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Procedure for Trial of Cases of Defamation Regulations, 1979

Government Notice 92 of 1979

Procedure for Trial of Cases of Defamation Regulations, 1979
Citation
Government Notice 92 of 1979
Primary work
Newspapers Act
Date
31 July 2002
Language
English
Type
Government Notice
Collections
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Tanzania
Newspapers Act

Procedure for Trial of Cases of Defamation Regulations, 1979

Government Notice 92 of 1979

  • Published in Tanzania Government Gazette
  • Commenced
  • [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.]
[Section 57(5)]

1. Citation and interpretation

(1)These Regulations may be cited as the Procedure for Trial of Cases of Defamation Regulations.
(2)In these Regulations, unless the context otherwise requires—
"assessing officer" means—(a)in relation to the High Court, the Registrar, any Deputy Registrar or any District Registrar;(b)in relation to the court of a resident magistrate or a district court, the magistrate in charge.

2. Application

(1)These Regulations shall apply to every proceeding relating to a suit of a civil nature in respect of any action for libel brought before the court in accordance with the provisions of Part VIII of the Newspapers Act1.1Cap. 229
(2)Every trial of suit to which these Regulations apply shall be conducted with the aid of not less than three competent assessors or such greater number of competent assessors as the court thinks fit, who shall be selected by the court.

3. Liability to serve as assessor and qualifications of assessors

(1)Every person who is competent to serve as an assessor in accordance with paragraph (2), other than a person who belongs to any one or more of the categories of exempted persons specified in paragraph (3), shall be liable to serve as an assessor.
(2)A person is competent to serve as an assessor if it appears to the court—
(a)that he is of the apparent age of not less than twenty-one years and not more than sixty years; and
(b)that he can read and has a good understanding of Kiswahili or English or both Kiswahili and English; and
(c)that he is in all other respects suitable to serve as an assessor.
In assessing the suitability of a person under subparagraph (c), the court may take into account, among other things, his experience in the publication of newspapers, except that a person shall not be deemed to be competent to serve as an assessor under this paragraph if he has any personal or official relationship with the proprietor, printer or publisher of the newspaper containing the material that gave rise to the suit.
(3)Without prejudice to paragraph (4), the following persons shall be exempted from serving as assessors—
(a)Ministers and Members of the National Assembly;
(b)Judges and Magistrates;
(c)persons actively performing the duties of ministers of religion or known by any other similar description;
(d)medical practitioners and dentists in actual practice, whether practising as employees or in any other capacity;
(e)legal practitioners in actual practice, whether practising as employees or in any other capacity;
(f)officers and men on full pay in the armed forces of the United Republic;
(g)officers of the Police and Prisons Services;
(h)persons who are exempted from personal appearance in court under the Civil Procedure Code2;2Cap. 33
(i)persons disabled by mental or bodily infirmity; and
(j)such other persons as the Chief Justice may specify by directions in writing.
(4)No proceedings shall be invalid by reason only of the fact that a person who is exempted under paragraph (3) has served as an assessor in the proceedings.

4. Summoning of assessors and form of summons

(1)The court before which the suit is brought shall, ordinarily not less than fourteen days before the day fixed for the hearing of the suit, summon such number of persons to service as assessors at the hearing of the suit as the court considers necessary.
(2)In summoning persons pursuant to paragraph (1) and in selecting persons so summoned to serve as assessors pursuant to regulation 2(2), the court shall satisfy itself that they are liable and suitable to serve as assessors in accordance with these Regulations.
(3)Every summons to a person liable to serve as an assessor shall be in writing and shall require his attendance at a time and place to be specified in the summons.

5. Objections to summons to serve as assessors and excuse from attendance for assessors

(1)Any person who has been serviced with a summons under regulation 4 may, if he is of the opinion that he is not liable to serve as an assessor under these Regulations, appear without delay before the court before the date on which his attendance is required and object to the summons, and if the court is satisfied that he is not liable to serve as an assessor it shall rescind the summons and discharge the person from attendance.
(2)Appearance before the court under paragraph (1) shall be by the person objecting personally, except that in the case of a person objecting by virtue of subparagraph (i) of paragraph (3) of regulation 3 another person who satisfies the court that he is duly authorised to appear may appear on behalf of the person objecting.
(3)The court may for reasonable cause excuse any assessor from attendance at any particular session and may, if it thinks fit, at the conclusion of any trial direct that the assessors who have served at the trial shall not be summoned to serve again for any period not exceeding twelve months.

6. List of assessors attending before court

At each trial of a suit the court shall cause to be kept a list of the names of the persons who have attended as assessors at the trial.

