. 20. Retirement from Office. 21. Resignation. PART IV ADMINISTRATIVE PROVISIONS 22. Power to appoint public prosecutors. 23. Delegation powers. 24. Coordination investigation crimes. 25. Inspection prosecution fices. PART V GENERAL PROVISIONS 26. Judicial notice. 27. National Criminal Justice Forum. 28. Powers to make Regulations. 29 Transitional and savings. PART VI CONSEQUENTIAL AMENDMENTS 30. Construction. 31. Criminal Procedure Act. 32. Bankruptcy Act. 33. Social Security Fund Act. 34. Marine Park Reserves Act. 35. Excise (Management and Tarift) Act. 36. Merchant Shipping Act. 37. Economic and Organised Crimes Control Act. 38. Companies Act. 39. Beekeeping Act. 40. Dairy Industry Act. 41. National Parks Act. 42 Wildlife Conservation Act.

3 No. 27 National Prosecutions Service Ngorongoro Conservation Act. 44. Factories Act. 45. Forest Act. 46. Income Tax Act. 47. Public Health (Sewerage and Drainage) Act. 48. Public Service Retirement Benefits Act. 49. Parastatal Organisations and Pensions Scheme Act. 50. National Health Insurance Fund Act. 51. Customs (Management and Tariff) Act. 52. Local Authorities Pensions Fund Act.

4 No. 27 National Prosecutions Service THE UNITED REPUBLIC OF TANZANIA No. 27 OF 2008 I ASSENT ~.~,..,;;r [... l-... ::+~..... :::J..t President b1-~,~oog An Act to make provisions for establishment National Prosecutions Service, to provide for organisation, management, monitoring, supervision prosecution and coordination investigation with a view to promoting and enhancing dispensation criminal justice, and to provide for related matters. ENACTED by Parliament United Republic Tanzania PART I PRELIMINARY PROVISIONS 1. This Act may be cited as National Prosecutions Service Act, 2008, and shall come into operntion on date which Minister may, by notice published in Gazette, appoint. 2. This Act shall apply in relation to all criminal prosecutions and coordination investigation crimes in Mainland Tanzania. 3. In this Act, unless context orwise requires - Short title, and commencement Application Interpretation

5 6 No. 27 National Prosecutions Service 2008 Cap.2 Cap. I Cap. 268 "Attorney General" means Attorney General appointed under Article 59 Constitution; "Constitution" means Constitution United Republic Tanzania l977; "Deputy Attorney General" means Deputy Attorney General appointed pursuant to sub article (I) Article 59A Constitution; "Director" means Director Public Prosecutions appointed pursuant to sub-article (I) Article 59B Constitution; "Law Officer" means Attorney General and every legally qualified member Attorney General's Chambers rank or above Senior State Attorney or Senior Parliamentary Draftsman; "Minister" means Minister responsible for legal affairs; "public prosecutor" means a person appointed in accordance with this Act to conduct prosecution a criminal case in court law; "Service" means National Prosecutions Service; "State Attorney" has meaning assigned to it under Office Attorney General (Discharge Duties) Act, PART II THE NATIONAL PROSECUTIONS SERVICE (0) The Service National Prosecutions Service 4.-(1) There is established a Service to be known as National Prosecutions Service. (2) The Service shall consist Director, and such or ficers appointed to assist Director to perform functions Service. (3) The Director shall be head operations in Service in relation to prosecutions and coordination investigation duties conducted by investigative organs. (4) The Director and any ficer appointed to exercise functions Service under this Act or any or written law, shall have a locus standi in courts law.

