THE WITCHCRAFT ACT, 1928

3. Offence relating to possession, supply and use of instruments of witchcraft, etc.

7. Employing or soliciting use of witchcraft or instruments of witchcraft.

8. District Commissioners may order persons practicing witchcraft to reside in certain places.

9. Penalties incurred under other laws not excluded. 737 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. CHAPTER 18 THE WITCHCRAFT ACT An Act to provide for the punishment of witchcraft and of certain acts connected therewith. [28th December, 1928] Ords. Nos. 33 of 1928 25 of 1935 45 of 1956 Acts Nos. 12 of 1998 3 of 2009 3 of 2011 Short title

1. This Act may be cited as the Witchcraft Act. Interpretation Ord. No. 45 of 1956 s. 2 Cap. 11

2. In this Act unless the context otherwise requires- “court” includes a local court as defined in the Magistrates Courts Act; “instrument of witchcraft” means anything which is used or intended to be used or is commonly used, or which is represented or generally believed to possess the power, to prevent or delay any person from doing any act which he may lawfully do, or to compel any person to do any act which he may lawfully refrain from doing, or to discover the person guilty of any alleged crime or other act of which complaint is made, or to cause death, injury or disease to any person or damage to any property, or to put any person in fear, or by supernatural means to produce any natural phenomena, and includes charms and medicines commonly used for any of the purposes aforesaid; “police force” means the Tanzania Police Force; “public officer” means any employee of Government or of a local government authority; and 738 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE WITCHCRAFT ACT [CAP. 18 R.E. 2023] Offence relating to possession, supply and use of instruments of witchcraft, etc. Ord. No. 45 of 1956 s. 3 Cap. 458 “witchcraft” includes sorcery, enchantment, bewitching, the use of instrument of witchcraft, the purported exercise of any occult power and the purported possession of any occult knowledge.

3. A person who- (a) by his statements or actions represents himself to have the power of witchcraft; (b) makes, uses, has in his possession or represents himself to possess any instruments of witchcraft; (c) supplies to any other person any as to the instrument of witchcraft; (d) advises any other person upon the use of witchcraft or any instrument of witchcraft; or (e) threatens to use or resorts to the use of witchcraft or any instrument of witchcraft upon or against any person or property, commits an offence under this Act. Accusation of witchcraft Ord. No. 45 of 1956 s. 4

4. A person, otherwise than in the course of communicating information to or obtaining advice from a court, a member of the police force, a local government authority or any public officer- (a) whether with or without any of the intents mentioned in subsection (1) of section 5, names or indicates any person as being a witch or wizard by imputing to him the use of witchcraft or any instrument of witchcraft with intent to cause injury or misfortune to any person or class of persons or to cause damage to any property; or (b) with any of the intents mentioned in subsection (1) of section 5, names or indicates any person as being a witch or wizard, commits an offence under this Act. 739 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE WITCHCRAFT ACT [CAP. 18 R.E. 2023] Penalty Ord. No. 25 of 1935 s. 2 Acts Nos. 12 of 1998 Sch. 3 of 2009 s. 35 GNs. Nos. 149 of 1961 236 of 1961

5.–(1) A person who commits an offence under this Act with intent to cause death, disease, injury, or misfortune to any community, class of persons, person, or animal, or to cause injury to any property on conviction shall be liable to imprisonment of not less than seven years. (2) A person who commits an offence under this Act without any intent such as is described in subsection (1) shall on conviction be liable to a fine of not less than one hundred thousand shillings or imprisonment of not less than five years. Abetting and attempts

6. A person who abets or attempts to commit an offence under this Act commits such an offence. Employing or soliciting use of witchcraft or instruments of witchcraft Ord. No. 45 of1956 s. 5 District Commissioners may order persons practicing witchcraft to reside in certain places Act No. 3 of 2011 s. 13

7. A person who employs or solicits any other person to resort to the use of witchcraft or any instrument of witchcraft for any purpose whatsoever commits an offence.

8.–(1) Where it is reported to the District Commissioner that a person is suspected of practicing witchcraft, and the District Commissioner, after due inquiry, is satisfied that the person so suspected causes or is likely to cause fear, annoyance or injury in mind, person or property to any other person by means of pretended witchcraft or is practicing witchcraft for gain or reward, he may, for reasons to be recorded, order the person so suspected to reside in any specified locality within his district until such order is varied or revoked, and further or in the alternative may order such person to report to the District Commissioner or to a local authority at such intervals not being less than seven days as he shall direct until such order is varied or revoked. (2) An order made under this section shall with the reasons therefore be forthwith reported by the District Commissioner to the Regional Commissioner of his Region. (3) Every report made under subsection (2) shall be accompanied by a record of the inquiry. 740 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE WITCHCRAFT ACT [CAP. 18 R.E. 2023] (4) The Regional Commissioner may suspend, reverse or vary any order made under subsection (1) and shall report such order and the action taken thereon to the President, and any such order of the District Commissioner or Regional Commissioner may at any time be disallowed or varied by the President. (5) The power of a Regional Commissioner to vary an order under this section shall include a power to direct that the person in regard to whom the order is made reside in any specified locality within the Region and shall report, at such intervals as aforesaid, to any District Commissioner or local authority in such locality. (6) The power of the President to vary an order under this section shall include a power to direct that the person in regard to whom the order is made reside in any specified locality in Tanzania and report at such intervals as aforesaid to any District Commissioner or local authority in such locality. (7) A person who without lawful excuse refuses or neglects to obey an order lawfully made under this section is liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years. Penalties incurred under other laws not excluded

9. This Act shall not affect the liability of any person to any penalty which he may incur under any other law, provided that no person shall be punished twice for the same act. 741 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.