Tanzania Act or statute

Parliament of Tanzania

The Prevention and Combating of Corruption Act, 2007

accounts and recordsAnti-corruptionanti-corruption complianceanti-corruption enforcementappointmentsasset disclosureasset forfeitureasset freezingasset transferauction biddingauctionsAnti-corruptionbudget estimatesbusiness transactionscomplaints handlingcompliancecompliance terminologyconfiscationcontractscooperationAnti-corruptioncorruption investigationcorruption offencescorruption preventioncorruption proceedscourt procedurecourt proceedingscriminal assistancecriminal liabilitycriminal proceedingscross-border cooperationdefinitionsdocument falsificationEmployment lawemployment-related briberyestimatesevidenceevidence and procedureevidence requestsfraudgovernancegovernment institutionshearing rightsidentity cardsinformation gatheringinformation sharingAnti-corruptioninvestigation supportinvestigationslaw enforcement cooperationlegislation commencementliabilitylitigationmisappropriationmisrepresentationmisuse of positionmoney launderingnotice requirementsoffencesofficial assistanceorganizational structurepenaltiesprivate contractsprocurement compliancepropertyprosecutionprosecution consentpublic contractingpublic contractspublic integritypublic officialspublic procurementpublic prosecutionpublic sector conductrecords productionregulatory complianceregulatory oversightrepealreportingsearch and seizureseizure of propertystaffingsubcontractstenderingtitle registrationvaluation in offence proceedingswhistleblowing

Jurisdiction: Tanzania
Structure: 69 provisions
Citation: The Prevention and Combating of Corruption Act, 2007
Dates: Undated source snapshot

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Purpose and legislative effect

“This provision is titled “Objective of the Act,” but the provided text does not state any rule or requirement.”

This provision is titled “Objective of the Act,” but the provided text does not state any rule or requirement. This section concerns the institution of criminal proceedings. 11. Identification and request for assistance. This section is titled “Malicious arrest, prosecution, seizure and exercise of powers.” Section 14 is titled “Report of activities” and sits in Part III on corruption and related offences.

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Objective o f the Act

This provision is titled “Objective of the Act,” but the provided text does not state any rule or requirement.

Section 4

Cooperation with private sector

This provision is titled “Cooperation with private sector.”

Section 46

(l) The Director-General shall issue to a member o f the Bureau

The Director-General must issue identity cards to Bureau members, and Bureau members must produce their identity cards on demand. An investigating Bureau officer may request assistance from a public official while exercising powers or duties under the Act.

Section 11

Any person who conspires with another person to commit an

A person who conspires with another person to commit an offence under this Act commits a like offence and may be fined up to five million shillings, imprisoned for up to three years, or both.

Section 32

Section 60

This section repeals the Prevention of Corruption Act.

Section 60

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Showing 69 of 69 provisions

Offence 34Provision 28Short title 2Commencement 2

§ 4Objective o f the ActProvision

This provision is titled “Objective of the Act,” but the provided text does not state any rule or requirement.

4. Objective o f the Act. PART II E s t a b l is i im e n t o f ti iiz B u r l a u

Section 4Verify source

Part

PART II

§ 9Institution o f criminal proceedingsProvision

This section concerns the institution of criminal proceedings.

9. Institution o f criminal proceedings.

Section 9Verify source

§ 11Identification and request for assistanceProvision

11. Identification and request for assistance.

Section 11Verify source

§ 13Malicious arrest, prosecution, seizure and exercise o f powersProvision

This section is titled “Malicious arrest, prosecution, seizure and exercise of powers.”

13. Malicious arrest, prosecution, seizure and exercise o f powers.

Section 13Verify source

§ 14Report o f activitiesOffence

Section 14 is titled “Report of activities” and sits in Part III on corruption and related offences.

14. Report o f activities. PART III C o r r u p t i o n a n d R e l a t e d O f f e n c e s

Section 14Verify source

§ 5(l) There is hereby established the Bureau to be known as theProvision

This section establishes the Prevention and Combating of Corruption Bureau and says it is an independent public body.

5.-(l) There is hereby established the Bureau to be known as the Prevention and Combating o f Corruption Bureau. (2) The Bureau shall be an independent public body.

Section 5Verify source

§ 6{ l) The Bureau shall consist o f the Director-General, DeputyProvision

The Bureau must include the Director-General and Deputy Director-General, and it must employ enough staff to carry out its functions efficiently.

6.-{ l) The Bureau shall consist o f the Director-General, Deputy D irector-General, and such other officers as may be necessary for efficient and effective carrying out o f the functiors o f the Bureau. 218 No. 11 Prevention and Combating o f Corruption 2007 (2) The Director-General and Deputy Director-General shall be appointed by the President. (3) The Bureau shall em ploy such num ber o f staff as may be necessary for efficient performance o f the functions o f the Bureau.

Section 6Verify source

§ 7F u n c t i o n s o f the B u r e a u s h a l l be to take necessary m e a s u r e s forOffence

The Bureau must take measures to prevent and combat corruption, including advising organisations, building public support, cooperating with international bodies, and investigating or prosecuting corruption-related offences.

7 . F u n c t i o n s o f the B u r e a u s h a l l be to take necessary m e a s u r e s for the prevention and combating o f corruption in the public, parastatal and 'private sectors and in that regard, the Bureau shall- Fundtions o f the Bureau (a) examine and advise the practices and procedures o f public, parastatal and private organisations, in order to facilitate the detection o f corruption or prevent corruption and secure the revision o f methods o f work or procedure which appear to add to the efficiency and transparency o f the institution concerned; (b) enlist and foster public supp ort in com b atin g corrupt practices; (c) advise public, private and parastatal bodies on ways and means o f preventing corrupt practices, and on changes in methods o f work or procedures o f such public, private and parastatal bodies compatible with the effective performance o f t h e i r d u t i e s , w h i c h t h e B u r e a u c o n s i d e r s n e c e s s a r y t o reduce the incidences o f corrupt practices; (d) cooperate and collaborate with international institutions, agencies or organisations in the fight against corruption; (e) investigate and, subject to the directions o f the Director o f Public Prosecutions, prosecute offences under this Act and other offences involving corruption; and (0 investigate any alleged or suspected - (i) offence under this Act; (ii) conspiracy to commit an offence under this Act; (iii) conduct o f a public official which is connected to corruption.

Section 7Verify source

§ 8(1) The Director-General shall have and exercise powers asOffence

The Director-General and authorised officers have investigation powers, including search, seizure, and access to records, and a receipt must be issued when property is seized.

8.—(1) The Director-General shall have and exercise powers as stipulated under this Act. : Pow er o f the Director- (2) A person authorised by the Director-General to perform functions General under this Act shall have and exercise the powers- (a) o f the Director-General; 219 No. 11 Prevention and Combating o f Corruption 2007 C a p .322 (b) o f a police officer o f or above the rank o f A ssistant Superintendent o f Police and the provisions o f the Police Force and Auxiliary Services Act conferring upon police officers, powers necejsary or expedient for the prevention, combating and investigation o f offence; and (c) to arrest, enter premises, search, detain suspects and seize property where there is a reasonable cause to believe that an offence involving corruption has been or is about to be committed by the suspect in the premises or in relation to the property. (3) Where any property is seized in pursuance o f the powers conferred in paragraph (b) o f subsection (1). the Director-General or a person authorised by him seizing the property shall issue a receipt acknowledging seizure o f that property, bearing the signature o f the owner or occupier o f the premises or his near relative or other person for the time being in possession or control o f the premises and the signatures o f witnesses to the search. (4) The Director-General or a pe.son authorized by him who, without reasonable ground for so doing, orders, authorizes or conducts search on a person, place, building, vessel, carriage or recepta.le, commits an offence and upon conviction shall be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both. (5) Where the Director-General is satisfied tliat- (a) an offence under this Act may have been committed by any person; and (b) any sh are ac c o u n t, p u rc h a s e a c c o u n t, club acco u n t, subscription account, investment account, trust account, mutual or trust fund account, expense account, bank account or other account of whatsoever kind or subscription any b a n k e r ’s book s, c o m p a n y b o o k s, d o c u m e n ts or any information from any other source, other article o f or relating to any person named or otherwise identified in writing by the Director-General are likely to be relevant for the purpose o f investigation o f such offence, he may, for that purpose, authorise in writing an officer o f the Bureau to- (i) investigate and inspect such account, book or documents or other articles o f or relating to the person named or otherwise identified by the Director-General; 220 No. 11 Prevention and Combating o f Corruption 2007 (ii) require from any person the production o f such accounts, books, documents or other articles o f or relating to the person named or otherwise identified by ihe Director- G e n e ra l as is re q u ir e d for th e p u rp o s e o f su ch investigation and the disclosure o f all or any information relating thereto; and (iii) take copies o f such account, books or documents or, o f any relevant entry therein and photographs o f any other article. (6) Any person who fails to produce a bank account or any other information from other sources referred to in subsection (2) or to permit the officer or authorized person to scrutinize or to take copies o f any relevant entry, commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 8Verify source

§ 9( 1) The Director-General or a person authorized by him who seizesProvision

If the Director-General or an authorised person seizes property, they must start criminal proceedings within six months, or seek an extension from the Director of Public Prosecutions if continued detention is justified.

