____

CHAPTER 256
_____
THE PROCEEDS OF CRIME ACT
[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY PROVISIONS

Section Title

1. Short title.
2. Application.
3. Interpretation.
4. Meaning of "conviction", etc., of offence.
5. Meaning of "absconding".
6. Meaning of "serious offence".
7. Meaning of "dealing with property".
8. Appropriate court in relation to serious offence.

PART II
FORFEITURE AND CONFISCATION

Application for Confiscation Order

9. Application for confiscation order.

10. Notice of application.
11. Amendment of application.
12. Making of confiscation order where person has absconded.
13. Procedure on application.

Forfeiture Orders
14. Forfeiture orders.
15. Effects of forfeiture order.
16. Effect of forfeiture order on third parties.
17. Discharge of forfeiture order on appeal or on quashing of conviction.
18. Registered foreign forfeiture orders.

PART III
PECUNIARY PENALTY ORDERS

19. Application of Part III.

20. Special provision relating to specified offences.
21. Pecuniary penalty orders.

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22. Assessment of pecuniary penalty.
23. Court may lift corporate veil.
24. Amounts paid in respect of registered foreign pecuniary penalty orders.

PART IV
FORFEITURE IN RESPECT OF SPECIFIED OFFENCES

25. Forfeiture of restrained property in relation to specified offences.

26. Recovery of property to which section 25 applies.
27. Effect of quashing of conviction.
28. Person with interest in forfeited property may buy back interest.
29. Buying out other interests in forfeited property.
30. Forfeiture where person cannot be brought before court.

PART V
CONTROL OF PROPERTY LIABLE TO CONFISCATION
Power of Search and Seizure

31. Powers to search for and seize tainted property.

31A Freezing of an account.
32. Search warrants in relation to tainted property.
33. Search warrant may be granted by telephone.
34. Searches in emergencies.
35. Responsibility for seized property.
36. Return of seized property.
37. Search for and seizure of tainted property in relation to foreign offences.

Restraining Orders
38. Restraining orders.
39. Grounds for issuing a restraining order.
40. Notice of application for restraining order.
41. Persons who may appear and adduce evidence.
42. Notice of restraining orders.
43. Court may make further orders.
44. Trustee to discharge pecuniary penalty order.
45. Charge on property subject to restraining order.
46. Registration of restraining orders.
47. Contravention of restraining orders.
48. Duties of trustee.
49. Protection of trustee from personal liability.
50. Remuneration and expenses of trustee.
51. Court may revoke restraining orders.
52. When restraining order ceases to have effect.
53. Interim restraining order in respect of foreign offence.
54. Registered foreign restraining orders.

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55. Trustee to take control of property in relation to registered foreign
restraining order.
56. Undertaking by the Attorney-General.
57. Discharge of registered foreign pecuniary penalty.

PART VI
INFORMATION GATHERING POWERS
Production Orders

58. Production orders.

59. Variation of production order.
60. Failure to comply with production order.
61. Production orders in relation to foreign offences.

Search Powers
62. Powers to search for property-tracking document.
63. Search warrant for property-tracking document.
63A. Investigation of bank account.
63B. Placing under surveillance.
63C. Protection of investigators.
66D. Leave of the court.
64. Search warrants in relation to foreign offences.

Monitoring Orders

65. Monitoring orders.

66. Existence and operation of monitoring order not to be disclosed.
67. Monitoring orders in relation to foreign offences.

Obligations of Financial Institutions

68. Repealed.
69. Repealed.
70. Repealed.

PART VII
MISCELLANEOUS PROVISIONS

71. Obstruction of Justice prohibited.

72. Prohibition in dealing in tainted property.
73. Conduct of directors, officers, employees or agents.
74. Dealings with forfeited property.
75. Standard of proof.
76. Appeals.
77. Costs.
78. Operation of other laws not affected.

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 79. Regulations.

CHAPTER 256
THE PROCEEDS OF CRIME ACT

An Act to make better provisions for dealing with proceeds of crime

[ 1st May, 1994]

[G.N. NO. 299 of 1994]

[1st May, 1994]

[G.N. No. 299 of 1994]
Acts Nos.
25 of 1991
9 of 1995
21 of 2002
15 of 2007
PART I
PRELIMINARY PROVISIONS

Short title 1. This Act may be cited as the Proceeds of Crime Act.
Application 2.-(1) This Act shall apply to Tanzania Zanzibar as well as to
Mainland Tanzania.
(2) This Act, other than section 57, shall not apply to the
conviction of a person of an offence if he was convicted of it before
the commencement of this Act.
Interpretation 3.-(1) In this Act, unless the context requires otherwise-
"account" means any facility or arrangement through which a
financial institution accepts deposits or allows withdrawals and
includes a facility or arrangement for-
(a) a fixed term deposit box; or
(b) a safety deposit box;
"agent" includes, if the agent is a body corporate, the officers and
agents of that body corporate;
"appropriate officer" means the Attorney-General or a person in a
category of persons declared by the regulations to be within
this definition;
"approved" means approved by the Minister in writing for the
purposes of the provision in which the term occurs;
Act No. 15 “bank” has the meaning ascribed to it under the Banking and Financial
of 2007
s. 4 Institutions Act, 2006;
"benefit" includes a service or an advantage;
"building society" means a society registered or incorporated as a
building society, co-operative housing society or similar
society under a law for the time being in force relating to such

4
 societies;
"confiscation order" means a forfeiture order or a pecuniary penalty
order;
"corresponding law" means a law that is declared to be a law that
corresponds to this Act;
“director" in relation to a financial institution or a body corporate
means-
(a) if the institution or body corporate is incorporated for
a public purpose by an Act of Parliament or House of
Representatives, a constituent member of the
institution or body corporate;
(b) any person occupying or acting in the position of
director of the institution or body corporate by
whatever name called and whether or not validly
appointed to occupy or duly authorized to act in the
position; and
(c) any person in accordance with whose directions or
instructions the Directors of the institution or body
corporate are accustomed to act;

"encumbrance" in relation to property, includes any interest,

mortgage, charge, right, claim or demand in respect of the
property;
"executive officer" in relation to a financial institution or body
corporate, means any person, by whatever name called and
whether or not he is a director of the institution or body
corporate, who is concerned, or takes part in the management
of the institution or body corporate;
Act No. 15 "financial institutions" has the meaning ascribed to it in the Banking
of 2007 s.2
and Financial Institutions Act, 2006.
“financial transaction” means-
(a) the opening, operating or closing of an account held
with a financial institution;
(b) the opening or use of a deposit box held by a financial
institution;
(c) the telegraphic or electronic transfer of funds by a
financial institution on behalf of one person to another
person;
(d) the transmission of funds between the United
Republic, and foreign countries or between foreign
countries on behalf of any person; or
(e) an application by any person for, or the receiving of, a
loan from a financial institution;
(f) receiving or making a monetary or financial gift;
(g) selling and buying of gold, foreign currency and
negotiable instruments.

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 "foreign forfeiture order" means a forfeiture order made under the law
of a foreign country and registered in the United Republic in
terms of section 32 of the Mutual Assistance Act, for
enforcement against property believed to be located in the
United Republic in respect of a foreign serious offence;
"foreign pecuniary penalty order" means an order made under the law
of a foreign country and registered in the United Republic in
terms of section 32 of the Mutual Assistance Act, and which
imposes a pecuniary penalty in respect of a foreign serious
offence, but does not include an order for the payment of
money by way of compensation, restitution or damages;
"foreign restraining order" means an order made under the law of a
foreign country and registered in the United Republic in terms
of section 32 of the Mutual Assistance Act, for enforcement
against property believed to be located in the United Republic
in respect of a foreign serious offence;
"foreign serious offence" means a serious offence committed against
the law of a foreign country;
"forfeiture order" means an order made in terms of section 14;
"the Government" means the Government of the United Republic or
the Revolutionary Government of Zanzibar, as the case may
be;
(a) a legal or equitable estate or interest in the property; or
(b) a right, power or privilege in connection with the
property, whether present or future and whether vested
or contingent;
"law enforcement agency" means the Police Force, and includes any
person authorised in writing by the Inspector-General of Police
to perform investigative or monitoring duties under this Act;
Act No.15 "magistrate" means a resident magistrate;
of 2007
s.4 "Minister" means the Minister for the time being responsible for legal
affairs;
CAP. 423 "money laundering offence " has the meaning ascribed to it in the
R.E. 2002
Anti-Money Laundering Act, 2006 ;
"monitoring order" means an order made under section 65;
"the Mutual Assistance Act" means the Mutual Assistance in Criminal
Matters Act ;
"narcotic drugs and psychotropic substances" means-
(a) prohibited drugs in terms of the law for the time being
Act No.15 in force relating to narcotic drugs and psychotropic
of 2007 substances;
s. 4 (b) a substance declared by or under any law to be a
substance to which this definition applies;
"officer" means a director, secretary, executive officer or employee;
"ordinary arrestable offence" means an arrestable offence that
is not a serious offence;

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 "penalty amount" in relation to a pecuniary penalty order against a
person, means the amount that the person is liable to pay under the
order;
"pecuniary penalty order" means an order under section 22;
"police officer" means any member of the police force of or above the
rank of corporal;
"premises" includes-
(a) a structure, building, aircraft, vehicle or vessel;
(b) a place, whether enclosed or built upon or not; and
(c) a part of premises, including premises of a kind referred
to in paragraph (a) or (b);
"proceeds" in relation to an offence, means any property that is
derived or realised, directly or indirectly by any person from
the commission of the offence;
"proceeds of an offence" or "profits of crime" shall be construed
accordingly;
"proceeds of crime" means any property derived or realized, directly
or indirectly, by any person out of the commission of a serious
offence and includes-
Act No.15 (a) at a proportional basis, property derived or
of 2007
s.4 realized directly from the commission of that
offence or was later successively converted,
transformed or intermingled into another
property; and
(b) capital, income or other economic gains derived
or realized from such property.
"production" includes growing and manufacture;
"production order" means an order made under section 62;
"property" means real or personal property of every description,
whether situated in the United Republic or elsewhere and
Act No.15
of 2007 whether tangible or intangible and includes an interest in any
s. 4 such real or personal property;
"property-tracking document" means a document relevant for–
(a) identifying, locating or quantifying the property of a
person who committed a serious offence;
(b) identifying or locating any document necessary for the
transfer of the property of a person who committed a
serious offence;
(c) identifying, locating or quantifying tainted property in
relation to a serious offence; or
(d) identifying or locating any document necessary for the
transfer of tainted property in relation to a serious
offence;
“registrable property" means property the title to which is passed by
registration on a register kept pursuant to a provision of any
law;

