CHAPTER 192
NATIONAL DEFENCE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation.

PART II
THE DEPARTMENT OF NATIONAL DEFENCE

   4.   Department of Defence.

   5.   Minister.

   6.   Accounting Officer.

   7.   Defence Forces Committee.

   8.   Judge Advocate-General.

   9.   Board of inquiry.

PART III
DEFENCE FORCES - COMPOSITION AND EMPLOYMENT

(a) Composition of the Defence Forces

   10.   Constitution.

   11.   Regular Forces.

   12.   Regular Reserve.

   13.   Volunteer Reserve.

   14.   Authorised ranks.

(b) Command

   15.   Chief of Defence Forces.

   16.   Command appointments.

   17.   Powers of command.

   18.   Powers of command of officers of co-operating and other forces.

(c) Active Service and Aid to the Civil Power

   19.   Active service.

   20.   When Defence Forces deemed on active service.

   21.   Aid to the civil power.

   22.   Officers and men have powers of police officer.

   23.   Other assistance to the civil authorities.

   24.   General.

(d) Co-operation with, and Attachment, etc., of other Forces

   25.   Co-operating forces.

   26.   Attachment, etc., to Defence Forces.

(e) Miscellaneous

   27.   Supply and issue of material.

   28.   Cadet organisations.

PART IV
TERMS OF SERVICE OF MEMBERS OF THE DEFENCE FORCES

(a) Enrolment and Re-engagement

   29.   Enrolment.

   30.   Enrolment of career soldiers.

   31.   Re-engagement.

   32.   Obligation to serve.

   33.   Oaths on enrolment.

   34.   Effect of receipt of pay if not enrolled or if irregularly enrolled.

(b) Release

   35.   Entitlement to release and exceptions.

   36.   Regulations relating to release.

   37.   Re-instatement.

(c) Promotion

   38.   Promotion.

   39.   Reversion and remustering.

(d) Service Obligations of the Various Components of the Defence Forces

   40.   Regular Force.

   41.   Mobilisation of the Reserves.

   42.   Other service: (a) the Regular Reserve.

   43.   Other service: (b) the Volunteer Reserve.

   44.   [Repealed.]

(e) Attachment and Secondment

   45.   Attachment and secondment.

(f) Pay, Allowances and Personal Effects

   46.   Pay, allowances, forfeitures and deductions.

   47.   Personal effects of deserters and absentees.

   48.   Officer in charge of service estates.

   49.   Service estates.

   50.   Service wills.

   51.   Oaths.

(g) Public and Non-Public Property

   52.   Liability for loss or damage to public property.

   53.   Non-public property of units.

(h) Miscellaneous

   54.   The Code of Service Discipline.

   55.   Redress of grievances.

   56.   Presumption of death.

PART V
MISCELLANEOUS POWERS AND PRIVILEGES RELATING TO THE DEFENCE FORCES

(a) Defence Matters

   57.   Manoeuvres.

   58.   Emergency powers of commanding officers relating to property.

   59.   Compensation.

   60.   Master of merchant ship to obey convoying officer.

   61.   Defence establishment regulations.

(b) Exemptions and Limitations of Liability

   62.   Exemption from duties or tolls on roads, bridges, etc.

   63.   Limitation of suits.

   64.   Limitation of proceedings relating to Code of Service Discipline.

   65.   Exemption from taking property in execution.

   66.   Avoidance of assignment of or charge on service pay, pensions, etc.

PART VI
REGULATIONS, ORDERS, ETC., AND EVIDENCE

(a) Regulations, Orders, etc.

   67.   Defence Forces Regulations.

   68.   Powers exercisable in subsidiary legislation, etc.

   69.   Performance of powers.

   70.   Publication.

(b) Evidence

   71.   Method of signifying orders, etc.

   72.   Authenticity of documents.

   73.   General provisions as to evidence.

   74.   Evidence of proceedings in courts-martial.

PART VII
CIVIL COURTS AND AUTHORITIES AND THE CODE OF SERVICE DISCIPLINE

(a) Civil Courts

   75.   Saving of jurisdiction of civil courts.

   76.   Offence committed outside Tanzania.

   77.   Certificates of civil trials.

(b) Deserters and Absentees without Leave

   78.   Arrest of deserters and absentees.

   79.   Deserters and absentees without leave surrendering to police.

   80.   Proceedings before a magistrate where persons suspected of illegal absence.

   81.   Certificate of arrest or surrender of deserter or absentee.

(c) Duties of Officers in Charge of Prisons, etc.

