CHAPTER 221
EMERGENCY POWERS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation.

PART II
PROCLAMATION OF EMERGENCY

   4.   Procedure relating to declaration of state of emergency.

PART III
EMERGENCY POWERS

   5.   Delegation.

   6.   Special powers of the President.

   7.   Power to arrest and detain suspected persons.

   8.   Power to control suspected persons.

   9.   Power to control institutions or organisations.

   10.   Power to control publication.

   11.   Power to restrict newspapers from entering into the United Republic.

   12.   Power to control importation, exportation or supply of commodities,

   13.   Power to control road transport, airports, harbours, territorial waters, etc.

   14.   Power to prohibit meetings or processions.

   15.   Power to issue search warrants.

   16.   General power of search.

   17.   Power to give effect to orders.

   18.   Power to amend, suspend or disapply laws.

PART IV
OFFENCES AND PENALTIES

   19.   General penalties.

   20.   Evasion of provision for taking possession of property.

   21.   Dissemination of rumours.

   22.   Possession or conveyance of prohibited documents.

   23.   Abetment of offences.

   24.   Molestation.

PART V
MISCELLANEOUS PROVISIONS

   25.   Procedure for trial of offences.

   26.   Restriction of jurisdiction.

   27.   Effect of emergency orders inconsistent with other enactments.

   28.   [Repealed under R.E. 1993.]

CHAPTER 221
THE EMERGENCY POWERS ACT

An Act to make better provisions which provide for and confer certain emergency powers upon the President for the purpose of ensuring public safety and maintenance of public order during emergencies and for connected matters.

[1st January 2000]
[G.N. No. 38 of 2000]

Acts Nos.
1 of 1986
12 of 1998

   WHEREAS Article 32 of the Constitution of the United Republic of Tanzania provides, inter alia, that the President may, subject to an Act of Parliament, proclaim the existence of a state of emergency in the United Republic or in any part of it:

   AND WHEREAS it is recognised that situations may arise from time to time within or outside the United Republic which, by reason of their potential threat to the security, peace and good order of the United Republic, may necessitate the exercise of emergency powers by the President:

   AND WHEREAS it is meant that there be provided limits and adequate safeguards in relation to the exercise of emergency powers;

   NOW, THEREFORE, BE IT ENACTED by the Parliament of the United Republic as follows–

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Emergency Powers Act.

2.   Application

   This Act shall apply to Tanzania Zanzibar as well as to Mainland Tanzania.

3.   Interpretation

   In this Act, unless the context requires otherwise–

   "Code" means the Penal Code *;

   "Constitution" means the Constitution of the United Republic of Tanzania *;

   "emergency" includes war, invasion, insurrection real or apprehended or a breakdown of public order, which in the opinion of the President is a threat to the security of the United Republic, or a riot or other disaster or a natural calamity within the United Republic whether caused by natural causes or otherwise, which could achieve such a serious nature as to be of national concern;

   "emergency area" means any area of the United Republic in which there exists an emergency declared by the President;

   "President" includes any person lawfully discharging the functions of the President;

   "public meeting" means any assembly of more than five persons wherever it takes place and whether or not open to the public or to any category or portion of the public; and a meeting may be a public meeting notwithstanding that it is held in a private place nor that admission thereto is restricted by ticket or otherwise.

PART II
PROCLAMATION OF EMERGENCY (s 4)

4.   Procedure relating to declaration of state of emergency

   (1) The President shall by directions under his hand, provide for the procedure to be complied with by specified authorities in informing him of events and circumstances in any area or locality within the United Republic, which may necessitate or lead to the declaration of a state of emergency in that area or locality.

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