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 "relevant application period" in relation to a person's conviction of an
arrestable offence, means the period of six months after-
(a) where the person is to be taken to have been convicted
of the offence by reason of section 4(1)(a), the day on
which the person was convicted of the offence;
(b) where the person is to be taken to have been convicted
of the offence by reason of section 4(1)(b), the day on
which the person was discharged without conviction;
(c) where the person is to be taken to have been convicted
of the offence by reason of section 4(1)(c), the day on
which the court took the offence into account in passing
sentence for the other offence referred to in paragraph
(c); or
(d) where the person is to be taken to have been convicted
of the offence by reason of section 4(1)(c), the day on
which the person is to be taken to have absconded in
connection with the offence;
"relevant offence", in relation to tainted property, means an offence by
reason of the commission of which the property is tainted
property;
"restraining order" means an order made under section 38;
"serious narcotic drugs and psychotropic substances offence" means
any offence relating to narcotic drugs and psychotropic
substances-
(a) which is punishable in the United Republic or in a
foreign country by imprisonment for a period of not less
than three years or by a more severe punishment; or
(b) the market value of the property derived or obtained
from the commission of which is or is likely to be not
less than two million shillings or such greater or lesser
amount as may be prescribed;

Act 15 “Serious offence” means money laundering and includes a predicate;

of 2007
s.4
"specified offence" means-
(a) serious narcotic drugs and psychotropic substances
offence;
(b) money-laundering contrary to section 71;
(c) any other offence which the Minister may, by order
published in the Gazette, prescribe as such, subject to
approval by resolution of the National Assembly;
(d) conspiracy to commit, or aid, abet, counsel or procure
the Commission of an offence referred to in paragraphs
(a), (b) or (c);
(e) assisting another person to dispose of the proceeds of an
offence referred to in paragraph (a); or

8
 (f) attempting to commit an offence referred to in
paragraphs (a), (b) or (c);
"tainted property", in relation to a serious offence, means-
(a) any property used in, or in connection with, the
commission of the offence;
(b) any proceeds of the offence; or
(c) any property in the United Republic which is the
Cap 254
proceeds of a foreign serious offence in respect of
which an order may be registered in terms of Part VI of
the Mutual Assistance Act;
and when used without reference to a particular offence means
tainted property in relation to an arrestable offence;
"trustee" means a trustee appointed by the High Court in terms of
paragraph (b) of subsection (2) of section 38;
"unlawful activity" means an act or omission that constitutes an
offence against any law for the time being in force in the
United Republic.
(2) Any reference in this Act to a person being charged with an
offence is a reference to an information being laid against the person
for the offence whether or not–
(a) summons to require the attendance of the person to
answer the information has been issued; or
(b) a warrant for the arrest of the person has been issued.
(3) A reference in this Act to a benefit derived, directly or
indirectly, by another person at the request or direction of the first
person.
(4) Any reference in this Act to the property of a person
includes a reference to property in respect of which the person has a
beneficial interest.
(5) A reference in this Act to acquiring property, or an interest
in property, for sufficient consideration is a reference to acquiring the
property or the interest for a consideration that is sufficient and that,
having regard solely to commercial considerations, reflects the value
of the property or the interest.
(6) For the purposes of this Act, a person shall not be regarded
as a director within the meaning of paragraph (c) of the definition of
"director" in subsection (1) by reason only that the director acts on
advice given by him in the proper performance of the functions
attaching to his professional capacity or to his business relationship
with the directors of the financial institution or body corporate, as the
case may be.

Meaning of 4.-(1) For the purposes of this Act a person shall be taken to
“conviction”, etc
of offence be convicted of an offence if-

(a) he is convicted, whether summarily or otherwise, of the

9
 offence;
(b) he is charged with, and found guilty and convicted of
the offence but is discharged conditionally or
unconditionally or pardoned; or
(c) the person absconds in connection with the offence.
(2) This section shall not apply to a foreign serious offence.

Meaning of 5. For the purposes of this Act, except section 4, a person

“absconding”
shall be taken to abscond in connection with an offence if and only if-
(a) an information is laid alleging the commission of the
offence by the person;
(b) a warrant for the arrest of the person is issued in relation
to that information; and
(c) one of the following occurs, namely-
(i) the person dies before the warrant is executed;
(ii) at the end of a period of six months from the
date of issue of the warrant–
(aa) the person cannot be found; or
(bb) the person is, for any other reason, not
amenable to justice and, if the person is
outside the United Republic, extradition
proceedings are not instituted;
(iii) at the end of the period of six months from
the date of issue of the warrant–
(aa) the person is, by reason of being
outside the United Republic, not
amenable to justice; and
(bb) extradition proceedings are
instituted, and subsequently those
proceedings terminate without an
order for the person's extradition
being made.

Meaning of 6. In this Act, the expression "serious offence" means–

serious offence

(a) any dealing which amounts to drug trafficking under the

law for the time being relating to drugs;
Act No21 of (b) any specified offence;
2007 (c) any offence against the Prevention of Terrorism Act,
2002;
(d) any offence which the Minister may, by order published
in the Gazette, prescribe as such, subject to approval by
resolution of the National Assembly.

Meaning of 7. For the purposes of this Act, dealing with property of a

“dealing with
property” person includes-

10
 (a) if a debt is owed to that person, making payment to any
person in reduction of the amount of the debt;
(b) removing the property from the United Republic;
(c) receiving or making a gift of the property.

Appropriate 8. Where a person is convicted of a serious offence before any

court in relation
to serious court other than a Primary Court that court shall be the appropriate
offence court in relation to the conviction.

PART II
FORFEITURE AND CONFISCATION

Application for 9 -(1) Where a person is convicted of a serious offence, the

confiscation
order Attorney-General may, subject to subsection (2), apply to the
convicting court, or to any other appropriate court, not later than six
months after the conviction of the person, for-
(a) a forfeiture order against any property that is tainted
property in respect of the offence; or
(b) a pecuniary penalty order against the person in respect
of any benefit derived by the person from the
commission of the offence.
(2) The Attorney-General shall not, except with the leave of
the court, make an application in terms of subsection (1) for a
forfeiture order or a pecuniary penalty order–
if an application has previously been made under that subsection or in
terms of any other enactment; and
the application has been finally determined on the merits.
(3) The court shall not grant leave in terms of subsection (2)
unless it is satisfied that-
(a) the tainted property, or the benefit to which the new
application relates was identified only after the first
application was determined;
(b) necessary evidence became available only after the first
application was determined; or
it is otherwise in the interests of justice to grant the leave.
(4) An application may be made under this section in relation
to one or more than one arrestable offence.
(5) An application may be made in terms of this section for a
pecuniary penalty order in respect of an offence even if section 26
applies to the offence.

Notice of 10.-(1) Where the Attorney-General makes an application in

application
terms of subsection (1) of section 9 for a forfeiture order against
property in respect of a person's conviction of an offence-
Act No. 15 of (a) the Attorney-General shall within fourteen days give
2007 .S. 6
written notice of the application to the person or to any

11
 other person he has reason to believe may have an
interest in the property;
(b) the person, and any other person who claims an interest
in the property, may appear and adduce evidence at the
hearing of the application; and
(c) the court may, at any time before the final determination
of the application, direct the Attorney-General to give
notice of the application to a specified person or class of
persons who appear to have an interest in the property
in a manner and within such time as the court considers
appropriate.
(2) Where the Attorney-General makes an application for a
pecuniary penalty order against a person,
(a) the Attorney-General shall within fourteen days give
the person written notice of the application; and
(b) the person may appear and adduce evidence at the
hearing of the application.

Amendment of 11.-(1) Subject to subsection (2), where the Attorney-General

application
applies for a confiscation order, the court hearing the application may
amend the application at the request, or with the consent, of the
Attorney-General.
(2) The court may not amend an application so as to include
additional property in an application for a forfeiture order or an
additional benefit in an application for a pecuniary penalty order
unless it is satisfied that-
(a) the property or the benefit was not reasonably capable
of identification when the application was originally
made; or
(b) necessary evidence became available only after the
application was originally made.
(3) Where the Attorney-General requests to amend an
application for a forfeiture order and the amendment has or would
have the effect of including additional property in the application for
the forfeiture order, then-
Act No. 15 (a) the Attorney-General shall give within fourteen days
of 2007
s.7 written notice of the request to amend to any person
who he has reason to believe may have an interest in the
property to be included in the application for the
forfeiture order; and
(b) any person who claims an interest in the property to be
included in the application for the forfeiture order may
appear and adduce evidence at the hearing of the
request to amend.
(4) Where the Attorney-General applies to amend an
Act No. 15
of 2007 .S. 6 application for a pecuniary penalty order against a person and the

12
 effect of the amendment has or would be to include an additional
benefit in the application for the pecuniary penalty order, he shall
within fourteen days, give that person a written notice of the
application to amend.

Making of 12. Where a person is, arrestable by reason of section 4(1)(c),

confiscation
order where taken to have been convicted of arrestable able offence, a court shall
person has not make a confiscation order in reliance on the person's conviction of
absconded the offence unless the court is satisfied, on the balance of
probabilities, that the person has absconded and-
(a) the person has been committed for trial for the offence;
or
(b) the court is satisfied that having regard to all the
evidence before it, a reasonable court could lawfully
find the person guilty of the offence.

Procedure on 13.-(1) Where an application is made to a court for a

application
confiscation order in respect of a person's conviction of a serious
offence, the court may, in determining the application, have regard to
the transcript record of any proceedings against the person in relation
to the offence.
(2) Where an application is made for a confiscation order the
court before which the person was convicted and the court has not, at
the time the application is made, passed sentence on the person for the
offence, the court may, if satisfied that it is reasonable to do so in all
the circumstances, defer passing sentence until it has determined the
application for the confiscation order.
(3) Where a person is to be taken to have been convicted of an
offence by reason of section 4(1)(c), and application is made to a court
for a confiscation order in respect of the conviction, the reference in
subsection (1) to a proceeding against the person for the offence shall
include a reference to a proceeding against the person for the other
offence referred to in that paragraph.

Forfeiture Orders 14.-(1) Where the Attorney-General applies to a court for a

forfeiture order under section 9 against property in respect of a
person's conviction of an offence and the court is satisfied that the
property is tainted property in respect of the offence, the court may if
it considers it appropriate, order that the property or such of the
property as it may specify in the order, be forfeited to the United
Republic.
(2) Where the court orders that property other than money is
forfeited to the United Republic, it shall specify in the order the
amount that it considers to be the value of the property at the time the
order is made.
(3) In granting an application for a forfeiture order in respect

13
 of any property, the court may have regard to-
(a) any hardship that may reasonably be expected to be
caused to any person by the operation of such an order;
(b) the use that is ordinarily made, or was intended to be
made, of the property; and
(c) the gravity of the offence concerned.
(4) Any evidence given at the hearing of the application for a
forfeiture order in respect of any property that the property concerned
was in the possession of the convicted person at the time of, or
immediately after, the commission of the offence and no evidence is
given to show that the property was not used in, or in connection with,
the commission of the offence, the court shall assume that the
property was used in, or in connection with, the commission of the
offence.
(5) In granting an application for a forfeiture order, the court
may give any directions necessary or convenient for giving effect to
the order, including, without limiting the generality of the foregoing,
directions to an officer of the court to do anything necessary and
reasonable to obtain possession of any document necessary for the
transfer of any property subject to registration in the Registry of
Titles.
(6) In granting a forfeiture order the court may, if it is satisfied
that it would be in the public interest for a person's interest in the
property to be transferred to him, determine the nature, extent and
value of the interest and declare that the forfeiture order may, to the
extent to which it relates to the interest, be discharged in accordance
with section 30.