   82.   To receive deserters and absentees.

   83.   Temporary reception of servicemen in civil custody.

   84.   Execution of warrants.

   85.   Arrangements with authorities of other countries.

PART VIII
THE CODE OF SERVICE DISCIPLINE AND SERVICE TRIBUNALS IN RELATION TO CIVILIANS

   86.   Certain civilians subject to Code of Service Discipline.

   87.   Command over civilians in special cases.

   88.   Witnesses and advocates at courts-martial.

   89.   Court-martial to be judicial proceedings.

PART IX
CONSTITUTION OF OTHER DISCIPLINED FORCES AND SERVICES AS MILITARY RESERVE FORCES

   90.   Constitution of military reserve forces.

   91.   Military training.

   92.   Mobilisation of reserve forces.

   93.   Failure to attend on mobilisation.

   94.   Prolongation of service during mobilisation.

   95.   Demobilisation.

PART X
OFFENCES TRIABLE BY CIVIL COURTS

   96.   General.

(a) Offences relating to Mutiny and Desertion

   97.   Inciting to mutiny.

   98.   Aiding mutiny.

   99.   Assisting or harbouring deserters or absentees.

(b) Offences relating to Convoys

   100.   Failure to comply with convoy orders.

(c) Offences relating to Obstruction or Interference

   101.   Interruption of drill or training.

   102.   Hampering manoeuvres.

   103.   Obstruction of duty or recruiting.

(d) Offences relating to Service Property, Documents and Uniforms

   104.   Unlawfully dealing with property.

   105.   Improper dealing in documents.

   106.   Unauthorised wearing and use of uniforms, decorations, etc.

(e) Offences relating to Enrolment and Release

   107.   False answer on enrolment.

   108.   Unlawful consideration on enrolment or release.

(f) Offences relating to Medical Certificates and Self-Injury

   109.   False medical certificate.

   110.   Aiding malingering.

(g) Offences relating to Personation

   111.   Personation.

   112.   Representation of desertion.

(h) Offences relating to Reserve Liability

   113.   Failure to attend parade.

   114.   Neglecting personal equipment.

PART XI
REPEALS, SAVING AND TRANSITIONAL

   115.   [Repeal and amendment of various laws.]

   116.   [Transitional provisions.]

   117.   [Temporary provisions.]

FIRST SCHEDULE

PART I
THE CODE OF SERVICE DISCIPLINE

The Disciplinary Jurisdiction of the Defence Forces

   C. 1.   Interpretation.

   C. 2. (1)   Persons subject to the Code.

   (2)   Persons accompanying Defence Forces.

   (3)   Status.

   (4)   Persons under engagement.

   (5)   Commanding officer.

   (6)   Application to women.

   C. 3.   Continuing liability under Code after ceasing to be subject thereto.

Place of Commission of Offence

   C. 4.   No limitation.

Place of Trial

   C. 5.   No limitation.

Period of Liability under Code of Service Discipline

   C. 6. (1)   Time bar.

   (2)   Exceptions.

   (3)   Exclusion of time.

Exclusion of Jurisdiction

   C. 7.   [Repealed.]

Previous Trials

   C. 8.   Autrefois acquit and autrefois convict.

   C. 9.   Remission in certain cases.

PART II
SERVICE OFFENCES AND PUNISHMENT

Responsibility for Offences

   C. 10. (1)   Parties to offences.

   (2)   Intent to commit offences.

   (3)   Finding - when charged with attempt.

   (4)   Parties to offence - common purpose.

Misconduct of Commanders in Presence of Enemy

   C. 11.   Offences by commanders when in action.

Misconduct of any Serviceman in Presence of Enemy

   C. 12.   Offences by servicemen in the presence of the enemy.

Security

   C. 13.   Offences related to security.

   C. 14.   Offences relating to being taken prisoner.

Miscellaneous Operational Offences

   C. 15.   Offences related to operations.

Mutiny

   C. 16. (1)   Mutiny with violence or in operations.

   (2)   Mutiny without violence.

   C. 17.   Offences related to mutiny.

   C. 18.   Meaning of mutiny.

Insubordination

   C. 19.   Disobedience of lawful command.

   C. 20.   Striking or offering violence to a superior officer.

   C. 21.   Insubordinate behaviour.

   C. 22.   Quarrels and disturbances.

   C. 23.   Disorders.

Desertion

   C. 24. (1)   Offence.

   (2)   Definition.

   (3)   Presumption.

   C. 25.   Connivance at desertion.

Absence without Leave

   C. 26. (1)   Offence.

   (2)   Definition.

Evidence in Trials for Desertion and Absence

   C. 27.   Certificates of arrest.

   C. 28.   False statement in respect of leave.

Disgraceful Conduct

   C. 29.   Scandalous conduct by officers.

   C. 30.   Cruel or disgraceful conduct.

   C. 31.   Traitorous utterances.

   C. 32.   Ill-treatment of inferiors.

   C. 33.   False accusations or statements.

   C. 34.   Drunkenness.

   C. 35.   Malingering or maiming.

Offences in relation to Service Arrest and Custody

   C. 36.   Ill-treatment of person in custody.

   C. 37.   Negligent or wilful interference with custody.

   C. 38.   Escape from custody.

   C. 39.   Obstruction of service police duties.

   C. 40.   Obstruction of civil power.

Offences in relation to Ships and Vessels

   C. 41.   Losing, stranding or hazarding vessels.

   C. 42.   Offences in relation to convoys.

Offences in relation to Aircraft

   C. 43.   Wrongful acts in relation to aircraft.

   C. 44.   Inaccurate certificate.

   C. 45.   Low flying.

   C. 46.   Annoyance by flying.

   C. 47. (1)   Disobedience of captain's orders.

   (2)   Command in aircraft.

Offences in relation to Vehicles

   C. 48. (1)   Improper driving of vehicles.

   (2)   Attempt to drive.

   C. 49.   Unauthorised use.

Offences in relation to Property

   C. 50.   Dangerous substances and causing fire.

   C. 51. (1)   Stealing.

   (2)   Definition.

