No. 7 The Written Laws (Miscellaneous Amendments) (No.

2) Act, 2022
ISSN 085 - 0331X
THE UNITED REPUBLIC OF TANZANIA
No. 7 7th October, 2022

ACT SUPPLEMENT
to the Gazette of the United Republic of Tanzania No.7. Vol.103 dated 7th October, 2022
Printed by the Government Printer, Dodoma by Order of Government

THE WRITTEN LAWS (MISCELLANEOUS AMENDMENTS) (NO. 2)

ACT, 2022

ARRANGEMENT OF SECTIONS

Section Title

PART I
PRELIMINARY
PROVISIONS

1. Short title.
2. Amendment of certain written laws.

PART II
AMENDMENT OF THE ANTI-TRAFFICKING IN
PERSONS ACT,
(CAP. 432)

3. Construction.
4. Amendment of section 4.
5. Amendment of section 5.
6. Amendment of section 6.
7. Amendment of section 7.
8. Amendment of section 8A.
9. Amendment of section 13.

PART III
AMENDMENT OF THE DRUG CONTROL AND
ENFORECEMENT ACT,
(CAP. 95)

10. Construction.
11. Amendment of section 2.
12. Deletion and substitution of heading to Part IV.
13. Repeal and replacement of section 32.

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No. 7 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2022

14. Addition of section 32A.

15. Amendment of section 48.
16. Amendment of Third Schedule.

PART IV
AMENDMENT OF THE PUBLIC LEADERSHIP CODE OF
ETHICS ACT,
(CAP. 398)

17. Construction.
18. Amendment of section 9.
19. Repeal of section 10.
20. Amendment of section 11.
21. Amendment of section 18.
22. Amendment of section 19.
23. Amendment of section 26.

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No. 7 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2022

THE UNITED REPUBLIC OF TANZANIA

NO.7 OF 2022
I ASSENT

SAMIA SULUHU HASSAN,

President

[30th September, 2022]

An Act to amend certain written laws.

ENACTED by the Parliament of the United Republic of Tanzania.

PART I
PRELIMINARY PROVISIONS
Short title 1. This Act may be cited as the Written Laws
(Miscellaneous Amendments) (No.2) Act, 2022.
Amendment of 2. The written laws specified in various Parts of
certain written
laws this Act are amended in the manner specified in their
respective Parts.

PART II

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No. 7 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2022

AMENDMENT OF THE ANTI-TRAFFICKING IN PERSONS ACT,

(CAP. 432)
Construction 3. This Part shall be read as one with the Anti-
Cap.432
Trafficking in Persons Act, hereinafter referred to as the
“principal Act”.
Amendment of 4. The principal Act is amended in section 4(5) by
section 4
deleting the words “five million shillings but not more than
one hundred million shillings or to imprisonment for a term
of not less than two years and not more than ten years” and
substituting for them the words “to imprisonment for a term
of not less than twenty years but not exceeding thirty years
provided that, the court may, in addition to imprisonment,
order the convicted person to pay a fine of not less than fifty
million shillings but not more than one hundred million
shillings”.
Amendment of 5. The principal Act is amended in section 5(3) by
section 5
deleting the words “two million shillings but not more than
fifty million shillings or to imprisonment for a term of not
less than one year and not more than seven years” and
substituting for them the words “imprisonment for a term of
not less than five years but not exceeding ten years provided
that, the court may, in addition to imprisonment, order the
convicted person to pay a fine of not less than ten million
shillings but not exceeding fifty million shillings”.
Amendment of 6. The principal Act is amended in section 6(4) by
section 6
deleting the words “five million shillings but not more than
one hundred and fifty million shillings or to imprisonment
for a term of not less than ten years but not more than twenty
years” and substituting for them the words “imprisonment
for a term of not less than thirty years provided that, the
court may, in addition to imprisonment, order the convicted
person to pay a fine of not less than fifty million shillings
but not exceeding three hundred million shillings”.

Amendment of 7. The principal Act is amended in section 7(3) by

section 7
deleting the words “four million shillings but not more than
one hundred and fifty million shillings or to imprisonment

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No. 7 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2022

for a term of not less than seven years but not more than
fifteen years” and substituting for them the words
“imprisonment for a term of not less than ten years but not
exceeding twenty years provided that the court may, in
addition to imprisonment, order the convicted person to pay
a fine not less than fifty million shillings but not exceeding
two hundred million shillings”.

