THE WHISTLEBLOWER AND WITNESS PROTECTION REGULATIONS 2023
This is the interpretation section for Part II on disclosure and application for protection.
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- THE WHISTLEBLOWER AND WITNESS PROTECTION REGULATIONS 2023
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About this statute
This is the interpretation section for Part II on disclosure and application for protection. Section 5 is titled “Decision on application for protection.” This section is titled “Extension of protection agreement” under Part III, Protection Measures. This section is titled “Types of protection measures” for whistleblower and witness protection. This section is titled “Determining types of protection measures.”
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Provisions of THE WHISTLEBLOWER AND WITNESS PROTECTION REGULATIONS 2023
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Interpretation
AI-assisted research summary: This is the interpretation section for Part II on disclosure and application for protection.
2. Interpretation. PART II DISCLOSURE AND APPLICATION FOR PROTECTION
Part
PART II
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Decision on application for protection
AI-assisted research summary: Section 5 is titled “Decision on application for protection.”
5. Decision on application for protection. - 11 Verify source ↗
Extension of protection agreement
AI-assisted research summary: This section is titled “Extension of protection agreement” under Part III, Protection Measures.
11. Extension of protection agreement. PART III PROTECTION MEASURES - 3 Verify source ↗
Subject to sections 5 and 7 of the Act, where a
AI-assisted research summary: When a whistleblower makes a disclosure, the Competent Authority receiving it must record the information in writing, subject to sections 5 and 7 of the Act.
3. Subject to sections 5 and 7 of the Act, where a whistleblower makes a disclosure, a Competent Authority to whom the disclosure is made shall record such information in writing. - 4 Verify source ↗
(1) Subject to the provisions of sections 10 and 11
AI-assisted research summary: An application for whistleblower or witness protection must be made in Form 1 and include the applicant’s identity and address, the relevant disclosure or evidence, the danger faced, and any other information the Competent Authority requires, subject to sections 10 and 11.
4.-(1) Subject to the provisions of sections 10 and 11 of the Act, an application for protection of a whistleblower or a witness shall be in the manner set out in Form No. 1 prescribed in the Schedule and shall contain: (a) information as to the identity and address of the applicant; (b) the disclosure related to the whistle blowing, evidence or investigation as the case may be; (c) the danger that the applicant may sustain; and 4 GN. NO.59 (Contd.) Whistleblower and Witness Protection Decision on application for protection Protection agreement (d) any other information that may be required by Competent Authority. - 5 Verify source ↗
(1) Where an application for protection
AI-assisted research summary: When a protection application is filed, the Competent Authority must notify the applicant in writing and decide within 14 days. It may take urgent protection measures if it believes danger to life or property is likely, and a person aggrieved by the decision may appeal to the Minister within 14 days.
5.-(1) Where an application for protection is submitted, the Competent Authority shall- (a) notify the applicant in writing; and (b) within fourteen days upon receipt of the application, make a decision on such application. (2) The Competent Authority shall take urgent protection measures where it believes that the danger is likely to occur to the life or property of the applicant or a person of close or interpersonal relationship until the decision is made on the application. (3) Where the application for protection, it shall notify the applicant in writing and shall furnish reasons for such decision. the Competent Authority rejects (4) A person who is aggrieved by the decision of the Competent Authority under this regulation may, within fourteen days from the date of the decision, appeal to the Minister. - 6 Verify source ↗
(1) Where a Competent Authority is of the opinion
AI-assisted research summary: A Competent Authority must enter into a protection agreement with an applicant it considers deserving of protection, within seven days.
6.-(1) Where a Competent Authority is of the opinion that an applicant deserves the requested protection, it shall, within seven days, enter into protection agreement with the applicant in Form 2 prescribed in the Schedule and such agreement shall be concluded within seven days. (2) A protection agreement under this regulation shall come into force on the date of signing. (3) Where the protected person is a child or a person of unsound mind, the protection agreement shall be entered into by a parent, guardian or social welfare officer as the case may be. (4) Where a protection agreement entered into in accordance to subregulation (3) continues to operate after the cessation of the legal incapacity, the protected person may conclude the agreement personally. Special protection agreement - 7 Verify source ↗
(1) Notwithstanding the provisions of regulation 6,
AI-assisted research summary: A Competent Authority may make a special protection agreement for a child or person of unsound mind in specified cases, and the agreement must be sent to a resident magistrates’ court within 7 days for approval.
7.-(1) Notwithstanding the provisions of regulation 6, a Competent Authority may enter into a special protection agreement with a social welfare officer on behalf of a child or 5 GN. NO.59 (Contd.) Whistleblower and Witness Protection a person of unsound mind in the manner set out in Form 3 prescribed in the Second Schedule where- (a) the child or a person of unsound mind is giving information or evidence against his parent or guardian; (b) his parent or guardian cannot be found; or (c) his parent or guardian unreasonably withholds consent for a protection agreement or is unable to give his consent. (2) A special protection agreement entered into under this regulation shall be submitted for approval to a resident magistrates’ court within seven days from the date of signing such agreement. (3) The court to which a special protection agreement is submitted under this regulation may set aside, approve or amend the special protection agreement by taking account the realisation of the best interests of the child or welfare of a person of unsound mind. (4) Where the court sets aside the special protection agreement, the Competent Authority shall discharge the child or a person of unsound mind from protection. (5) A special protection agreement approved or amended in accordance with subregulation (3) shall be a binding agreement. Obligations of protected person - 8 Verify source ↗
(1) A protected person shall
AI-assisted research summary: A protected person must provide information, follow protection orders, and tell the Competent Authority about new charges or loss of rights. If the protected person is a child or a person of unsound mind, a parent, guardian, or social welfare officer must ensure compliance.