9.-( 1) The Director-General or a person authorized by him who seizes any property in pursuance o f the powers conferred under this Act shall institute criminal proceedings against the owner o f that property within six months from the date o f seizure. Institu tion o f criminal p roc ee d ings (2) The Director-General or a person authorized by him who fails to institute criminal proceedings as provided for under subsection ( 1) shall, where there is a reasonable cause to continue with the detention o f that properly, apply to the Director o f Public Prosecutions for an extension o f time stating reasons for continued detention for a period not exceeding six months from the date o f expiry o f the initial six months. (3) The Director-General or a person authorised by him who fails to institute crim inal p roceed ing s within the period sp ecified under subsection ( 1) or (2) shall be required to return the seized property to the person from whom it was seized. (4) The provisions o f the Specified Officers (Recovery o f Debts) Act shall apply to any officer who causes the Government to incur loss, costs or dam ages as a result o f failure to discharge his duties in a reasonable manner. Cap. 76 (5) The powers conferred on the Director-General shall include the power to require information f o m , and to procure attendance o f any person for t h ; purpose o f answering among others, questions of- (a) any person, or an employee o f a person, who has acted for or is acting for any party to any particular land or property transaction; and 221 No. 11 Prevention cmd Combating o f Corruption 2007 Special powers of investiga tion (b) any person or an employee o f a person, who was concerned in the passing o f any consideration, brokerage, commission or fee, or in the clearing or collection o f any cheque or other instrument o f exchange, in respect o f any particular land or property transaction, as to any o f the following matters, that is to say- (i) the full names, including aiiases, and addresses o f any o f the persons referred to in paragraphs (a) and (b) and any other information in his possession which may be helpful in identifying or locating any such person; (ii) any consideration, brokerage, commission or fee paid or received in respect o f or in connection with any such land or property transactions; and (iii) the terms and conditions o f any such land or property transaction.

Section 9Verify source

§ 10(1) An officer o f the Bureau investigating an offence under thisCommencement

An investigating Bureau officer may compel attendance, document production, or a sworn statement; the Director-General may take over a corruption prosecution subject to the Director of Public Prosecutions’ direction; and knowingly making false reports or misleading an investigator is an offence.

10.-(1) An officer o f the Bureau investigating an offence under this Act may- (a) order any person to attend before him for the purpose o f being interviewed orally or in writing in relation to any matter which may assist investigation o f the offence; (b) order any person to produce any book, document or any certified copy thereof, and any article which may assist the investigation o f the offence; or (c) by written notice, require any person to furnish a statement on oath or affirmation setting out such information which may be o f assistance in the investigation o f the offence. (2) Subject to the direction o f the Director o f Public Prosecutions, the Director-General may assume prosecution commenced by the police or any other law enforcement agency for an offence involving corruption. (3) Any person who, in the course o f investigation of, or in any proceedings relating to an offence alleged or suspected to have been committed under this Act, knowingly- (a) makes or cause to be made a false report o f the com m ission o f an offence to any investigating officer; or (b) misleaJs any investigating officer, commits an offence and shall be liable on conviction to a fine o f not less than one hundred thousand shillings but not more than two m illion .shillings or to imprisonment for a term of one y e a r o r t o b o t h . 222 No. 11 Prevention and Combating o f Corruption 2007

Section 10Verify source

§ 11(l) The Director-General shall issue to a member o f the BureauOffence

11.-(l) The Director-General shall issue to a member o f the Bureau an identity card which shall be prim a fa c ie evidence o f appointment as a member o f the Bureau. Identifica tion and request for assis tance (2) Every member o f the Bureau, shall on demand, produce his identity card to the person demanding that identity card. (3) Any officer o f the Bureau conducting investigations into an offence alleged or suspected to have been committed under this Act or any other law relating to corruption may request any public official for assistance in the reasonable exercise o f his powers or the discharge o f his duties under this Act.

Section 11Verify source

§ 12(1) The Director-General may, by writing, authorize any officerOffence

The Director-General may authorize an officer in writing to search a person or certain places/vehicles if there is reasonable suspicion about corruptly or illicitly acquired property. Bureau officers who maliciously or without lawful cause misuse arrest, prosecution, seizure, or Bureau powers commit an offence and may face a fine, imprisonment, or both.

12.-(1) The Director-General may, by writing, authorize any officer to search any person, if it is reasonably suspected that such person is in possession o f property corruptly or illicitly acquired or to search any premises, vessel, boat, aircraft or other vehicle whatsoever in or upon which there is reasonable cause to believe that any property corruptly or illicitly acquired has been placed, deposited or concealed. Search warrant (2) The appropriate officer o f the Bureau authorized to make any search under this section m'ay make any search and, for the purpose o f so doing may enter, using any reasonable force and accompanied by such other persons as he seems necessary to assist him, into or upon any premises, vessel, boat, aircraft or any other vehicle whatsoever. 1 3 . - ( 1) Any person being an officer o f Bureau who maliciously or without lawful cause procures arrest prosecution, seizure o f property o f another person or the exercise o f powers vested in the Bureau by this Act against such person commits an offence. (2) Any person who contravenes subsection (1) shall on the conviction be liable to a fine not exceeding one million shillings or to imprisonment for the term not exceeding six months or to both. Malicious arrest. pro se cu tion. seizure and exercise of powers (3) The provisions o f subsection (2) shall not prejudice the provisions o f subsection (4) o f section 9 in relation to recovery by the Government o f loss, cost or damage suffered by reason o f an officer o f the Bureau. 223 i No. 12 Prevention and Combating o f Corruption 2007 Report o f activities

Section 12Verify source

§ 14The Bureau shall on or before 31s' March in every year, or byProvision

The Bureau must submit an annual report to the President by 31 March each year, unless the President allows a later date.

14. The Bureau shall on or before 31s' March in every year, or by such later date as the President may allow, submit to the President a report on its activities in the previous year. Currupt transac tions PART 111 C o r r u p t i o n a n d R e l a t e d O f f e n c e s

Section 14Verify source

Part

PART III

§ 16Corrupt transactions in contractsProvision

Section 16 is titled “Corrupt transactions in contracts.”

16. Corrupt transactions in contracts. 211 No. 11 Prevention and Combating o f Corruption 2007

Section 16Verify source

§ 17Corrupt transactions.in procurementProvision

This section is titled “Corrupt transactions in procurement” and also mentions “Corrupt transactions in auctions.”

17. Corrupt transactions.in procurement. 1 8. Corrupt transactions in auctions.

Section 17Verify source

§ 21Bribery o f foreign public officialProvision

Section 21 is titled “Bribery of foreign public official.”

21. Bribery o f foreign public official.

Section 21Verify source

§ 22Use o f documents intended to mislead principalProvision

This section concerns using documents intended to mislead the principal.

22. Use o f documents intended to mislead principal.

Section 22Verify source

§ 24Advantage received on behalf o f accusedProvision

This section is titled “Advantage received on behalf of accused.”

24. Advantage received on behalf o f accused.

Section 24Verify source

§ 26Public Officials to give accounts o f propertiesProvision

Public officials must give accounts of their properties.

26. Public Officials to give accounts o f properties.

Section 26Verify source

§ 27Possession o f unexplained propertyProvision

Section 27 is titled “Possession of unexplained property.”