Amendment of 8. The principal Act is amended in section 8A by

section 8A
deleting the words “one million shillings but not exceeding
five million shillings or imprisonment for a term of not less
than six months but not exceeding one year” and
substituting for them the words “imprisonment for a term of
not less than five years but not exceeding ten years
provided that, the court may, in addition to imprisonment,
order the convicted person to pay a fine of not less than five
million shillings but not exceeding fifteen million
shillings”.
Amendment of 9. The principal Act is amended in section 13 by
section 13
deleting the words “more severe penalty” and substituting
for them the words “fine of not less than one hundred
million shillings but not exceeding two hundred million
shillings”.

PART III
AMENDMENT OF THE DRUG CONTROL AND
ENFORCEMENT ACT,
(CAP. 95)
Construction 10. This Part shall be read as one with the Drug
Cap. 95
Control and Enforcement Act, hereinafter referred to as the
“principal Act”.

Amendment 11. The principal Act is amended in section 2, by-

of section 2
(a) inserting the words “precursor chemicals,
substances with drug related effects and
substances used in the process of
manufacturing drugs” between the words

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No. 7 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2022

“psychotropic substance” and “any substance”

appearing in the opening phrase of definition of
the term “trafficking”;
(b) inserting the words “precursor chemicals,
substances with drug related effects and
substances used in the process of
manufacturing drugs” between the words
“psychotropic
substance” and “or” appearing in paragraph (a)
in the definition of the term “trafficking”;
(c) inserting the words “precursor chemicals,
substances with drug related effects and
substances used in the process of
manufacturing drugs” between the words
“psychotropic substance” and “or” appearing
in paragraph (b) in the definition of the term
“trafficking”; and
(d) inserting the words “precursor chemicals,
substances with drug related effects and
substances used in the process of
manufacturing drugs” between the words
“psychotropic substance” and “by” appearing
in paragraph (d) in the definition of the term
“trafficking”; and
(e) inserting in their appropriate alphabetical order
the following new definitions:
““Commissioner General” means the
Commissioner General of the Authority
appointed under section 6 of the Act;
Cap 20 “officer in charge of police station” has the
meaning ascribed to it under the Criminal
Procedure Act”.
Deletion and 12. The principal Act is amended by deleting the
substitution
of heading to heading of Part IV and substituting for it the following:
Part IV

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No. 7 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2022

“PROCEDURE RELATING TO INVESTI-

GATIONS”

Repeal and 13. The principal Act is amended by repealing

replacement
of section 32 section 32 and replacing for it the following:
“Powers of 32.-(1) The officers of the
officers of
Authority Authority shall have powers of arrest,
search, seizure and investigation in
relation to offences committed under
this Act and other related offences.
(2) Except where this Part
provides otherwise, an officer of the
Authority shall exercise the powers of
arrest, search, seizure, investigation
and recording of statements in
Cap. 20
relation to this Act as if such officer is
a police officer exercising powers
Cap. 403 under the Criminal Procedure Act or
customs officer under the Customs
(Management and Tariff) Act.
(3) The officers of the
Authority shall, in exercising the
powers under subsections (1) and (2),
and where the circumstances so
require, consult and cooperate with
other relevant authorities.
(4) For the purpose of
exercising the powers referred to
under subsection (2), the Authority
may upon approval by the Minister
establish cells or facilities for keeping
a person arrested under the Act.

(5) The safety and rights of

” the person detained under subsection
; (4) and other matters relating to
sending such person before the court

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shall be as provided for under other

written laws.”

Addition of 14. The principal Act is amended by adding immediately

section 32A
after section 32 the following:
“Authority to 32A.- (1) The Commissioner
conduct
search and General or police officer in charge of
seizure a police station may, by writing,
authorise any officer to-
(a) search any person, if it is
reasonably suspected that
such person has
committed an offence
under this Act; or
(b) search any premises,
vessel, boat, aircraft or
other vehicle whatsoever
in or upon which there is
reasonable cause to
believe that any substance
which is prohibited under
this Act has been placed,
deposited or concealed.

(2) The officer authorised to

conduct search under this section may
exercise such powers, at any time and
may, in the course of conducting the
search-

(a) be accompanied by such

other persons as he
considers necessary to
assist him; or

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(b) use reasonable and

proportionate force, into
or upon any premises,
vessel, boat, aircraft or any
other vehicle whatsoever.