   (3)   Things capable of being stolen.

   (4)   Inanimate thing made movable.

   C. 52.   Receiving.

   C. 53.   Destruction, loss or improper disposal.

   C. 54.   Miscellaneous offences in relation to property.

Offences in relation to Service Tribunals

   C. 55. (1)   Service tribunal.

   (2)   Contempt of service tribunals.

   C. 56.   False evidence.

Offences in relation to Billeting

   C. 57.   Billeting offences.

Offences in relation to Enrolment

   C. 58.   Failure to declare circumstances of former release.

   C. 59.   False answers or false information.

Miscellaneous Offences

   C. 60.   Negligent performance of duties.

   C. 61.   Offences in relation to documents.

   C. 62.   Refusing vaccination.

   C. 63.   Conspiring.

Conduct to the Prejudice of Good Order and Discipline

   C. 64. (1)   Offence.

   (2)   General.

   C. 65. (1)   Offences punishable by ordinary law.

   (2)   Definition.

   (3)   Punishment.

   (4)   Saving provision.

   C. 66. (1)   Offences out of Tanzania.

   (2)   Punishment.

   (3)   Saving provisions.

   (4)   Contravention of customs laws.

Conviction of Cognate Offences

   C. 67.   Conviction of related or less serious offences.

Punishments

   C. 68. (1)   Scale of punishments.

   (2)   Definition of less punishment.

Imprisonment

   C. 69.   Conditions relating punishment of imprisonment.

Dismissal with Disgrace

   C. 70. (1)   Accompanying punishment.

   (2)   Consequence of dismissal with disgrace.

Detention

   C. 71.   Conditions relating to imposition of detention.

Reduction in Rank

   C. 72. (1)   Application.

   (2)   Conditions.

Forfeiture of Seniority

   C. 73.   Sentences to specify period of forfeiture.

Fine

   C. 74.   Conditions relating to fines.

Minor Punishment

   C. 75.   Prescribed in regulations.

Limitations

   C. 76.   Authority.

Sentences

   C. 77. (1)   Only one sentence to be passed.

   (2)   Only one punishment.

Incarceration under more than one Sentence

   C. 78.   To be concurrent.

Ignorance of Law

   C. 79.   Ignorance no excuse.

Civil Defences

   C. 80.   Rules of civil courts applicable.

Insanity as a Defence

   C. 81. (1)   Insanity.

   (2)   Saving.

   (3)   Specific delusions.

   (4)   Presumption of sanity.

PART III
ARREST

Authority to Arrest

   C. 82. (1)   General authority.

   (2)   Reasonable force authorised.

   C. 83. (1)   Powers of officers.

   (2)   Powers of men.

   (3)   Arrest of offenders of other components or units.

   (4)   Arrest of persons other than officers or men.

   C. 84.   Appointment and powers of specially appointed personnel.

   C. 85. (1)   Issue of warrants.

   (2)   Limitation.

   (3)   Contents of warrants.

   (4)   Saving provision.

Action following Arrest

   C. 86. (1)   Disposal of person arrested.

   (2)   Delivery into custody.

   (3)   Reports of custody.

Limitations in respect of Custody

   C. 87. (1)   Report of delay of trial

   (2)   Petition in respect of delay of trial.

   (3)   Limitation upon re-arrest.

PART IV
SERVICE TRIBUNALS

Application

   C. 88. (1)   Commanding officer.

   (2)   Designation of commanding officer.

   (3)   Meaning of ranks where specified.

Investigation and Preliminary Disposition of Charges

   C. 89. (1)   Immediate investigation required.

   (2)   Dismissal or other disposition.

Summary Trials by Commanding Officers

   C. 90. (1)   Jurisdiction.

   (2)   Sentences.

   (3)   Definition of approving authority.

   (4)   Delegation.

   (5)   Evidence on oath.

   (6)   Restriction when approval required.

Summary Trials by Superior Commanders

   C. 91. (1)   Jurisdiction.

   (2)   Dismissal or other disposition.

   (3)   Sentences.

   (4)   Election.

   (5)   Evidence on oath.

Convening of Courts-martial

   C. 92. (1)   Convening authorities.

   (2)   Officers who can act as members.

General Courts-martial

   C. 93. (1)   Jurisdiction.

   (2)   Punishments.

   C. 94. (1)   Number of members.

   (2)   Appointment of president.

   (3)   Trial of Colonel, etc.

   (4)   Trial of Lieutenant-Colonel.

   C. 95.   Judge Advocate.

   C. 96.   Ineligibility to serve on a General Court-martial.

Disciplinary Courts-martial

   C. 97.   Jurisdiction.

   C. 98.   Punishment.

   C. 99.   Number of members.

   C. 100. (1)   Appointment of president.

   (2)   Rank of president.

   C. 101.   Judge Advocate.

   C. 102.   Ineligibility to serve on Disciplinary Court-martial.

Standing Courts-martial

   C. 103. (1)   Constitution.

   (2)   Powers.

Representation of Accused

   C. 104.   Defence.

Admission to Courts-martial

   C. 105. (1)   Trials public

   (2)   Exception.

   (3)   Witnesses.

   (4)   Clearing court.