6 No. 27 National Prosecutions Service (1) Subject to Office Attorney-General (Discharge Duties) Act, 2005, re shall be appointed such nwnber State Attorneys as may be necessary for proper, efficient and effective performance functions Service. 8. In exercise powers and performance his functions, Director sha1l observe following principles- Appointment State Attorneys Act NO (2) Subject to laws governing public service, every State Attorney shall be under supervision immediate supervisor or incharge work. (3) Under superintendence, direction and control Director, a State Attorney may exercise general or specific powers and perform general or specific functions Director. (4) Any power exercised or functions performed under this Act by a State Attorney shall be deemed to have been exercised or performed by Director. 6. The Attorney General shall appoint from amongst qualified Law Officers Acting Director Public Prosecutions during absence Director by reason illness or or cause or vacancy in fice and shall have all powers and duties, and may exercise any functions Director. 7.-( I) The Deputy Attorney General may appoint such number or categories Law Officers as may be necessary for proper, efficient and effective performance functions Service. Appointment Acting Director Appointment ficers (2) A Law Officer so appointed shall exercise powers Director and perform functions Service under general superintendence, direction and control Director. Guiding principles ( a) need to do justice; (b) need to prevent abuse legal process; and (c) public interest.

7 8 No. 27 National Prosecutions Service 2008 Control prosecutions Cap. 20 Cap. II (b) Control Criminal Proceedings 9.-( 1) Notwithstanding provisions any or law, functions Director shall be to- (a) decide to prosecute or not to prosecute in relation to an fence; (b) institute, conduct and control prosecutions for any fence or than a court martial; (c) take over and continue prosecution any criminal case instituted by anor person or authority; (d) discontinue at any stage before judgement is delivered any criminal proceeding brought to court by anor person or authority; and (e) direct police and or investigative organs to investigate any information a criminal nature and to report expeditiously. (2) The functions referred to in sub-section (1) shall include institution and conducting summary proceedings, committal proceedings or a preliminary hearing under Criminal Procedure Act, Magistrates' Courts Act or any or law relating to criminal proceedings. (3) Nothing in this section shall prevent Director to take over and continue proceedings in name person or authority that instituted those proceedings. (4) The Police Officer or Officer any or investigativc organ in-charge any area or authority to be specified by Director shall, in respect fences alleged to have been committed within that area, report to Director any- (a) fence punishable with death; (b) fence in respect which a prosecution is by law required to be instituted with consent Director; (c) case in which a request for information is made by Director; (d) case in which it appears to such Police Officer or Officer any or investigative organ that advice or assistance Director is desirable; or (e) or fence specified by Director to be an fence in respect which a report under this section is necessary. (5) The term "area" or "authority" as used in subsection (4) means and includes a geographical jurisdiction a police post, station, district,

8 No. 27 National Prosecutions Service region or zone, a corresponding fice any or investigative organ or a person to whom a command or a directive may be issued as case may be. 10.-(1) Notwithstanding provisions any or law relating to appeals, revisions or application, it shall be function Director to- (a) institute, conduct and defend criminal proceedings in courts law; and Appeals, revision and applica~ tions (b) take over an appeal, revision or application arising from private prosecution, wher as appellant, applicant or respondent and where Director takes over appeal as appellant or applicant, he may continue or orwise withdraw appeal. (2) Where Director takes over an appeal, revision or application pursuant to subsection (1 )(b) and subsequently decides to withdraw appeal, revision or application, he shall give reasons for decision and inform appellant or applicant as case may be. (3) For avoidance doubt, functions specified in this section may also be performed by a State Attorney or a public prosecutor in accordance with provisions this Act. 11. The Service, in accordance with provisions Extradition Act, Mutual Assistance in Criminal Matters Act, Proceeds Crimes Act, and any or written law shall take necessary steps to secure- (a) extradition any person required to answer a charge an fence; (b) facilitate mutual assistance in criminal matters; (c) perform any or function related to facilitation prosecution or any or criminal matter. Assistance in Criminal matters Caps. No (c) Related Functions 12. Where Service conducts proceedings under any or law in force and as a result proceedings a person becomes liable to pay an amount to Government or property is forfeited to Government Payment and forfeiture to Govemment

