CHAPTER 71
RESETTLEMENT OF OFFENDERS ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
NOTICES
(Section 3)
G.N. No. 135 of 1969
1. This Notice may be cited as the Resettlement of Offenders (Declaration of Resettlement Centres) Notice.
2. The places described in the Schedule to this Notice are hereby declared to be Resettlement Centres.
3. Where the boundaries of a Resettlement Centre are not marked by stone, hedge, fence or otherwise, the officer in charge shall decide whether any place is within the precincts of a Resettlement Centre.
SCHEDULE
(I) KITENGULE RESETTLEMENT CENTRE
All those lands at Kitengule in Kagera Region situate approximately twenty-seven miles from Karagwe Township along the main Karagwe/Bukoba Road on the Kitengule Plains bordered by the rivers Kagera and Mwisa, approximately twelve miles from Kyaka and approximately two miles east of Kitengule Prison.
(II) SONGWE RESETTLEMENT CENTRE
All those lands situate at Songwe in Mbeya Region approximately twenty-six miles from Mbeya township along the main Mbeya/Tunduma Road and approximately two miles north of Songwe Prison.
(III) MOLLO RESETTLEMENT CENTRE
All those lands at Mollo, Sumbawanga, Mbeya Region situate approximately twenty-six miles from Sumbawanga township along the old main Sumbawanga/Mbeya Road and eight miles south-east of Mollo, Sumbawanga Prison.
(IV) WAMI RESETTLEMENT CENTRE
All those lands at Wami in Morogoro Region situate approximately thirty-seven miles from Morogoro township along the main Morogoro/Mvomero Road and approximately one mile east of Wami Prison bordered by the River Migombe.
(V) NGWALA RESETTLEMENT CENTRE
All those lands at Ngwala in Chunya District, Mbeya Region, situate approximately one hundred and twelve miles from Mkwajuni township to the north-west near Ngwala Ujamaa Village; and occupying an area of seventeen thousand square kilometres, which is bordered by Ngwala Ujamaa Village in the south and by a bush in the south-west.
REGULATIONS
(Section 18)
G.Ns. Nos.
133 of 1969
145 of 1969
1. Citation
These Regulations may be cited as the Resettlement of Offenders Regulations.
2. Forms
The forms in the Schedule where applicable and where they are not applicable, forms of like character, with such variations as circumstances may require, shall be used.
3. Meals
(1) Every settler shall be served with a minimum of three meals a day.
(2) The food supplied shall be wholesome in quality and prepared in a cleanly manner and with due regard to the religious custom of the settlers.
(3) The food supplied to settlers shall be in accordance with the dietary scales for the time being applicable to prisoners confined in a prison and prescribed under the provisions of the Prisons Act *.
(4) The quality and quantity of the food supplied shall be tested daily by the officer-in-charge or by some person deputed to do so by him, and as often as possible by the medical officer in charge or the medical subordinate.
(5) Where a settler has been granted permission for his dependants to join him at the resettlement centre the settler shall be responsible for the supply of food to his dependants and in any such case if the settler expresses his desire to have his meals with his dependants he shall be entitled to receive from the officer-in-charge such quantity of uncooked food as may be necessary for his personal consumption or in lieu thereof such sum of money as may be sufficient to meet the cost of such quantity of uncooked food.
4. Labour
(1) Every settler shall be required to carry out such work at the centre as the officer-in-charge may direct.
(2) In allocating work to any settler the officer-in-charge shall have regard to any directions given by the medical officer in respect of the settler.
(3) Where the medical officer has directed that any settler shall not be required to do any physical labour, the settler shall be exempted from physical labour.
5. Facilities for the practice of religion
The officer-in-charge shall accord every settler reasonable facilities to practise his religion.
6. Visitors
(1) The officer-in-charge shall permit settlers to receive visitors at least once a week.
(2) No visitor shall unless otherwise authorised by the officer-in-charge, be entitled to remain within the precincts of the resettlement centre for more than two hours or at any time between 6 p.m. on any day and 7 a.m. the following day.
(3) A visitor shall be entitled to bring gifts for a settler.
