Tanzania
Commissions of Inquiry Act
Chapter 32
- Published in Tanzania Government Gazette
- Commenced on 28 December 1928
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
1. Short title
This Act may be cited as the Commissions of Inquiry Act.2. Interpretation
In this Act unless the context requires otherwise–"Commission" means a Commission issued under section 2;"Commissioner" means any of the Commissioners appointed under section 2;"inquiry" means an inquiry carried out in pursuance of the provisions of this Act;"Minister" means the Minister for the time being responsible for legal affairs.[s. 1A]3. Power to issue Commissions of Inquiry into matters of public nature
4. Power to cause investigation to be made before issuing a Commission
5. Power to appoint fresh Commissioners and to alter and revoke Commissions
Where any Commissioner is unable or is unwilling to act or dies, the President may appoint another Commissioner in his place; and any Commission issued under this Act may be altered as the President may deem fit by any subsequent Commission issued by the President, or may be revoked by a notification to that effect published in the Gazette.[s. 3]6. Commissions not affected by change of President
No Commission issued under this Act shall lapse by reason of, or be otherwise affected by the death, absence or removal of the President issuing the Commission[s. 4]7. Oath of office by Commissioners
It shall be the duty of each Commissioner appointed under this Act to make and subscribe to an oath or affirmation in the form prescribed in the Schedule to this Act, which oath or affirmation may be taken before the President, or before such other person as the President may appoint, and shall be deposited by the Commissioner with the Chief Secretary, office of the President.[s. 5]8. Power to appoint and duties of Secretary
The President may appoint a secretary to attend the sittings of the Commission, to record their proceedings, to keep their papers, summon and record the testimony of witnesses, and generally to perform such duties connected with such inquiry as the Commissioners shall prescribe.[s. 6]9. Duties of Commissioners defined
It shall be the duty of the Commissioners, after taking such oath or making such affirmation, to make a full, faithful, and impartial inquiry into the matter specified in such Commission, and to conduct such inquiry in accordance with the direction, if any, in the Commission; and, in due course, to report to the President in writing the result of such inquiry; and also, when required, to furnish to the President a full statement of the proceedings of such Commission, and of the reasons leading to the conclusions arrived at or reported.[s. 7]10. Division of opinion of Commissioners
If the Commissioners shall, in any case, be equally divided on any question that arises during the proceedings of the Commission, the Chairman of the Commission shall have a second or casting vote.[s. 8]11. Commissioners' power for regulating proceedings
The Commissioners acting under this Act may make such rules for their own guidance, and for the conduct and management of proceedings before them, and the hours and times and places for their sittings, not inconsistent with their Commission, as they may from time to time think fit, and may from time to time adjourn for such time and to such place as they may think fit, subject only to the terms of their Commission.[s. 9]12. Power to summon and examine witnesses
13. Consequences of issue of Commission
Notwithstanding the provisions of any other law to the contrary, where the President issues a commission instituting an inquiry into any matter in pursuance of this Act:14. Employment of experts
15. Application of the Penal Code and immunity of Commissioner
16. Obligations and rights of witnesses
17. Appearance by advocate
Any person whose conduct is the subject of inquiry under this Act, or who is in any way implicated or concerned in the matter under inquiry, shall be entitled to be represented by an advocate at the whole of the inquiry, and any other person who may consider it desirable that he should be so represented may, by leave of the Commission, be represented in the same manner.[s. 13]18. Power to direct police officers to attend Commissioners
The President may direct the Inspector General of Police to detail police officers to attend upon any Commissioners, to preserve order during the proceedings of the Commission, and to serve summonses on on witnesses, and to perform such other duties as the Commissioners shall direct.[s. 14]19. Remuneration of Commissioners, etc.
Commissioners appointed under this Act shall not be entitled to any remuneration, unless such remuneration shall be specially granted by the President, beyond the actual expenses incurred in holding the inquiry, but the President may direct what remuneration, if any shall be paid to the secretary, and to any other person employed in or by any such Commission, and may direct payment of any other expenses attendant upon the carrying out of any such Commission, or upon any proceedings for any penalty under this Act and such sums, so directed to be paid, shall be paid out of the Consolidated Fund, on the warrant of the Principal Secretary to the Treasury.[s. 15]20. Commissions to be published in Gazette
All Commissions under this Act, and all revocations of any such Commission, shall be published in the Gazette, and shall take effect from the date of such publication.[s. 16]21. Action on report
22. Protection of person publishing true account
No person shall be liable to any action, suit, indictment or proceeding by reason of publishing a true account of any evidence taken in public in pursuance of the powers conferred by this Act or of any report of the Commissioners made public by the authority of the President.[s. 16B]23. Conditions as to proceedings for penalties
No proceedings shall be commenced for any penalty under this Act except by direction of the Attorney-General.[s. 17]24. Regulations
History of this document
31 July 2002 this version
Consolidation
28 December 1928
Commenced