8. (1) A protected person shall- (a) provide true, accurate and complete information or evidence for investigation or prosecution to the case which is the subject matter of the protection agreement; that may (b) provide necessary information as to his identity and address; (c) refrain from activities protection measure; (d) accept and implement orders and directives relating to the protection; (e) inform the Competent Authority of any criminal charge brought against him or deprivation of rights while under protection; impede the (f) agree to be under surveillance protection; and 6 GN. NO.59 (Contd.) Whistleblower and Witness Protection Obligations of Competent Authority (g) carry out other obligations as may be necessary by the Competent Authority. (2) Notwithstanding the provision of this regulation, where the protected person is a child or a person of unsound mind, a parent, guardian or social welfare officer shall ensure compliance with the requirements of subregulation (1). - 9 Verify source ↗
The Competent Authority shall
AI-assisted research summary: The Competent Authority must protect the protected person, give advance notice about conduct that could interfere with protection, explain basic needs and duration when necessary, provide counseling services, take all necessary measures, and cover relocation costs when relocation is required.
9. The Competent Authority shall- (a) uphold the right and freedom of the protected person to the extent that is deemed essential for his protection; (b) notify the protected person in advance to refrain from any activity that may impede the protection measure; (c) inform the protected person the basic needs to be provided to him and its duration where necessary; (d) ensure that the protected person gets necessary counseling services while under protection; (f) take all necessary measures (e) cover relocation costs where the protection measure entails relocation of the protected persons; and to ensure the effectiveness of the protection measures under the protection agreement. Termination of agreement - 10 Verify source ↗
(1) An agreement entered under these Regulations
AI-assisted research summary: A protection agreement must end if one of several listed events happens, and the Competent Authority must notify the protected person and related institutions.
10.-(1) An agreement entered under these Regulations shall be terminated- (a) upon the expiry of the validity period fixed in the agreement; (b) where the protected person voluntarily renounces the agreement; (c) where a child or person of unsound mind refuses, upon cessation of his legal incapacity, to consent to the continuation of the agreement in accordance with these Regulations; (d) where the conduct of the protected person renders ineffective the protection measure of himself or others; (e) where the protected person violates his obligations under regulation 8(1) (a); 7 GN. NO.59 (Contd.) Whistleblower and Witness Protection (f) where the circumstances that necessitated the protection ceases to exist prior to the expiry date of the agreement; or (g) upon death of the protected person; (2) Notwithstanding subregulation (1), a protection agreement or a special protection agreement in relation to child or a person of unsound mind shall be terminated on the grounds stipulated under paragraphs (a), (c), (g) and (h) of subregulation (1). (3) Where the Competent Authority is of the opinion that a protection agreement should be in accordance with regulation 10(1)(e), (f) and (g), it shall notify the protected person as to when and why the protection agreement is terminated and give him the opportunity to submit his opinion in writing. terminated (4) Where the protected person fails to submit his opinion within one month from receipt of notification issued under this regulation or where the opinion he has submitted is not acceptable, the Competent Authority shall terminate the protection agreement and notify the protected person accordingly. (5) Where protection agreement is terminated, the Competent Authority shall notify the termination to other relevant institutions. Extension of protection agreement - 11 Verify source ↗
(1) A protected person may apply to the Competent
AI-assisted research summary: A protected person may apply to the Competent Authority to extend a protection agreement.
11.-(1) A protected person may apply to the Competent Authority for extension of a protection agreement. (2) A protection agreement or special protection agreement entered into under these Regulations may be extended- (a) upon application by a protected person, parent, guardian or social welfare officer to the Competent Authority for extension; or (b) by the Competent Authority upon being satisfied that the threat which necessitated the protection still exists or another potential threat exists. 8 GN. NO.59 (Contd.) Whistleblower and Witness Protection PART III PROTECTION MEASURES Types of protection measures - 2 Verify source ↗
REASONS FOR DENIAL
AI-assisted research summary: Heading only: “Reasons for denial.”
2. REASONS FOR DENIAL: ……………………………… ……………………………… - 3 Verify source ↗
CONSENT OF MINISTER
AI-assisted research summary: The Minister of Constitutional and Legal Affairs may authorise a protected person to use a new identity.
3. CONSENT OF MINISTER ISSUED ON [DATE] PURPOSE] FOR: [INSERT SIGNATURE OF MINISTER/COMPETENT AUTHORITY DATE] DATE [INSERT 24 GN. NO.59 (Contd.) Whistleblower and Witness Protection Form No. 5 (Made under regulation 16(1)) CONSENT OF THE MINISTER REGARDING IDENTITY OF A PROTECTED PERSON I, …………………………………………………the Minister of Constitutional and Legal Affairs, pursuant to powers vested to me under the provisions of regulation 15, DO HEREBY authorise …………………………………….[insert name] of ……………………………………………[insert Competent Authority], whose identity and property ownership have been concealed to use his new identity in respect of a legal obligation applied for and dated on …………..[insert date]. protection protected person under the a Signed at ………………….this………day of…….., 20.. ………………………………… (signature) ………………………………………… (name) Minister of Constitutional and Legal Affairs Dodoma, 9th February, 2023 DAMAS DANIEL NDUMBARO, Minister for Constitutional and Legal Affairs 25
Part
PART III
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Types of protection measures
AI-assisted research summary: This section is titled “Types of protection measures” for whistleblower and witness protection.
