This Act was repealed on 2007-07-01 by Prevention and Combating of Corruption Act, 2007.
Prevention of Corruption Act
Tanzania
Prevention of Corruption Act
Chapter 329
- Published in Tanzania Government Gazette
- Commenced on 7 May 1971
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by 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. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
- [Repealed by Prevention and Combating of Corruption Act, 2007 (Act 11 of 2007) on 1 July 2007]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the Prevention of Corruption Act.2. Interpretation
In this Act, unless the context otherwise requires—"advantage" means a gift of any property, movable or immovable, loan, fee, reward or favour, and includes valuable consideration of any kind, discount, commission, rebate, bonus, deduction or percentage and also employment or services or an agreement to give employment or render services in any capacity;"agent" includes—(a)any person in the employment (whether under a contract of service, a contract for services or otherwise, whether permanent or temporary, whether paid or unpaid, and whether full-time or part-time and whether such person is a natural person or a body of persons) of, or acting for, another;(b)a trustee;(c)an administrator or an executor;(d)a public officer;"appropriate officer" means any member of the Prevention of Corruption Bureau and includes the Director of the Bureau;"Bureau" means the Prevention of Corruption Bureau established under section 3;"Director" means a person appointed by the President to hold the office of Director under the Bureau;"Director-General" means the Director-General of the Prevention of Corruption Bureau;"favour" includes any office or dignity, any forbearance to demand any money or money's worth or valuable thing, any aid, vote, consent or influence, or pretended aid, vote, consent or influence, any promise or procurement of, or agreement or endeavour; to procure, or the holding out of any expectation of, any advantage;"principal" includes an employer, a beneficiary under a trust, a trust estate as though it were a person, any person beneficially interested in the estate of a deceased person, the estate of a deceased person as though the estate were a person, and, in relation to a public officer, the authority or body of persons in which the public office is held;"property" for the purposes of section 9 and section 10, means any property, whether movable or immovable, and includes any chose in action;"public officer" means—(a)the Speaker or a member of the National Assembly;(b)[omitted](c)the Chairman or a member of a local government authority;(d)an agent, employee, member or other officer (whether or not such member or officer is paid any remuneration in respect of his membership or office) of a specified authority or of any body of persons, whether corporate or unincorporate, which is an agent of a specified authority;(e)the Chairman or a member of any board, authority, tribunal, commission or body of persons, whether corporate or unincorporate, established or appointed under any written law for the performance of any statutory function provided for in such written law;(f)the holder of any office established by or under any written law;(g)the person holding any office (whether or not any remuneration is paid in respect of such office and whether or not the appointment to such office is permanent or temporary, full-time or part-time or under a contract of service, a contract for services or otherwise) in any corporation, company, society, co-operative society or other body of persons whatsoever, whether corporate or unincorporate, where the appointment or nomination of such person to such office was made by the President, a Minister, or by or on behalf of any specified authority, and "public office" shall be construed accordingly;"specified authority" means—(a)the Government;(b)[omitted](c)[omitted](d)a local government authority;(e)a body corporate established by or under any written law other than the Companies Act 1;(f)[omitted](g)a trade union registered under the Trade Unions Act 2;(h)any company registered under the Companies Act not less than fifty percent of the issued share capital of which is owned by a specified authority or, where the company is limited by guarantee, a company in respect of which the amount that the specified authority which is a member of such company has undertaken to contribute in the event of the company being wound up is not less than fifty percent of the aggregate amount which all the members have undertaken to contribute; and references in this paragraph to a specified authority include references to any such company;"to be in, or to have, possession of any property" for the purposes of section 8 and section 9 includes having any right, title or interest in a property.Part II – The Prevention of Corruption Bureau (s. 3)
3. Establishment of Prevention of Corruption Bureau
Part III – Corruption offences (ss. 4-10)
4. Corrupt transactions
5. Increase of maximum penalty in certain cases
Where a person is convicted of an offence under section 4 and the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with a specified authority, or a subcontract to execute any work comprised in such contract, paragraph (a) of subsection (3) of section 4 shall be read as if there were substituted for the reference to imprisonment for a term not exceeding ten years a reference to imprisonment for a term not exceeding fourteen years.[s. 4]6. Use of documents intended to mislead principal