27. Possession o f unexplained property.

Section 27Verify source

§ 34Transfer o f proceeds o f corruptionProvision

This section concerns the transfer of proceeds of corruption.

34. Transfer o f proceeds o f corruption.

Section 34Verify source

§ 39Duty to give informationProvision

Section 39 is titled “Duty to give information.”

39. Duty to give information. PART IV F o r f e i t u r e o f P r o c e e d s o f C o r r u p t i o n

Section 39Verify source

Part

PART IV

§ 40Forfeiture o f proceeds o f corruptionProvision

This section concerns forfeiture of proceeds of corruption.

40. Forfeiture o f proceeds o f corruption.

Section 40Verify source

§ 44Principal may recover secret giftsProvision

The principal may recover secret gifts.

44. Principal may recover secret gifts. PART V In s t i t u t i o n a l C o o p e r a t i o n

Section 44Verify source

§ 41(1) W here the D irector o f Public P rosecutions m akes anOffence

When the Director of Public Prosecutions applies for certain forfeiture or pecuniary orders, the Director must give notice, affected persons may take part in the hearing, and the court can require notice to additional people before the matter is decided.

41.-(1) W here the D irector o f Public P rosecutions m akes an application for a forfeiture order against property in respect o f a person's conviction o f corruption offence- (a) the Director o f Public Prosecutions shall give written notice o f the application to the person or to any other person he has reason to believe may have an interest in the property; 238 No. 11 Prevention and Combating o f Corruption 2007 (b) the person, and any other person who claims an interest in the property, may appear and adduce at the hearing o f the application; and (c) the court may, at any time before the final determination o f the application, direct the Director o f Public Prosecutions to give notice o f the application to a specified person or class o f persons in a manner and within such time as the court considers appropriate. (2) Where the Director o f Public Prosecutions makes an application for an order for pecuniary he shall give the person together whom the application is made a read notice about such application and that person shall have the right to appear and adduce evidence at the hearing o f the application -

Section 41Verify source

§ 42(1) Where the Director o f Public Prosecutions applies to a courtOffence

The court may order forfeiture of property linked to a corruption offence, and the Treasury Registrar must be registered as owner after a forfeiture order.

42.-(1) Where the Director o f Public Prosecutions applies to a court for a forfeiture order under section 43 against property in respect o f a person's conviction o f an c rfence ^nd the court is satisfied that the prop erty was obtained through corruption offence, the court may if it con siders it appropriate, order that the property or such o f the property as it may specify in the order, be forfeited to the United Republic. Forfei ture Orders (2) In granting an application forfeiture order, the court may give any directions necessary or convenient for giving effect to the order, including, without limiting the generality o f the foregoing, directions to an officer o f the court to do anything necessary and reasonable to ob- ta' l possession o f any document necessary for the transfer o f any prop erty subject to registration in the Registry o f Titles. 4 3 .-(l) Subject to subsection <2), where a court makes a forfeiture order against property, the property shall vest in the United Republic. (2) Where a forfeiture order is made against property subject to registration in the Registry o f Titles any rights in the property shall lie with the United Republic until the registration is effected. (3) T he T reasury Registrar shall be registered as ow ner o f any p roperty su b je ct to a forfeiture order and the M in ister shall do or authorize to be done anything necessary or convenient to-obtain the registration o f 239 Effects of forfei ture order No. 11 Prevention and Combating o f Corruption 2007 the Treasury Registrar as owner, including the execution o f an instrument required to be executed by a person transferring an interest in property o f that nature. Principal may recover secret gifts 4 4 .-(1) Where any advantage has, in contravention o f this Act, been given by any person to an agent, the principal may recover as a civil debt the amount or the money value from the agent and no conviction or acquittal o f the agent or o f that person in respect o f an offence under this Act shall operate as a bar to civil proceedings for the recovery o f such amount or money value. ■ ^ (2) Nothing in this section shall be deemed to prejudice or affect any right which any principal may have under any law in force to re cover from any person any money or property. PART V In s t i t u t i o n a l C o o p e r a t i o n C oopera- tion with

Section 42Verify source

Part

PART V

§ 45Cooperation with agencies and other authoritiesProvision

This section is about cooperation with agencies and other authorities.

45. Cooperation with agencies and other authorities.

Section 45Verify source

§ 46Cooperation with private sectorProvision

This provision is titled “Cooperation with private sector.”

46. Cooperation with private sector. PART VI F i n a n c i a l P r o v i s i o n s Funds of the Bureau.

Section 46Verify source

§ 45The Bureau shall establish and maintain a system o f collaboraOffence

The Bureau must work with law enforcement and other national authorities, and it may grant immunity, notify authorities, and provide information in certain cases.

45. The Bureau shall establish and maintain a system o f collabora t j on? consultation and cooperation with law enforcement agencies and nndoihcr authori- other national authorities within the United Republic engaged in investigation and prosecution and may, for that purpose- ties c o o p e r a - lion with private sector (a) grant immunity from prosecution to a person who provides cooperation in investigation or prosecution o f an offence under this Act; (b) inform the authorities, on their own initiatives, where there are reasonable grounds to believe that any o f the offences under this Act has been committed; and (c) upon request, provide to the authorities all necessary infor mation.

Section 45Verify source

§ 46T]ie Bureau shall establish and maintain, a system ofOffence

The Bureau must cooperate with the private sector on offences under the Act and encourage reporting of offences; the Director-General must keep audited accounts and records and prepare, submit, and forward budget estimates; the Minister must lay the report before the National Assembly.

46. T]ie Bureau shall establish and maintain, a system of- (a) cooperation with the private sector, and in particular, finan- cial institutions on matters relating to the commission o f offences under this Act; and (b) encouraging the private sector to report to the Bureau the commission o f an offence under this Act. 240 No. 11 Prevention and Combating o f Corruption 2007 PART VI F i n a n c i a l P r o v i s i o n s 4 7 .-(l) The funds and resources o f the Bureau shall consist o f the sums o f money as may be appropriated by Parliament, and shall be applied for purposes for which the Bureau is established. Funds o f the Bureau (2) The Director-General slialI keep proper audited accounts and other records relating to the funds and resources o f the Bureau. 4 8 .-(l) The Director-General shall v. ithin three months before the end o f each financial year, prepare and submit to the Minister for approval, estimates o f income and expenditure o f the Bureau for the next ensuing financial year. Estimates (2) Upon approval o f estimates, the Director-General shall forward the estimates to the Minister for approval. (3) The report on estimates on income and expenditure shall contain a report o f performance o f functions o f the Bureau for the year ending. (4) Upon leccipt o f the report, the Minister shall lay the report before the National Assembly during the Sessions immediately follow ing the date o f submission o f the report. PART VII G e n e r a l P r o v i s i o n s Valuation of property

Section 46Verify source

Part

PART VI

§ 48EstimatesProvision

Section heading: “Estimates.”

48. Estimates. 212 No. 11 Prevention and Combating o f Corruption 2007 P A R T VII G e n e r a l P r o v i s i o n s

Section 48Verify source

§ 52Protection o f witnesses, experts and victimsProvision

Section 52 is titled “Protection of witnesses, experts and victims.”

52. Protection o f witnesses, experts and victims.

Section 52Verify source

§ 53Defect in the appointment, nomination or electionProvision

This section is about defects in appointment, nomination, or election.

53. Defect in the appointment, nomination or election.

Section 53Verify source

§ 56Disclosure o f information without prior requestProvision

Section 56 concerns disclosure of information without a prior request.

56. Disclosure o f information without prior request.

Section 56Verify source

§ 57Sanction o f Director o f Public ProsecutionsProvision

Section 57 is titled “Sanction of Director of Public Prosecutions.”

57. Sanction o f Director o f Public Prosecutions.

Section 57Verify source

§ 60RepealShort title

This section is titled “Repeal,” but the excerpt does not identify what is repealed.