(3) The officer referred to

under subsection (1) may, at any time-
(a) enter into and search any
building, conveyance or
place;
(b) in case of resistance, break
open any door or remove
any obstacle to such entry;
(c) seize-
(i) anything with respect
to which any offence
has been or is
suspected to have been
committed;
(ii) anything with respect
to which there are
reasonable grounds to
suspect that it will
afford evidence as to
the commission of any
offence; or
(iii) anything in respect
of which there are
reasonable grounds
to suspect that it is
intended to be used
for the purpose of
committing any
offence.

(4) Where an officer takes

down any information or records
grounds for arrest, he shall
immediately thereafter submit a copy

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of the information or record to his

immediate superior.
(5) Anything seized or
recorded by the officer shall, subject
to the law relating to evidence, be
admissible in court as evidence.
(6) In case of emergency, the
officer authorised to conduct search
may exercise such powers in
accordance with section 42 of the
Cap. 20
Criminal Procedure Act.”
Amendment 15. The principal Act is amended in section 48-
of section 48
(a) by deleting its marginal note and substituting
for it the following:
“Procedure on arrest, search, seizure and
investigation”;
(b) in subsection (2)(d), by-
(i) inserting the words “if available”
between the words “person” and “who”
appearing in subparagraph (i); and
(ii) deleting the words “evaluate and
determine” appearing in subparagraph
(iii) and substituting for them the words
“cause to be evaluated and determined”.
(c) by deleting the word “section” appearing in
subsection (6) and substituting for it the word
“Act”;
(d) by adding immediately after subsection (6) as
amended the following:
“(7) For the purpose of this section, receipt
includes form No. DCEA 003 prescribed in the
Third Schedule.”.

Amendment 16. The principal Act is amended in the Third Schedule

of Third
Schedule by adding immediately after form DCEA 003 the following:

“The Drug Control and Enforcement Act, CAP. 95

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No. 7 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2022

THE UNITED REPUBLIC OF TANZANIA

DRUG CONTROL AND ENFORCEMENT AUTHORITY

FORM NO. DCEA 003A

SEARCH ORDER
(Made under section 32A)

Whereas I am led to believe on the following grounds-

That
……………………………………………………………………………
………………………………………………………………………

That the things specified below, namely

……………………………………………………………………………
…………………………………………………………..…………………
……….……………………………………………………………………
…

which are necessary for the purpose of my investigation into the offence
of...................................................... are likely to be found in (description
of place):
..............................................................................................................
....…………………………………………………………………………

And whereas, in my opinion, the above-mentioned thing(s) cannot

otherwise be obtained without undue delay, I therefore, as provided for in
section 32A of the Drug Control and Enforcement Act, have made this
record before searching or causing a search to be made for the said thing(s)
in such place.

And whereas I am unable to conduct the search in person for the reasons
……………………..………………………………………….…………
…….………………………………………………………………………
………..……………………………………………………………………
…………………
I require,
Name ………………………….……………..………..………………….
to make search for the thing(s) specified at the place described overleaf.
Date …………………………….. issuing officer ………………….
Time ……………………………..”

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 No. 7 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2022

PART IV
AMENDMENT OF THE PUBLIC LEADERSHIP CODE OF ETHICS
ACT,
(CAP. 398)

Construction 17. This Part shall be read as one with the Public
Cap. 398
Leadership Code of Ethics Act, hereinafter referred to as the
“principal Act”.

Amendment 18. The principal Act is amended in section 9(1) by

of section 9
deleting the word “at” appearing at the beginning of paragraph (c)
and substituting for it the words “within three months prior to”.

Repeal of 19. The principal Act is amended by repealing section 10.

section 10
Amendment 20. The principal Act is amended in section 11(2),
of section 11
by-
(a) adding new paragraphs (a) to (c) as follows:
“(a) residences, recreational property;
(b) works of art, antiques and collectibles;
(c) motor vehicles and other personal means
of transportation;”; and
(b) renaming paragraphs (a) to (h) as paragraphs (d)
to (k).

Amendment 21. The principal Act is amended in section 18 by

of section 18
adding the words “A Deputy Minister and” at the beginning
of subsection (2).

Amendment 22. The principal Act is amended in section 19(2) by

of section 19
adding immediately after paragraph (e) the following:
“(f) providing ethics education to public leaders;
(g) conducting research on the status of ethics in
the country;
(h) advising on matters relating to integrity in
the country; and
(i) devising strategies for promoting ethics in
the country.”;

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Amendment 23. The principal Act is amended in section 26 by

of section 26
inserting the words “Deputy Minister” immediately after
the word “Minister” appearing in subsections (1) and (2).

Passed by the National Assembly on the 14th September, 2022.

NENELWA JOYCE MWIHAMBI

Clerk of the National Assembly

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