12. Types of protection measures. 1 GN. NO.59 (Contd.) Whistleblower and Witness Protection - 13 Verify source ↗
Determining types of protection measures
AI-assisted research summary: This section is titled “Determining types of protection measures.”
13. Determining types of protection measures. - 16 Verify source ↗
Concealing identity and property ownership
AI-assisted research summary: This section is titled “Concealing identity and property ownership.”
16. Concealing identity and property ownership. - 17 Verify source ↗
Protected person in criminal matters
AI-assisted research summary: This section is titled “Protected person in criminal matters.”
17. Protected person in criminal matters. - 18 Verify source ↗
Interrogation and investigation of protected person
AI-assisted research summary: This section concerns interrogation and investigation of a protected person.
18. Interrogation and investigation of protected person. - 20 Verify source ↗
Restoration of original identity
AI-assisted research summary: Section 20 is titled “Restoration of original identity.”
20. Restoration of original identity. PART V REWARDS AND COMPENSATION - 12 Verify source ↗
Subject to section 10 and 11 of the Act, the
AI-assisted research summary: A Competent Authority may use specified protection measures for whistleblowers and witnesses, subject to sections 10 and 11.
12. Subject to section 10 and 11 of the Act, the following measures of protection may be employed by a Competent Authority in protecting whistleblowers and witnesses- (a) physical protection of a person, his residence and property; (b) concealment of identity of a person and ownership of any of his property; (c) provision of weapon for self-defence; (d) relocation; (e) provision of immunity from prosecution for an offence for which a person renders information or testifies; (f) prohibition of an accused person from reaching the protected person’s residence, work place or school before or after a final judgment is delivered on the wrongdoing for which information or evidence is rendered; (g) hearing evidence in camera, behind the screen or in disguising identity; (h) production of evidence by electronic devices or any other method; (i) suspension or revocation of any retaliatory administrative measures; (j) voice and face distortion techniques; or (k) any other measure that may be appropriate in accordance to the law. Determining types of protection measures - 13 Verify source ↗
In determining the type of protection measures to
AI-assisted research summary: When deciding what protection measures to use for a whistleblower or witness, the decision-maker must consider the listed factors.
13. In determining the type of protection measures to be employed in protecting a whistleblower or a witness, the following shall be taken into account- (a) nature of the imminent danger to which a person is exposed; (b) whether or not a person that is likely to be protected has a criminal record; (c) whether or not the intended protection measure entails a risk to the public; 9 GN. NO.59 (Contd.) Whistleblower and Witness Protection (d) the damage that the intended protection measure may cause to the rights and lawful benefits of another person; (e) health and living conditions of a person that is likely to be protected; (f) competence of a person that is likely to be protected to adapt himself with the intended protection measure; (g) cost to be incurred for the protection; (h) the relationship of the person that is likely to be protected with other protected persons; (i) obligations and limitations imposed on the person that is likely to be protected according to the law; and (j) in the case of a child or person of unsound mind, the best interests of child and welfare of a person of unsound mind seeking protection. PART IV CONCEALMENT OF IDENTITY AND PROPERTY OWNERSHIP
Part
PART V
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Compensation for detrimental actions
AI-assisted research summary: This section is titled “Compensation for detrimental actions.”
22. Compensation for detrimental actions. - 23 Verify source ↗
Criteria for determination of reward
AI-assisted research summary: This section sets out criteria for determining a reward.
23. Criteria for determination of reward. - 26 Verify source ↗
Reports
AI-assisted research summary: Section 26 is titled “Reports” and appears within Part VI, Miscellaneous Provisions.
26. Reports. PART VI MISCELLANEOUS PROVISIONS - 21 Verify source ↗
(1) Subject to the provisions of section 13 of the
AI-assisted research summary: A Competent Authority may reward a whistleblower who voluntarily gave original information that led to successful enforcement, and the Authority decides the reward amount.
21.-(1) Subject to the provisions of section 13 of the Act, a Competent Authority may reward a whistleblower who voluntarily provided original information to the Competent Authority that led to successful enforcement of the covered judicial or administrative action. (2) The determination of the amount to be rewarded under subregulation (1) shall be in the discretion of the Competent Authority. (3) A reward issued may be monetary or otherwise as the Competent Authority may deem fit. Compensatio n for detrimental actions - 22 Verify source ↗
Where a whistleblower or witness has suffered
AI-assisted research summary: If a whistleblower or witness suffers detrimental action after exposing wrongdoing, the competent authority may provide compensation or another remedy it considers fit.
22. Where a whistleblower or witness has suffered detrimental action such as unlawful termination, demotion, or any other form of discrimination after the exposure of the wrongdoing, the competent authority may compensate him with a reasonable amount or any other remedy as it deems fit. Criteria for determinatio n of reward - 23 Verify source ↗
In determining the reward to be issued under
AI-assisted research summary: When deciding a reward under regulation 21, the Competent Authority must consider listed factors such as the whistleblower’s information, assistance, law enforcement interests, originality, compliance participation, culpability, delay, and interference.
