Tanzania
Tanzania Intelligence and Security Service Act
Chapter 406
- Published in Tanzania Government Gazette
- Commenced on 10 March 1998
- [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.]
Part I – Preliminary provisions (ss. 1-3)
1. Short title
This Act may be cited as the Tanzania Intelligence and Security Service Act.2. Application
This Act shall apply to Mainland Tanzania as well as to Tanzania Zanzibar.3. Interpretation
In this Act, unless the context requires otherwise—"active service" means the actual service given by a person or category of persons, whether direct or indirect, when that person or category of persons is under the temporary or permanent employment of the Service and which service is given in the course of performing the duties of or similar to those of an intelligence officer;"Director-General" means the Director-General of the Service appointed under section 6;"employee" in relation to the Service, means a person employed as an employee of the Service, and includes a person employed before the enactment of this Act;"espionage" means such an offence as defined by the National Security Act;"foreign state" means any state other than Tanzania;"intercept" in relation to any communication not otherwise lawfully obtainable by the person making the interception, includes hear, listen to, record, monitor, or acquire the communication, or acquire its substance, meaning or purport, and “interception” has a corresponding meaning;"Minister" means the Minister responsible for intelligence and security or, if no such Minister is appointed, the President;"place" includes any conveyance;"sabotage" means any such offence under the National Security Act 1;"security" means the protection of the United Republic from acts of espionage, sabotage and subversion, whether or not it is directed from or intended to be committed within the United Republic;"security assessment" means an appraisal of the loyalty to Tanzania and, so far as it relates thereto, the reliability of an individual;"the service" means the Tanzania Intelligence and Security Service established by section 4;"subversion" means encouraging—(a)the overthrow by unlawful means of the Government of the United Republic or of the Revolutionary Government of Zanzibar;(b)the undermining by unlawful means of the authority of the State in the united Republic;"terrorism" means planning, threatening, using or attempting to use violence to coerce, deter or intimidate—(a)the lawful authority of the State in the United Republic or any part of it.(b)the community throughout the United Republic or in any area in the United Republic,for the purpose of furthering any political aim;"threats to the security of the United Republic" means—(a)espionage, sabotage or other activities which are against Tanzania or are detrimental to the integrity, sovereignty or other interests of Tanzania or are activities directed toward or in support of such espionage or sabotage;(b)foreign influenced activities within or relating to Tanzania that are detrimental to the interests of Tanzania or are clandestine or deceptive or involve a threat to any person;(c)activities within or relating to Tanzania directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political objective within Tanzania or a foreign state; and(d)activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Tanzania,but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d).Part II – The Tanzania Intelligence and Security Service (ss. 4-5)
4. Establishment of TISS
5. Functions of TISS
Part III – The management of TISS (ss. 6-13)
6. The Director-General
7. Officers and employees of TISS
8. Grading of officers
9. Conditions of employment
10. Role of Director-General
11. Role of Minister
12. Process for resolution of staff disputes
Notwithstanding the Civil Service Negotiating Machinery Act 5 but subject to this Act the Director-General shall establish procedures respecting the consideration and adjudication of grievances in relation to employees of the Service.13. Oaths
The Director-General and every Officer or employee of the Service shall, prior to embarking upon the duties of office, take an oath of allegiance and the oaths set out in the Schedule to this Act.Part IV – Duties and powers of TISS (ss. 14-18)
14. Duty to collect, analyse and retain information
15. Power to investigate
16. Restriction on publication and broadcasting information
17. Authorised disclosure of information
18. Co-operation
Part V – Miscellaneous provisions (ss. 19-23)
19. Protection of officers and employees
20. Protection of sources of information
21. Delegation of powers
22. Regulations
23. Offences
History of this document
31 July 2002 this version
Consolidation
10 March 1998
Commenced
Cited documents 2
Legislation 2
1. | Katiba ya Jamhuri ya Muungano wa Tanzania, ya Mwaka | 2628 citations |
2. | National Security Act | 27 citations |