Effects of 15.-(1) Subject to subsection (2), where a court makes a

forfeiture order
forfeiture order against property, the property shall vest in the United
Republic.
(2) Where a forfeiture order is made against property subject
to registration in the Registry of Titles any rights in the property shall
lie with the United Republic until the registration is effected.
(3) The Treasury Registrar shall be registered as owner of any
property subject to a forfeiture order and the Minister shall do or
authorise to be done anything necessary or convenient to obtain the
registration of the Treasury Registrar as owner, including the
execution of an instrument required to be executed by a person
transferring an interest in property of that nature.

Effect of 16.-(1) Where an application for a forfeiture order is made

forfeiture order
on third parties against property, any person who has an interest in the property may,
before the forfeiture order is made, apply to the court for an order
under subsection (6).

14
 (2) Subject to subsections (3) and (7), where a forfeiture order
against property has been made, any person who has an interest in the
property may apply to the court for an order under subsection (6).
(3) A person who was given notice of an application for a
forfeiture order or who appeared at the hearing of the application shall
not make an application to court in terms of subsection (2) except with
the leave of the court.
(4) The leave of the court referred to in subsection (3) may be
granted if the court is satisfied that there are special grounds for
granting the leave.
(5) Without limiting the generality of subsection (4), the court
may grant a person leave to apply if it is satisfied that the evidence
which the person intended to adduce in connection with the
application under subsection (2) was not available to him at the time
of the hearing of the application.
(6) Where a person applies to a court for an order under this
subsection in respect of his interest in property against which an
application for a forfeiture order or a forfeiture order has been made
and the court is satisfied that-
(a) the applicant was not in any way involved in the
commission of the offence concerned; or
(b) if the applicant acquired his interest at the time, or after
the commission of the offence, the applicant did so-
(i) for sufficient value; and
(ii) without knowing and in circumstances such as not to
arouse reasonable suspicion that the property was, at
the time of the acquisition, tainted property,the court
shall make an order for the transfer of the interest by
the Treasury Registrar to the applicant or for the
payment by the Treasury Registrar to the applicant of
an amount equal to the value of the interest, as the
court thinks fit.
(7) Subject to subsection (8), an application under subsection
(2) shall be made before the expiration of a period of six months
commencing on the day on which the forfeiture order is made.

(8) Where a forfeiture order is made against property, the court

that made the order may, on application being made to it, grant a
person claiming an interest in the property leave to apply in terms of
subsection (2), after the expiration of the period referred to in
subsection (7) if it is satisfied that the person's failure to make his
application within that period was not due to any neglect on his part.
(9) Any person who makes an application in terms of
subsection (1) or (2) shall notify the Attorney-General.
(10) The Attorney-General shall be a party to proceedings
upon an application in terms of subsection (1) or (2).

15
Discharge of 17.-(1) (1) A forfeiture order against property shall be
forfeiture order
on appeal or on discharged on the quashing of the conviction upon which the
quashing of forfeiture order is based.
conviction
(2) Where a forfeiture order against property is discharged in
terms of subsection (1) or on an appeal against the making of the
order, the Attorney-General shall–
(a) as soon as practicable after the discharge of the order,
give written notice of the discharge of the order to any
person whom he has reason to believe had an interest in
the property immediately before the making of the
order; or
(b) if required by the court, publish in the Gazette a notice
of the discharge of the order in such manner and within
such time as the court considers appropriate.
(3) A notice referred to in subsection (2) shall specify, in
accordance with subsection (4), the manner in which any person who
claims an interest in the property shall apply for the transfer of the
interest to the person.
(4) Where a forfeiture order is discharged in terms of
subsection (1) or on appeal against the making of the order, any
person who, immediately before the making of the forfeiture order,
claimed an interest in the property may apply to the Attorney-General,
in writing, for the transfer of the interest to him and on receipt of the
application, the Attorney-General shall-
(a) where the interest is vested in the Treasury Registrar,
arrange for the transfer of the interest to the person; or
(b) in any other case, pay to the person an amount equal to
the value of the interest.
(5) Where the Attorney-General is to arrange for the transfer
of property to a person, he may do or authorise to be done anything
necessary or convenient to effect the transfer, including the execution
of any instrument and the making of an application for registration of
an interest in the property.

Registered 18.-(1) Where a foreign forfeiture order is registered with the

foreign forfeiture
orders High Court in terms of Part VI of the Mutual Assistance Act, this Part
shall, mutatis mutandis, apply in relation to the foreign order.
(2) Any property in relation to which a foreign forfeiture order
has been registered in terms of subsection (1) may be disposed of or
otherwise be dealt with in accordance with any direction of the
Attorney-General or of a person authorised by the Attorney-General in
writing for that purpose.

PART III
PECUNIARY PENALTY ORDERS

16
Application of 19. This Part shall apply to-
Part III
(a) property that comes into the possession, or under the
control, of a person, whether within or outside the
United Republic and whether before or after the
commencement of this Act; and
(b) benefits that accrued to a person, whether within or
outside the United Republic and whether before or after
the commencement of this Act.

Special provision 20. An application for a pecuniary penalty order against a

relating to
specified person in respect of his conviction of a specified offence shall not be
offences granted by a court before the expiry of a period of six months
commencing on the date of the conviction upon which the application
is based or after the expiry of a period of twelve months from that
date.

Pecuniary 21.-(1) Where an application is made to a court for a pecuniary

penalty orders
penalty order in respect of benefits derived by a person from the
commission of an offence and the court is satisfied that the person
derived benefits from the commission of the offence, the court may, in
terms of section 22, assess the value of the benefits so derived and
order that person to pay to the Treasury Registrar, subject to
subsections (2) and (3), a pecuniary penalty equal to the value of the
benefits assessed.
(2) Where property that is the proceeds of an offence has been
forfeited in terms of this Act or any other enactment or a forfeiture
order is proposed to be made against property that is the proceeds of
an offence, the penalty referred to in subsection (1) shall be reduced
by an amount equal to the value as at the time of the making of the
pecuniary penalty order of the property forfeited.
(3) Where any amount of tax, whether under the law of
Tanzania or a foreign country, has been paid by a person and that tax
is attributable in whole or in part to the benefits in respect of which
the pecuniary penalty order is being made, such amount may, if the
court so directs, be deductible from the penalty assessed in terms of
subsection (1).
(4) The court may reduce the amount payable by a person
under a pecuniary penalty order made in relation to an offence by an
amount equal to the amount paid by the person by way of restitution,
compensation, damages or a fine in relation to the offence.
(5) In calculating the amount payable under a pecuniary
penalty order, if the court took into account a forfeiture of, or a
proposed forfeiture order in respect of, property and an appeal against
the forfeiture order is allowed or the proceedings for the proposed
forfeiture order are terminated before the order is made, the Attorney-

17
 General may apply to the court for a variation of the pecuniary penalty
order to increase the pecuniary penalty by the value of the property
concerned and the court may vary the order accordingly.
(6) In calculating the amount payable under a pecuniary
penalty order, if the court took into account an amount of tax paid by
the person and an amount is repaid or refunded to the person in
respect of that tax, the Attorney-General may apply to the court for a
variation of the pecuniary penalty order to increase the pecuniary
penalty by the amount repaid or refunded and the court may vary the
order accordingly.
(7) Any amount payable by a person to the United Republic in
terms of a pecuniary penalty order shall be a civil debt due to the
United Republic and shall be recoverable by civil process.

Assessment of 22-(1) For the purposes of a pecuniary penalty order against a

pecuniary
penalty person (hereinafter referred to as "the defendant"), the value of the
benefits derived by the defendant from the commission of an offence
shall be assessed by the court having regard to-
(a) the amount of money or value of property that came
into the possession or under the control of-
(i) the defendant; or
(ii) any other person at the request or direction of
the defendant, by reason of the commission of
the offence;
(b) the value of any other benefit gained by-
(i) the defendant; or
(ii) by reason of the commission of the offence;
(c) if the offence consisted of the doing of an act or thing in
relation to narcotic drugs and psychotropic substances-
(i) the market value, at the time of the offence, of
similar or substantially similar narcotic drugs
and psychotropic substances; and
(ii) the amount that was, or the range or amounts
that were, ordinarily paid for doing a similar or
substantially similar act or thing;
(d) the value of the defendant's property before and after the
commission of the offence; and
(e) the defendant's income and expenditure before and after
the offence.
(2) In assessing the value of a benefit for the purposes of this
section the court may treat as the value of the benefit the value that
benefit would have had if the benefit derived at the time the valuation
is being made and may have regard to any decline in the purchasing
power of money between the time the benefit was arrived at and the
time the valuation is being made.
(3) Where an application is made for a pecuniary penalty order

18
against a person's property in respect of a serious offence other than a
specified offence-
(a) if evidence is adduced that the value of the person's
property after the commission of the offence exceeded
before the commission of the offence, then the court
shall for the purposes of subsection (1) of section 23 but
subject to paragraph (b) and subsection (7), treat the
value of the benefits derived by the person from the
commission of the offences as being not less than the
amount of the excess;
(b) if, following the evidence referred to in paragraph (a),
the person satisfies the court that-
(i) the whole of the excess was due to causes
unrelated to the commission of the offence,
paragraph (a) shall not apply; or
(ii) a part of the excess was due to causes unrelated
to the commission of the offence, paragraph (a)
shall apply only to that part of the excess which is
related to the commission of the offence.
(4) Where an application is made for a pecuniary penalty order
against a person's property in respect of a specified offence or
offences-
(a) all the property of that person at the time the application
is made; and
(b) all the property of that person at any time-
(i) between the day the offence, or the earliest
offence, was committed and the day on which
the application is made; or
(ii) within the period of five years immediately
before the day on which the application is
made,
shall, whichever is the shorter, be deemed, unless the contrary
is proved, to be property that came into the possession or
under the control of the person by reason of the commission of
the specified offence or offences.
(5) A benefit shall not be taken into account for the purposes
of this section if a pecuniary penalty has been imposed in respect of
the benefit in terms of this Act or any other enactment.
(6) For the purposes of this section, where the property of a
person has vested in a trustee of the person's insolvency, the property
shall be taken to continue to be the property of the person.
(7) At the hearing of an application for a pecuniary penalty
order, a police officer who has experience in the investigation of
narcotic drugs and psychotropic substances offences may testify, to
the best of his information, knowledge and belief-
(a) as to the market value of narcotic drugs and

19
 psychotropic substances at a particular time or during a
particular period;
(b) as to the price, or range of prices, paid at a particular
period for the doing of an act or thing in relation to
narcotic drugs and psychotropic substances,
notwithstanding any law or practice relating to hearsay
evidence, and the testimony shall be prima facie evidence of
the matters testified to.

