Tanzania Act or statute

Parliament of Tanzania

The Extradition Act, 1965

The Minister may order a magistrate to take evidence for a criminal matter in another country, and the magistrate must record, certify, and send it to the Minister. A surrendered person generally…

court procedurecriminal offencescross-border surrenderextraditiongovernment compliancegovernment processlegislative changewitness evidence

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01

Purpose and legislative effect

“The Minister may order a magistrate to take evidence for a criminal matter in another country, and the magistrate must record, certify, and send it to the Minister.”

The Minister may order a magistrate to take evidence for a criminal matter in another country, and the magistrate must record, certify, and send it to the Minister. A surrendered person generally cannot be tried in Tanzania for earlier offences until returned or given a chance to return, except for crimes proved by the surrender facts. This section says certain countries are treated as countries to which Part II applies, unless displaced by orders under section 3 or 27. This section repeals three listed fugitive-criminals/offenders laws and disapplies the UK Fugitive Offender Act, 1881. This schedule lists crimes that are treated as extradition crimes.

02

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    Enacted 1965. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Trial of criminal surrendered

A surrendered person generally cannot be tried in Tanzania for earlier offences until returned or given a chance to return, except for crimes proved by the surrender facts.

Section 30

Transitional provisions

This section says certain countries are treated as countries to which Part II applies, unless displaced by orders under section 3 or 27.

Section 31

Omitted

This schedule lists crimes that are treated as extradition crimes.

Section 33

04

Source and current-law status

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Source record from oagmis.oag.go.tz · Enacted 1965

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Showing 5 of 5 provisions

Offence 2Repeal 2Commencement
§ 29Taking of evidence in Tanzania for foreign criminal mattersOffence

The Minister may order a magistrate to take evidence for a criminal matter in another country, and the magistrate must record, certify, and send it to the Minister.

29.–(1) Subject to section 28(2), the Minister may, by order, require a magistrate to take evidence for the purpose of any criminal matter pending in any court or tribunal in any other country. (2) A magistrate shall, upon the receipt of an order made under this section, take down in writing the evidence of every witness appearing before him for the purpose in like manner as if the witness appeared in a preliminary inquiry and shall certify at the foot of the deposition so taken that the evidence was taken before him, and shall transmit it to the Minister. (3) The evidence may be taken in the presence or absence of the person charged, if any, and the fact of the presence or absence shall be stated in the deposition. (4) A person may, after payments or tender to him of a reasonable sum for his costs and expenses in this behalf, be compelled, for the purposes of this section to attend and give evidence answer questions and produce documents in like manner and subject to like conditions as he may in the case of a trial for an offence. [s. 26] PART VI CRIMINALS SURRENDERED TO TANZANIA
Section 29Verify source

Part

PART VI

§ 30Trial of criminal surrenderedRepeal

A surrendered person generally cannot be tried in Tanzania for earlier offences until returned or given a chance to return, except for crimes proved by the surrender facts.

30.–(1) Subject to subsection (2) where in pursuance of an agreement with another country any person accused or convicted of any crime described in the Schedule is surrendered by that country, that person shall not, until he has been restored or had an opportunity of returning to that country, be triable or tried for any offence committed prior to his surrender to Tanzania other than any of the crimes which may be proved by the facts on which the surrender is grounded. (2) This section shall not apply in relation to a person surrendered or returned to Tanzania by a country to which Part III applies. [s. 27] 225 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EXTRADITION ACT [CAP. 368 R.E. 2023] Transitional provisions 44 and 45 Vict. R.L. Cap. 22 R.L. Cap. 22 PART VII TRANSITIONAL PROVISIONS, REPEAL AND APPLICATION
Section 30Verify source

Part

PART VII

§ 31Transitional provisionsCommencement

This section says certain countries are treated as countries to which Part II applies, unless displaced by orders under section 3 or 27.