(4) Notwithstanding subregulation (3) the officer-in-charge may refuse any visitor to introduce into the resettlement centre any article which, in the opinion of the officer-in-charge, is harmful or otherwise undesirable.
7. Letters
(1) A settler shall be entitled to receive and, at his own expense, to send out letters.
(2) Notwithstanding subregulation (1) every settler shall be entitled to send out not more than one letter per month at the expense of the United Republic.
(3) It shall be lawful for the officer-in-charge to read any letter received or sent out by a settler.
(4) No settler shall send out without the authority of the officer-in-charge any letter for publication in a newspaper or on the radio.
8. Housing
(1) A settler shall be housed in such a manner as the officer-in-charge may determine.
(2) The number of settlers occupying any room shall be such as to avoid overcrowding, the minimum of thirty square feet being allowed per person, and due regard being had to the health of the settlers.
(3) A settler who has been permitted to have his spouse join him at the resettlement centre shall be given separate quarters for the residence by himself, his spouse and other dependants, if any.
(4) It shall be the duty of settlers and their dependants to keep all rooms, quarters and other premises occupied by them, clean.
9. Hair-cutting and shaving
(1) A settler shall not be compelled to have his hair cut or to be shaved, but such barbering facilities as may be necessary shall be made available to any settler who wishes to avail himself of the same.
(2) Notwithstanding subregulation (1) where the medical officer requires any settler to cut his hair or shave for reasons of health or well-being, the settler shall comply with that requirement.
10. Labour hours
(1) A settler shall not be required to work for hours more than nine hours a day, on a Sundays and on a public holiday.
(2) Notwithstanding subregulation (1) it shall be lawful for the officer-in-charge to require a settler on a Sunday and on a public holiday to clean his living quarters, utensils, furniture and other articles in use by the settler and also to participate in the preparation of food.
11. Register
The officer-in-charge shall maintain a register of the settlers in the resettlement centre and shall enter therein the following particulars–
(a) the name of the settler;
(b) the date of the resettlement order;
(c) the date of the settler's arrival at the resettlement centre;
(d) the date of departure of the settler from the resettlement centre; and
(e) such other particulars as the officer-in-charge may consider relevant.
12. Illness
Where any settler becomes ill it shall be the duty of the officer-in-charge to report the illness to the medical officer and to place the settler under the treatment of the medical officer.
{mprestriction ids="1,2,3"}
13. Leave of absence
(1) Where the officer-in-charge is satisfied that a settler's conduct at the resettlement centre has been satisfactory he may permit the settler to go on leave of absence for a period not exceeding seven days.
(2) No settler shall be permitted to go on leave of absence unless he has been a resident of the resettlement centre or some other resettlement centre for a continuous period of twelve months and not less than twelve months have elapsed since he was last permitted to go on leave of absence.
(3) In addition to the leave of absence provided for in subregulation (1) the officer-in-charge may, at his discretion, permit a settler to go on leave of absence for any reasonable excuse.
14. Residence of dependants
(1) The officer-in-charge may permit a settler to have his spouse and other dependants to reside with him at the resettlement centre.
(2) In exercising his discretion under this regulation the officer shall have regard to–
(a) the conduct of the settler; and
(b) the availability of accommodation.
15. Dependant may be expelled
Where the officer-in-charge is of the opinion that the spouse or a dependant of any settler has so misconducted himself that it is not desirable to permit such spouse or dependant to reside at the centre, he may expel the spouse or the dependant from the centre.
16. Leave without permission
No settler shall, without the permission of the officer-in-charge, leave the precincts of the centre.
17. Offences
(1) Any person who–
(a) within the precincts of a resettlement centre behaves in an indecent or obscene manner;
(b) having been ordered by the officer-in-charge to vacate the precincts of the centre, disobeys such order;
(c) having been ordered by the officer-in-charge or any other person acting on his behalf not to introduce any article into the resettlement centre, disobeys such order;
(d) introduces into a resettlement centre any article which the officer-in-charge has declared to be undesirable;
(e) being a settler, refuses to do any work or participate in any activity when required so to do by the officer-in-charge or any other officer deputed by the officer-in-charge;
(f) being a settler, leaves the precincts of the resettlement centre without the authority of the officer-in-charge; or
(g) being a settler, fails to report at the resettlement centre upon the expiry of his leave of absence,
commits an offence and is be liable upon conviction to imprisonment for a term not exceeding six months.