Court may lift 23.-(1) In assessing the value of benefits derived by a person
corporate veil
from the commission of any serious offence, the court may treat as
property of the person any property that, in the opinion of the court, is
subject to the effective control of the person whether or not the person
has-
(a) any legal or other interest in the property; or
(b) any right, power or privilege in connection with the
property.
(2) Without limiting the generality of subsection (1), the court
may have regard to-
(a) shareholdings in, debentures over or directorships of
any company that has an interest, whether direct or
indirect in the property;
(b) any trust that has relationship to or interest in the
Act No. 15
of 2007 property;
S.10 (c) any family, domestic or business relationships between
persons having an interest in the property, or in any
company or trust referred to in paragraph (a) or (b), and
any other persons.
(3) Where for the purposes of making a pecuniary penalty
order against a person, a court treats particular property as that
person's property pursuant to subsection (1), it may on application by
the Attorney-General make an order declaring that the property is
available to satisfy the order.
(4) Where the Attorney-General makes an application in terms
of subsection (3)–
(a) he shall give written notice of the application to the
person and to any other person whom he has reason to
believe may have an interest in the property; and
(b) any person referred to in paragraph (a) may appear and
adduce evidence at the hearing of the application.

Amounts paid in 24. Where a foreign pecuniary penalty order is registered in a

respect of
registered court in the United Republic under the Mutual Assistance Act, any
foreign amount paid, whether in the United Republic, in the foreign country in
pecuniary which the order was made or elsewhere, in satisfaction of the foreign
penalty orders
pecuniary penalty order, shall be taken to have been paid in

20
 satisfaction of the debt that arises by reason of the registration of the
foreign pecuniary penalty order in that court.

PART IV
FORFEITURE IN RESPECT OF SPECIFIED OFFENCES

Forfeiture of 25.-(1) Subject to section 43(4), if at the expiration of six

restrained
property in months from the day of conviction a restraining order issued in respect
relation to of the property of a person convicted of a specified offence is still in
specified force, the property shall be forfeited to the United Republic.
offences
(2) Subject to subsection (3), property forfeited to the United
Republic under subsection (1) shall vest in the Treasury Registrar.
(3) Where immovable property or other property whose
ownership passes through registration is forfeited to the United
Republic, the Treasury Registrar shall be entitled to be registered as
the owner of the property and the Minister shall have power to do, or
to authorise to be done, anything necessary or convenient to effect the
registration of the Treasury Registrar as the owner, including
execution of any instrument required to be executed by a person
transferring an interest in property of that kind.
(4) Where property is forfeited to the United Republic in
accordance with this section-
(a) the property shall not, except with the leave of the court
that issued the restraining order and in accordance with
any directions the court may make, be disposed of or
otherwise dealt with by or on behalf of the Treasury
Registrar until any appeal instituted in relation to the
matter has been determined or the time for instituting an
appeal has lapsed without any appeal being instituted;
and
(b) if, at the end of the period referred to in paragraph (a),
the conviction has not been quashed, the property may
be disposed of, or otherwise dealt with, in accordance
with any direction of the Minister or of a person
authorised by the Minister for the purposes of this
paragraph.
(5) Any direction in terms of paragraph (b) of subsection (4)
may include a direction that the property shall be disposed of in
accordance with any enactment specified in the direction.

Recovery of 26.-(1) Where property is forfeited to the United Republic in

property to
which section 25 terms of section 25, any person who claims an interest in the property
applies may, subject to subsections (2) and (4), apply to the court which
issued the restraining order for an order under subsection (6) or (7).
(2) The application referred to in subsection (1) shall, subject
to subsection (3), be made before the expiry of the period of six

21
 months commencing on the day on which the property is forfeited to
the United Republic.
(3) The court may grant a person leave to apply after the
expiry of the period referred to in subsection (2) if it is satisfied that
the delay in making the application was not due to neglect.

(4) An application for an order under subsection (6) or (7) in

relation to an interest in property shall not, except with the leave of
the court, be made by a person who was given notice of the
proceedings at the time of the application for the issue of the interdict.
(5) The court may grant a person leave in terms of subsection
(4) if it is satisfied that his failure to have the property excluded from
the restraining order was not due to any neglect on his part.
(6) Where a person applies for an order in respect of an
interest in property and the court is satisfied-
(a) that the applicant was not in any way involved in the
commission of the relevant specified offence;
(b) where the applicant acquired the interest at the time of
or after the commission of the offence, that he did so
lawfully and for sufficient value; and
(c) that the property was acquired in circumstances such as
would not arouse a reasonable suspicion that the
property was tainted property,
(d) the court may make an order declaring the nature, extent
and value of the interest of the applicant and direct the
Treasury Registrar to transfer the interest to the
applicant or order the payment to the applicant by the
Treasury Registrar of an amount equal to the value of
the interest.
(7) Where a person applies for an order in respect of an
interest in property and the court is satisfied that it would not be
contrary to public interest for the interest to be transferred to the
person and that there is no other reason why the interest should not be
transferred to the person, the court may-
(a) determine the nature, extent and value of the interest;
and
(b) order that section 25 shall cease to operate in relation to
the interest if payment for the interest is made in terms
of section 29.

Effect of 27.-(1) Where a conviction in respect of property forfeited to

quashing of
conviction the United Republic in terms of section 25 is quashed, the Attorney-
General shall-
(a) as soon as practicable after the quashing of the
conviction, give notice of the quashing of the conviction
to any person whom the Attorney-General has reason to

22
 believe may have had an interest in the property
immediately before the property was forfeited; and
(b) if ordered to do so by the court, give written notice or
publish a notice in the Gazette of the quashing of the
conviction to a specified person or class of persons
within such time as the court may fix.
(2) A notice in terms of subsection (1) shall include a
statement to the effect that a person claiming an interest in the
property may apply in terms of subsection (3) for the transfer of the
interest to the person.
(3) Any person who claims to have had an interest in property
immediately before it was forfeited to the United Republic may apply
to the Minister, in writing, for the transfer of the interest to himself
and on receipt of application, the Minister shall-
(a) if the interest is in respect of property which is still
vested in the United Republic, arrange for the transfer
of the interest to the person;
(b) in any other case, arrange for the payment to the person
of an amount equal to the value of the interest.
(4) In arranging for the transfer of any property in terms of
paragraph (a) of subsection (3), the Minister shall have power to do,
or authorise to be done anything necessary or convenient to effect the
transfer, including the execution of any instrument.

Person with 28.-(1) Where a court makes an order in terms of subsection

interest in
forfeited (6) of section 16 in respect of an interest in property, the payment to
property may the Treasury Registrar of the amount specified in the order as the
buy back interest value of the interest shall discharge the forfeiture order to the extent to
which it relates to the interest.
(2) Where a court makes an order in terms of subsection (7) of
section 26, and a payment to the Treasury Registrar of an amount
specified in the order as the value of the interest is made, section 25
shall cease to apply in relation to the interest.
(3) The Minister shall arrange for the interests referred to
subsections (1) and (2) to be transferred to the person in whom they
were vested immediately before the property was forfeited to the
United Republic and shall have power to do, or authorise to be done,
anything necessary or convenient to effect the transfer, including the
execution of any instrument.

Buying out other 29. Where a person is, in terms of this Part, authorised to take
interests in
forfeited transfer of any interest in property which is forfeited to the United
property Republic, he may, on giving notice to any other person otherwise
interested in the property immediately before the forfeiture took place,
purchase that other interest from the Treasury Registrar; save that the
persons served with the notice may, within twenty-one days of the

23
 receipt of the notice, lodge with the Minister a written objection to the
purchase of that interest.

Forfeiture where 30-(1) Where the Attorney-General suspects on reasonable

person cannot be
brought before grounds that any person has acquired, holds or is dealing with tainted
court property and it is not possible-
(a) for any person to bring the person before before a court
on a charge for any court serious offence; or
(b) for a foreign pecuniary penalty order or a foreign
forfeiture order to be made in respect of the person,
he may apply to the High Court for an order to declare the
property forfeited to the United Republic.
(2) The High Court may, on an application in terms of
subsection (1), if it is satisfied that the property concerned is tainted
property and that it is in the interests of justice that the property be
forfeited to the United Republic, order accordingly.

PART V
CONTROL OF PROPERTY LIABLE TO CONFISCATION

Powers of Search 31.-(1) Subject to subsection (2) a police officer may search a
and Seizure
person for, and seize, any property which he believes, on reasonable
grounds, to be tainted property.
(2) The search or seizure referred to in subsection (1) shall be
made-
(a) with the consent of the person concerned;
(b) under warrant issued under section 32; or
(c) in emergencies in accordance with section 34.
(3) Subject to subsection (2), a police officer may enter upon
any land or upon or into premises, search the land or premises for
tainted property and seize any property found in the course of the
search which the officer believes, on reasonable grounds, to be tainted
property.
(4) In conducting a search in terms of this section, a police
officer may also search the clothing that is being worn by the person
and any property under or apparently under the person's immediate
control; save that nothing contained in this section shall be construed
as authorising a police officer to carry out a search by way of an
examination of body cavities.
Act No. 15 Freezing 31A. Where the Inspector General of Police or the
Of 2007 of an
s. 11 account Director of Criminal Investigation suspects on reasonable
grounds that any person has been involved in the
commission of a serious offence, a predicate offence or
money laundering he may authorize and direct a police
officer of the rank of Assistant Superintendent of Police or
above to freeze a bank account and seize any document

24
 from that bank or financial institution for seven days during
which leave of the court for continued seizure shall be
obtained.
Search warrants 32.-(1) Where a police officer has reasonable grounds for
in relation to
tainted property believing that there is tainted property of a particular kind on a person,
his clothing or under his immediate control, or upon any land or upon
or in any premises, he may apply to a magistrate for the issue of a
search warrant for the tainted property.
(2) On an application in terms of subsection (1), a police
officer shall lay before the magistrate information on oath setting out
the grounds upon which the warrant is sought and the magistrate may,
subject to subsection (4), issue a warrant authorising a police officer-
(a) in the case of a search warrant in respect of land or
premises, to enter upon the land, or upon or into the
premises;
(b) to search for the tainted property; and
(c) to seize property found in the course of the search
which the police officer on reasonable grounds believes
to be tainted property.
(3) A search warrant may be issued in terms of subsection (2)
in relation to tainted property whether or not information has been laid
before the magistrate in respect of the relevant offence.
(4) A magistrate shall not issue a warrant in terms of this
section unless he is satisfied that-
(a) there are reasonable grounds for issuing the warrant;
and
(b) where information has not been laid before him in
respect of the relevant offence at the time of the
application for the warrant-
(i) the property is tainted property; and
(ii) information will be laid before him in respect
of the relevant offence within forty-eight
hours.
(5) A warrant issued in terms of this section shall specify–
(a) the purpose for which the warrant is issued, including
the nature of the relevant offence;
(b) the kind of property authorised to be seized;
(c) the date on which the warrant shall cease to have effect;
and
(d) the time during which entry upon any land or premises
is authorised.
(6) If in the course of searching under a search warrant issued
in terms of this section for tainted property in relation to a particular
offence, a police officer finds-
(a) property which he believes on reasonable grounds to be
tainted property in relation to the offence, although not

25
 of a kind specified in the warrant; or
(b) tainted property relating to another serious offence; or
(c) anything that the police officer believes, on reasonable
grounds, will afford evidence as to the commission of a
criminal offence,
and the police officer believes, on reasonable grounds, that it is
necessary to seize that property or thing in order to prevent its
concealment, loss or destruction, or its use in committing or
continuing or repeating the offence or any other offence, the
warrant shall be deemed to authorise the police officer to seize
that property or thing.
(7) A police officer acting in accordance with a warrant issued
in terms of this section may require a person to remove any clothing
that the person is wearing but only if the removal of the clothing is
necessary and reasonable for an effective search of the person.
(8) A person shall not be searched in terms of this section
except by a person of the same sex and with strict regard to decency.