Rules of Evidence

   C. 106.   Rules of evidence.

   C. 107. (1)   Admission of documents and records.

   (2)   Statutory declarations admissible.

Witnesses at Courts-martial

   C. 108. (1)   Procurement of attendance of witnesses.

   (2)   Procurement of attendance in exceptional cases.

   (3)   Rights of accused preserved.

   (4)   Civilian witnesses.

Evidence on Commission

   C. 109. (1)   Appointment of Commissioner.

   (2)   Admissibility of evidence on Commission.

   (3)   Personal attendance of witness.

   (4)   Cross-examination.

   (5)   Copy to accused.

View by Court-martial

   C. 110.   President may authorise viewing.

Objection to Members of Court-martial

   C. 111. (1)   Right of accused.

   (2)   Replacements.

Oaths at Courts-martial

   C. 112. (1)   Persons required to take oath.

   (2)   Solemn affirmation.

Adjournment and Dissolution

   C. 113.      Adjournment.

   C. 114. (1)   Dissolution when numbers reduced.

   (2)   President unable to attend.

   (3)   Illness of accused.

   (4)   Injustice to accused.

   (5)   Effect of dissolution.

Amendment of Charges

   C. 115. (1)   Amendment.

   (2)   Procedure.

   (3)   Minute of amendment.

Decisions by Courts-martial

   C. 116. (1)   Majority vote.

   (2)   Equality on finding.

   (3)   Equality on sentence.

   (4)   Questions of law.

   (5)   Unanimous finding where punishment of death is mandatory.

   (6)   Where death not mandatory.

Similar Offences

   C. 117.   Similar offences may be considered in imposing sentence.

Pronouncement of Findings and Sentence

   C. 118.   Effect.

Recommendation to Clemency

   C. 119.   Applicable in certain cases only.

Decision where Accused Insane at Trial

   C. 120. (1)   Trial of issue of insanity.

   (2)   Trial proceeds where accused sane.

   (3)   Disposal of accused in Tanzania.

   (4)   Disposal of accused outside Tanzania.

   (5)   Saving of jurisdiction.

Decision where Accused Insane when Offence Committed

   C. 121. (1)   Special finding.

   (2)   Disposal of accused in Tanzania.

   (3)   Disposal of accused outside Tanzania.

Procedure at Conclusion of Court-martial

   C. 122. (1)   Advice as to rights of appeal.

   (2)   Form of Statement of Appeal.

   (3)   Delivery of minutes of proceedings.

PART V
PROVISIONS APPLICABLE TO FINDINGS AND SENTENCES AFTER TRIAL

Execution of Punishment of Death

   C. 123.   Regulations respecting execution of punishment of death.

Imprisonment and Detention

   C. 124. (1)   Commencement.

   (2)   Time counted.

   C. 125. (1)   Service prison and detention barracks.

   (2)   Corrective disciplinary measures for service prisons and detention barracks.

   (3)   Limitation.

Punishments Requiring Approval

   C. 126. (1)   Death.

   (2)   Dismissal.

   (3)   Effective date of dismissal.

   (4)   Substitution where punishment not approved.

Quashing of Findings

   C. 127. (1)   Authority.

   (2)   Effect upon sentence of complete quashing.

   (3)   Effect upon sentence of partial quashing.

Substitution of Findings

   C. 128. (1)   Substitution of findings.

   (2)   Effect upon sentence.

New Trial

   C. 129. (1)   New trial.

   (2)   Punishment.

Substitution of Punishments

   C. 130.   Authority.

Mitigation, Commutation and Remission of Punishments

   C. 131.   Authority.

Conditions Applicable to New Punishments

   C. 132.   Limitation upon new punishments.

Effect of New Punishments

   C. 133.   Ordinary provisions to apply.

Suspension of Imprisonment or Detention

   C. 134. (1)   Authority.

   (2)   Postponement of committal.

   (3)   Suspension possible at any time.

   (4)   Effect of suspension before committal.

   (5)   Effect of suspension after committal.

   (6)   Review and remission.

   (7)   Automatic remission of punishments exceeding thirty days' detention.

   (8)   Committal after suspension.

   (9)   Term where suspended punishment put into execution.

   (10)   Punishment not exceeding thirty days' detention.

Committal to Imprisonment or Detention

   C. 135. (1)   Committing authority.

   (2)   Warrants for committal and indemnity.

   (3)   Authority for transfer.

   (4)   Custody pending committal and during transfer.

   (5)   Committal to civil prisons.

   (6)   Committal to detention barracks.

Temporary Removal from Incarceration

   C. 136.   Authority required.

Rules Applicable to Service Prisoners

   C. 137.   Rules of civil prisons to apply.

Validity of Documents

   C. 138.   Correction of errors in form and indemnity.

Insanity during Imprisonment or Detention

   C. 139.   Insane persons in civil prisons.

   C. 140.   Insane persons in service prisons or detention barracks.

Transfer of Offenders

   C. 141.   Transfer of offenders.

Restitution of Property

   C. 142. (1)   Restitution of property in case of conviction.

   (2)   Restitution when no conviction.

   (3)   Exception.

   (4)   Execution of order for restitution.

   (5)   No bar to recovery.