9 10 No. 27 National Prosecutions Service 2008 Cap. 254 Assistance to ficers or jurisdictions under a court order, Director shall take any furr proceedings or step that may be required to recover amount or enforce forfeiture or order. 13.-(1) It shall be function Service to provide assistance in Mainland Tanzania in respect a corresponding function a corresponding Public Officer from or governments provided that applicable law or procedures are complied with. (2) In sub-section (I) this section- "corresponding function" means a function similar to a function Director; "corresponding public ficer" means a public ficer having corresponding functions in anor jurisdiction. Inquests Cap. 24 Related functions 14. The Director may participate in proceedings under Inquest Act, where he is opinion that such participation is relevant to function Service and is justified by circumstances case. 15. It shall be a function Service to- (a) institute, intervene and conduct proceedings that are connected with or arise out a function Service; or (b) do anything that is incidental or necessary to perfonnance functions Service. (d) Coordination Investigation Powers.he Director 16.-(1) Notwithstanding provisions any or law in force for time being, Director shall have powers to do all things that are necessary to be done for purpose performing functions Service including coordination criminal investigations. (2) In exercise powers, Director may require any authority mandated with investigative functions to investigate any criminal allegations that have come to Director's knowledge and furnish him with a report on result such investigations and that Director shall have power to order that investigation be conducted by an investigative organ named in order.

10 No. 27 National Prosecutions Service (3) Without prejudice to or provisions this Act or any or law, Director may order that a State Attorney coordinate an investigation a crime and every investigating ficer shall comply with that order. (4) The Director shall regularly visit places where inmates are kept such as Prisons, Police Cells and Remand Homes for purposes connected to administration criminal justice. 17.-( I) Without prejudice to provisions any or law, Director may, in accordance with sub-section (2), issue a directive in writing to any ficial as defined in subsection (5) this section, for purposes obtaining information relevant to investigation or prosecution an fence. Director may require information (2) Where Director has instituted or taken over, or is considering wher to bring or take over a prosecution, appeal, revision or any or proceedings in relation to an fence or suspected fence, a directive may be issued for- (a) any specified information, document material or any or relevant information to be furnished to Director; or (b) provision assistance, including carrying out an investigation or furr investigation a matter, in relation to fence or suspected fence. (3) An ficial to whom a directive is issued under this section shall comply with it and always keep Director informed progress made in complying with directive. (4) An ficial who wilfully refuses or neglects to comply with directives issued under this section commits an fence and Director may cause disciplinary measures to be taken against such ficial by his employer. (5) Notwithstanding subsection (4), where fence has caused or is capable causing infringement basic human rights to any person or loss to government, ficial shall be liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months or to both.

11 12 No. 27 National Prosecutions Service 2008 (6) For purpose this section- "document" includes data recorded or stored mechanically, photographically or electronically and any tape, disc or or device or medium on which it is recorded or stored; "ficial" means- (a) a member Police Force, Prisons Service or Prevention and Combating Corruption Bureau, or a public ficer employed in any or Department or Agency Government; or (b) a person employed by an authority or corporation established under any law and authorized by or under law to investigate or to make a complaint in relation to an fence against any law in force. Director may issue orders. guidelines, instructions 18.-(1) The Director may, subject to provisions this Act, from time to time, issue orders, guidelines or instroctions for observance all ficers in Service in execution ir functions in relation to service. (2) The Director may issue directions in writing to an ficial referred to in section 17(1) this Act to effect that- (a) a prosecution for a specified fence or class fences shall not be brought by that ficial; and (b) all matters relating to any such fence shall be referred to Director and any directives so issued shall be complied with. (3) Notwithstanding provision sub-section (2), Director may direct that proceedings be brought in respect an fence referred to in that sub-section. PART III TENURE, REMOVAL AND RETIREMENT OF THE DIRECTOR Tenure fice Director 19.-{1) The Director Public Prosecutions shall have terms and conditions service as those a High Court judge.