Search warrant 33.-(1) Where, by reason of circumstances of urgency, a police

may be granted
by telephone officer considers it necessary to do so he may apply for a search
warrant to a magistrate by telephone.
(2) Before making the application referred to in subsection (1),
the police officer shall prepare the information referred to in section
32(2).
(3) On an application in terms of subsection (1), a magistrate
may, if satisfied after considering the information referred to in
subsection (2) or any other information he may receive concerning the
grounds upon which the issue of the search warrant is sought, that
there are reasonable grounds for issuing the warrant, he shall issue the
warrant and record thereon the reason for granting it.
(4) Where a magistrate has issued a warrant in terms of
subsection (3), he shall inform the police officer of the terms of the
warrant and the date on which and the time at which it was signed and
the police officer shall in turn complete a form of warrant in terms
furnished by the magistrate, including the name of the magistrate.
(5) Not later than the day next following the date of the
execution of the warrant or the expiry of the warrant, whichever is the
earlier, the police officer shall give the magistrate who authorised the
warrant the form of the warrant completed by him and the information
in connection with the warrant, duly sworn.
(6) On receipt of the documents referred to in subsection (5),
the magistrate shall attach to them the warrant signed by him and deal
with the documents in the manner in which he would have dealt with
them had the application been made in terms of section 32.
(7) A form of warrant duly completed by a police officer in
accordance with subsection (4) shall be authority for any search, entry

26
 or seizure.

Searches in 34. A police officer may search a person for tainted property
emergencies
or enter upon land or into premises and search for tainted property and
may seize any tainted property he finds in the course of the search if-
(a) he believes on reasonable grounds that it is necessary to
do so in order to prevent the concealment, loss or
destruction of the tainted property; and

(b) the search, entry or seizure is made in circumstances of

such seriousness and urgency as to require and justify
immediate search, entry or seizure without the authority
of an order of the court or a warrant issued in terms of
this Act.

Responsibility 35. Where property is seized in terms of this Part, the

for seized
property Inspector-General of Police or other officer authorised by him in
writing, shall arrange for the property to be kept and shall ensure that
all reasonable steps are taken to preserve it while it is so kept until it is
required for the purposes of this Act or disposed of in terms of this
Act.

Return of seized 36.-(1) Where property has been seized in terms of this Part
property
and-
(a) it appears that the property was seized otherwise than
because it may afford evidence of the commission of an
offence;
(b) at the end of the period of forty-eight hours after its
seizure, the matter has not been laid before a magistrate;
or
(c) no forfeiture order is made in respect of the property
within fourteen days after the conviction of a person in
connection with the property,
(d) any person who claims an interest in the property may
apply to the court for an order that the property be
returned to him.
(2) Where an application for an interdict or a forfeiture order
in respect of property seized in terms of this Part is refused, the
Inspector-General of Police shall arrange for the property to be
returned to the person from whose possession it was seized as soon as
practicable after the refusal of the application.

Search for and . 37.-(1) Where a police officer is authorised under the Mutual
seizure of tainted
property in Assistance Act to apply to a magistrate for a search warrant under this
relation to Act in relation to tainted property in respect of a foreign specified
foreign offences offence, the provisions of this Part shall, mutatis mutandis, apply in

27
relation to the application for the search warrant.
(2) If, in the course of searching for tainted-
(a) any property which he believes, on reasonable grounds,
to be tainted property in relation to the foreign specified
offence although not of the kind specified in the
warrant;
(b) any property which he believes, on reasonable grounds,
to be tainted property in relation to another foreign
specified offence in respect of which a search warrant is
in force; or
(c) any thing which he believes, on reasonable grounds-
(i) to be relevant to criminal proceedings
in the foreign country in respect of the
foreign specified offence; or
(ii) will afford evidence as to the
commission of a criminal offence, and
he believes, on reasonable grounds,
that it is necessary to seize that
property or thing in order to prevent
its concealment, loss or destruction, or
its use in committing, continuing or
repeating the offence or any other
offence, the warrant shall be deemed
to authorise the police officer to seize
that property or thing.

(3) Any person who claims an interest in property seized under

a warrant issued in respect of a foreign specified offence may apply to
court for an order that the property be returned to him.
(4) On an application in terms of subsection (3), if the court is
satisfied that-
(a) the person is entitled to the property; and
(b) the property is not tainted property in relation to the
foreign specified offence,
the court shall order the Inspector-General of Police to return
the property to that person.
(5) Where property has been seized in respect of foreign
specified offence and, at the end or thirty days after the day on which
the property was seized-
(a) neither a foreign interdict nor a foreign forfeiture order
in relation to the property has been registered in
accordance with the Mutual Assistance Act; and
(b) an interim restraining order has not been issued in terms
of this Act in relation to the foreign specified offence,
the Inspector-General of Police shall arrange for the property
to be returned to the person from whose possession it was

28
 seized as soon as practicable after the expiry of that period.

Restraining 38-(1) Where a person has been convicted of a serious offence

orders
or has been or is about to be charged with a serious offence, the
Attorney-General may apply to a court for a restraining order in terms
of this Part against all or any specified property of that person
including property acquired after the issue of the restraining order and
property of a person other than the person convicted.
(2) On an application in terms of subsection (1), the court may,
subject to section 39-
(a) order that the property specified in the application shall
not be disposed of, or otherwise dealt with, by any
person except in the manner and in the circumstances
specified in the order; or
(b) if it is satisfied that the circumstances so require, direct
that the property or such part of the property as is
specified in the order, be taken into the custody and
control of a trustee appointed for that purpose by the
court.
(3) A restraining order against a person's property may be
granted subject to such conditions as the court thinks fit and may
make provision for meeting out of the property-
(a) that person's reasonable living expenses, including the
reasonable living expenses of his dependants and
reasonable business expenses;
(b) that person's reasonable expenses in defending a
criminal charge; and
(c) a specified debt incurred by that person in good faith,
being a debt to which neither paragraph (a) nor (b)
applies.
(4) A court shall not make any provision referred to in
subsection (3) unless it is satisfied that the defendant cannot meet the
expense or debt concerned out of property that is not subject to the
interdict.
(5) Where a trustee takes charge of any property in terms of
this section, he may do anything that is reasonably necessary for the
purpose of preserving the property, including-
(a) becoming a party to any civil proceedings affecting the
property;
(b) ensuring that the property is insured; and
(c) if the property consists, in whole or in part, of a
business, employing or terminating the employment of
persons in the business.
Grounds for 39.-(1) Where the offence concerned is a specified offence, the
issuing a
restraining order court shall, subject to this section, issue a restraining order against the
property.

29
 (2) Where the offence concerned is a serious offence other
than a specified offence, the court shall, subject to this section, issue
an interdict against the property unless the court is satisfied that it is
not in the public interest to make such an order.
(3) Where the defendant has not been convicted of the offence
concerned, the court shall not issue a restraining order unless-
(a) the application for the interdict is supported by an
affidavit of a police officer stating that he believes that
the defendant committed the offence; and
(b) the court is satisfied, having regard to the matters
contained in the affidavit, that there are reasonable
grounds for holding that belief.
(4) Where the application is made pending the charging of the
defendant with the offence concerned, the court shall not issue a
restraining order unless it is satisfied that the defendant will be
charged with the offence or a related offence within forty-eight hours.
(5) Where the offence concerned is a serious offence other
than a specified offence, the court shall not issue a restraining order
against the property of the defendant unless-
(a) the application is supported by an affidavit of a police
officer stating that he believes that-
(i) the property is tainted property; or
(ii) the defendant derived a benefit, directly or
indirectly, from the commission of the
offence; and
(b) the court is satisfied, having regard to the matters
contained in the affidavit, that there are reasonable
grounds for holding that belief.
(6) Where a restraining order is sought against a person other
than the defendant, the court shall not issue the restraining order
unless-
(a) the application is supported by an affidavit of a police
officer stating that he believes that–
(i) the property is tainted property in
relation to the offence; or
(ii) the property is subject to the effective
control of the defendant who derived a
benefit, directly or indirectly, from the
commission of the offence; and
(b) the court is satisfied, having regard to the matters
contained in the affidavit, that there are reasonable
grounds for holding that belief.
(7) In determining whether there are reasonable grounds to
believe that property is in the effective control of the defendant, the
court may have regard to the matters referred to in subsection (2) of
section 23.

30
 (8) A restraining order shall be granted in respect of property
whether or not there is any risk of the property being disposed of, or
otherwise dealt with, in such manner as would defeat the operation of
this Act.
(9) A court may refuse to grant a restraining order if the
Republic fails to give the court such undertakings as the court
considers appropriate with respect to the payment of damages of costs
in relation to the granting and operation of the order.
(10) An affidavit made by a police officer for the purposes of
this section shall set out the grounds on which the officer holds any
particular belief.