If any person knowingly gives to any agent, or any agent knowingly uses with intent to deceive his principal, any receipt, account or other document relating to his principal's affairs or business, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal, he shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding twenty thousand shillings, or to both such imprisonment and fine.[s. 5]7. Public officer obtaining advantage without consideration or without adequate consideration
Any person who, being a public officer, solicits, accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any advantage without lawful consideration or for a lawful consideration which he knows or has reason to believe to be inadequate, from any person whom he knows or has reason to believe to have been, or to be, or to be likely or about to be, concerned in any matter or transaction with himself as a public officer, or having any connection with the official functions of himself or of any public officer to whom he is subordinate, or from any person whom he knows or has reason to believe to be interested in or related to or acting for or on behalf of the person so concerned, or having such a connection, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding twenty thousand shillings or to both such imprisonment and such fine, and, in addition, the court may order that the amount or value of any advantage received by him, or any part thereof, be forfeited.[s. 6]8. Advantage received on behalf of accused
For the purposes of sections 4 and section 7, where any advantage has been received with the knowledge of the accused person, by any person other than the accused person, and the court is satisfied, having regard to his relationship to the accused person or to any other circumstances, that such person has received the advantage for or on behalf of the accused person, or by reason of his relationship to the accused person or otherwise on account of or in connection with the official functions of the accused person, the advantage shall be deemed to have been received by the accused person.[s. 7]9. Public officers may be required to give account of their properties
10. Being in possession of property corruptly acquired
Part IV – Miscellaneous provisions (ss. 11-21)
11. Presumption of corruption in certain cases
Where, in any proceedings under section 4, it is proved that any advantage was offered, promised or given to, or solicited, accepted or obtained or agreed to be accepted or obtained by a public officer by or from a person, or agent of a person, holding or seeking to obtain a contract from a specified authority, the advantage shall be deemed to have been offered, promised or given and solicited, accepted or obtained or agreed to be accepted or obtained corruptly as such inducement or reward as is mentioned in section 4 unless the contrary is proved.[s. 10]12. Defect in appointment, nomination or election
No conviction for an offence against this Act shall be invalid by reason only of a defect in the appointment, nomination or election of a person to any office.[s. 11]13. Special power of investigation
14. D.P.P. may authorise search
15. Special rules of evidence
16. Attorney-General may prohibit transfer of advantage or property corruptly acquired
17. Forfeiture and payment of sum to principal
Where a court orders the forfeiture or payment of the amount or value, or any part thereof, of any advantage, or the forfeiture of any property, under the provisions of section 4, 7, or section 10—18. Principal may recover any secret gifts
19. Sanction of D.P.P. to prosecute
Where any person is charged before any court with an offence under section 7, 9, 10, or 16, no further proceedings in respect thereof shall be taken against him without the consent in writing of the Director of Public Prosecutions except such as the court may think necessary by remand (whether in custody or on bail) or otherwise to secure the due appearance of the person charged, so, however, that if that person is remanded in custody he shall, after the expiration of a period of twenty-eight days from the date on which he was so remanded, be entitled to be discharged from custody on entering into a recognisance without sureties unless within that period the Director of Public Prosecutions has consented to such further proceedings.[s. 18]20. Offences triable by High Court or subordinate court
An offence under this Act may be tried by the High Court or a court of a Resident Magistrate or a District Court.[s. 19]21. Repeal of R.L. Cap. 400
[Repeals the Prevention of Corruption Ordinance.][s. 20]History of this document
01 July 2007
Repealed by
Prevention and Combating of Corruption Act, 2007
31 July 2002 this version
Consolidation
07 May 1971
Commenced
Cited documents 6
Act 6
1. | Evidence Act | 7990 citations |
2. | Criminal Procedure Act | 7953 citations |
3. | Companies Act | 1011 citations |
4. | Interpretation of Laws Act | 612 citations |
5. | Public Officers (Recovery of Debts) Act | 49 citations |
6. | Parole Boards Act | 4 citations |
Documents citing this one 109
Judgment 97
Act 4
1. | Criminal Procedure Act | 7953 citations |
2. | Minimum Sentences Act | 400 citations |
3. | Public Procurement Act | 85 citations |
4. | National Defence Act | 41 citations |
Gazette 3
1. | Tanzania Government Gazette dated 1974-02-22 number 8 | |
2. | Tanzania Government Gazette dated 1990-06-29 number 26 | |
3. | Tanzania Government Gazette dated 1991-01-25 number 4 |
Law Reform Report 3
1. | Criminal Law as a Vehicle for the Protection of the Right to Personal Integrity, Dignity and Liberty of Women | |
2. | Review of Legislation Relating to Corruption | |
3. | Road Traffic Law |
Government Notice 2
1. | Economic Offences (Specification of Officers Exercising Consent) Notice, 1984 | 9 citations |
2. | Procurement of Goods and Works Regulations, 2001 | 3 citations |