12 No. 27 National Prosecutions Service (2) A person shall not be qualified to be appointed Director Public Prosecutions unless that person is qualified to be appointed a Judge High Court. (3) The Director shall not be removed from Office except for and on reason - (a) inability to perform his functions for reasons illness or any or reason; or (b) a conduct inconsistent with Code Ethics and Pressional Conduct for Law Officers, State Attorneys and Legal Officers in Public Service provided for in Office Attorney General (Discharge Duties) Act, 2005 or or law concerning ethics public ficials. (4) Where President, acting on advice Attorney General, considers that question removal Director from fice needs to be investigated, n President shall appoint a Special Tribunal. (5) The Tribunal shall consist a Chairman and two or persons nominated on advice Attorney General from amongst persons who hold or have held fice or could have qualified to be appointed a Judge a High Court or a Court Appeal. (6) The Tribunal shall investigate matter and recommend to President on wher Director be removed or not. (7) Where Tribunal recommends for removal Director, n President shall remove Director. (8) In carrying out its functions, Tribunal shall have regard to rules natural justice, constitutional safeguards and need to uphold integrity public service. 20. The Director shall retire from fice upon attaining age compulsory retirement with retirement benefits which are smilar to those a Judge High Court. 21. The Director may resign from fice by tendering a letter resignation signed by him to President. Retirement from fice Resignation

13 14 No. 27 National Prosecutions Service 2008 PART IV ADMINISTRATIVE PROVISIONS 22.-{ I) The Director may appoint a person to be a public prosecutor from or departments Government, local government authority or private practice to prosecute a specified case or cases on his behalf. (2) A person appointed as public prosecutor shall be required to comply with directives, instructions and guidelines issued by Director. (3) Every public prosecutor shal1 be under superintendence and control Director, Law Officer or a State Attorney in charge zone, region, district or any or geographical division within which any such public prosecutor is situated in respect all prosecution matters and shall be required to submit periodic returns to Director, Law Officer or respective State Attorney. Power to appoint public prosecutors Delegation powers 23.-{ I) The Director may by instrument delegate to a member Service or a public prosecutor any Director's powers and functions or than his power delegation. (2) Any power or function delegated under this section, when exercised or performed by a delegatee, shall be deemed to have been exercised or performed by Director. (3) A delegation under this section shall not prevent exercise such power or performance such function by Director. Coordination investigation crimes Inspection prosecution fices 24.-{ I) The Director shall coordinate investigation crimes. (2) The Director in consultation with investigative organs shall develop guidelines to facilitate effective participation Director in investigative process. 25.-{ I) The Attorney General shall appoint a team inspectors comprising persons with experience in prosecution and investigation matters.

14 No. 27 National Prosecutions Service (2) The team shall visit and inspect any specified public prosecution fice, zonal, regional or district in which Service has fice as Attorney General may instruct and shall- (a) inspect available facilities and records to satisfy itself that y are being kept and utilised in accordance with applicable guidelines or instructions; (b) assess public perception on perfonnance Service in terms care rendered to victim and witoess, handling complaints and its community links; (c) make recommendations aimed at enhancing efficiency and effectiveness Service; and (d) report on any tnatter connected with Service which Attorney General has referred to team. (3) At conclusion every visit inspection team shall prepare a report and submit it to Attorney General and a copy to Director. PART V GENERAL PROVISIONS 26. All person acting in judicial capacity shall be required to take judicial notice - (a) ficial signature a person who is or has been Director, or a personal acting or has acted on that behalf on any document tendered before court; and (b) fact that a person is or was Director, or act or acted on that behalf as case may be. 27.-(1) There is established a National Criminal Justice Forum whose role shall be to create an opportunity for actors in criminal justice to meet and discuss strategic issues involved in administration criminal justice. Judicial notice National Criminal Justice Forum (2) The Forum shall consist members appointed by Minister as follows-