(2) Any person who commits an offence under this regulation may be arrested without a warrant by the officer-in-charge or an assistant officer-in-charge.
18. Appeals
Where any settler who has applied for permission for any of his dependants to join him at the resettlement centre is refused such permission, or where any dependant residing with any settler at a resettlement centre is expelled from the centre by the officer-in-charge under the provisions of regulation 15, the person aggrieved by such refusal or expulsion, as the case may be, may, within thirty days thereof, appeal to the Minister and the decision of the Minister on any such appeal shall be final and binding.
SCHEDULE
FORMS
FORM 1
RESETTLEMENT ORDER
RESETTLEMENT OF OFFENDERS ACT (CAP. 71)
(Sections 4 and 8)
It is hereby ordered that the said ............................................................. be resettled at the ................................................... Resettlement Centre. |
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The person against whom this order is made shall travel to the Resettlement Centre aforesaid in the following manner: |
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This order shall take effect on the ......................... day of ........................., 20........ |
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Date ....................................... | ........................................................ |
FORM 2
APPLICATION FOR WARRANT OF ARREST
RESETTLEMENT OF OFFENDERS ACT (CAP. 71)
(Section 11)
In the Court of the Resident Magistrate of ................................................................. at .................................................................... |
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Whereas a Resettlement Order has been made in respect of ............................................ of ................................................ to take effect from ............................................ requiring |
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And whereas I am of the opinion that the said ..................................................... may not comply with the said Resettlement Order: |
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I hereby apply that a warrant be issued for the arrest of the said ..................................... |
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Dated at ......................................... this ......................... day of ........................., 20........ |
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Date ............................................ | ........................................................ |
FORM 3
RECOMMENDATION FOR A RESETTLEMENT ORDER
RESETTLEMENT OF OFFENDERS ACT (CAP. 71)
(Section 5)
To: | |
Under the authority of Section 5(1) of the Resettlement of Offenders Act, |
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I ................................................................. the Commissioner for Social Welfare, hereby recommend that a Resettlement Order be made in respect of ................................................ who has been convicted of the following offence which is punishable with imprisonment for a term of two years or more ................................................................................................. |
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Date ......................................... | .......................................................... |
FORM 4
REQUEST FOR REVIEW OF A RESETTLEMENT ORDER
RESETTLEMENT OF OFFENDERS ACT (CAP. 71)
To: | |
Under the authority of section 15(b) of the Resettlement of Offenders Act, |
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I ....................................................................... the Commissioner for Social Welfare, hereby request that the Resettlement Order made in respect of ............................................. on the ........................ day of ........................, 20........ be reviewed. |
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Date ......................................... | ........................................................... |
FORM 5
CERTIFICATE AS TO LEAVE OF ABSENCE
HATI YA RUKSA
MWENYE HATI HII NI
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AMEPEWA RUKSA YA SIKU |
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(Tarakimu na herufi) ........................................................................................................... |
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Anatakiwa kurudi hapa tarehe ............................................................................................ |
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Sahihi ....................................... |
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Chini ya kanuni ya 13 na kifungu cha18 Resettlement of Offenders Act. |
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Ilani. Hati hii haiwezi kubadilishwa na mutu mwingine. Kuchelewa kurudi katika makazi tarehe iliyotajwa hapo juu ni kosa chini ya Kanuni ya 17 na mkosaji atakamatwa na kushtakiwa. |
FORM 6
TRANSFER OF SETTLERS
RESETTLEMENT OF OFFENDERS ACT (CAP. 71)
Whereas by an order dated the ......................... day of ......................... 20........ I ordered and directed by virtue of section ............................. of the Resettlement of Offenders Act, that ......................................... be resettled at ........................................ Resettlement Centre. |
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And whereas I am minded to authorise the transfer of the said person to another resettlement centre for the following reason(s), that is to say ................................................ ........................................................................................................................................ ........................................................................................................................................ ....................................................................................................................................... |
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Now therefore I authorise the Commissioner of Prisons to direct the officer-in-charge at ......................................................... Resettlement Centre to transfer the said person to ......................................................... Resettlement Centre. |
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Dated this ......................... day of ......................... 20........ |
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................................................. |
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c.c. The Officer-in-charge |
(Section 18)
G.N. No. 182 of 1978
1. Citation
These Regulations may be cited as the Resettlement Centres (Discipline and Order) Regulations.