60. Repeal. 213 No. 11 Prevention and Combating o f Corruption 2007 THE UNITED RPUBLIC OF TANZANIA No. 11 OF 2007 t‘ PREAMBLE I A s s e n t , Ja k a y a M r is iio K ik w e te , President 11"’ June, 2007 W h e r e a s corruption is an obstacle to principles o f democracy, good governance and human rights and poses a threat to peace, tranquillity and security in the society; A n d W h e r e a s the Government has resolved to undertake protracted measures that would ensure that Tanzania remain a corruption free State adhering to the principles o f freedom, equality, justice, brotherhood, peace and wherein all people are equal and every person has a right to ownership and protection o f property acquired by lawi'ul means; A n d W h e r e a s tech n o lo g ica l changes ushered in by g lo b alizatio n and development }f science in communication and information technology has mad? it necessary to re-institute the Bureau, to devise modern tactics and strategies o f preventing and combating corruption, and to review the current legal framework for the purposes o f enabling the Bureau to effectively control corruption and corrupt practices; A n d W h e r e a s it .is necessary to make com prehensive provisions for the prevention, investigation and coir bating o f corruption and related offences and to ensure that the Bureau conducts its operations independently and performs its functions effectively; Now T h e r e f o r e , be it E n a c t e d by Parliament o f the United Republic ofT anzania as follows: 215 No. 11 Prevention and Combating o f Corruption 2007 Short title A p p l i c a tion o f t h e Act Interpreta tion PARTI P r e l i m i n a r y P r o v i s i o n s

Section 60Verify source

§ 1This Act may be cited as the Prevention and C om bating o fShort title

This section gives the Act its short title and lets the Minister set its commencement date by Gazette notice.

1. This Act may be cited as the Prevention and C om bating o f Corruption Act, 2007 and shall come into operation on such date as the Minister may, by notice in the G azette, appoint.

Section 1Verify source

§ 2( 1) This Act shall apply in Mainland TanzaniaOffence

This Act applies in Mainland Tanzania, and it also applies to certain offences committed outside Tanzania.

2.-( 1) This Act shall apply in Mainland Tanzania. (2) This Act shall also apply to a person who commits any act or omission constituting an offence under this Act where- (a) the act or omission occurs elsewhere than in Tanzania; or (b) the act or omission is done by that person, or for him, by another person elsewhere than in Tanzania.

Section 2Verify source

§ 3In this Act, unless the context otherwise requiresOffence

This section defines key terms used in the Act.

3. In this Act, unless the context otherwise requires- “advantage” means a gift or any property movable or immovable, loan, fee, reward or favour and includes valuable consideration o f any kind, discount, commission, rebate, bonus, deduction or percentage and employment or services or an agreement to give employment or render services in any capacity; “agent” includes- (a) any person in the employment o f whether under a contract o f service, a contract for services or otherwise, whether p e r m a n e n t or temporary, w h e t h e r paid or unpaid, and whether full-time or part-time and whether such person is a natural person or body o f persons or acting for another; (b) a trustee; (c) an administrator or an executor; (d) a public official; “ bank account” includes any ledger, day book, cash bock, account book and any other document including generated, stored, and displayed electronically used in the ordinary course o f business by any person carrying on, whether on his own behalf as an agent for another, and whether exclusively or otherwise, any banking business whatsoever or not such person is a bank within the meaning o f any law for the time being in force relating to banks; “ B ureau” means the Prevention and Combating o f Corruption Bureau established by Section 5; “conflict o f interest” means a clash between public interest and the private pecuniary or any other interest o f the individual concerned; 216 No. 11 Prevention and Combating o f Corruption 2007 “confiscation” which includes forfeiture where applicable, shall mean the permanent deprivation o f property by order o f a court; “controlled delivery” means the technique o f allowing illicit or suspect consignments to pass out of, through or into the territory o f one or more States, with the knowledge and under the supervision o f their competent authorities, with a view to investigating an offence and the identification o f persons involved in the commission o f the offence; “ Director-General” means the Director-General o f the Prevention and Combating o f Corruption Bureau; “ Director” means a person appointed under this Act to hold the position , o f a Director in the Bureau; “ foreign public o fficial” m eans any person holding a legislative, executive, administrative or judicial office o f a foreign country, whether appointed or elected; and any person exercising a public function for a foreign country, including for a public agency or public enterprise; “ freezing” means tem porarily prohibiting the transfer, conversion, disposition or m ovem ent o f property or tem porarily assum ing custody or control o f property on the basis o f an order issued by a court or other competent authority; “ informer” includes a person who in good faith reports the commission o f an offence to the Bureau and includes a whistle blower; “ Minister” means the Minister responsible for good governance; “officer” means an investigator o f the Bureau including the Director- General; “official o f a public international organization” means an international civil servant or any person who is authorized by such an organization to act on behalf o f that organization; ' “principal” includes an employer, a beneficiary under a trust, a trust estate as though it were a person, any person beneficially interested in the estate o f a deceased person as though it were a person, and, in relation to a public official, the authority or body o f persons in which the public office is held; “private sector” means the sector o f the economy under private ownership in which the allocation o f productive resources is coi "rolled by market forces; “ proceeds o f crime” means any property derived from or obtained, directly or indirectly, through the commission o f an offence under this Act; “ property” includes money, assets o f any kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible and any document or legal instrument evidencing title to, or interest in such assets; 217 No. 11 Prevention and Combating o f Corruption 2007 Cap.2 12 “ public body” ’ includes a corporation established by or under the Companies Act in which the Government has vested interest; “ public duty” means a duty in the discharge o f which the Government, the public or the community at large has an interest; “public official” means any person holding a legislative, executive, judicial, administrative, political, military, security, law enforcement, and local government authority or any other statutory office and includes- (a) any person performing a public function or providing a public service; and (b) any other person natural or legal so defined in any other written laws. O b jective o f the Act

Section 3Verify source

§ 4(l) The objective o f this Act is to provide for promotion andOffence

This provision says the Act aims to promote good governance and fight corruption.

4 .-(l) The objective o f this Act is to provide for promotion and enhancement o f good governance and eradication o f corruption. (2) In the promotion o f the objectives referred to under subsection (1), this Act provides an institutional and legal framework necessary for prevention and combating corruption by- (a) exam ining and advising on practices and procedures o f public, parastatal and private organisations, in order to facilitate the detection o f corruption or prevent corruption; (b) disseminating information to the public on evils and effects o f corruption and corrupt practices as well as negative traditions and usage; (c) cooperating and collaborating with local and international institutions, agencies or organisations in the fight against corruption; (d) promote and foster public support in combating corruption; and (e) investigate and prosecute offences relating to corruption. PART II E s t a b l i s h m e n t o f t h e B u r e a u Establish ment o f the Bureau C o m p o si tion o f the Bureau

Section 4Verify source

Part

PART 111

§ 15(1) Any person who corruptly by him self or in conjunction withOffence

It is an offence for any person to corruptly give, promise, offer, solicit, accept, or obtain an advantage linked to an agent’s dealings with a principal’s affairs or business.

15.-(1) Any person who corruptly by him self or in conjunction with any other person- (a) solicits, accepts or obtains, or attempts to obtain, from any person for him self or any other person, any advantage as an inducement to, or reward for, or otherwise on account of, any agent, whether or not such agent is the same person as such first mentioned person and whether the agent has or has no authority to do, or forbearing to do, or having done or forborne to do, anything in relation to his principal’s affairs or business; or (b) gives, promises or offers any advantage to any person, whether for the benefit o f that person or o f another person, as an inducement to, or reward for, or otherwise on account of, any agent whether or not such agent is the person to whom such advantage is given, promised or offered and whether the agent has or has no authority to do. doing, or forbearing to do. or having done or forborne to do. anything in relation to his principal’s affairs or business, commits an offcnce o f corruption. (2) A person who is convicted o fa n offence under this section, shall be liable to a fine o f not less than five hundred thousand shillings but not more than one million shillings or to imprisonment for a term o f not less than three years but not more than five years or to both. (3) In addition to a penalty provided for under subsection (2), the court shall where such person- (a) is an agent, order him to pay to his principal, in such manner as the court may direct- fi) the amount or value o f any advantage received by him or any o f its part; (ii) part o f the amount or value o f any advantage received by him, and that the whole or part o f the residue be confiscated to the Government; or 224 No. 11 Prevention and Combating o f Corruption 2007 (b) is an agent or not, order that the amount or value o f any advantage received by him, or any o f its part, be confiscated to the Government.