7. Penalty for non-attendance of assessor

(1)Any person summoned to attend as an assessor, who, without lawful excuse, fails to attend as required by the summons, or who, having attended, leaves without having obtained the permission of the court, or fails to attend after adjournment of the court after being ordered to attend, shall be liable by order of the court to a fine not exceeding four hundred shillings.
(2)The fine referred to in paragraph (1) may be levied by the court by attachment and sale of any movable property belonging to the assessor which is within the local limits of the jurisdiction of the court.
(3)The court may, for good cause shown to its satisfaction, remit the whole or any part of the fine imposed under paragraph (1).
(4)In default of recovery of any fine imposed under paragraph (1) the assessor may by order of the court be imprisoned as a civil prisoner for a term not exceeding fifteen days, unless the fine is paid before the end of the term of imprisonment.

8. Absence of assessors and attendance of assessors at adjourned sittings

(1)If, in the course of a trial with the aid of four or more assessors, at any time before the finding any assessor is from any sufficient cause prevented from attending throughout the trial, or absents himself and it is not practicable to secure immediately his attendance, the trial shall proceed with the aid of the other three assessors.
(2)If two or more of the assessors are prevented from attending or absent themselves, so as to reduce the number of the assessors attending to less than three, the proceedings shall be stayed and a new trial shall be held with the aid of fresh assessors.
(3)If the trial is adjourned, the assessors attending shall be required to attend at the adjourned sitting and at any subsequent sitting until the conclusion of the trial.

9. Assessors to be paid allowances, etc., and assessment fares

(1)A person summoned to serve as an assessor shall be entitled to be paid—
(a)his travelling expenses, at the appropriate rate prescribed in the First Schedule to these Regulations; and
(b)allowances for accommodation and subsistence, at the appropriate rate prescribed in the Second Schedule to these Regulations:
Provided that the assessing officer may in any particular case, if he is satisfied that it is reasonable and proper having regard to prevailing conditions, allow such larger amount as he may think fit, but not exceeding the expenses actually incurred by the person to whom the allowances are payable.
(2)Where any person is entitled under these Regulations to the amount of any fare in respect of travel by omnibus, train or aircraft, the fare shall be that for the class of travel prescribed in the Third Schedule to these Regulations; and if he had the opportunity of using a Government warrant, the amount of the fare shall be deemed to be the amount of the fare as payable by the Government on the warrant.

First Schedule (Regulation 9(1)(a))

Travelling expenses payable to assessors

Nature of JourneyAmount of Fare
1.(a)Where the journey is less than two milesNil.
(b)Where the journey is one that can reasonably conveniently be made by omnibusThe amount of the omnibus fare.
(c)Where the journey is not one that can reasonably conveniently be made by omnibus but can be made by trainThe amount of the train fare.
(d)Where the journey cannot reasonably conveniently be made by omnibus or train but can be made by roadThe actual expenses but not exceeding Shs. 0.75 per mile, where the assessor uses his own vehicle or Shs. 1.00 per mile when he uses hired transport.
(e)Where the journey can most conveniently be made by boatThe amount of the board fare.
(f)Where, having regard to the status or occupation of the assessor and the time that would otherwise be taken, the assessing officer considers that it is reasonably necessary for the assessor to travel or to have travelled by airThe amount of the air fare.
2.Where an assessor travels by omnibus, train, boat or aircraft, he shall, in addition to the amount allowed under Item, 1, be entitled to such amount as the assessing officer may consider reasonable in respect of expenses of travelling to and from the bus stop, railway station, port, aerodrome or landing ground.

Second Schedule (Regulation 9(1)(b))

Subsistence allowances payable to assessors

1.In respect of every night which the assessor has necessarily to spend away from the place where he resides, for accommodation and subsistence allowance for twenty four hours—
(a)if his annual income does not exceed Shs. 4,860.00Shs. 10.00
(b)if his annual income exceeds Shs. 4,860.00 but does not exceed Shs. 16,000.00Shs. 20.00
(c)if his annual income exceeds Shs. 16,000.00Shs. 40.00
2.In respect of every day or part of a day in excess of six hours, not being in any period of twenty-four hours for which provision is made in Item 1, between the time when the assessor has to leave his residence or place of business to attend the court and the earliest time when he can arrive back, for subsistance—
(a)if his annual income does not exceed Shs. 4,860.00Shs. 5.00
(b)if his annual income exceeds Shs. 4,860.00 but does not exceed Shs. 16,000.00Shs. 15.00
(c)if his annual income exceeds Shs. 16,000.00Shs. 20.00

Third Schedule (Regulation 9(2))

Classes of fare to which assessors are entitled

  By OmnibusBy Train
(a)If the annual income of the assessor does not exceed Shs. 4,860.00Lower Class3rd Class
(b)If the annual income of the assessor exceeds Shs. 4,860.00 but does not exceed Shs. 16,000.00Upper Class2nd Class
(c)If the annual income of the assessor exceeds Shs. 16,000.00Upper Class1st Class
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History of this document

31 July 2002 this version
Consolidation

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