23. In determining the reward to be issued under regulation 21, the Competent Authority shall take into consideration the following- (a) the significance of the information provided by the whistleblower; (b) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower; (c) law enforcement interests; (d) originality of information; (e) participation in available compliance systems; (f) culpability; (g) unreasonable reporting delay; and (h) interference with reporting systems. 13 GN. NO.59 (Contd.) Whistleblower and Witness Protection Procedure for issuance of reward Denial of reward - 24 Verify source ↗
Prior to issuing a reward, the Competent
AI-assisted research summary: Before issuing a reward, the Competent Authority must require a whistleblower to provide the information needed to issue the reward.
24. Prior to issuing a reward, the Competent Authority shall require a whistleblower to submit necessary information that enables such competent Authority to effect issuance of reward. - 25 Verify source ↗
A person shall not be rewarded as a whistleblower
AI-assisted research summary: A person cannot be rewarded as a whistleblower if they meet certain disqualifying conditions.
25. A person shall not be rewarded as a whistleblower where that person- (a) is or was at the time he acquired the original information in the course of his work submitted to the Competent Authority, a member, officer or employee of- (i) (ii) an appropriate regulatory authority; a public authority accounting oversight institution; or a law enforcement agency; (iii) (b) is convicted of a criminal offence related to an action for which he otherwise could be rewarded; or (c) who gains the performance of an audit of financial statements required under any written law. information through the Reports - 26 Verify source ↗
A Competent Authority shall, within three months
AI-assisted research summary: A Competent Authority must submit a report to the Minister within three months after the financial year starts.
26. A Competent Authority shall, within three months after the commencement of the financial year, through the respective Ministry, submit to the Minister a report on- (a) a whistleblower reward program; (b) a description of rewards granted in a preceding financial year; (c) compensation paid to witness and whistleblower; (d) the types of cases in which rewards were granted during the preceding fiscal year; and (e) any other expenses incurred for the protection of witness and whistleblower. 14 GN. NO.59 (Contd.) Whistleblower and Witness Protection PART VI MISCELLANEOUS PROVISIONS Confidentiality
Part
PART VI
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Offences relating to protected persons
AI-assisted research summary: This section is titled “Offences relating to protected persons.”
28. Offences relating to protected persons. 2 GN. NO.59 (Contd.) Whistleblower and Witness Protection THE WHISTLEBLOWER AND WITNESS PROTECTION ACT, (CAP. 446) ________ REGULATIONS _______ (Made under section 15) THE WHISTLEBLOWER AND WITNESS PROTECTION REGULATIONS, 2023 PART I PRELIMINARY PROVISIONS Citation - 27 Verify source ↗
(1) Any record or information relating to a
AI-assisted research summary: Protected-person information must be kept confidential, and the Minister may disclose it only for listed reasons.
27.-(1) Any record or information relating to a protected person shall be treated and kept in confidentiality. (2) Notwithstanding the provisions of subregulation (1), the Minister may disclose the information where: (a) a protected person or a former protected person consents to the disclosure; (b) a protected person or a former protected person has already disclosed the information; (c) the evidence of the protected person or former protected person is necessary to prove the innocence of another suspect in the criminal case; or (d) the disclosure of information is necessary in the investigation of a criminal offence punishable with more than seven years imprisonment or death. (e) any other reason the Minister may deem fit. (2) In determining whether or not to disclose information relating to a protected person, the Minister shall take into account the impact of disclosure on the protected person or former protected person and availability of alternative measures other than disclosure. (3) A person to whom information is disclosed under this regulation shall use such information only for the purpose for which it has been disclosed. - 28 Verify source ↗
A protected person who
AI-assisted research summary: A protected person commits an offence if they knowingly give false or incomplete information, fail to return related identification documents without good cause, or do things that may hinder the protection measure.
28. A protected person who- (a) knowingly fails to provide true, accurate or complete information or evidence to a case which is the subject matter of the protection agreement; (b) without good cause fails to return the new identification or other related documents in accordance with these Regulations; or (c) refrains from activities that may impede the protection measure, commits an offence and shall, upon conviction, be liable to a fine of not less than five hundred thousand shillings but not 15 Offences relating to protected persons GN. NO.59 (Contd.) Whistleblower and Witness Protection exceeding one million shillings or to imprisonment for a term not less than six months but not exceeding twelve months or to both. 16 GN. NO.59 (Contd.) Whistleblower and Witness Protection SCHEDULE (Made under regulation 4(1)) Form No. 1 APPLICATION FOR PROTECTION BY A WHISTLEBLOWER OR WITNESS
Part
PART I
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These Regulations may be cited as
AI-assisted research summary: This section says these Regulations may be cited as the Whistleblower and Witness Protection Regulations, 2023.
1. These Regulations may be cited as the Whistleblower and Witness Protection Regulations, 2023. Interpretation - 2 Verify source ↗
In these Regulations, unless the context otherwise
AI-assisted research summary: This section defines key terms used in these Regulations, including “Act,” “Competent Authority,” “protected person,” “relocation,” and “wrongdoing.”