Section 15Verify source

§ 16(1) Any person who offers an advantage to a public official asOffence

It is an offence to offer an advantage to a public official, or for a public official to solicit or accept one, when it is tied to influence or assistance in certain public contracts or subcontracts.

16.-(1) Any person who offers an advantage to a public official as an inducement to or reward for or otherwise on account o f such public o ffic ia l’s giving assistance or using influence in or h aving given assistance or used influence to assist in the promotion, execution or procuring of- Corrupl I ransuc tions in contracts (a) any contract with a public body for the performance o f any work, the supply o f any service, the doing o f anything, the supplying o f anything or the supplying o f any article, material or substance; (b) any su b con tract to perform any work, supply o f service, the doing o f anything or supply any article, material or substance required to be performed, supplied, done under any contract with a public body, commits an offence o f corruption. (2) Any public official who solicits or accepts any advantage as an inducement to or reward for or otherwise on account o f his giving assistance or using influence in, or having given assistance or used influence to assist in the promotion, execution or procuring o f the payment o f the price, consideration or other moneys stipulated or otherwise provided for in, any such contract or subcontract as is referred to in paragraphs (a) and (b) o f subsection ( 1), commits an offence. (3) A person convicted o f an offence under this section shall be liable to a fine o f not less than one million shillings but not more than three million shillings or to imprisonment for a term o f not less than three years but not more than five years or to both. (4) In addition to the penalty prescribed for under this section the court shall, if such person- : (a) is an agent, order him to pay to his principal, in such manner as the court may direct- (i) the amount cr money value o f any advantage received by him or any part o f it; or 225 No. 11 Prevention and Combating o f Corruption 2007 Corrupt transac tions in p rocure ment (ii) part o f amount or money value o f any advantage received by him, and that the whole or part o f the residue be confiscated; (b) is an agent or not, o rd e r th a t a m o u n t or v a lu e o f any advantage received by him, or any part o f it, be confiscated to the Government.

Section 16Verify source

Part

part o f amount or money value o f any advantage

§ 17(1) Any person whoOffence

It is an offence for any person to offer, solicit, or accept an advantage to influence the withdrawal of a tender or the decision not to invite a tender.

17.-(1) Any person who- (a) offers any advantage to another person as an inducement for or a reward for or otherwise on account o f the withdrawal o f a tender, or refraining from inviting a tender, for any contract with a public or private body for the performance o f any work, the supply o f service, the doing o f anything or the supplying o f any article, material o f substance; or (b) solicits or accepts any advantage as an inducement for or a reward for or otherwise on account of the withdrawal o f a tender, or refraining from inviting a tender, for such a contract as is referred to in paragraph (a), c o m mi t s an offence. (2) A person convicted o f an offence under this section shall be liable to a fine not exceeding fifteen million shillings or to imprisonment for a term not exceeding seven years or to both. (3) In addition to the penalty prescribed for under this section the court shall, if such person- (a) is an agent, order him to pay to his principal, in such manner as the court may direct- (i) the amount or money value o f any advantage received by him or any part o f it; or (ii) part o f am ount or money value o f any advantage received by him, and that the whole or part o f the residue be confiscated; (b) is an agent or not, order that amount or value o f any advantage received by him, or any part o f it, be confiscated to the Government. Corrupt transac tions in auctions

Section 17Verify source

Part

part o f am ount or money value o f any advantage

§ 18(1) Any person whoOffence

A person must not offer, solicit, or accept an advantage to influence bidding at an auction; doing so is an offence.

18.-(1) Any person who- (a) offers any advantage to another person as an inducement to or reward for or otherwise on account o f that other 226 No. 11 Prevention and Combating o f Corruption 2007 person’s refraining or having refrained from bidding at an auction conducted by or on behalf o f any public or private body; or (b) solicits or accepts any advantage as an inducement to or reward for or otherwise on account o f his refraining or having refrained from bidding at any auction conducted by or on behalf o f any public or private body, commits an offence o f corruption under this Act. (2) A person convicted o f an offence under this section shall be liable to a fine not exceeding fifteen million shillings or to imprisonment for a term not exceeding seven years or to both. (3) In addition to the penalty prescribed for under this section the court shall, if such person- (a) is an agent, order him to pay to his principal, in such manner as the court may direct- (i) the amount or money value o f any advantage received by him or any part o f it; or (ii) part o f amount or money value o f any advantage received by him, and that the whole or part o f the residue be confiscated; (b) is an agent or not, order that am ount or value o f any advantage received by him, or any part o f it, be confiscated to the Government.

Section 18Verify source

§ 19The provisions o f the Public Procurement Act shall apply inOffence

This section applies the Public Procurement Act to corruption offences in procurement and makes it an offence to offer, solicit, or accept an advantage tied to employment-related assistance or influence.

19. The provisions o f the Public Procurement Act shall apply in relation to investigation o f offences and institution o f proceedings for offences o f corruption in procurement o f goods, works and the supply o f consultancy services. 2 0 .-(l) Any person who offers an advantage to another person as an inducement to or reward for or otherwise on account o f such another person’s giving assistance or using influence in or having given assistance or used influence to assist in obtaining employment, promotion or any other matter relating to employment commits an offence o f corruption. A p plica tion o f Act N o .21 o f 2004 Corrupt transac tions in e m p lo y ment (2) Any person who solicits or accepts any advantage as an inducement to or reward for or otherwise on account o f his giving 227 No. 11 Prevention and Combating o f Corruption 2007 Bribery o f foreign public official assistance or using influence in, or having given assistance or used influence to assist in obtaining o f employment, promotion or any other matter relating to employment commits an offence o f corruption. (3) A person convicted o f an offence under this section shall be liable to a fine not exceeding five million or to imprisonment for a term not exceeding three years or to both.

Section 19Verify source

§ 21(1) Any person who intentionally promises, offers or gives to aOffence

It is an offence to bribe a foreign public official or international organisation official, and officials may also commit an offence by soliciting or accepting an undue advantage.

21.-(1) Any person who intentionally promises, offers or gives to a foreign public official or an official of a public international organisation, directly or indirectly, an undue advantage, for that foreign public official himself or another person or entity, in order that the foreign public official acts or refrain from acting in the exercise o f his official duties to obtain or retain business or other undue advantage in relation to a local or international economic undertaking or business transaction, commits an offence and shall be liable to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding seven years or to both. (2) Any foreign public official or an official o f a public international organisation who intentionally s o l i c i t s or accepts, directly or indirectly an undue advantage, for him self or another person or entity in order that he acts or refrains from acting in the exercise o f his official duties, com m its an offence and shall be liable on conviction to a fine not ex ceeding ten million shillings or to im prisonm ent for a term not exceeding seven years or to both. Use o f documents intended to mislead principal Persons ob tain ing advantage

Section 21Verify source

§ 22Section 22Offence

A person who knowingly gives a false or misleading business document to an agent, or an agent who knowingly uses such a document to deceive or defraud the principal, commits an offence.

22. A person who knowingly gives to any agent, or an agent knowingly uses with intent to deceive, or defraud his principal, any receipt, account or other document such as a voucher, a profoma invoice, an electronically generated data, minute sheet relating to his principal’s affairs or business, and which contains any statement which is false or erroneous or defective in any material particular, and which to is knowledge is intended to mislead the principal, commits an offence and shall be liable on conviction to a fine not exceeding seven million shillings or to imprisonment for a term not exceeding five years or (.o both.

Section 22Verify source

§ 23(1) A person who solicits, accepts or obtains or agrees to acceptOffence

A person must not seek or accept an undue advantage in connection with official matters; conviction can lead to a fine, imprisonment, or both, and the court must also order confiscation of the value received.

23.-(1) A person who solicits, accepts or obtains or agrees to accept or attempts to obtain for him self or for any other person, any advantage without lawful consideration or for a lawful consideration which he knows or has reason to believe to be inadequate- (a) from any person whom he knows or has reason to believe to have been, or to be, or to be likely or about to be, concerned 228 No. 11 Prevention and Combating o f Corruption 2007 in any matter or transaction with h im self or having any connection with his official functions or o f any official to whom he is subordinate; or (b) from any person whom he knows or has reason to believe to be interested in or related to or acting for or on behalf o f the person so concerned, or having such a connection, commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding seven years or to both. (2) In addition to the penalty imposed under sub-section ( 1), the court shall order that the amount o f money value o f any advantage received by the public officer, or any part o f it be confiscated to the Government.