15 16 No. 27 National Prosecutions Service 2008 (a) Director who shall be Chairman; (b) Director Criminal Investigation who shall be Secretary; (c) Registrar High Court; (d) Director General Tanzania Intelligence and Security Service; (e) Director Operations Prevention and Combating Corruption Bureau; (1) Commissioner FinanciallntelIigence Unit; (g) Principal Commissioner Prisons; (h) National Coordinator Community Service; (i) Chainnan National Parole Board; 0) Commissioner Social Welfare; (k) Director Legal Services in Ministry responsible for Local Governments; (I) Director Immigration Services; (m) Chief Government Chemist; (n) two legal experts one from an association public universities and anor from an association private universities; (0) two representatives civil society organisations dealing with human rights recommended by umbrella nongovernmental organization; and (p) two senior practising advocates recommended by Tanganyika Law Society.. (3) The Forum may co-opt any or person as it deems necessary. (4) The Forum shall meet at least twice a year but may meet at any time if re is any issue to discuss for purpose improving administration criminal justice. (5) The quorum at any meeting Forum shall be half members. (6) The Forum may regulate its own proceedings. (7) The Forum shall prepare a report on its deliberation and submit to Deputy Attorney General who shall work on recommendations and give any direction as he deems fit or take action with respect to scrutiny and implentation.

16 No. 27 National Prosecutions Service { I) The Minister may make regulations as may be necessary for better carrying out provisions this Act. (2) Without prejudice to subsection (I), Minister may, after consultation with Attorney General, make regulations providing for- (a) administration Service; and (b) such or matter as mayor are required to be prescribed under this Act or as may be necessary for expedient and effective exercise such powers and performance functions by Service. 29.-{ I) The application this Act, shall extend to fences committed, prosecutions commenced, appeals or revisions preferred in courts law before date coming into operation this Act. Powers to make Regulations Transitional and savings (2) Upon coming into operation this Act- (a) Service shall gradually take over from Government departments or authorities conduct criminal proceedings instituted before commencement this Act; (b) all acts, matters and things lawfully made or done by or on behalf or in name Republic in relation to criminal proceedings shall be deemed to have been made or done by or on behalf or in name Director; (c) all documents served on or by or on behalf or in name any or person in connection with criminal proceedings shall be deemed to have been served on or by or on behalf Director; and (d) all appointments public prosecutors under Criminal Procedure Act, shall be treated as if y were made under this Act unless any such appointment is revoked by Director. Cap. 20 (3) Notwithstanding provisions sub-sections (I) and (2), powers any authority, sanction or consent given before date

17 18 No. 27. National Prosecutions Service 2008 coming into operation this Act by Attorney General, Director, or any or person so empowered to commence proceedings in relation to an fence under any written law shall not abate or be orwise affected. Construction Criminal Procedure Act Cap. 20 PART VI CONSEQUENTIAL AMENDEMENTS 30. The laws specified under this Part are amended in manner specified rein. 31. The Criminal Procedure Act is amended- (a) in section 2 which relates to interpretation by deleting definition "Public Prosecutor" and substituting for it following- "public prosecutor" means any person appointed under section 22(1) National Prosecutions Service Act, 2008 and includes Director Public Prosecutions, Attorney General, Deputy Attorney General, a Parliamentary Draftsman, a State Attorney and any or person acting in criminal proceedings under directions Director Public Prosecutions; (b) by repealing section 95 principal Act; (c) by repealing section 96 principal Act; (d) by repealing section 89 principal Act; (e) by repealing section 90 principal Act; (I) in section 201 by inserting phrase "or a person acting under his instruction" appearing in third line between words "prosecution" and "when" and delete phrase "when appearing as an advocate"; (g) in subsection (I) section 379 by- (i) (ii) adding immediately after word "Prosecutions" appearing at end opening words that subsection phrase "or a person acting under his instructions"; inserting between word "appea1"and punctuation ";"appearing in paragraph (a) phrase "and notice appeal shall institute appeal".