2. In these Regulations, unless the context otherwise Cap. 446 Cap. 13 requires- “Act” means the Whistleblower and Witness Protection Act; “child” has the meaning ascribed to it under the Law of the Child Act; “Competent Authority” means- (a) in the case of a wrongdoing committed within a public or private institution, a head or senior person of that institution who has an authority to investigate the wrongdoing reported or, where the matter is beyond his powers, to forward the same to for another investigation; responsible institution (b) in the case of a wrongdoing that is committed outside a public or private institution, a senior person who has an authority to investigate the wrongdoing reported; and (c) an institution, a head or senior person of an institution vested with powers to investigate such a wrongdoing disclosed by a whistleblower; ‘‘covered judicial or administrative action’’ means any judicial or administrative action brought by the Competent 3 GN. NO.59 (Contd.) Whistleblower and Witness Protection and Authority Authority under any written law that results in judicial or administrative sanctions; “law enforcement agencies” includes the Police Force, Combating of Corruption Bureau, Prevention and Security Services Agency, Tanzania Intelligence and Tanzania Wildlife Conservation like institutions; “Minister” means the Minister responsible for legal affairs; “protection agreement” means an agreement made pursuant to regulation 6; “protected person” means a person who enters into agreement with a Competent Authority for protection under these Regulations; “relocation” means a type of protection measure that involves temporary or permanent resettling of a protected person from one place to another or from one prison to another; “special protection agreement” means an agreement made pursuant to regulation 7; and “wrongdoing” means any of the matters specified under section 4 of the Act. PART II DISCLOSURE AND APPLICATION FOR PROTECTION Procedure when disclosure is made Application for protection
Part
PART IV
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(1) Where the Competent Authority intends to
AI-assisted research summary: The Competent Authority must apply to the Minister if it wants to conceal a whistleblower’s or witness’s identity; the Minister may order concealment in some cases, and the protected identity must be recorded and kept confidential.
14.-(1) Where the Competent Authority intends to conceal the identity of a whistleblower or witness it shall submit an application to the Minister for concealment of identity in the manner set out in Form No. 4 prescribed in the Schedule. (2) Where the Minister, upon consultation with the Attorney General is satisfied that other types of protection measures are incapable of protecting the security of a whistleblower or witness, he may order concealment of identity of that person. (3) Subject to the provisions of subregulation (1), the Minister shall cause the particulars or the original and the new identity of the protected person to be entered in the Register designed for such purpose and such Register shall be kept in such a way that unauthorized persons may not trace the original identity of the protected person from the new identity or vice versa. 10 Concealment of identity and Property GN. NO.59 (Contd.) Whistleblower and Witness Protection Issuance of new personal documents Concealing identity and property ownership Protected person in criminal matters (4) Notwithstanding the provisions of subregulation (1), in effecting protection of a whistleblower or a witness, the concealment of identity shall not- (a) affect the rights of third parties, marriage, paternity or maternity; and (b) be used for issuance of a professional certificate that a whistleblower or witness does not rightly possess.
Part
Schedule.
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Any institution that is authorised to issue
AI-assisted research summary: An authorised issuing institution must issue appropriate new documents to a protected person, using information provided by the Minister.
15. Any institution that is authorised to issue identification and other related documents shall issue appropriate new documents to the protected person on the basis of information provided to it by the Minister. - 16 Verify source ↗
(1) A protected person, whose identity or
AI-assisted research summary: A protected person with concealed identity or property ownership may enter into a legal obligation only with written Ministerial consent in Form 5. If the request is refused, the person may notify the Minister and appoint an agent to act in the person's real name.
16.-(1) A protected person, whose identity or property ownership has been concealed, may enter into a legal obligation upon obtaining a written consent of the Minister granted in the manner prescribed in Form 5 of the Schedule. (2) Where the request submitted to the Minister under this regulation is not accepted, the protected person may, upon notifying the Minister, appoint an agent to enter into a legal obligation in his real name. - 17 Verify source ↗
(1) A protected person whose identity has
AI-assisted research summary: A protected person with changed identity must not appear in court as an accused or witness for earlier matters, unless the court orders otherwise.
17.-(1) A protected person whose identity has changed shall not appear before any court as: (a) an accused for an offence he committed before being protected; or (b) a witness in criminal proceedings whose subject matter took place before being protected. (2) Notwithstanding the provisions of subregulation (1), where in the interests of justice a protected person whose identity has concealed should appear in court as an accused or a witness, the court may, upon application by the Director of Public Prosecutions, accused or a witness, order the appearance of the protected person before the court. (4) The court shall conduct the proceedings under this regulation in such a way that the appearance of the protected person may not render the protection ineffective. 11 GN. NO.59 (Contd.) Whistleblower and Witness Protection Interrogation and investigation of protected person - 18 Verify source ↗
Where a Competent Authority requires a
AI-assisted research summary: A Competent Authority may interrogate or investigate a protected person if needed, but only if the process does not make the protection ineffective.
18. Where a Competent Authority requires a protected person for purposes of interrogation or investigation it may proceed to interrogate or investigate the protected person provided that such interrogation or investigation shall not render protection ineffective. Protected person in civil suit - 19 Verify source ↗
(1) A protected person may, where it is deemed
AI-assisted research summary: A protected person may appear in a civil case in their original identity if necessary and with the Minister’s consent; the Minister may also require representation by an agent and must ensure certain disclosure in execution cases.
19.-(1) A protected person may, where it is deemed necessary and with the consent of the Minister, appear as a party or witness in a civil proceeding in his original identity. (2) Where the Minister is satisfied that appearance of a protected person in a civil proceeding in his original identity may prejudice the protection, he may direct that such person be represented by his agent. (3) Where a protected person is a judgment debtor, the Minister shall ensure that the disclosure of his property and other interest is made available in its original identity to the judgment holder and the court for the purpose of execution. Restoration of original identity - 20 Verify source ↗
(1) The Minister may, upon notifying the
AI-assisted research summary: The Minister may restore a protected person’s original identity if the stated conditions are met, and the protected person must return the new identity documents.