Notice of 40. Subject to subsection (2), the Attorney-General shall give

application for
restraining order written notice of an application for a restraining order against property
to-
(a) the owner of the property; and
(b) any other person whom he has reason to believe may
have an interest in the property.
(2) The court may grant a restraining order notwithstanding
that no notice of the application has been given in terms of subsection
(1) if it is satisfied that-
(a) circumstances of urgency require the granting of the
order; or
(b) it would be contrary to the public interest to give notice
of the application,
but, subject to subsection (3), a restraining order granted in
terms of this subsection shall cease to have effect at the end of
such period, not exceeding fourteen days, as may be specified
by the court.
(3) The court may, on application by the Attorney-General
before the expiry of the period referred to in subsection (2), extend the
period of operation of the restraining order granted in terms of that
subsection if the court is satisfied that there are circumstances
justifying the extension and the owner of the property or any other
person who may have an interest in the property shall be notified in
writing of the application in terms of this subsection.
(4) The court may at any time before the final determination of
an application for a restraining order or an extension of the period of
operation of a restraining order, direct the Attorney-General to give or
publish notice of the application to a specified person or class of
persons, in such manner and within such time as the court may fix.

Persons who may 41. Where the Attorney-General has, in terms of section
appear and
adduce evidence 40, given notice of an application for a restraining order or for the
extension of the period of operation of a restraining order, any person
who claims an interest in the property may appear and adduce

31
 evidence at the hearing of the application.

Notice of 42.-(1) Subject to subsection (2), where a restraining order is

restraining orders
made against a person's property, the Attorney-General shall give the
person written notice of the order.
(2) Where a court makes a restraining order, but it is satisfied
that it would be in the public interest to delay giving notice of the
order to a person, the court may order that giving the person notice of
the restraining order be delayed for such period as is specified in the
order under subsection (1) and the Attorney-General shall give the
person notice of the restraining order as soon as practicable after the
end of the period specified.

Court may make 43.-(1) Where a court grants a a restraining order, it may, at
further orders
the time it makes the order or at any later time, make any ancillary
order which it may consider necessary, including-
(a) an order varying the property to which the restraining
order relates;
(b) an order varying any condition to which the restraining
order is subject;
(c) an order for the examination on oath of the person (in
this section called the "respondent") whose property is
subject to the restraining order, or any other person,
concerning the affairs of the respondent, including the
nature and location of the property of the respondent; or
(d) an order for the carrying out of any undertaking given
by the United Republic in relation to the payment of
damages or costs arising from the granting of the
restraining order; or
(e) where the property is in the custody or under the control
of a trustee-

(i) an order directing the manner in which the

trustee may exercise his powers or perform
his duties in relation to the property; or
(ii) an order determining any question relating to
the property including any question relating
to the liabilities of the respondent;
(iii) an order directing the respondent to furnish the
trustee, within a specified period, with a
statement setting out such particulars of the
property as the court may think proper.

(2) An order under subsection (1) may be made on application

by-
(a) the Attorney-General;

32
 (b) the respondent;
(c) the trustee; or
(d) with the leave of the court, any other person,
(e) and every person with an interest in the matter shall be
notified by the applicant, in writing, of the application.
(3) Any person having an interest in property which is the
subject of a restraining order may apply to a court for the variation of
the restraining order to exclude the person's interest from the order
and the court shall grant such application-
(a) if the offence concerned is not a specified offence and
the interest is not tainted property; or
(b) where the offence concerned is a specified offence, if it
is satisfied that–
(i) the applicant was not in any way involved in the
commission of the offence; and
(ii) the interest in the property was acquired for
sufficient value, without knowledge, and in
circumstances such as not to arouse a reasonable
suspicion that the property was tainted property.
(4) An application in terms of subsection (3) may be granted
by the court if the court is satisfied that it is in the public interest to do
so having regard to all the circumstances of the case including-
(a) any financial hardship or other consequence of the
interest remaining subject to the restraining order;
(b) the seriousness of the offence; and
(c) the likelihood that the interest may be subject to a
forfeiture order or to section 25 or be required to satisfy
a pecuniary penalty order.
(5) A person who has been convicted of or has been charged or
is about to be charged with, a specified offence and whose property is
subject to a restraining order may apply to a court for the exclusion of
any property from the restraining order and the court shall grant the
application if it is satisfied that–
(a) the property was not used in, or in connection with, the
commission of the offence; and
(b) the interest in the property was lawfully acquired.
(6) Where a person is examined before a court pursuant to an order
under subsection (1), the person shall not be excused from answering
any question on the ground that the answer might tend to incriminate
him or make him liable to a penalty.
(7) Where a person other than a person against whom charges
have been or are to be laid is examined before a court pursuant to an
order under subsection (1), a statement or disclosure made by that
person in answer to a question put in the course of the examination,
and any information, document or thing obtained as a direct or
indirect consequence of the statement or disclosure, shall not be

33
 admissible against him in any criminal proceedings except
proceedings for giving false testimony in the course of examination.
(8) For the purposes of subsection (7), proceedings on an
application for a restraining order, a forfeiture order or a pecuniary
penalty order shall not be regarded as criminal proceedings.
(9) Where the Attorney-General applies to court for an order
under subsection (1), a witness shall not be required to answer a
question or to produce a document if the court is satisfied that
answering of the question or production of the document may
prejudice the investigation of, or the prosecution of any person for, an
offence.

Trustee to 44.-(1) Where a court has made a pecuniary penalty order

discharge
pecuniary against a person whose pecuniary property is in the custody or under
penalty order the control of a trustee, the court may direct the trustee to pay to the
United Republic an amount equal to the penalty amount out of the
property held by him.
(2) The court may, for the purposes of subsection (1), direct
the sale or otherwise dispose of any of the property in the custody of
the trustee or under his control and authorise him to execute any deed
or instrument in the name of the person who owns or has an interest or
right in the property.
(3) The trustee shall not apply any money in terms of
subsection (1) or dispose of any property in terms of subsection (2)
until any appeal lodged in relation to the matter has been determined
or the time for lodging any appeal has lapsed without any appeal
having been lodged.

Charge on 45.-(1) Where–

property subject
to restraining
order
(a) a pecuniary penalty order is made against a person in
reliance on his conviction of an offence; and
(b) a restraining order is or has been made against his
property or the property of another person in relation to
which an order under section 23(3) is, or has been,
made in reliance on his conviction of the offence or a
related offence or in reliance on his being charged, or
proposed charging, with the offence or a related
offence,
then, upon the making of the later of the orders there shall be
created, by virtue of this section and without any further
assurance, a charge on the property to secure the payment to
the United Republic of the penalty amount.
(2) Where a charge is created by subsection (1) on property of
a person, the charge shall cease to have effect in respect of the

34
 property-
(a) upon the quashing of the conviction in reliance on
which the pecuniary penalty order was made;
(b) upon the discharge of the pecuniary penalty order or the
restraining order by a court hearing an appeal against
the making of the order;
(c) upon payment to the United Republic of penalty amount
in satisfaction of the pecuniary penalty order;
(d) upon the sale of the property to a purchaser in good
faith for value who, at the time of purchase, has no
notice of the charge, whichever occurs first.
(3) A charge created on property by subsection (1)–
(a) shall be subject to every encumbrance on the property
that came into existence before the charge and that
would, apart from this subsection, have priority over the
charge;
(b) shall have priority over all other encumbrances; and
(c) subject to subsection (2), shall not be affected by any
change of ownership of the property.
(4) Where a charge is created by subsection (1) on property of
a particular kind and the provisions of any law in the United Republic
provide for the registration of title to, or charges over, property of that
kind, the Public Trustee or the Attorney-General, as the case be, may
cause the charge so created to be registered under the provisions of
that law and, if the charge is so registered, a person who purchases or
otherwise acquires an interest in the property after the registration of
the charge shall, for the purposes of subsection (2)(d), be deemed to
have notice of the charge at the time of the purchase or acquisition.

Registration of 46. Where a restraining order has been of granted in respect of

restraining orders
immovable property or any property or interest in property that is
subject to registration, the Attorney-General shall apply to the
appropriate registrar for a recording in the register of the particulars of
the restraining order.

Contravention of . 47. Every person who disposes of, or otherwise deals with,
restraining orders
property which to his knowledge is subject to a restraining order shall
be guilty of an offence and liable-
(a) in the case of an individual, to a fine not exceeding five
hundred thousand shillings or the value of the property,
whichever is the greater, or to imprisonment for a
period not exceeding fifteen years, or to both that fine
and that imprisonment; or
(b) in the case of a body corporate, to a fine not exceeding
five million shillings or three times the value of the
property, whichever is the greater.

35
 (2) Any unauthorized dealing with property which is subject to
a restraining order may be set aside by the court at the instance of the
Attorney-General

Duties of trustee 48.-(1) If, after a trustee has been directed to pay a pecuniary
penalty out of the property of a person, the trustee is given notice in
writing of proceedings in terms of the law for the time being in force
in relation to insolvency against the person, he shall not take any
action to sell or otherwise dispose of any property or pay the United
Republic any money until the proceedings have been disposed of.
(2) Where a person whose property is in the custody or under
the control of a trustee becomes insolvent, the property shall be
deemed to be in the possession or under the control of the trustee as,
or on behalf of, the trustee of the estate of the insolvent person.

Protection of 49.-(1) A trustee shall not be personally liable for-

trustee from
personal liability (a) any loss or damage arising from his having taken
custody or control of the property which is sustained by
any person claiming the property or an interest in the
property unless the court in which the claim is made is
of the opinion that the trustee is guilty of negligence in
respect of the taking of custody or control of the
property; or
(b) the cost of proceedings instituted to establish a claim to
the property or an interest in the property.
(2) A trustee shall not be personally liable for any rate or tax
due under any enactment in respect of property which is in his custody
or under his control.

Remuneration 50.-(1) A trustee shall be entitled to remuneration and

and expenses of
trustee expenses in respect of the performance of his duties in relation to
property in his custody or under his control.
(2) The Minister shall by regulations published in the Gazette
provide for or in respect of the remuneration and expenses of a trustee
in relation to the performance of his duties under this Act.

Court may 51.-(1) A court may, on application by a person against whom

revoke
restraining orders a restraining order has been issued, revoke the order if the person
gives security to the satisfaction of the court for the payment of any
pecuniary penalty that may be imposed upon him.
(2) A person who makes an application in terms of subsection
(1) shall notify the Attorney-General and, where the property is in the
custody or under the control of a trustee, the trustee.

When restraining 52.-(1) A restraining order shall cease to have effect if the
order ceases to
have effect charge against the person in relation to whom the order was issued is

36
 withdrawn or if the person is acquitted.
(2) Where a court has made a confiscation order, a restraining
order shall cease to have effect once the confiscation order is satisfied
or otherwise discharged.

Interim 53.-(1) Where the Attorney-General is authorised under the

restraining order
in respect of Mutual Assistance Act to obtain the issue of a restraining order in
foreign offence terms of this act in respect of a foreign specified offence, the
provisions of this Part relating to the application for a restraining order
shall, mutatis mutandis, apply in relation to the application for a
restraining order in respect of the foreign specified offence.
(2) A restraining order, granted in respect of a foreign
specified offence shall cease to have effect on the expiry of a period of
thirty days commencing on the day on which the order was granted.
(3) On application by the Attorney-General before the expiry
of the period referred to in subsection (2), a court may extend the
period of operation of the restraining order.
(4) Where a foreign restraining order is not registered the High
Court in terms of the Mutual Assistance Act, before the expiry of the
period referred to in subsection (2) or (3), the order referred to in
subsection (1) shall cease to have effect.

