CHAPTER 18
THE WITCHCRAFT ACT
[PRINCIPAL LEGISLATION]
Arrangements of Sections
Section Title
Interpretation.
1. Short title.
2.
3. Offence relating to possession, supply and use of instruments of witchcraft, etc.
4. Accusation of witchcraft.
5. Penalty.
6. Abetting and attempts.
7. Employing or soliciting use of witchcraft or instruments of witchcraft.
8. District Commissioners may order persons practicing witchcraft to
reside in certain places.
9. Penalties incurred under other laws not excluded.
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©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. CHAPTER 18
THE WITCHCRAFT ACT
An Act to provide for the punishment of witchcraft and of certain acts
connected therewith.
[28th December, 1928]
Ords. Nos.
33 of 1928
25 of 1935
45 of 1956
Acts Nos.
12 of 1998
3 of 2009
3 of 2011
Short title
1. This Act may be cited as the Witchcraft Act.
Interpretation
Ord. No.
45 of 1956 s. 2
Cap. 11
2. In this Act unless the context otherwise requires-
“court” includes a local court as defined in the Magistrates
Courts Act;
“instrument of witchcraft” means anything which is used or
intended to be used or is commonly used, or which is
represented or generally believed to possess the power, to
prevent or delay any person from doing any act which he
may lawfully do, or to compel any person to do any act
which he may lawfully refrain from doing, or to discover
the person guilty of any alleged crime or other act of which
complaint is made, or to cause death, injury or disease
to any person or damage to any property, or to put any
person in fear, or by supernatural means to produce any
natural phenomena, and includes charms and medicines
commonly used for any of the purposes aforesaid;
“police force” means the Tanzania Police Force;
“public officer” means any employee of Government or of a
local government authority; and
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©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE WITCHCRAFT ACT
[CAP. 18 R.E. 2023]
Offence relating
to possession,
supply and use
of instruments of
witchcraft, etc.
Ord. No.
45 of 1956 s. 3
Cap. 458
“witchcraft” includes sorcery, enchantment, bewitching, the
use of instrument of witchcraft, the purported exercise
of any occult power and the purported possession of any
occult knowledge.
3. A person who-
(a) by his statements or actions represents himself to have
the power of witchcraft;
(b) makes, uses, has in his possession or represents himself
to possess any instruments of witchcraft;
(c) supplies to any other person any as to the instrument of
witchcraft;
(d) advises any other person upon the use of witchcraft or
any instrument of witchcraft; or
(e) threatens to use or resorts to the use of witchcraft or any
instrument of witchcraft upon or against any person or
property,
commits an offence under this Act.
Accusation of
witchcraft
Ord. No.
45 of 1956 s. 4
4. A person, otherwise than in the course of communicating
information to or obtaining advice from a court, a member of
the police force, a local government authority or any public
officer-
(a) whether with or without any of the intents mentioned
in subsection (1) of section 5, names or indicates any
person as being a witch or wizard by imputing to him
the use of witchcraft or any instrument of witchcraft
with intent to cause injury or misfortune to any person
or class of persons or to cause damage to any property; or
(b) with any of the intents mentioned in subsection (1)
of section 5, names or indicates any person as being a
witch or wizard,
commits an offence under this Act.
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©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE WITCHCRAFT ACT
[CAP. 18 R.E. 2023]
Penalty
Ord. No.
25 of 1935 s. 2
Acts Nos.
12 of 1998 Sch.
3 of 2009 s. 35
GNs. Nos.
149 of 1961
236 of 1961
5.–(1) A person who commits an offence under this Act
with intent to cause death, disease, injury, or misfortune to
any community, class of persons, person, or animal, or to
cause injury to any property on conviction shall be liable to
imprisonment of not less than seven years.
(2) A person who commits an offence under this Act
without any intent such as is described in subsection (1) shall
on conviction be liable to a fine of not less than one hundred
thousand shillings or imprisonment of not less than five years.
Abetting and
attempts
6. A person who abets or attempts to commit an offence under
this Act commits such an offence.
Employing or
soliciting use
of witchcraft or
instruments of
witchcraft
Ord. No.
45 of1956 s. 5
District
Commissioners
may order
persons
practicing
witchcraft to
reside in certain
places
Act No.
3 of 2011 s. 13
7. A person who employs or solicits any other person to resort
to the use of witchcraft or any instrument of witchcraft for any
purpose whatsoever commits an offence.
8.–(1) Where it is reported to the District Commissioner that
a person is suspected of practicing witchcraft, and the District
Commissioner, after due inquiry, is satisfied that the person
so suspected causes or is likely to cause fear, annoyance or
injury in mind, person or property to any other person by
means of pretended witchcraft or is practicing witchcraft for
gain or reward, he may, for reasons to be recorded, order the
person so suspected to reside in any specified locality within
his district until such order is varied or revoked, and further
or in the alternative may order such person to report to the
District Commissioner or to a local authority at such intervals
not being less than seven days as he shall direct until such
order is varied or revoked.
(2) An order made under this section shall with the reasons
therefore be forthwith reported by the District Commissioner
to the Regional Commissioner of his Region.
(3) Every report made under subsection (2) shall be
accompanied by a record of the inquiry.
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[CAP. 18 R.E. 2023]
(4) The Regional Commissioner may suspend, reverse or
vary any order made under subsection (1) and shall report
such order and the action taken thereon to the President,
and any such order of the District Commissioner or Regional
Commissioner may at any time be disallowed or varied by the
President.
(5) The power of a Regional Commissioner to vary an
order under this section shall include a power to direct that
the person in regard to whom the order is made reside in any
specified locality within the Region and shall report, at such
intervals as aforesaid, to any District Commissioner or local
authority in such locality.
(6) The power of the President to vary an order under
this section shall include a power to direct that the person
in regard to whom the order is made reside in any specified
locality in Tanzania and report at such intervals as aforesaid to
any District Commissioner or local authority in such locality.
(7) A person who without lawful excuse refuses or neglects
to obey an order lawfully made under this section is liable to
a fine not exceeding one million shillings or to imprisonment
for a term not exceeding two years.
Penalties incurred
under other laws
not excluded
9. This Act shall not affect the liability of any person to any
penalty which he may incur under any other law, provided that
no person shall be punished twice for the same act.
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