CHAPTER 398
PUBLIC LEADERSHIP CODE OF ETHICS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   [Omitted.]

   3.   Application.

   4.   Interpretation.

PART II
THE BASIC ELEMENTS OF CODE OF ETHICS

   5.   President to work for promotion of integrity in public office, etc.

   6.   Principles to be invoked by Code.

   7.   Declaration of standards as to ethics.

PART III
CODE OF ETHICS APPLICABLE TO ALL PUBLIC LEADERS

   8.   Relationship between this Part and purpose of the Constitution.

   9.   Declaration of assets and liabilities.

   10.   Non-declarable assets.

   11.   Declarable assets.

   12.   Public leader not to acquire dishonestly any pecuniary advantage.

   13.   Public leader to disclose pecuniary interest to forum.

   14.   Declaration of interest in Government contract.

   15.   Failure to make declaration, or making of false declaration under section 9.

PART IV
SUPPLEMENTARY PROVISIONS APPLICABLE TO MINISTERS AND REGIONAL COMMISSIONERS

   16.   Relationship between this Part and the Constitution.

   17.   Collective responsibility of Ministers.

PART V
ADMINISTRATION AND ENFORCEMENT

   18.   Ethics Secretariat.

   19.   Ethics Commissioner.

   20.   Register of declarations of interest, and of assets registered.

   21.   Declarations deemed to be statutory declarations.

   22.   Complaints of breaches of Part III.

   23.   Complaints of breaches of Part IV.

   24.   Procuring information and attendance of witnesses.

   25.   Rights of witnesses.

   26.   Tribunal.

PART VI
MISCELLANEOUS PROVISIONS

   27.   Offences and penalties.

   28.   Payment of fees, remuneration or expenses.

   29.   Act not to derogate from other laws.

   30.   Act not to prevent public leader from resigning.

   31.   Regulations.

   32.   Transitional provisions.

CHAPTER 398
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT

An Act to establish a code of ethics for certain public leaders, to provide for the organisation of the Ethics Secretariat and for related matters with or incidental to them.

[1st July, 1995]
[s. 2]

Acts Nos.
13 of 1995
5 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title

   This Act may be cited as the Public Leadership Code of Ethics Act.

2.   Omitted

   [Omitted: Commencement date.]

3.   Application

   This Act shall apply to Tanzania Zanzibar as well as to Mainland Tanzania in respect of public officers holding offices under the Union Government.

4.   Interpretation

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

   "Code" means the Code of Ethics for Public Leaders established by this Act;

   "Commissioner" means the Ethics Commissioner appointed under section 19;

   "Government" means the Union Government or the Revolutionary Government of Zanzibar;

   "Minister" means the Minister responsible for public leadership code of ethics;

   "public leader" means any person holding any of the following public offices, namely–

       (i)   President of the United Republic;

       (ii)   Vice-President of the United Republic;

      (iii)   President of Zanzibar;

      (iv)   Prime Minister;

      (v)   Chief Minister of Zanzibar;

      (vi)   Speaker and Deputy Speaker;

      (vii)   Chief Justice of the United Republic;

      (viii)   Minister, Deputy Minister and Regional Commissioner;

      (ix)   Attorney-General;

      (x)   Judge and Magistrate;

      (xi)   Member of Parliament;

      (xii)   Ambassador or High Commissioner representing Tanzania abroad;

      (xiii)   Chief Secretary, and District Commissioner; Regional Administrative Secretary, Permanent Secretary, Deputy Permanent Secretary;

      (xiv)   Controller and Auditor-General;

      (xv)   Clerk of the National Assembly;

      (xvi)   Chief of Defence Forces;

      (xvii)   Inspector-General of Police and the Regional Police Commander;

      (xviii)   Chief of National Service;

      (xix)   Principal Commissioner of Prisons;

      (xx)   Director-General of Intelligence;

      (xxi)   Director-General of Prevention of Corruption Bureau;

      (xxii)   Mayor, Chairman, Member or chief executive officer of a local government;

      (xxiii)   Governor, Deputy Governor, Chairman, Managing Director, General Manager or Director-General of a body corporate in which the Government has a controlling interest;

      (xxiv)   Chairman and Members of all commissions appointed on full-time basis;

      (xxv)   public officers in charge of independent Government departments;

      (xxvi)   Commissioners for tax at the Tanzania Revenue Authority;

      (xxvii)   Commissioners and Directors in the Government Ministries;

   "Tribunal" means the Ethics Tribunal appointed under section 26.

   (2) Notwithstanding subsection (1), the President may, by notice published in the Gazette, change, vary or amend the list of public leaders specified under subsection (1).

   (3) Where any changes or variations occur in respect of any title of public leader specified under section (1), the new titles shall be deemed to be the proper title under this Act.

PART II
THE BASIC ELEMENTS OF CODE OF ETHICS (ss 5-7)

5.   President to work for promotion of integrity in public office, etc.

   (1) It shall be the duty of the President, subject to this Act, to work towards the evolution of ethical standards designed to provide a basis for enhancing public confidence in the integrity of public leaders and in the decision-making process in the Government and in the public sector in general.

   (2) In discharging the duty imposed on him by this section, the President shall be guided, subject to this Act, by the need to evolve, and to foster, sound rules and ethical standards in the public service by–

   (a)   providing that a public leader shall not put himself in a position where his personal interest conflicts with his responsibility as such leader;

   (b)   encouraging experienced and competent persons to seek and accept public office, and facilitating interchange between the private and the public sector;

   (c)   establishing clear rules of ethics in respect of conflict of interest for, and post-employment practices applicable to, elected and appointed public leaders;

   (d)   minimising the possibility of conflicts arising between the private interests and public duties of public leaders and providing for the resolution of such conflicts in the public interest should they arise.

6.   Principles to be invoked by Code

   The Code of Ethics for public leaders shall seek as far as possible to institute and invoke the following principles in respect of the conduct of public leaders, namely–

   (a)   in relation to ethical standards, that public leaders shall while in office act with honesty, compassion, sobriety, continence, and temperance, and uphold the highest possible ethical standards so that public confidence and trust in the integrity, objectivity and impartiality of Government are conserved and enhanced;

   (b)   in relation to public scrutiny, that public leaders shall have an obligation–

      (i)   to perform their official duties and arrange their private affairs in a manner that would bear the closest public scrutiny, an obligation that is not fully discharged by simply acting lawfully;

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