PART VI
APPEAL, REVIEW AND PETITION

Right to Appeal

   C. 143. (1)   Cases in which applicable.

   (2)   When appeal not to lie.

Entry of Appeals

   C. 144. (1)   Form.

   (2)   Validity.

   (3)   Time limits.

   (4)   Where Statements sent.

Preliminary Disposition of Appeals

   C. 145. (1)   Where severity of sentence only involved.

   (2)   Illegal sentences.

   (3)   Illegal findings.

Court-martial Appeal Court

   C. 146. (1)   Court established.

   (2)   Judges.

   (3)   Sittings and hearings.

   (4)   Quorum and decisions.

   (5)   Superior Court of Record.

   (6)   Evidence.

   (7)   Registrar and staff.

Disposition of Appeals by Court-martial Appeal Court

   C. 147. (1)   Powers.

   (2)   Effect of setting aside finding of guilty.

   (3)   Punishment where finding set aside.

   (4)   Substitution of finding.

   (5)   New punishments.

   C. 148.   Substitution of new punishment where illegal punishment set aside.

   C. 149.   Special power to disallow appeal.

   C. 150.   Powers of service authorities preserved.

   C. 151.   Summary determination of appeals.

Rules of Appeal Procedure

   C. 152. (1)   Senior judge may make rules.

   (2)   Publication in Gazette.

No Appeal from Court-martial Appeal Court

   C. 153.   Appeals to be final.

Review after Expiration of Right to Appeal

   C. 154.   Review by Judge Advocate-General.

   C. 155.   Procedure where illegality exists.

Petition for New Trial

   C. 156. (1)   Where applicable.

   (2)   Time limits.

   (3)   Disposal.

   (4)   Petitioner may be tried again.

   C. 157.   Saving.

   C. 158.   Saving of powers of the President.

SCHEDULES

CHAPTER 192
THE NATIONAL DEFENCE ACT

An Act to make provision for national defence, the constitution of military reserve forces and for the maintenance, government and discipline of the armed forces and reserve forces.

[21st May, 1965] *
[G.N. No. 215 of 1965]
[15th April, 1966]
[G.N. No. 116 of 1966]

Acts Nos.
2 of 1965
24 of 1966
32 of 1966
26 of 1967
41 of 1969
2 of 1970
22 of 1975
28 of 1978
13 of 1986

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the National Defence Act.

2.   Application

   This Act shall extend and apply to Tanzania Zanzibar as well as to Mainland Tanzania, and, in addition, shall apply to the Defence Forces, military reserve forces and to persons subject to the Code of Service of Discipline both within and outside Tanzania.

3.   Interpretation Acts Nos. 28 of 1978 s. 2; 13 of 1986">

   (1) In this Act, unless the context requires otherwise–

   "active service" means service which, in accordance with section 19 or 20, is, or is deemed to be, active service;

   "aircraft" means flying machines and guided missiles that derive their lift in flight chiefly from aerodynamic forces, and flying devices that are supported chiefly by their buoyancy in air, and includes any aeroplane, balloon, kite balloon, airship, glider or kite;

   "aircraft material" means engines, fittings, armament, ammunition, bombs, missiles, gear, instruments and apparatus used or intended for use in connection with aircraft or its operation thereof, and components and accessories of aircraft and substances used to provide motive power or lubrication for or in connection with aircraft or its operation thereof;

   "board of inquiry" means a board convened in accordance with section 9;

   "camp training" means duty performed by an officer or man of the Reserve Forces while undergoing annual training in camp, and includes proceeding to and returning from camp;

   "career soldier" means a person enrolled as officer, man or non-commissioned officer of or above the rank of corporal, in any of the supporting units, or in any unit of the Regular Forces engaged in military matters of a specialised or technical nature;

   "Chief of the Defence Forces" means the officer appointed in accordance with section 15;

   "Chief of Personnel, Defence Forces" means the officer appointed to exercise the functions of chief personnel officer to the Defence Forces;

   "civil court" means a court of ordinary criminal jurisdiction but does not, except where otherwise expressly provided, include that court outside Tanzania;

   "civil custody" means the holding under arrest or in confinement of a person by the Police or other competent civil authority, and includes confinement in a civil prison, police station or other place provided for the confinement of persons in custody;

   "civil offence" has the meaning assigned to it in subsection (1) of section C. 65 of the Code of Service Discipline;

   "civil prison" means any prison or other place in Tanzania in which persons sentenced by a civil court in Tanzania to imprisonment can be confined, and if sentenced out of Tanzania, any prison or other place in which a person, sentenced to that term of imprisonment by a civil court having jurisdiction in the place where the sentence was passed, can for the time being be confined;

   "Code of Service Discipline" means the Code set out in the First Schedule to this Act;

   "commanding officer" has the meaning assigned to it in section C. 88 of the Code of Service Discipline;

   "commissioned officer" means an officer other than a subordinate officer, and "commissioned rank" shall be construed accordingly;

   "continuing full time service" means full time duty performed by an officer or man of the Reserve Forces which is anticipated to exceed six months, and includes proceedings to and returning from the place of duty; but does not include attendance at courses which form part of the training of the Reserve Forces;

   "co-operating forces" means those armed forces of any other country declared to be co-operating forces pursuant to section 25;

