The Constitution (Grant of Remission) Order, 2016

1. This Instrument may be cited as the Constitution (Grant of Remission) Order, 2016, and shall come into 1 Citation The Constitution Of The United Republic of Tanzania, (Grant Remission). GN No. 142 (contd.) operation on the 26th day of April, 2016, hereinafter referred to as “the effective date”. Remission of sentence

2. Subject to paragraph 3 of this Instrument, the remainder of the sentence of- Cap. 58 (a) a prisoner serving a term of imprisonment other than the prisoners specified under paragraph 3 of this Instrument is hereby remitted for a further term of one-sixth in addition to the remission conferred under section 49(1) of the Prisons Act except prisoners listed under paragraph 3(a-t); (b) a prisoner certified by the appropriate medical panel chaired by the respective Regional or District Medical Officer to have being suffering from a terminal diseases such as AIDS,TB or Cancer,; (c) a prisoner certified by the appropriate medical panel chaired by the respective Regional or District Medical Officer as being of or above the age of seventy; (d) a female prisoner who was pregnant at the time of incarceration and includes a woman prisoner who is breast feeding or weaning a baby; (e) a prisoner certified by the appropriate medical panel chaired by the respective Regional or District Medical Officer as having a permanent physical or mental incapacity; Is hereby remitted. Restriction on remission

3. The remission granted under paragraph 2 of this Instrument shall not apply to any prisoner who, before the effective date- (a) was convicted and sentenced to death; (b) was convicted and sentenced to death for murder life but such sentence was commuted imprisonment or aterm of imprisonment to 2 The Constitution Of The United Republic of Tanzania, (Grant Remission). GN No. 142 (contd.) (c) was convicted and sentenced to life imprisonment; (d) was convicted and sentenced for the offence of trafficking in dangerous drugs such as cocaine, heroine or any other dangerous drug; (e) was convicted and sentenced for corruption including soliciting and accepting offences, bribery; (f) was convicted and sentenced for robbery with violence, armed robbery or attempt robbery; (g) was convicted and sentenced for being in unlawful possession of firearms, ammunition or explosives; (h) was convicted and sentenced for indecent assault, defilement, rape, unnatural offence or an attempt to commit such offences; (i) was convicted and sentenced for the offence of impregnating a Primary or Secondary School girl and at the time of commission of the offence, the prisoner was of the age of eighteen or above; (j) was convicted and sentenced for car or motorcycle theft, or an attempt to commit such offences; (k) is serving the sentence on parole or under community service program; (l) was convicted and sentenced for the offence of abuse of power and office; (m) was granted any remission other than one third conferred under section 49(1) of the Prisons Act, and is currently serving the remainder of the sentence; (n) was convicted and sentenced for an offence of curtailing children from pursuing education; (o) was convicted and sentenced for the offence of abduction or human children, kidnapping trafficking; 3 The Constitution Of The United Republic of Tanzania, (Grant Remission). GN No. 142 (contd.) (p) was convicted and sentenced for the offence of unlawful possession of biological human organs assault or cruelty against a person with albinism; (q) was convicted and sentenced for the offence of unlawful possession of Government trophies or an offence relating to poaching; (r) was convicted and sentenced for an offence involving embezzlement of public funds; (s) escaped or attempted to escape from prison or any lawful custody and is currently serving sentence for such offence; and (t) any prisoners admitted into prison after 26th February, 2016. Dar es Salaam, 23rd April, 2016 President JOHN POMBE MAGUFULI 4