31.–(1) Subject to any order made under section 3 or 27- (a) a country to which Part I of the Fugitive Offenders Act, 1881, as in force in Tanzania, applied immediately before the commencement of this Act; and (b) a country to which the Fugitive Criminals Surrender the immediately applied before Ordinance commencement of this Act, shall be a country to which Part II of this Act applies. (2) The application of Part II of this Act by subsection (1) shall have effect- (a) in the case of a country to which subsection (1)(a) refers- (i) notwithstanding that an agreement shall not have been made with that country or that the terms of an agreement shall not be embodied in any order; and (ii) notwithstanding that no such provision or agreement as is referred to in section 19(1)(a) is in force in or has been made with that country, unless a provision is made by the Minister in an order under this section applying that paragraph to that country, the surrender of a fugitive criminal to that country shall not be refused on the grounds set out in that paragraph; or (b) in the case of a country to which subsection (1)(b) refers, as if the terms of the relevant agreement and the conditions, exceptions and qualifications specified in any order made under the Fugitive Criminals Surrender Ordinance and in force immediately before the commencement of this Act, had been specified by order made under this Act. [s. 28] 226 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EXTRADITION ACT [CAP. 368 R.E. 2023] Repeal, disapplication and amendment of laws Order. No 22 of 1921
Section 31Verify source
§ 32Repeal, disapplication and amendment of lawsRepeal

This section repeals three listed fugitive-criminals/offenders laws and disapplies the UK Fugitive Offender Act, 1881.

32.–(1) [Repeals the Fugitive Criminals Surrender Ordinance of Tanganyika, the Fugitive Criminals Surrender Decree of Zanzibar and the Fugitive Offenders Decree of Zanzibar R.L. Cap. 22; Z. Cap.16, 17; AL, [39]]. (2) [Disapplication of the Fugitive Offender Act, 1881 of the United Kingdom.] (3) [Omitted] omitted
Section 32Verify source
§ 33OmittedOffence

This schedule lists crimes that are treated as extradition crimes.

33. Omitted [s. 29] [s. 30] Acts Nos. 2 of 2007 s. 20; 14 of 2015 s. 59 SCHEDULE EXTRADITION CRIMES (Made under section 30(1)) Criminal Homicide and Similar Offenses Murder and attempt and conspiracy to murder. Manslaughter. Injury to Persons not Amounting to Homicide Wounding or inflicting grievous bodily harm. Assault occasioning actual bodily harm and other aggravated assaults punishable by imprisonment for five years or more. Abduction, Rape and Similar Offences Rape, defilement, unlawful carnal knowledge. Indecent assault. Abortion and offences relating to it. Child-stealing. Kidnapping and false imprisonment. Procuration. Narcotics and Dangerous Drugs Offences relating to narcotics. Offences relating to traffic in dangerous drugs. Damage to Property Malicious damage to property. Arson. 227 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EXTRADITION ACT [CAP. 368 R.E. 2023] Falsification of Currency and Similar Offences Counterfeiting and altering money, and uttering counterfeit or altered money. Offences relating to counterfeit. Forgery and Similar Offences Forgery, counterfeiting, and altering money, and uttering what is forged or counterfeited or altered. Misappropriation, Fraud and Similar Offences Theft, and offences relating thereto. Fraudulent conversion. Burglary and housebreaking, robbery, armed robbery. Threats by letter or otherwise with intent to extort; intimidation. Obtaining money or goods by false pretences. Perjury and subornation of perjury. Bribery and corruption. Offences by bankruptcy against bankruptcy law, or any cognisable offence under the laws relating to bankruptcy. Fraudulent misappropriations and fraud. Receiving stolen property. Piracy and Similar Offences Piracy by the law of nations. Sinking or destroying a vessel at sea or an aircraft in the air, or attempting or conspiring to do so. Assault on board a ship on the high seas or an aircraft in the air with intent to destroy life or to do grievous bodily harm. Revolt or conspiracy to revolt, by two or more persons, on board a ship on the high seas or an aircraft in the air against the authority of the master, or captain of the aircraft. Slave Dealings Slave Dealings, or otherwise in connection with the slave trade, committed on the high seas or on land, or partly on the high seas and partly on land. Cap. 443 Offences under the Cyber Crimes Act. Cyber crimes Offences relating to Money Laundering. Money Laundering Offences Counseling, procuring, aiding and abetting, or being an accessory before or after the fact to any of the crimes referred to in this Schedule. General 228 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
Section 33Verify source

Legislative relationships

2 referenced instruments

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A–F

2 instruments

  • Fugitive Offender Act, 1881

    Section 32
  • Fugitive Offenders Act, 1881

    Section 31

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