   "court-martial" includes a General Court-martial, a Disciplinary Court-martial and a Standing Court-martial;

   "defence establishment" means any area or structure under the control of the Minister, and the material and other things situate in or on that area or structure;

   "Defence Forces Committee" means the Committee established by section 7;

   "Defence Forces Regulations" means regulations of the Defence Forces Committee made under section 67;

   "Department" means the Department of National Defence;

   "detention barracks" means any place designated as such under subsection (1) of section C. 125 of the Code of Service Discipline;

   "emergency" includes "war emergency" and "public emergency";

   "enemy" includes all persons engaged in armed operations against any of the Defence Forces and includes armed mutineers, armed rebels, armed rioteers and pirates;

   "enrol" means to cause any person to become a member of the Defence Forces and includes re-engagement;

   "equivalent rank" means one of two or more ranks declared to Defence Forces Regulations to be equivalent;

   "local training" means duty performed by an officer or man of the Reserve Forces at local headquarters, and includes attendance at drills, parades, demonstrations and exercises;

   "man" means any person, other than an officer, who is enrolled in, or who pursuant to law is attached or seconded, otherwise than as an officer, to the Defence Forces;

   "matériel" means all movable public property, other than money, provided for the Defence Forces or for any other purpose under this Act, and includes any vessel, vehicle, aircraft, animal, missile, arms, ammunition, clothing, stores, provisions or equipment so provided;

   "the Minister" means the Minister responsible for defence;

   "mutiny" has the meaning ascribed to it in section C. 18 of the Code of Service Discipline;

   "National Service" includes the National Service established by the National Service Act, * and any service having similar functions to the National Service which is established in Zanzibar;

   "non-public property" means–

   (a)   all money and property, other than issues of matériel received for or administered by or through messes, institutes or canteens of the Defence Forces;

   (b)   all money and property contributed to or by officers, men, units or other elements of the Defence Forces for the collective benefit and welfare of the officers, men, units or other elements;

   (c)   by-products and refuse and the proceeds of their sale to the extent prescribed under subsection (5) of section 53; and

   (d)   all money and property derived from, purchased out of the proceeds of the sale of, or received in exchange for money and property described in paragraphs (a), (b) and (c);

   "officer" means a person who has been granted a commission in the Defence Forces by the President and a person who is attached or seconded as an officer to the Defence Forces, and includes a subordinate officer;

   "personal equipment" means all matériel issued to an officer or man for his personal wear or other personal use;

   "possession" by any person means–

   (i)   having in his own personal possession;

   (ii)   knowingly having in the actual possession or custody of any other person; or

   (iii)   knowingly having in any place, whether belonging to or occupied by himself or not, for the use or benefit of himself or any other person;

   "Prisons Services" includes the prisons service established by the Prisons Act * and prison officers serving under the Prisons Decree of Zanzibar *, or any law replacing such Act or Decree;

   "public emergency" means riot or any circumstances, including circumstances brought about by natural disaster, which in the opinion of an authority having power to exercise a function in the event of a public emergency are so grave as to be of national concern, real or apprehended;

   "public property" means all money and property of or under the control of the Government of Tanzania;

   "release" means the termination of service of an officer or man in any manner;

   "Reserves Forces" includes both the Regular Reserve and the Volunteer Reserve;

   "service custody" means the holding under arrest or in confinement of a person by the Defence Forces, and includes confinement in a service prison or detention barracks;

   "service detainee" means a person who is under a sentence that includes a punishment of detention imposed upon him pursuant to the Code of Service Discipline;

   "service offence" means an offence against the Code of Service Discipline committed by a person while subject to that Code;

   "service prison" means a place designated as such under subsection (1) of section C. 125 of the Code of Service Discipline;

   "service prisoner" means a person who is under a sentence that includes the punishment of imprisonment imposed upon him pursuant to the Code of Service Discipline, whether or not he has been released from the Defence Forces;

   "service tribunal" means a court-martial and a person presiding at a summary trial;

   "subordinate officer" means an officer cadet and a provisional second lieutenant;

   "summary trial" means a trial conducted by or under the authority of a commanding officer pursuant to section C. 90 of the Code of Service Discipline, and a trial by a superior commander pursuant to section C. 91 of the Code of Service Discipline;

   "superior officer" means any officer or man who, in relation to any other officer or man, is by this Act, or by Defence Forces Regulations, or by custom of the service, authorised to give a lawful command to that other officer or man;

   "unit" means a body of the Defence Forces that is organised as such pursuant to section 10, and includes the personnel and their matériel;

   "war emergency" means war, invasion or insurrection, real or apprehended.

   (2) Defence Forces Regulations may declare any rank in the armed forces of any other country to be equivalent to a rank in the Defence Forces and any ranks so declared to be equivalent shall be deemed to be equivalent ranks.

   (3) For the avoidance of doubts it is hereby declared that references, in the main body of the Act, to this Act include references to the Code of Service Discipline and the other Schedules to this Act.

PART II
THE DEPARTMENT OF NATIONAL DEFENCE (ss 4-9)

4.   Department of Defence

   There shall be constituted and maintained a public department to be known as the Department of National Defence.