Registered 54. Where a foreign restraining order has been registered with
foreign
restraining orders the High Court in terms of the Mutual Assistance Act, the provisions
of this Part relating to restraining orders shall, subject to sections 55
and 56 mutatis mutandis, apply in relation to registered foreign
interdicts or restraining orders.

Trustee to take 55. (1) Where a foreign restraining order has been registered
control of
property in in the United Republic, the court may, upon application by the
relation to Attorney-General, direct that the property, or any part of the property,
registered be taken into the custody of or under the control of a trustee appointed
foreign
restraining order by the court.
(2) The owner of the property or any other person whom the
Attorney-General has reason to believe may have an interest in the
property shall be notified in writing of any application in terms of
subsection (7).
(3) The court may, before making a direction in terms of
subsection (1), direct the Attorney-General to give or publish notice of
the application to a specified person or class of persons, in such
manner and within such time as the court considers appropriate.
(4) Any person who claims an interest in property in respect of
which an application in terms of subsection (1) has been made may
appear and adduce evidence at the hearing of the application.
(5) Where a direction in terms of subsection (1) has been
made, the court may at any time make any one or more of the

37
 following orders-
(a) an order regulating the manner in which the trustee may
exercise his powers or perform his duties;
(b) an order determining any question relating to that
property; or
(c) an order directing the owner of the property to furnish
the trustee with such particulars relating to the property
as the court thinks fit.
(6) A trustee may do anything that is reasonably necessary for
the purpose of preserving the property, including-
(a) becoming a party to any civil proceedings relating to or
affecting the property;
(b) ensuring that the property is insured; and
(c) if the property consists, in whole or in part, of a
business, employing or terminating the employment of
persons in the business.
Undertaking by 56. The court may, on application by any person claiming an
the Attorney-
General interest in property which is subject to a foreign restraining order and
which is in the custody of or under the control of a trustee, make an
order requiring the Attorney-General to give or carry out the
undertaking with respect to the payment of damages or costs in
relation to that foreign restraining order.

Discharge of 57.-(1) Where–

registered
foreign (a) a foreign restraining order is registered in the United
pecuniary Republic in respect of property of a person convicted of
penalty or alleged to have committed, a foreign specified
offence;
(b) a foreign pecuniary penalty order against the person is
registered in the United Republic in relation to the
matter; and
the property is in the custody, or under the control, of a trustee,
the court in which the foreign pecuniary penalty order is registered
may direct the trustee to pay to the United Republic an amount equal
to the penalty amount out of the property.
(2) For the purposes of subsection (1) the court may-
(a) direct the trustee to sell or otherwise dispose of such of
the property under his control as the court may specify;
and
(b) authorise the trustee to execute any deed or instrument
in the name of the person who owns or has an interest or
right in the property.

PART VI
INFORMATION GATHERING POWERS

38
Production 58.-(1) Where a person has been convicted, or is reasonably
Orders
suspected of having committed, a serious offence and a police officer
has reasonable grounds for suspecting that any person has possession
or control of any property-tracking document in relation to that
offence he may apply to a court for an order directing the person,
subject to subsection (5), to produce to a police officer any document
described in the order which is in that person's possession or control.

(2) An application in terms of subsection (1) shall be

supported by an affidavit setting out the grounds upon which the
suspicion is based.
(3) Where, in an application for an order in terms of subsection
(1), a police officer includes in the affidavit referred to in subsection
(2) information that he has reasonable grounds to believe that the
person concerned derived a benefit, directly or indirectly, from the
commission of the offence and that the property specified in the
affidavit is subject to the effective control of the person, the court may
treat any document relevant to identifying, locating or quantifying that
property as a property-tracking document in relation to the offence for
the purposes of this section.
(4) In determining in terms of subsection (3) whether to treat a
document as a property-tracking document in relation to an offence, a
court may have regard to matters referred to in subsection (2) of
section 25.
(5) An order for the production of documents shall not be
Act No. 15
of 2007 made unless the court is satisfied that there are reasonable grounds for
S.12 making the order.
(6) Where a document is produced to a police officer, the police
officer may–
(a) inspect the document;
(b) take extracts from the document;
(c) make copies of the document; or
(d) retain the document if, and for as long as, retention of
the document is reasonably necessary.
(7) A police officer referred to in subsection (6) shall, at the
request of the person to whom the order was addressed-
(a) give the person a copy of the document certified by the
police officer in writing to be a true copy of the
document; or
(b) permit the person to-
(i) inspect the document;
(ii) take extracts from the document, or
(iii) make copies of the document.
(8) A person shall not be excused from producing a document
on the ground that its production-
(a) might tend to incriminate him or make him liable to a

39
 penalty; or
(b) would be in breach of any obligation or privilege not to
disclose the existence or contents of the document.
(9) The production of a document in terms of this section or
any information, document or thing obtained as a direct or indirect
consequence of the production of the document, shall not be
admissible against any person, other than the person against whom
charges have or are to be laid, in any criminal proceedings except
proceedings relating to-
(a) a contravention of an order of the court; or
(b) the production of a document known to the person to be
false or misleading in a material particular.
(10) For the purposes of subsection (9) proceedings on an
application for a restraining order, a forfeiture order or a pecuniary
penalty order shall not be regarded as criminal proceedings.

Variation of 59. Where a court makes a production order requiring a person

production order
to produce a document to a police officer, that person may apply to
the court for a variation of the order and if the court is satisfied that
the document is essential to the business activities of the person, it
may vary the production order so as to require the person to make the
document available to the police officer for inspection

Failure to 60.-(1) Where a person is required by a production order to

comply with
production order produce a document to a police officer or make a document available
to a police officer for inspection, that person shall be guilty of an
offence under this section if he-
(a) contravenes the order without reasonable excuse; or
(b) in purported compliance with the order produces or
makes available a document known to them to be false
or misleading in a material particular without-
(i) indicating to the police officer to whom the document
is produced or made available that the document is
false or misleading and the respect in which the
document is false or misleading; and
(ii) providing correct information to the police officer if
the person is in possession of, or can reasonably
acquire, the correct information.
(2) An offence against subsection (1) shall be punishable,
upon conviction, by-
(a) if the offender is a natural person, a fine not exceeding
one million shillings or imprisonment for a term not
exceeding five years, or both that fine and
imprisonment; or
(b) if the offender is a body corporate, a fine not exceeding
five million shillings.

40
Production 61.-(1) Where a police officer is authorised in terms of the
orders in relation
to foreign Mutual Assistance Act, to apply to court for a production order under
offences this Act in respect of a foreign specified offence, he may apply for an
order and sections 63 and 64 shall, mutatis mutandis, apply in respect
of the foreign specified offence.
(2) Where a police officer takes possession of a document
under a production order made in respect of a foreign specified
offence, he may retain the document for a period of one month
pending a written direction from the Attorney General as to the
manner in which the document is to be dealt with, which may include
a direction that the document be sent to an authority of the foreign
country which requested obtaining of the production order.

Search Powers 62.-(1) A police officer may enter upon any land or into any
premises and-
(a) search the land or premises for any property-tracking
document in relation to a serious offence; and
(b) seize any document found in the course of the search
which he believes, on reasonable grounds, to be a
property-tracking document in relation to the serious
offence.
(2) Entry by a police officer shall be made with the consent of
the occupier of the land or premises or under a warrant issued in terms
of section 68.

Search warrant 63.-(1) Where a person has been convicted of, or is reasonably
for property-
tracking suspected of having committed, a serious offence, and a police officer
document has reasonable ground for suspecting that there is upon any land or
upon or in any premises, a property-tracking document in relation to
the offence, that police officer may apply to a court for a search
warrant in respect of the land or premises and the court may subject to
subsection (5), issue a search warrant authorising a police officer, with
such assistance as is necessary-
(a) to enter upon the land or into premises specified in the
warrant to search for documents described in the
warrant; and
(b) to seize any document found in the course of the search
that the police officer believes, on reasonable grounds,
to be a property-tracking document.
(2) An application in terms of subsection (1) shall be
supported by an affidavit setting out the grounds upon which the
suspicion is based.
(3) Where, in an application for a warrant in terms of
subsection (1), a police officer includes in the affidavit referred to in
subsection (2) information that he has reasonable grounds to believe

41
that the person concerned derived a benefit, directly or indirectly,
from the commission of the offence and that the property specified in
the affidavit is subject to the effective control of the person, the court
may treat any document relevant to identifying, locating or
quantifying that property as a property-tracking document in relation
to the offence for the purposes of this section.
(4) In determining, in terms of subsection (3), whether to treat
a document as a property-tracking document in relation to an offence,
the court may have regard to the matters referred to in subsection (2)
of section 23.
(5) A search warrant shall not be issued in terms of this section
unless the court is satisfied that–
(a) the document concerned cannot be identified or
described with sufficient particularity for the purposes
of obtaining a production order;
(b) a production order has been given in respect of the
document and has not been complied with;
(c) a production order is unlikely to be complied with;
(d) the investigation for the purposes of which the search
warrant is sought might be seriously prejudiced if the
police officer does not gain immediate access to the
document without notice to any person; and
(e) there are reasonable grounds for issuing the warrant.
(6) The search warrant shall state-
(a) purpose for which it has been issued, including the
nature of the serious offence which has been or is
believed to have been committed;
(b) the time during which entry is authorised;
(c) a description of the kind of documents authorised to be
seized; and
(d) a date, being not later than thirty days after the date of
issue of the warrant, on which the warrant shall cease to
have effect.
(7) If, in the course of searching for a particular document in
relation to an offence, a police officer finds-
(a) another document which is not of the kind described in
the warrant but which he believes, on reasonable
grounds, to be a property-tracking document in relation
to the offence concerned or a property-tracking
document in relation to another serious offence; or
(b) anything that he believes, on reasonable grounds, will
afford evidence as to the commission of an offence,
he may, if he believes on reasonable ground that is necessary to seize
the document or thing in order to prevent its concealment, loss or
destruction, seize the document or thing.