20.-(1) The Minister may, upon notifying the protected person and giving him an opportunity to submit his opinion, restore the original identity of a protected person where he is satisfied that: (a) the time prescribed in the protection agreement has expired; or (b) protection measures other than change of identity is sufficient to ensure the security of the protected person: Provided that, the restoration of original identity may not entail major impact on the status of third parties such as marriage and paternity or maternity. (2) A protected person shall, upon restoration of his original identity, return the new personal identification and other related documents to the Minister. (3) The Minister shall, upon receipt of personal identification under subregulation (2), cause the protected person to be provided with personal identification and other related documents in his original identity by the concerned institutions. 12 GN. NO.59 (Contd.) Whistleblower and Witness Protection (4) The legal rights and obligations of the protected person accrued in his new identity shall remain intact after restoration of the original identity. PART V REWARDS AND COMPENSATION Issuance of reward
Part
SCHEDULE
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PARTICULARS OF THE APPLICANT
AI-assisted research summary: This section lists the personal and contact details to be provided by the applicant.
1. PARTICULARS OF THE APPLICANT Name: Gender: Identity Number: (if any) Tribe: Marital Status: Age: Nationality: Postal Address: Religion: Occupation: Physical address: street/village ………………………., Area……….…., Block No. ………. Plot No. ……….., nearby ………………………..,Ward…………………….Division……………………………, District………………………….., Region………… Email address: ……………. Phone number:………………………….Any other contact: ……………………….. - 2 Verify source ↗
PARTICULARS OF THE PERSON MAKING APPLICATION ON BEHALF OF THE
AI-assisted research summary: This form asks for the details of any person making an application on behalf of the applicant, including the reason for acting on the applicant’s behalf.
2. PARTICULARS OF THE PERSON MAKING APPLICATION ON BEHALF OF THE APPLICANT (if any) Name: Gender: Tribe: Relationship with the applicant: Identity Number: (if any) Age: Religion: Nationality: Marital Status: Postal Address: Physical address: street/village ………………………………………, Area……., Plot No. ………. Block No. ……….., nearby ………………………………………., Ward……………………. Division……………………………, District………………………….., Region………… Occupation:……………………… . Email address: ……………. Phone number:………………………….Any other contact: ……………………….. State the reason why the application is made on behalf of the applicant: - 3 Verify source ↗
PARTICULARS OF THE PERSON(S)/INSTITUTION AGAINST WHOM DISCLOSURE IS
AI-assisted research summary: This section requires the form to be completed with the particulars of the person or institution against whom disclosure is made.
3. PARTICULARS OF THE PERSON(S)/INSTITUTION AGAINST WHOM DISCLOSURE IS MADE * Name/physical appearance: Postal Address: (if any) Phone number:…………………… Other particulars:………………………… Physical address: street/village …………………… nearby …………………………………., Ward……………………. Division……………………………, District………………………….., Region………… Occupation:…………………….. 17 GN. NO.59 (Contd.) Whistleblower and Witness Protection *This part should be filled severally where disclosure is against more than one person (attach extra copies) - 4 Verify source ↗
DETAILS/CONTENT/PARTICULARS OF DISCLOSURE
AI-assisted research summary: This form is for recording disclosure details and witness information in civil or criminal proceedings.
4. DETAILS/CONTENT/PARTICULARS OF DISCLOSURE PART A:(to be filled by all) I ………………………………………………… who formerly disclosed information/evidence on (Summarise the information/evidence you disclosed) ....................................................................................................................................... …………………………………………………………………………………………….. .............................................................................................................................................. PART B: (to be filled by a witness in Civil Proceedings) I …………………………………….. between......................................................................................vs……………………………….. At (Court)…………… ................................................................... District………….Region…………… before ……………………….. on ……………………… Jurisdiction:……………………………. (other than Mainland Tanzania) a witness willing the matter testify in to ......................................................... PART C: to be filled by witness in Criminal Proceedings I ……………………………………………….. a witness willing to testify in a criminal case No. ………… at the……………………………….(Court) In the Between .................................................... District……….. Region……………………… Jurisdiction ………………………(other Mainland Tanzania) with ................................................................................................................................. vs.................................................before offence regard than the to of
Part
PART C: to be filled by witness in Criminal Proceedings
- 5 Verify source ↗
DECLARATION
AI-assisted research summary: This section is a declaration form for a protection application, and it warns that knowingly false or misleading statements are an offence.
5. DECLARATION I ………………………………………………declare that I have reason to believe that due to the of information/evidence my ……………………………………….…………….(mention person/persons/property) in danger. I pray for protection from………………................................................... against ………………………………………………….................................................................................... and/or safety safety given is/are ................................................................................................................................................................ It is my prayer that the protection measures should be (mention nature of a protection measures being requested) ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… …………………………………… (Signature/ Right thumbprint of Applicant/his representative) Place ……………………………………….. date…………………………….. Where the applicant is a child /person of unsound mind, the application may be witnessed by the parent/guardian/ social welfare officer ………………………………………………………… Signature of the parent/guardian/social welfare officer Place……………………………… date………………………………… 18 GN. NO.59 (Contd.) Whistleblower and Witness Protection I............................................................................................. hereby declare that the above-mentioned information is true to the best of my knowledge, and that I am aware of the fact that it is an offence if I wilfully furnish information or make a statement which is false or misleading. ……………………………………………. Signature of the Applicant/Representative FOR OFFICIAL USE: I …………………………………. (name of the officer received the application) the …………………………………………, (title/qualification) I hereby acknowledge the receipt of the application from…………………………………………………………. on ……………..this ………..date of…………………………………………. ………….. Signature Official Seal 19 GN. NO.59 (Contd.) Whistleblower and Witness Protection Form No. 2 (Made under regulation 6(1)) PROTECTION AGREEMENT This Protection Agreement is entered on …………at …………………between ………………………….who hereinafter shall be known as a protected person or is a ……………………as a parent/guardian of……………………………who child/person mind and……………………………….of……………………………..who hereinafter shall be known as the Competent Authority. unsound of The Parties to this Agreement agree as follows: - 1 Verify source ↗
That this Agreement shall be valid for a period of ……………………ending
AI-assisted research summary: The agreement is valid for a stated period ending on a stated date, and it may be extended.