5.   Minister

   Subject to the powers and authority conferred on the President and Commander-in-Chief by the Constitution and this Act, the Minister shall have the control and management of the Defence Forces and of all matters relating to national defence, including preparations for civil defence against enemy action, and shall be responsible for the construction and maintenance of all defence establishment and works for the defence of Tanzania.

6.   Accounting Officer

   The Accounting Officer for the votes of the Defence Forces shall be responsible for the control of expenditure.

7.   Defence Forces Committee Act No. 41 of 1969 Sch.">

   (1) There shall be a Defence Forces Committee which shall consist of–

   (a)   the Minister;

   (b)   the Chief of the Defence Forces;

   (c)   the Permanent Secretary, Ministry of Defence and National Service;

   (d)   the Chief of Personnel, Defence Forces;

   (e)   any other members who may, from time to time, be appointed by the Minister; and

   (f)   in the event of some person other than the Permanent Secretary, Ministry of Defence and National Service being appointed the Accounting Officer for the votes of the Defence Forces, that Accounting Officer.

   (2) The Defence Forces Committee shall be responsible for any functions which are conferred on the Committee by law and, subject to the powers of the President and the Minister, for the review and formulation of policy in all matters relating to the administration and supply of the Defence Forces.

   (3) Nothing in this section shall be construed as conferring on the Defence Forces Committee any powers or responsibility for the operational use of the Defence Forces.

   (4) The acts of the Defence Forces Committee, including the making of Defence Forces Regulations, may be signified, by command of the Committee, by any person appointed Secretary to the Committee.

8.   Judge Advocate-General

   The President may appoint a person having one of the professional qualifications specified in section 8 of the Advocates Act * to be the Judge Advocate-General of the Defence Forces.

9.   Board of inquiry

   (1) The President, the Minister, and such other authorities which may be prescribed by Defence Forces Regulations, may, where it is expedient that the President or the Minister or such other authority should be informed on any matter connected with the Government, discipline, administration or functions of the Defence Forces or affecting any officer or man, convene a board or inquiry for the purpose of investigating and reporting on that matter. A board of inquiry shall be constituted and its procedure conducted in accordance with Defence Forces Regulations.

   (2) Except in relation to a charge of giving false evidence before a board of inquiry, the minutes of a board of inquiry shall not be admitted as evidence or used at a service tribunal.

PART III
DEFENCE FORCES - COMPOSITION AND EMPLOYMENT (ss 10-28)

(a) Composition of the Defence Forces (ss 10-14)

10.   Constitution

   (1) There shall be raised and maintained in Tanzania Defence Forces to be known as the Tanzania Peoples' Defence Forces, which shall consist of the following components–

   (a)   the Regular Force;

   (b)   the Regular Reserve;

   (c)   the Volunteer Reserve; and

   (d)   such other disciplined forces as are ordered to be mobilised for service pursuant to Part IX of this Act *.

   (2) There shall be units and other elements of the Defence Forces which are by this Act constituted or which may hereafter be established by the Minister.

   (3) A unit or other element of the Defence Forces shall be embodied in a component of the Defence Forces which the Minister may after consultation with the Defence Forces Committee, direct.

   (4) Except where the Minister, considering it to be in the national interest directs otherwise, the establishment or disestablishment of any unit or other element shall be published in the Gazette.

11.   Regular Forces Act No. 28 of 1978 s. 3">

   (1) The Regular Forces shall consist of those officers and men who are, subject to section 29, enrolled for continuing full-time military service.

   (2) The President shall from time to time determine the maximum numbers of officers and men in the Regular Force.

12.   Regular Reserve Act No. 22 of 1975">

   The Regular Reserve shall consist of–

   (a)   those officers and men of the Regular Force who, having been discharged from the Regular Force have volunteered to hold themselves in readiness for service in a war emergency as members of the Regular Reserve; and

   (b)   those officers and men of the Volunteer Reserve who, in accordance with Defence Forces Regulations, are eligible for membership of the Regular Reserve and are transferred to the Regular Reserve on their undertaking to hold themselves in readiness for service in a war emergency as members of the Regular Reserve; and

   (c)   members of the National Service Reserve.

13.   Volunteer Reserve

   (1) The Volunteer Reserve shall consist of those officers and men who are enrolled for other than continuing full-time military service.

   (2) The President shall from time to time determine the maximum numbers of officers and men in the Volunteer Reserve.

14.   Authorised ranks

   (1) The various ranks of officers and men of the Defence Forces shall be prescribed by Defence Forces Regulations.

   (2) The Defence Forces Committee may determine the maximum number of persons in each rank and trade group in the Defence Forces.

(b) Command (ss 15-18)

15.   Chief of Defence Forces

   (1) The President may appoint an officer to be Chief of the Defence Forces.

   (2) The Chief of the Defence Forces shall, subject to the powers of the President and the Minister and to the directions of the Defence Forces Committee as respects any matter for which it has responsibility, have the command, direction and general superintendence of the Defence Forces.

   (3) Unless the President directs otherwise, all orders and instructions to the Defence Forces which are required to give effect to the decisions and to carry out the directions of the Government of the United Republic, the Minister, or the Defence Forces Committee shall be issued by or through the Chief of the Defence Forces.

16.   Command appointments

   (1) Command appointments to formations, units and other elements of the Defence Forces usually commanded by officers of the rank of Lieutenant-Colonel or above shall be made by the President after consultation with the Chief of the Defence Forces.