18 No. 27 National Prosecutions Service The Bankruptcy Act is amended in section 148 by deleting marginal note" Attorney General to act in certain cases" and substituting for it new marginal note "The Director Public Prosecutions to act in certain cases". "(3) Where Director General is opinion that an fence has been committed or is about to be committed under this Act, he shall commence investigation, in relation to that fence and on completion such an investigation submit report to Director Public Prosecutions." (b) section 74 by deleting phrase "and all crintina1 proceedings under section 72". 34. The Marine Park Reserves Act is amended by repealing section The Excise (Management and Tarifl) Act is amended by repealing section The Merchant Shipping Act is amended by repealing section The Economic and Organised Crimes Control Act is amended by repealing section The National Social Security Fund Act is amended in- (a) sub-section (3) section 72 by deleting that subsection and substituting for it following- Bankruptcy Act Cap. 25 National Social Security Fund Act Cap. 50 Marine Park Reserves Act Cap. 146 Excise (Management and Tariff) Act Cap. 147 Merchant Shipping Act.Cap. 165 Economic and Organised Crimes Control Act.Cap. 200

19 20 No. 27 National Prosecutions Service 2008 Companies Act Cap. 212 Beekeeping Act Cap The Companies Act is amended in section 137 by deleting all reference to "Attorney Geneml" appearing in sub-section (1), (2) and in pamgmph (a) subsection (3) and substituting for it reference "Director Public Prosecutions". 39. The Beekeeping Act is amended by repealing section 48. Dairy Industry Act.Cap. 262 National Parks Act.Cap. 282 Wildlife Conservation Act Cap. 283 Ngoroogara Conservation Act Cap. 284 Factories Act.Cap The Dairy Industry Act is amended by repealing section The National Parks Act is amended by repea1ing section The Wildlife Conservation Act is amended by repealing section The Ngorongoro Conservation Act is amended by repealing section The Factories Act is amended by repealing section 70.

20 No. 27 National Prosecutions Service The Forest Act is amended by repelling section The ~come Tax Act is amended by repealing section The Public Health (Sewerage and Drainage) Act is amended- (a) in marginal notes, by deleting that marginal note and substituting for it with following "Recovery proceedings"; (b) by deleting phrases "or prosecute for any contravention any fence against" appearing in second and third lines that section and phrase "if contravention, fence" appearing in third and fourth lines respectively. 48. The Public Service Retirement Benefits Act is amended in section 20(3)(b) by deleting word "and" and tbe punctuation mark, ";" appearing at end that paragraph and adding following designation, and phrase "and Director Public Prosecutions". 49. The Parastatal Organisation Pensions Scheme Act is amended by deleting phrase "and all criminal proceeding under section 45" which appears in section The National Health Insurance Fund Act is amended in sub-section (2) section 43 by deleting that subsection and substituting for it following:- Forest Act,Cap. 323 Income Tax Act Cap. 332 tbe Public Health (Sewerage and Drainage) Act Cap.336 Public Service Retirement Benefits Act Cap. 371 thc Parastatal Organisation Pensions Scheme Act Cap. 372 National Healtb Insurance Fund Act Cap. 395

21 22 No. 27 National Prosecutions Service 2008 "(2) Where Director General is opinion that an fence has been committed or is about to be committed under this Act, shall commence investigation, and on completion such an investigation submit report to Director Public Prosecutions." he Customs (Management and TarifO Act Cap. 403 Local Authorities Pensions Fund Act.Cap The Customs (Management and Tariff) Act is amended by repealing section The Local Authorities Pensions Fund Act is amended in section 47 by deleting subsection (3) and substituting for it following: "(3) The Director General shall commence investigation for an fence where he believes or he is opinion that an fence against this Act has been committed or is about to be committed and shall on completion investigation submit report to Director Public Prosecutions. " Passed in National Assembly on 30 th