Tanzania
Prevention and Combating of Corruption Act
Chapter 329
- Commenced on 1 July 2007
- [This is the version of this document at 30 November 2019.]
- [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
1. Short title
This Act may be cited as the Prevention and Combating of Corruption Act.2. Application
3. Interpretation
In this Act, unless the context otherwise requires—"advantage" means a gift or any property movable, loan, fee, reward or favour and includes valuable consideration of any kind, discount, commission, rebate, bonus, deduction or percentage and employment or services or an agreement to give employment or render services in an capacity;"agent" includes—(a)any person in the employment of 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 body of persons or acting for another;(b)a trustee;(c)an administrator or an executor;(d)a public official;"bank account" includes any ledger, day book, cash book, account book and any other document including generated, stored, and displayed electronically used in the ordinary course of business by any person carrying on, whether on his own behalf as an agent for another, and whether exclusively or otherwise, any banking business whatsoever or not such person is a bank within the meaning of any law for the time being in force relating to banks;"Bureau" means the Prevention and Combating of Corruption Bureau established by section 5;"conflict of interest" means a clash between public interest and the private pecuniary or any other interest of the individual concerned;"confiscation" which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court;"controlled delivery" means the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to investigating an offence and the identification or persons involved in the commission of the offence;"Director-General" means the Director-General of the Prevention and Combating of Corruption Bureau;"Director" means a person appointed under this Act to hold the position of a Director in the Bureau;"foreign public official" means any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected; and any person exercising a public function for a foreign country, including for a public agency or public enterprise;"freezing" means temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority;"informer" includes a person who in good faith reports the commission of an offence to the Bureau and includes a whistle blower;"Minister" means the Minister responsible for good governance;"officer" means an investigator of the Bureau including the Director-General;"official of a public international organization" means an international civil servant or any person who is authorized by such an organization to act on behalf of that organization;"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 as though it were a person, and, in relation to a public official, the authority or body of persons in which the public office is held;"private sector" means the sector of the economy under private ownership in which the allocation of productive resources is controlled by market forces;"proceeds of crime" means any property derived from or obtained, directly or indirectly, through the commission of an offence under this Act;"property" includes money, assets of any kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible and any document or legal instrument evidencing title to, or interest in such assets;"public body" includes a corporation established by or under the Companies Act in which the Government has vested interest;[Cap. 212]"public duty" means a duty in the discharge of which the Government, the public or the community at large has an interest;"public official" means any person holding a legislative, executive, judicial, administrative, political, military, security, law enforcement, and local government authority or any other statutory office and includes—(a)any person performing a public function or providing a public service; and(b)any other person natural or legal so defined in any other written laws.4. Objective
Part II – Establishment of the Bureau
5. Establishment of Bureau
6. Composition of Bureau
7. Functions of Bureau
Functions of the Bureau shall be to take necessary measures for the prevention and combating of corruption in the public, parastatal and private sectors and in that regard, the Bureau shall—8. Power of Director-General
9. Institution of criminal proceedings
10. Special powers of investigation
11. Identification request for assistance
12. Search warrant
13. Malicious arrest. prosecution, seizure and exercise of powers
14. Report of activities
The Bureau shall, on or before 31st March in every year, or by such later date as the President may allow, submit to the President a report on its activities in the previous year.Part III – Corruption and related offences
15. Corrupt transactions
16. Corrupt transactions in contracts
17. Corrupt transactions in procurement
18. Corrupt transactions in auctions
19. Application of Cap. 410
The provisions of the Public Procurement Act shall apply in relation to investigation of offences and institution of proceedings for offences of corruption in procurement of goods, works and the supply of consultancy services.20. Corrupt transactions in employment
21. Bribery of foreign public official
22. Use of documents intended to mislead principal
A person who knowingly gives to any agent, or an agent knowingly uses with intent to deceive, or defraud his principal, any receipt, account or other document such as a voucher, a profoma invoice, an electronically generated data, minute sheet 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, commits an offence and shall be liable on conviction to a fine not exceeding seven million shillings or to imprisonment for a term not exceeding five years or to both.23. Persons obtaining advantage