   (2) Command appointments to formations, units and other elements usually commanded by officers below the rank of Lieutenant-Colonel shall be made by the Chief of the Defence Forces.

17.   Powers of command

   The authority and powers of command of the officers and men of the Defence Forces shall be as prescribed by Defence Forces Regulations.

18.   Powers of command of officers of co-operating and other forces

   (1) Where–

   (a)   in pursuance of section 25, the President declares that any force is a force acting in co-operation with the Defence Forces or any part of them; or

   (b)   in pursuance of section 26, any member of a force to which that section applies is attached or seconded to the Defence Forces,

a member of that co-operating force or as the case may be the person so attached or seconded, shall be treated, and shall have the like powers of command and, in the case provided for in paragraph (b), of discipline over the members of the Defence Forces, as if he were a member of the Defence Forces of equivalent rank.

   (2) Defence Forces Regulations may provide that a member of the military, naval and air forces of any other country who is acting in association with the Defence Forces shall be accorded courtesy and precedence consonant with his rank and, in any case where it is considered necessary or expedient for furthering the association, authority and powers of command as may be specified.

(c) Active Service and Aid to the Civil Power (ss 19-24)

19.   Active service

   (1) At any time when Tanzania is at war–

   (a)   the Regular Force; and

   (b)   any other components of the Defence Forces or any formation, unit or element of them, which are mobilised,

are on active service.

   (2) Without prejudice to subsection (1), any formation, unit or other element of the Defence Forces which is engaged in operations against an enemy is on active service.

   (3) An officer or man is on active service if he is serving in or with, or is attached to, any component, formation, unit or other element of the Defence Forces which is, or is deemed to be, on active service.

20.   When Defence Forces deemed on active service

   (1) When it appears to the President that, by reason of the imminence of active service or of the recent existence of active service, it is necessary for the defence of Tanzania that the Defence Forces or a part thereof should be deemed to be on active service, the President may, by proclamation, declare that for such period, not exceeding six months, beginning with the coming into force of the declaration as may be specified therein, the Defence Forces or a part of it shall be deemed to be on active service.

   (2) Where it appears to the President that it is necessary for the defence of Tanzania that the period specified in a declaration under subsection (1) of this section should be prolonged or, if previously prolonged under this subsection, should be further prolonged, the President may, by proclamation, declare that the said period shall be prolonged for any time, not exceeding six months, which may be specified in the declaration under this subsection.

   (3) If at any time while the Defence Forces or a part of them are deemed to be on active service by virtue of the provisions of this section, it appears to the President that there is no necessity for the Defence Forces or a part of them to continue to be treated as being on active service, the President may, by proclamation, declare that as from the coming into operation of the declaration the same shall cease to be deemed to be on active service.

21.   Aid to the civil power

   (1) Subject to subsection (3), the Defence Forces, any part of them, and any officer or man, are liable to be called out for service in aid of the civil power in any case in which a riot or disturbance of the peace occurs or is, in the opinion of the appropriate civil authority likely to occur, if in the opinion of the appropriate civil authority the riot or disturbance of the peace is likely to be beyond the powers of the civil authorities to suppress or prevent.

   (2) Defence Forces Regulations shall provide for the manner of calling out the Defence Forces in aid of the civil power.

   (3) Unless he has been mobilised pursuant to section 41, no member of the Regular Reserve shall be required to serve in aid of the civil power without his consent.

22.   Officers and men have powers of police officer

   Officers and men called out for service in aid of the civil power pursuant to section 21 shall, without further authority or appointment and without taking any oath of office, have and may exercise, in addition to their powers and duties as officers and men, all the powers and duties of a police officer; but they shall act only as a military force, and are individually liable to obey the orders of their superior officers.

23.   Other assistance to the civil authorities

   (1) Subject to subsection (3) and (4), Defence Forces Regulations may authorise the employment of the Defence Forces or any part of them in rendering assistance to the civil authorities where the assistance is required to prevent loss of life or serious loss of or damage to property, or for other purposes when the public interest so requires, and may prescribe the circumstances in which and the conditions on which that assistance may be rendered.

   (2) Service by officers or men in rendering assistance so authorised shall constitute military duty.

   (3) Unless he has been mobilised pursuant to section 41, no member of the Regular Reserve shall be required to perform any service in rendering assistance authorised by Regulations under this section without his consent.

   (4) Unless he has been mobilised pursuant to section 41, or called out for service in aid of the civil power pursuant to section 21, no member of the Volunteer Reserve shall be required to perform any service in rendering assistance authorised by Regulations under this section without his consent.

24.   General

   Nothing in this Part shall be construed as restricting or qualifying the powers and prerogatives relating to the employment of the Defence Forces which are vested in the President and Commander-in-Chief by the Constitution or otherwise.

(d) Co-operation with, and Attachment, etc., of Other Forces (ss 25-26)

25.   Co-operating forces

   The President may, where he considers it appropriate so to do, declare, by notice published in the Gazette, the military, naval or air forces of any other country to be forces acting in co-operation with the Defence Forces or any part of them, and may, if the officer commanding the co-operating forces is senior in rank to all the officers of the part of the Defence Forces concerned, place any part of the Defence Forces under the command of the officer commanding.

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