1. That this Agreement shall be valid for a period of ……………………ending on……………………………and may be extended. - 2 Verify source ↗
That the Protected Person undertakes to
AI-assisted research summary: The protected person must follow the listed protection conditions and cooperate with the Competent Authority or police.
2. That the Protected Person undertakes to: (a) provide true, accurate and complete information or evidence for investigation or prosecution to the case which is the subject matter of the protection agreement; (b) provide necessary information as to his identity and address; (c) refrain from activities that may impede the protection measure; (d) accept and implement orders and directives relating to the (e) protection; inform the Competent Authority or police as the case may be of any criminal charge brought against him or deprivation of rights while under protection; (f) agree to be under surveillance protection; and (g) carry out other obligations as may be necessary by the Competent Authority or police. - 3 Verify source ↗
That in the case of the protected person who is a child or a person of unsound
AI-assisted research summary: If the protected person is a child or a person of unsound mind, the parent or guardian must ensure the protected person’s obligations under Article 2 are fulfilled.
3. That in the case of the protected person who is a child or a person of unsound mind, the Parent/Guardian undertakes to ensure that the obligations of the Protected Person under Article 2 are fulfilled. - 4 Verify source ↗
That the Competent Authority undertakes to
AI-assisted research summary: The Competent Authority must carry out several protection measures for a protected person, including upholding their rights, warning them in advance about harmful activities, providing basic-needs information, arranging counselling if needed, and paying relocation costs when relocation is required.
4. That the Competent Authority undertakes to: (a) uphold the right and freedom of the protected person to the extent that is deemed essential for his protection; (b) notify the protected person in advance to refrain from any activity (c) that may impede the protection measure; inform the amount of cost of basic needs to be provided to the protected person and its duration where necessary; (d) ensure that the protected person get the necessary counselling services while under protection, if necessary; (e) cover relocation costs where the protection measure entails (f) relocation of the protected persons; and take all necessary measures to ensure the effectiveness of the protection measures under the protection agreement. 20 GN. NO.59 (Contd.) Whistleblower and Witness Protection - 5 Verify source ↗
That the Agreement shall be considered to be terminated upon
AI-assisted research summary: The Agreement is treated as terminated when the agreement’s validity period expires or when the protected person dies.
5. That the Agreement shall be considered to be terminated upon: the expiry of the validity period fixed in the agreement; (a) (b) the death of the protected person. - 6 Verify source ↗
That the Competent Authority may terminate the Agreement, after fulfilling
AI-assisted research summary: The Competent Authority may terminate the Agreement if the Regulation 10 conditions are met and one of the listed circumstances exists.
6. That the Competent Authority may terminate the Agreement, after fulfilling the conditions stipulated under Regulation 10 of these Regulations, upon: (a) where the conduct of the protected person renders ineffective the protection measure of himself or others; (b) where the protected person violates his obligations under this Agreement; (c) where the circumstances that necessitated the protection ceases to exist prior to the expiry date of the agreement. - 7 Verify source ↗
That the Protected Person may terminate the Agreement where
AI-assisted research summary: The protected person may terminate the agreement if the stated written-renunciation or consent conditions are met.
7. That the Protected Person may terminate the Agreement where: (a) he voluntarily renounces the agreement in writing;* (b) in the case of an agreement entered under regulation 5(2), termination of the agreement is demanded, in writing, by the parent or guardian of the protected person;** and in the case of a child or a person of unsound mind, the child or a person of unsound mind refuses, upon cessation of his legal incapacity, to consent to the continuation of the agreement in accordance with Regulation 5(3).** (c) These presents have been executed and approved in the manner and on the day and year hereinafter appearing: SIGNED BY:……………………………. NAME: ………………………………….. SIGNATURE: …………………………... CAPACITY: PROTECTED PERSON/PARENT/GUARDIAN OF THE PROTECTED PERSON DATE:……………………………………. PLACE:………………………………….. SIGNED BY: NAME: ………………………………………….. SIGNATURE: ………………………………….. CAPACITY: ……………………………………... DATE:…………………………………………….. PLACE:…………………………………………… shall not apply to a child or a person of unsound mind • ** shall not apply to a person of the age of majority and of sound mind 21 GN. NO.59 (Contd.) Whistleblower and Witness Protection (Made under regulation 7(1)) SPECIAL PROTECTION AGREEMENT Form No. 3 This Special Protection Agreement is entered on ……………..(date) at …………………(place) between ………………………….. (name of social welfare officer) of …………………………… acting on behalf of ………………………………………(name of the child/person of unsound mind) who hereinafter shall be known as the protected person and……………………………….(name of the Competent Authority) of……………………………..(postal address) who hereinafter shall be known as the Competent Authority. The Parties to this Agreement agree that: - 8 Verify source ↗
This Agreement shall be valid for a period of ……………………(days) ending
AI-assisted research summary: The agreement is valid for a stated number of days ending on a stated date, and it may be extended.