Section 23Verify source

§ 24Where any advantage has been received with the knowledge o fProvision

An advantage may be treated as received by the accused person if it was received by them, or by another person on their behalf or because of their relationship or the accused person’s official functions.

24. Where any advantage has been received with the knowledge o f the accused person, or by any person other than accused person, and the court is satisfied, having regard to the relationship o f that other person to the accused person or any other circumstances, that such person has received the advantage for or on behalf o f the accused person, or by reason o f his relationship to the accused person or otherwise on account o f or in connection with the of tic ia! functions o f the accused person, the advantage shall be deemed to have been received by the accused person.

Section 24Verify source

§ 25Any person being in a position c f power or authority, who in theOffence

A person in a position of power or authority must not demand or impose sexual or other favours as a condition for employment, promotion, rights, privileges, or preferential treatment.

25. Any person being in a position c f power or authority, who in the exercise o f his authority, demands or imposes sexual favours or any other favour on any person as a condition for giving employment, a promotion, a right, a privilege or any preferential treatment, commits an offence and shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years or to both. Advantage received on b e h alf o f accused Sexual or i.ny other favours 2 6 .-(l) Any officer o f the Bureau authorised in writing by the Director-General may, bv notice in writing addressed to any public official require such public official to give, within such time and in such manner as may be specified in the notice, a full and true account o f all or any class o f properties which such public official or his agent possess or which he or his agent had in possesion at any time during which the Public officials .0 giw. accounts of properties 229 No. 11 Prevention and Combating o f Corruption 2007 public official held any public office, and such officer o f the Bureau may, by the same or subsequent notice, require such public official to give a true account o f how he acquired such property. (2) In any prosecution for an offence, any statement or account in wiiting given by the accused person pursuant to a notice given to him under subsection ( 1) shall be admissible in evidence. (3) A public official who fails to comply with the requirement o f a notice addressed to him pursuant to this section, or knowingly gives a false account in relation to any property, commits an offence and shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years or to both. (4) In a prosecution for an offence under subsection (3), evidence o f the fact that a notice under subsection ( 1) was given by an officer o f the Bureau shall be conclusive evidence that such officer o f the Bureau was authorised as such. ( 5 ) F o r t h e p u r p o s e o f t h i s s e c t i o n - “agent” means the husband, wife or child o f the public official, any debtor o f the public official, or any other person acting for or on behalf o f the public official, and includes any person in possession or ownership o f property, the acquisition o f which is or was met wholly or partly by the public official; “ public official” includes any person who held a public office at any time during the five years immediately preceding the date on which a notice under subsection ( 1) is given.

Section 25Verify source

§ 27(1) A person commits an qffence who, being or having been aInterpretation

Public officials and private-sector persons commit offences if they unlawfully misappropriate property or, for public officials, live or hold property beyond lawful income without a satisfactory explanation.

27.-(1) A person commits an qffence who, being or having been a public official- (a) maintains a standard o f living above that which is commensurate with his present or past lawful income; (b) owns property disproportionate to his present or past lawful income, unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard o f living or how such property came under his ownership. (2) W here in proceedings for an offence under paragraph (b) o f subsection ( 1) the court is satisfied that, having regard to the closeness 230 Possession of unexplained property No. 11 Prevention and Combating o f Corruption 2007 or relationship to the accused and other circumstances, there is reason to believe that any person is or was holding property in trust for or otherwise on b ehalf o f the accused or has acquired such property as a gift from the accused, such property shall, in the absence o f evidence to the contrary, be presumed to be in the control o f the accused. (3) Subject to this section, where a person is convicted o f an offence under this section shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding seven years or to both. (4) The court shall, in addition to the penalty imposed under subsection (3), order the confiscation o f any pecuniary gain or property- (a) found to be in the ownership o f the accused; and (b) o f an amount or money value not exceeding the amount or value o f pecuniary gain or property the acquisition o f which was not explained to the satisfaction o f the court. (5) Any application for an order under subsection (4) shall be made by the Director-General within twenty eight days after the date o f the conviction, except that such order shall not be made in respect o f property held by a person other than the person convicted- (a) unless that other person has been given reasonable notice that such an order may be made and had an opportunity to show cause why it should not be made; or (b) if that other person satisfies the court in any proceedings to show cause that he had- (i) acted in good faith as regards to the circumstances in which the property came to his possession; and (ii) so acted in relation to the property that an order in the circumstances would be unjust. (6) Nothing in subsection (5) shall be construed as limiting the court’s discretion to decline to make an order under subsection (4) on grounds other than those specified in subsection (5). (7) An order under subsection (4) may be made subject to such conditions as the court thinks fit regard being had to all circumstances o f the case. 231 No. 11 Prevention and Combating o f Corruption 2007 (8) A court may make orders under both paragraphs o f subsection (4) in respect o f the same offence but shall not make orders under both provisions in respect o f the same pecuniary gain or property. (9) An order under subsection (4) may make provisions for taking possession o f property to which the order applies and for the disposal o f such property by or on behalf o f the Government. Embezzle ment and misappro priation 2 8 . - ( l ) A person being a public official who d ish o n estly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public official or allows any other person to do so, commits an offence, and shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding seven years or to both. (2) If any person in the private sector dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control or allow any other person to do so. commits an offence and shall be liable to a fine not exceeding ten million shillings or to imprisonment for term not exceeding seven years or to both. (3) In addition to a penalty imposed under subsections (1 ) and (2), the court shall order the confiscation o f the misappropriated or converted property or an equivalent sum where that property cannot be traced. (4) Where a court orders confiscation or payment o f the amount or money value, or any part of it, o f any advantage, or the confiscation o f any property, under this Act- (a) the payment o f any sum ordered to be paid or forfeited may be enforced in the same manner and subject to the same process as in the case o f payment o f ? fine; (b) all moneys forfeited shall be paid into the Treasury and shall form part o f the Government revenue; (c) where any property other than money is forfeited, it shall be d i s p o s e d o f in a c c o r d a n c e w ith s e c t i o n 76 o f the Interpretation o f Laws Act; and (d) any such order shall, for the purpose o f any appeal, be deemed to form part o f the sentence o f the court. 232 Cap. 1 No. 11 Prevention and Combating o f Corruption 2007

Section 27Verify source

§ 29Any person being a public official or not who diverts, for theOffence

A person who diverts government or agency property received by virtue of their position for an unrelated purpose, for personal or third-party benefit, commits an offence.

29. Any person being a public official or not who diverts, for the purposes unrelated to those for which they were intended, for his or her own benefit or that o f a third party any property belonging to the Government or its agencies to an independent agent, or to an ind ividual, which property that official has received by virtue o f his position, commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years or to both.

Section 29Verify source

§ 30Any person who aids or abets another person in commission o fOffence

Any person who aids or abets another person in committing an offence under the Act commits an offence and may be fined up to two million shillings, imprisoned for up to two years, or both.

30. Any person who aids or abets another person in commission o f an offence under this Act commits an offence and shall be liable on c o n v ic tio n to a fine not e x c e e d in g tw o m illio n s h illin g s o r to imprisonment for a term not exceeding two years or to both.

Section 30Verify source

§ 31Any person who intentionally abuses his position in theOffence

Any person who intentionally abuses their position to get an undue advantage, or for another person or entity, commits an offence.

31. Any person who intentionally abuses his position in the performance or failure to perform an act, in violation o f law, in the discharge o f his functions or use o f position for the purpose o f obtaining an undue advantage for him self or for another person or entity, commits an offence and shall be liable on conviction to a fine not exceeding five million shi 11 ings or to imprisonment for a term not exceeding three years or to both. Diversion Aiding and abetting A buse o f position

Section 31Verify source

§ 32Any person who conspires with another person to commit anOffence

A person who conspires with another person to commit an offence under this Act commits a like offence and may be fined up to five million shillings, imprisoned for up to three years, or both.

32. Any person who conspires with another person to commit an offence under this Act commits a like offence and shall be liable on c o n v ic tio n to a fine not e x c e e d in g five m illio n s h illin g s or to imprisonment for a term not exceeding three years or to both. C o n spiracy

Section 32Verify source

§ 33(1) Any person who promises, offers or gives to a public officialCommencement

This provision criminalizes bribery-like conduct, dealing in proceeds of corruption, and breaching a notice that freezes specified property or money.