42
Investigation 63A. –(1) Notwithstanding the provisions of any
of a bank
account other written law, the Inspector General of Police may,
where he considers that any evidence of the commission
of a serious offence, predicate offence or money
laundering by a person is likely to be found in a bank
account kept by that person, spouse or child or of any
person reasonably believed to be a trustee or agent of
Act No. 15 such person, and that procedure for obtaining an order of
of 2007 the court is likely to defeat the course for investigation,
s. 13 authorize in writing, any police officer, of or above the
rank of Assistant Superintendent of Police either alone or
with any other officer, to investigate the bank account
and such authorization shall be sufficient to warrant the
production of the bank account for scrutiny by that police
officer and such officer may take copies of nay relevant
entries from account
(2) Where in the course of investigation, it
appears necessary that a bank account be held for a
period exceeding seven days, the police officer referred
to under subsection (1) shall be required to obtain leave
of the court for continued holding of such bank account.
(3) Any person who, pursuant to the provisions
of subsection (1) fails to produce a bank account when
required to do so or obstruct a police officer from
scrutinizing the bank account or take copies of any
relevant entries from that bank account commit an
offence and shall, on conviction, be liable to
imprisonment for a term not exceeding two years or to a
fine of not less than one million shillings or to both
(4) In this section-
“bank account” includes any ledger, log book, cash
book, and any other document used in the
ordinary course of business by any person
carrying on, whether on his own behalf or as an
agent for another, and whether exclusively or
otherwise, any banking business whatsoever,
whether or not such person is a bank within the
meaning of the Banking and Financial Institutions
Act, 2005.
63B. For the purposes of obtaining evidence in
relation to serious offences, predicate offences or money
laundering, a police officer of the rank of Assistant
Superintendent of Police or above authorized as such ty
the Inspector General of police or the Director of
Criminal Investigations may with leave of the court-
(a) have access to computer data systems,

43
 networks and services;
(b) place under surveillance means of
preservation of information including
facsimile machines electronic transmission
and communication facilities;
(c) make audio or video recording of acts and
behaviors or conversations; and
(d) have access to notarial and private deeds,
or financial institutions and commercial
records.
Protection of 63C. No punishment shall be imposed to any
investigators
person investigating serious offence, predicate offence or
money laundering who, for the sole purpose of obtaining
evidence, performs in the manner specified, acts which
would rather be construed as elements constituting a
serious offence, a predicate offence or money laundering
or a conspiracy to commit a predicate offence or money
laundering

Leave of the 63D. For purposes of obtaining leave of the court

court
pursuant to the provisions of sections 63A and 63B, it
shall be sufficient for the Inspector General of Police or
the Director of Criminal Investigation to file Chamber
application supported by affidavit whether or not there is
a pending case in the court.

Search warrants 64.-(1) Where a police officer is authorised in terms of the

in relation to
foreign offences Mutual Assistance Act to apply to a court for a search warrant under
this Act for a property-tracking document in respect of a foreign
specified offence, the police officer may apply for the warrant and
section 63 shall, mutatis mutandis, apply in respect of the application.
(2) Where a police officer takes possession of a document
under a warrant in respect of a foreign specified offence, he may
retain it for a period not exceeding thirty days pending a written
direction from the Attorney-General as to the manner in which the
document is to be dealt with, which may include a direction that the
document is to be sent to an authority of the foreign country that
requested the issue of the warrant.

Monitoring 65.-(1) The Director of Public Prosecutions may apply to a

Orders
court for a monitoring order directing a financial institution to give
information to the Inspector-General of Police about financial
transactions conducted through an account held by a particular person
with that financial institution.
(2) A monitoring order shall apply in relation to financial
transactions conducted during the period specified in the order.

44
 (3) A court shall not make a monitoring order unless it is
satisfied that there are reasonable grounds for suspecting that the
person in respect of whose account the information is sought–
(a) has committed or is reasonably suspected of having
committed a specified offence;
(b) was involved in the commission of or is reasonably
suspected of having been involved in the commission
of, a specified offence; or
(c) has benefited, directly or indirectly, from the
commission of a specified offence.
(4) A monitoring order shall specify the name or names in
which the account is believed to be held and the type of information
that the financial institution is required to give.
(5) Any financial institution which contravenes a monitoring
order or provides false or misleading information shall be guilty of an
offence and liable to a fine not exceeding one million shillings.

Existence and 66.-(1) A financial institution that is or has been subject to a

operation of
monitoring order monitoring order shall not disclose the fact to any person except a
not to be legal practitioner for the purpose of obtaining legal advice or
disclosed representation in relation to the order.
(2) The Inspector-General of Police shall not disclose to any
person other than a member of the Police Force in the performance of
his duties, the existence of a monitoring order.
(3) The Inspector-General of Police shall not be required by
any court to disclose the existence of a monitoring order.
(4) Any person who contravenes this section shall be guilty of
an offence and liable to-
(a) in the case of an individual, a fine not exceeding two
hundred thousand shillings or to imprisonment for a
period not exceeding ten years or to both that fine and
imprisonment;
(b) in the case of a body corporate, to a fine not exceeding
one hundred thousand shillings.

Monitoring 67.-(1) Where a police apply to a court for a monitoring order

orders in relation
to foreign under this Act in respect of a foreign specified offence, section 66
offences shall, mutatis mutandis, apply in respect of the foreign specified
offence.
(2) Where the Inspector-General of Police is informed
pursuant to a monitoring order made in relation to a foreign specified
offence, he shall forthwith pass the information on to the Attorney-
General.

Obligations of 68. [Repealed, Act No. 15 of 2007, S. 14]

Financial
Institutions

45
 69. [Repealed, Act No. 15 of 2007 S. 15]

. 70. [Repealed, Act No. 15 of 2007 S. 16]

PART VII
MISCELLANEOUS PROVISIONS

Obstruction of 71.-(1) Any person who uses physical force, threat,

justice prohibited
intimidation, promises, offers or gives an undue advantage in order to-
(a) induce false testimony;
Act No. 15 (b) interfere with the giving of testimony or the production
of 2007 of evidence in a proceeding; or
s. 17 (c) interfere with the exercise of official duties by a
magistrate, judge, public prosecutor, state attorney or
any law enforcement official in relation to the
commission of offences under this Act, commits an
offence and shall, on conviction, be liable to
imprisonment for a term of not less than five years.

Prohibition in 72.-(1) No person shall acquire, hold or in any other way deal
dealing in tainted
property in any tainted property.
(2) Any tainted property in relation to a foreign specified
offence acquired, held or dealt with in contravention of this section
shall be liable to be forfeited to the United Republic by order of the
High Court on application by the Attorney-General.

Conduct of 73.-(1) For the purposes of this Act, where it is necessary to

directors,officers,
employees or establish the state of mind of a body corporate in respect of conduct
agents engaged in or deemed, in terms of subsection (2), to have been
engaged in, by the body corporate, it shall be sufficient to show that a
director, officer, employee or agent of the body corporate, being a
director, employee or agent by whom the conduct was engaged in the
course of his employment, had that state of mind.
(2) Any conduct engaged in on behalf of a body corporate by-
(a) a director, officer, employee or agent of the corporate
body in the course of his employment; or
(b) any other person at the direction or with the consent,
whether express or implied, of a director, employee or
agent of the body corporate, where the giving of the
direction or consent is within the scope of authority of
the director, officer, employee or agent,
shall, for the purposes of this Act, be deemed to have been
engaged in by the body corporate.
(a) an employee or agent of the person within the scope of
his authority; or
(b) any other person at the direction or with the consent,

46
 whether express or implied, of an employee or agent of
the first-mentioned person, where the giving of the
direction or consent is within the scope of authority of
the employee or agent,
shall, for the purposes of this Act, be deemed to have
been engaged in by the first-mentioned person.
(4) Where it is necessary to establish the state of mind of a
person in relation to conduct deemed in terms of subsection (3) to
have been engaged in by that person, it shall be sufficient to show that
the employee or agent of that person, being an employee or agent by
whom the conduct was engaged in within the scope of his authority,
had that state of mind.
(5) Any reference in this section to the state of mind of a
person includes a reference to the knowledge, intention, opinion,
belief or purpose of that person and that person's reasons for that
intention, opinion, belief or purpose.

Dealings with 74.-(1) A person who knows that a forfeiture order has been
forfeited
property made in respect of registrable property shall not, unless the forfeiture
order has been discharged, disposed of, or otherwise deal with the
property before the interest of the United Republic has been registered
in the appropriate register.
(2) A person who contravenes or fails or refuses to comply
with subsection (1) shall be guilty of an offence and liable on
conviction-
(a) if he is an individual to a fine not exceeding two
hundred thousand shillings or imprisonment for a period
not exceeding five years or to both the fine and
imprisonment;
(b) if the person is a body corporate, to a fine not exceeding
five million shillings.

Standard of proof 75. Subject to section 12, any question of fact to be decided
by a court on an application under this Act shall be decided on a
balance of probabilities..

Appeals 76.-(1) Any person who has an interest in property against

which a forfeiture order is made may appeal against that order-
(a) in the case of a person convicted of the offence in
reliance on which the order was made, in the same
manner as if the order were, or were part of, a sentence
imposed on the person in respect of the offence; or
(b) in any other case, in the same manner as if the person
had been convicted of the offence in reliance on which
the order was made and the order were, or were part of,
a sentence imposed on the person in respect of the

47
 offence.

(2) A person against whom a pecuniary penalty is made may

appeal against that order in the same manner as if it were, or were part
of, a sentence imposed on the person in respect of the offence in
reliance on which the order was made.

(3) Where a court makes a pecuniary penalty order, and makes

an order under section 23(3) declaring that particular property is
available to satisfy the order, any person who has an interest in the
property may appeal against the order under section 23(3) in the same
manner as if the person had been convicted of the offence in reliance
on which the order was made and the order were, or were part of, a
sentence imposed on the person in respect of the offence.
(4) On an appeal against a forfeiture order, a pecuniary penalty
order or an order made under section 23(3), the order may be
confirmed, discharged or varied.
(5) The Attorney-General may appeal against a forfeiture
order, a pecuniary penalty order or an order under section 23(3) or
against the refusal by a court to make such an order in the same
manner as if the order were, or were part of, a sentence imposed in
respect of the offence in reliance on which the order was made.
(6) Nothing in this section shall be construed as affecting any
right of appeal that a person would have apart from this section.

Costs 77. Where a person brings, or appears at, proceedings under

this Act before a court in order to-
(a) prevent a forfeiture order or restraining order from
being made against his property ; or
(b) to have his property excluded from a forfeiture order or
restraining order,
if he is successful in those proceedings, and the court is
satisfied that that person was not involved in any way in the
commission of the offence in respect of which the forfeiture
order or restraining order was sought or made, then the court
may order the Government to pay all costs incurred by that
person in connection with the proceedings or such part of these
costs as is determined by the court.

Operation of 78. Nothing in this Act shall be taken as limiting or restricting

other laws not
affected
(a) the operation of any law of the United Republic or of
the Revolutionary Government of Zanzibar providing
for the forfeiture of property or the imposition of
pecuniary penalties; or
(b) the remedies available to the Government, apart from

48
 this Act, for the enforcement of its rights and the
protection of its interests.

Regulations 79. The Minister may make regulations for the better carrying
out of the purposes and provisions of this Act, and prescribing matters
which are-
(a) required or permitted by this Act to be prescribed;
(b) necessary or convenient to be prescribed for carrying
out or giving effect to this Act.

49