24. Advantage received on behalf of accused person
Where any advantage has been received with the knowledge of the accused person, or by any person other than accused person, and the court is satisfied, having regard to the relationship of that other person to the accused person or 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.25. Sexual or any other favours
Any person being in a position of power or authority, who in the exercise of his authority, demands or imposes sexual favours or any other favour on any person as a condition for giving employment, a promotion, a right, a privilege or any preferential treatment, commits an offence and shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years or to both.26. Public official to give accounts of properties
27. Possession of unexplained property
28. Embezzlement and misappropriation
29. Diversion
Any person being a public official or not who diverts, for the purposes unrelated to those for which they were intended, for his or her own benefit or that of a third party any property belonging to the Government or its agencies to an independent agent, or to an individual, which property that official has received by virtue of his position, commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years or to both.30. Aiding and abetting
Any person who aids or abets another person in commission of an offence under this Act commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years or to both.31. Abuse of position
Any person who intentionally abuses his position in the performance or failure to perform an act, in violation of law, in the discharge of his functions or use of position for the purpose of obtaining an undue advantage for himself or for another person or entity, commits an offence and shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years or to both.32. Conspiracy
Any person who conspires with another person to commit an offence under this Act commits a like offence and shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years or to both.33. Trading in influence
34. Transfer of proceeds of corruption
35. Presumption of corruption
Where, in proceedings under this Act, it is proved that an advantage was offered, promised or given, or solicited, accepted or obtained or agreed to be accepted or obtained by a public official by or from a person, or agent of a person holding or seeking to obtain contract from a public office the advantage shall be deemed to have been offered, promised or given, solicited, accepted or obtained or agreed to be accepted or obtained as an inducement or reward as referred to in section 18 unless the contrary is proved.36. False pretence to be an officer
Any person who falsely pretends that he is—37. Offence of disclosure of identity
38. Freezing of assets
39. Duty to give information
Part IV – Forfeiture of proceeds of corruption
40. Forfeiture of proceeds of corruption
41. Notice of application
42. Forfeiture order
43. Effects of forfeiture order
44. Principal may recover secret gift
Part V – Institutional cooperation
45. Cooperation with agencies and other authorities
The Bureau shall establish and maintain a system of collaboration, consultation and cooperation with law enforcement agencies and other national authorities within the United Republic engaged in investigation and prosecution and may, for that purpose—46. Cooperation with private sector
The Bureau shall establish and maintain a system of—Part VI – Financial provisions
47. Funds of Bureau
48. Estimates
Part VII – General provisions
49. Valuation of property
In proceedings for an offence under this Act where the subject matter involves buildings, the method for evaluation of building shall be based—50. General immunity for members
No act or thing done or omitted to be done by an officer of the Bureau shall, if the act or omission was done or omitted bona fide in the exercise of his functions under this Act, render the officer personally liable for the act or omission.51. Protection of informers
52. Protection of witnesses, experts and victims
53. 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.54. Mutual legal assistance
Mutual legal assistance in relation to offence of corruption and other related offences shall be made in accordance with the provisions of the Mutual Assistance in Criminal Matters Act.[Cap. 254]55. Extradition
Extradition matters in relation to offences of corruption and other related offences shall be dealt with in accordance with the provisions of the Extradition Act.[Cap. 368]56. Disclosure of information without prior request
Without prejudice to the preceding provisions of this Part, a foreign state or Government may disclose such information which might assist the Bureau in initiating or carrying out investigation, prosecution, judicial proceedings and information on proceeds of offence.57. Sanction of Director of Public Prosecutions
58. Trial court
Unless the Director of Public Prosecutions directs otherwise an offence under this Act may be tried in the District Court, Court of Resident Magistrate or, as the case may be, the High Court.59. Regulations
60. Repeal
Repeals the Prevention of Corruption Act No. 16 of 1971.History of this document
30 November 2019 this version
Consolidation
01 July 2007
Commenced
Cited documents 0
Documents citing this one 98
Judgment 96
Journal 1
1. | The Tanzania Lawyer, Vol. 1, 2016, Number 2 |
SOP 1
1. | Standard Operating Procedures for Investigation and Prosecution of Corruption and Related Offences |