33.-(1) Any person who promises, offers or gives to a public official or any other person directly or indirectly, an undue advantage in order that the public official or that other person to abuse his real or supposed influence with & view to obtaining from the administration or a public authority an undue advantage for the original instigator o f the act or for any other oerson, commits an offence anu shall be liable on conviction to a fine not exceeding three million shillings or to imprisonment for a term not exceeding two years or to both. Trading in in Hue nee (2) Any public official or any other person who dircctly or indirectly solicits or accepts an undue advantage for him self or for another person in order that such public official or the other person abuse his real or 233 No. 11 Prevention and Combating o f Corruption 2007 Transfer o f proceeds o f co rrup tion supposed influence with a view to obtaining from an administration or a public authority an undue advantage, commits an offence and shall be liable on conviction to a fine not exceeding three million shillings or to imprisonment for a term not exceeding two years or to both. 3 4 .-(l) Any person who- (a) converts, transfers or disposes o f property knowing such property to be proceeds o f corruption or related offences for the purpose o f concealing or disguising the origin o f the property or helping any person who is involved in the commission o f the offence to evade the legal consequences o f his action; or (b) acquires, possesses or uses property with the knowledge that such property is the proceeds o f corruption or related offences, com m its an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to im prisonment for a term not exceeding seven years or to both. (2) Where the Attorney-General has reason to believe that any person having illicitly received or acquired an advantage or property, he may by notice addressed to that person or to any other person to whom the advantage, property, the proceeds or money value, or any part o f the proceeds or money value, the advantage or property money is believed to have been transferred or conveyed by the person suspected o f having illicitly received or acquired it or by an agent o f such'person, directing the person to whom the notice is addressed not to transfer, dispose o f or part with the possession c f the property or money value specified in the notice. (3) The Attorney General may, subject to subsection (1) issue a notice to any other person to whom the money or property under this section may pass by operation o f law. (4) Every notice issued under subsection (2) shall remain in force and binding on the person to whom it is addressed for a period o f six months from the date o f the notice or, where proceedings for an offence under this Act or any other written law in .elation to the advantage or property commenced against any o f such person until the determination o f those proceedings. 234 No. 11 Prevention and Combating o f Corruption 2007 (5) Any person who has been served with a notice under subsections (2) and (3) who, on contravention o f the notice, transfers disposes of, or parts with, the possession o f the sum o f money value or a property specified in the notice, commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding seven years or to both. (6) In any proceedings for an offence under this section, it shall be a defence to an accused person if he satisfies the court that- (a) the sum o f money or other property specified in the notice was delivered to an officer o f the Bureau, or to some other person as directed in the notice; (b) the sum o f money or other property specified in the notice was produced to the court and has been retained by such court; or (c) the notice was subsequently withdrawn by the Attorney- General by notification in writing.

Section 33Verify source

Part

part with the possession c f the property or money value specified in the

§ 35Where, in proceedings under this Act, it is proved that anProvision

If an advantage is shown to have been offered, promised, given, solicited, accepted, or agreed to be accepted or obtained in connection with a contract held or sought from a public office, it is treated as an inducement or reward unless the contrary is proved.

35. Where, in proceedings under this Act, it is proved that an advantage was offered, promised or given, or solicited, accepted or obtained or agreed to be accepted or obtained by a public official by or from a person, or agent o f a person holding or seeking to obtain a contract from a public officc. f!:C advantage shall be deemed to have been offered, promised or given, solicited, accepted or obtained or i^ re e d to be accepted or obtained as an inducement or reward as referred to in section 18 unless the contrary is proved.

Section 35Verify source

§ 36Any person who falsely pretends that he isOffence

Any person who falsely pretends to be an officer, or to have an officer’s powers or influence, commits an offence.

36. Any person who falsely pretends that he is- (a) an officer or has any o f the powers o f the officer under this Act or any other laws relating to prevention and combating o f corruption under any authorization or warrant under either o f those laws; or (b) able to procure an office to do or refrain from doing anything in connection with the duty o f such officer, commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or to imprisonment f o t 'a term not exceeding one year or to both. P re su m p tion o f corruption False pretence to be an officer 235 No. 11 Prevention and Combating o f Corruption 2007 Offence of disclosure o f identity 3 7 .-(1) Any person who knowing or suspecting that an investigation in respect o f an offence alleged or suspected to have been committed under this Act or any other law relating to corruption is taking place, without lawful authority or reasonable excuse, discloses to the- (a) person who is the subject o f investigation the fact that he is so subject or any detailed o f such investigation; or (b) public, section o f the public or any particular person the identify o f the subject person or the fact that the subject person is so subject or any details o f such investigation, commits an offence and shall be liable on conviction to a Fine o f one hundred thousand shillings or to imprisonment for one year or to both. (2) Subsection (1) shall not apply to the disclosure o f investigation where- (a) a warrant has been issued for the arrest o f the subject person; (b) the subject person has been arrested whether with or without warrant; (c) the subject person has been required to furnish a statement in writing by a notice served on him under this Act; and (d) the subject person has been summoned and or his statement recorded. eferred to in subsection ( I ), a person (3) Without prejudice t j the generality o f the* expression "reasonable rred to shall have a excuse reasonable excuse as regards to disclosure o f any o f the descriptions mentioned in that subsection (I ) if. but only to the extent that, the disclosure reveals- (a) unlawful activity, abuse o f power, s c ions neglect o f duty, or other serious m isconduct by the Director-General, a Director or any officer o f the Bureau; or (b) Director or any officer o f the Bureau; or (c) a serious threat to public order or to the security o f the United Republic or to tne health or safety o f members o f the public. Freezing o f assets 3 8 .-(l) Where a person L charged or is about to be charged in any court with a corruption offence or any other related offences, the court may order, on an application by the Director o f Public Prosecutions, 236 No. 11 Prevention and Combating o f Corruption 2007 subject to such conditions as to the duration o f the order or otherwise as the court deems fit- (a) the attachment in the hands o f any per:on named in the order all moneys and other property due or owing or belonging to or held on behalf o f the accused; and (b) the prohibition o f the accused or any other person named in the order from transferring, pledging or otherwise disposing o f any money or other property so attached. (2) The court may, in respect o f any order under subsection (1), specify moneys or salaries, wages, pensions, or other benefits that shall be paid to or received by the accused indicating the source, manner and circumstances o f payment or receipt. (3) In making an order under subsection (1), the court may authorise- (a) the payment o f debts incurred in good faith and due to creditors o f the accused before the request for the order was made by the Director o f Public Prosecutions; or (b) the sale, transfer or disposal o f any property by the accused where the court is satisfied that such sale, transfer or disposal is necessary in order to safeguard the property rights o f any other person claiming interest in the property. (4) An order made pursuant to this section shall take effect forth with and the Director o f Public Prosecutions sliall- (a) cause notice o f the order to be published in the next issue o f the Government Gazette and in at least two daily newspapers widely circulated in Tanzania; and (b) give notice o f the order to- (i) all notaries; (ii) banks, financial institutions and cash dealers; and (lii) any other person who may hold or be vested with property belonging to or held on behalf o f the accused (5) An order under this stction shall, subject to any condition to the contrary imposed under subsection ( 1), remain ir. force until- (a) the D irector o f Public Prosecutions decides not to proceed with a prosecution; or (b) the final determination o f the charge. 237 No. 11 Prevention and Combating o f Corruption 2007 (6) Where an order under this section ceases to have effect or is revoked, the Director o f Public Prosecutions shall cause notice to be published in the Government G azette and in at least two daily newspa pers widely circulating in Tanzania. (7) Any payment, transfer, pledge or other disposition o f property made in contravention o f an order made under this section shall be null and void. * Duty to give inform a tion

Section 36Verify source

§ 39( 1) Every person who is or becomes aware o f the comm iss ion ofOffence

People who learn about an offence or an intended offence under the Act must report it to the Bureau. The Bureau and the Director of Public Prosecutions may act to recover corruption proceeds, and the Director of Public Prosecutions may seek a forfeiture order within six months after a corruption conviction.