8. This Agreement shall be valid for a period of ……………………(days) ending on……………………………(date) and may be extended. - 9 Verify source ↗
The Social Welfare Officer undertakes to ensure that the protected person shall
AI-assisted research summary: The protected person must provide information, comply with protection orders, and notify the Competent Authority of certain changes or charges; the Social Welfare Officer must ensure this compliance.
9. The Social Welfare Officer undertakes to ensure that the protected person shall: (h) provide true, accurate and complete information or evidence for investigation or prosecution to the case which is the subject matter of the protection agreement; (i) provide necessary information as to his identity and address; (j) refrain from activities that may impede the protection measure; (k) accept and implement orders and directives relating to the protection; (l) inform the Competent Authority of any criminal charge brought against him or deprivation of rights while under protection; (m) agree to be under surveillance protection; and (n) carry out other obligations as may be necessary by the Competent Authority. - 10 Verify source ↗
The Competent Authority undertakes to
AI-assisted research summary: The Competent Authority must protect the protected person, give advance notice about activities that could interfere with protection, coordinate with social welfare where needed, provide counselling where needed, pay relocation costs if relocation is part of the protection measure, and take other necessary steps to make the protection effective.
10. The Competent Authority undertakes to: (a) uphold the right and freedom of the protected person to the extent that is deemed essential for his protection; (b) notify the protected person in advance to refrain from any activity that may (c) impede the protection measure; inform the social welfare officer on behalf of the protected person on the basic needs to be provided to him and its duration, where necessary; (d) ensure that the protected person gets necessary counselling services while under protection, where necessary; (e) cover relocation costs where the protection measure entails relocation of the (f) protected persons; and take all necessary measures to ensure the effectiveness of the protection measures under the protection agreement. - 11 Verify source ↗
The Agreement shall be considered to be terminated upon
AI-assisted research summary: The agreement is treated as terminated when the agreed validity period expires or when the protected person dies.
11. The Agreement shall be considered to be terminated upon: the expiry of the validity period fixed in the agreement; (c) (d) the death of the protected person. - 12 Verify source ↗
(1) The Competent Authority may, with the approval of the Resident Magistrates` Court,
AI-assisted research summary: The Competent Authority may terminate the Agreement, but only with Resident Magistrates' Court approval and if the circumstances that required protection have ended before the agreement expires.
12. (1) The Competent Authority may, with the approval of the Resident Magistrates` Court, terminate the Agreement where the circumstances that necessitated the protection ceases to exist prior to the expiry date of the agreement. (2) The Court in making its determination for termination of the agreement shall consider the best interest of the child and welfare of the person of unsound mind who is the Protected Person. - 13 Verify source ↗
The Social Welfare Officer may, with the approval of the Court, terminate the Agreement
AI-assisted research summary: The Social Welfare Officer may terminate the Agreement only with Court approval and only in the stated circumstances.
13. The Social Welfare Officer may, with the approval of the Court, terminate the Agreement where: 22 GN. NO.59 (Contd.) Whistleblower and Witness Protection (d) in the case of an agreement entered under regulation 6(2), termination of the agreement is demanded, in writing, by the parent or guardian of the protected person after being found; the child or a person of unsound mind refuses, upon cessation of his legal incapacity, to consent to the continuation of the Agreement. (e) These presents have been executed and approved in the manner and on the day and year hereinafter appearing: These presents have been executed and approved in the manner and on the day and year hereinafter appearing: SIGNED BY: NAME: ………………………………………… SIGNATURE: …………………………………. QUALIFICATION ……………………………. INSTITUTION:………………………………… DATE :………………………………………….. PLACE :…………………………………………. SIGNED BY: NAME: ………………………………………….. SIGNATURE: …………………………………... QUALIFICATION: ……………………………. INSTITUTION:…………………………………. DATE :…………………………………………... PLACE :…………………………………………. APPROVED BY: NAME: ………………………………………….. SIGNATURE: ………………………………….. QUALIFICATION: …………………………… DATE:…………………………………………… PLACE:…………………………………………. 23 GN. NO.59 (Contd.) Whistleblower and Witness Protection Form No. 4 APPLICATION FOR MINISTERS` CONSENT FOR ENTERING LEGAL OBLIGATION USING NEW IDENTITY (Made under regulation 14(1) PART 1 (To be filled by the Applicant or in the case of a child or a person of unsound mind the competent person)
Part
PART 1
- 1 Verify source ↗
Section 1
AI-assisted research summary: A protected person, parent/guardian, or social welfare officer may apply to the Minister for consent relating to a legal obligation to be entered into using a new identity.
1. I, ……………………………….[insert name] a Protected Person/ or parent/guardian or Social Welfare Officer representing ………..[a Protected Person] under the protection of [Competent Authority], apply for the Consent of the Minister in respect of a legal obligation that I desire to enter into, using my new identity. - 2 Verify source ↗
The
AI-assisted research summary: This section is a form section for stating the legal obligation being entered into and for completing date, place, signature, and official seal details.
2. The legal obligation I intend to enter …………………………………………………………..[explain attach any relevant documents]. into is in detail and Dated ……………...at ……….[Place] [Date Received] [Signature] [Official Seal] PART II (For Official Use) STATUS OF APPLICATION
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THE WHISTLEBLOWER AND WITNESS PROTECTION REGULATIONS 2023
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