39.-( 1) Every person who is or becomes aware o f the comm iss ion of or the intention by another person to commit an offence under this Act shall be required to give information to the Bureau. (2) Procedures for giving and handling o f information under this section shall be as may be prescribed by the regulations. PART IV F o r f e i t u r e o f P r o c e e d s o f C o r r u p t i o n Forfei ture o f proceeds of c o r ru p tion 4 0 .-(l) The Bureau may, in collaboration with the office o f the Director o f Public Prosecutions recover proceeds o f corruption through confiscation to the Government. (2) Where a person is convicted o f an offence o f corruption under this Act, the Director o f Public Prosecutions may, apply to the convicting court or to any other appropriate court not later than six months after conviction o f the person for forfeiture order against any property that was obtained through corruption. (3) For the purpose o f this part, "proceeds o f corruption" means any property that is derived or obtained by a person from the commission of corruption offences. Notice o f applica tion

Section 39Verify source

Part

PART VII

§ 49Section 49Offence

In offence proceedings involving buildings, the law says the building’s value must be assessed using the listed valuation basis depending on whether it was built or purchased.

49. In proceedings for an offence under -his Act where the subject matter involves buildings, the method for evaluation c f buildings shall be based- (a) where it is established that such property or building was built- (i) on the market value o f building materials at fhe time o f construction; or . (ii) an actual construction value; (b) w here the building was purchased- (i) on the actual price o f purchase; (ii) on the valuation market value o f such property or build ing. 241 No. 11 Prevention and Combating o f Corruption 2007 General imm unity for m em b ers 50. No act or thing done or omitted to be done by an officer o f the Bureau shall, if the act or omission was done or omitted bona fide in the exercise o f his functions under this Act, render the officer personally liable for the act or omission. Protec tion o f inform ers

Section 49Verify source

§ 51(1) No information relating to commission o f an offence underOffence

This section protects informers and related persons in civil and criminal proceedings, limits disclosure of their identities, and requires court concealment of identifying material.

51.—(1) No information relating to commission o f an offence under this Act shall be admitted in evidence in any civil or criminal proceedings and no witness in any civil or criminal proceedings shall be obliged to - (a) disclose the name or address o f any informer who has given information to the Bureau with respect to an offence under this Act or the name or address o f any person who has assisted the Bureau in any way in relation to such an offence; or ' (b) answer any question if the answer to such question would lead, or would tend to lead, to discovery o f the name or address o f such informer or person. (2) If any book, document or paper which is the subject ofevidencc or liable for inspection in any civil or criminal proceedings contain an entry in which that informer or person is named or described, or which might lead to. the discovery o f that informer or person by public, the court shall cause all such passages to be concealed from view by public or to be obliterated so far as may be necessary to protect the informer or such other person from discovery by public. (3) Any informer who shall suffer reprisal or retaliation or victimization or injury or any harm from a person accused o f corruption, perpetrators o f o ff e n c e s o f c o r ru p tio n and their a c c e s s o rie s shall be affo rd ed r e a s o n a b l e p r o t e c t i o n , c o m p e n s a t i o n an d a s s i s t a n c e by the G o v e r n m e n t upon a s c e rta in m e n t by the B ureau the m a g n itu d e o f v ic tim iz a tio n injury or harm . Protec tion o f wit nesses, experts and victims

Section 51Verify source

§ 52(1) Notwithstanding any written law, rule o f law oi practice toOffence

Witnesses are not treated as accomplices just for exchanging benefits in cases under this Act; certain disclosures to an officer are protected from civil or criminal liability; and victimising a discloser is an offence.

52.—(1) Notwithstanding any written law, rule o f law oi practice to the contrary no witness shall, in any proceedings for an offence under this Act be regarded as an accomplice by reason only of receiving or making any payment or delivery by him or on his behalf of any advantage to the person accused or, as the case may be, by reason only o f receiving or making any payment or delivery o f any advantage by or on behalf o f the person accused to or from him. 242 No. 11 Prevention and Combating o f Corruption 2007 (2) Where a person- (a) discloses to an officer that a person, public official, body corporate or public body is or has been involved in an act o f corruption; and (b) at the time he makes the disclosure, believes on reasonable grounds that the information he discloses may be true and is o f such a nature as to warrant an investigation under this Act, he shall not incur civil or criminal liability as a result o f such disclosure. (3) Any person who victimises a person who has made a disclosure under subsection (2) commits an offence and shall upon conviction be liable to a fine not exceeding five hundred thousand shillings or to im prisonment for a term o f not exceeding one year or to both. (4) In this Part, "victimisation" means an act- (a) which causes injury, damage or loss; (b) o f intimidation or harassment; (c) o f discrimination, disadvantage or adverse treatment in relation to person's employment; or (d) amounting to threats o f reprisals.

Section 52Verify source

§ 53Section 53Offence

A conviction under this Act is not invalid just because there was a defect in appointing, nominating, or electing someone to an office.

53. No conviction for an offence against this Act shall be invalid by reason only o f a defect in the appointment, nomination or election o f a person to any office. , Defect in the a ppoint ment, n o m in a tion or election

Section 53Verify source

§ 54Mutual legal assistance in relation to offence o f corruption andOffence

Mutual legal assistance for corruption-related offences must be handled under the Mutual Assistance in Criminal Matters Act.

54. Mutual legal assistance in relation to offence o f corruption and other related offences shall be made in accordance with the provisions o f the Mutual Assistance in Criminal Matters Act. Mutual legal assistance

Section 54Verify source

§ 55Extradition matters in relation to offences o f corruption and otherOffence

Extradition matters for corruption and related offences must be handled under the Extradition Act.

55. Extradition matters in relation to offences o f corruption and other related offences shall be dealt with in accordance with the provisions o f the Extradition Act.

Section 55Verify source

§ 56Without preceding provisions o f this Part, a foreign state orOffence

A foreign state or government may share information to help the Bureau investigate or prosecute, and prosecution generally needs the Director of Public Prosecutions’ written consent.

56. Without preceding provisions o f this Part, a foreign state or Governm ent may disclose such information which might assist the Bureau in initiating or c a n y ng out investigation, prosecution, judicial proceedings and information on proceeds o f offence. 243 C a p .254 E xtradi tion C a p .368 D isclo sure o f informa tion without prior request No. 11 Prevention and Combating o f Corruption 2007 Sanction of Director o f Public Prosecu tions Trial courts R egu la tions 5 7 .-(l) Except for offences under section 15, prosecution for an offence under this Act shall be instituted with written consent o f the Director o f Public Prosecutions. (2) The Director o f Public Prosecutions shall, within sixty days, give or withhold consent for prosecution.

Section 56Verify source

§ 58Section 58Repeal

Section 58 lets certain offences under the Act be tried in specified courts unless the Director of Public Prosecutions directs otherwise. Section 59 lets the Minister make regulations for carrying out the Act, including rules on conduct, complaints, information-sharing, and other anti-corruption measures.

58. Unless the Director o f Public Prosecutions directs otherwise an offence under this Act may be tried in the District Court, Court o f Resi dent Magistrate or, as the case may be, the High Court. 5 9 .-(l) The Minister may make regulations for the better carrying into effect the purposes and provisions o f this Act. (2) Without prejudice to the generality o f the subsection (1), the Minister may by regulations prescribing- (a) a code o f conduct for officers o f the Bureau; (b) procedures and processes for management o f complaints under this Act; (c) procedures for provision o f information to the Bureau on the commission o f corruption offences; and (d) such other matters as may be necessary or expedient for preventing the abuse or neglect o f Hutv and for upholding the efficiency and integrity o f the Biuv .u. Repeal C a p .329

Section 58Verify source

§ 60Section 60Repeal

This section repeals the Prevention of Corruption Act.

60. The Prevention o f Corruption Act is hereby repealed. Passed in the National Assembly on the 16lh April, 2007 D a m i a n S. L. F o k a , C lerk o f the N ational A ssem bly 244

Section 60Verify source

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4 referenced instruments

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Bureau must cooperate with the private sector on offences under the Act
Section 46
Corruption Act
Section 60

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People who learn about an offence or an intended offence under the Act
Section 39
Public Prosecutions directs otherwise. Section 59 lets the Minister make regulations for carrying out the Act
Section 58

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