2. Powers of maintaining discipline and order
Subject to these Regulations the officer-in-charge of a resettlement centre shall maintain discipline and order within the precincts of a resettlement centre and for this purpose shall have power–
(a) to search any settler entering or who is within the precincts of a resettlement centre;
(b) to seize any article which he considers undesirable or dangerous to the security of a resettlement centre;
(c) to arrest without warrant any settler who commits a disciplinary offence;
(d) to impose the disciplinary punishment specified in these regulations on any settler who has committed a disciplinary offence;
(e) to restrain any settler who conducts himself in a violent or any manner dangerous to the security or good order of a resettlement centre; and
(f) to use or cause to be used upon any settler, such reasonable force as may be necessary to effect any disciplinary action.
3. Conduct of search
(1) The search of any settler shall be conducted in private and in a manner only necessary for the discovery of concealed articles.
(2) Every settler shall be searched by an officer of his or her own sex.
4. Means of restraint
(1) A settler may be restrained only by one or more of the following means–
(a) body belt with handcuffs;
(b) body belt with leathercuffs;
(c) handcuffs;
(d) ankle straps;
(e) leg irons.
(2) A female settler shall not be restrained by means of a body belt with handcuffs.
(3) Where a settler has been restrained by means of a body belt with handcuffs or body belt with leathercuffs, the left hand of the settler, in the case of a right handed settler, shall be freed during meal times.
(4) Leg irons shall not be applied to any settler unless ankle straps or ankle puttees have first been placed on the legs on which the leg irons are to be placed:
Provided that a settler who has been restrained shall not be permitted to stay in his own or other premises except in a ward, or where he has been confined in a cell, in such cell.
5. Restraint register
(1) The officer-in-charge shall maintain a restraint register of all the settlers who have been subjected to restraint and shall record in it, the following particulars–
(a) the name, and number of every settler who has been restrained;
(b) the type of the restraint applied;
(c) the reasons for the restraint;
(d) the date of the restraint and its removal.
(2) The officer-in-charge shall, at the end of every month, submit to the Minister a report on the settlers subjected to restraint in that month.
6. Notice of restraint
Where any settler has been subjected to restraint, the officer-in-charge shall immediately give notice of the restraint to a medical officer in the District where the resettlement centre is situated:
Provided that no such notice shall be necessary where the settler has been restrained only while he is being moved from one part of a resettlement centre to another or is being escorted or is working outside a resettlement centre.
7. Examination of a restrained settler
(1) Where a notice of restraint has been given under regulation 6 the medical officer shall promptly examine the restrained settler and certify in the restraint register whether or not, in his opinion, the settler is medically fit to be so restrained.
(2) If the medical officer certifies that the settler is not medically fit to be so restrained the restraint shall be removed forthwith and the matter reported by the officer-in-charge to the Minister.
8. Removal of restraint
Whenever the necessity for restraining a settler has ceased to exist, the restraint shall be promptly removed and the settler set free.
9. Minor disciplinary offences
Any settler who–
(a) makes a false or groundless accusation or complaint against any other settler or employee of a resettlement centre;
(b) threatens violence, curses, swears or uses indecent, violent or insulting language;
(c) does any act or uses any language calculated to wound or offend the feelings and susceptibilities of any other settler;
(d) with the intention to mislead answers untruthfully any question put to the settler by any employee or official visitor of a resettlement centre;
(e) by utterance or conduct shows disrespect to any employee or visitor of a resettlement centre;
(f) neglects or refuses to maintain cleanliness of his body, clothing, bedding, premises or utensils used by him;
(g) neglects or refuses to take care of any property of a resettlement centre entrusted to him;
(h) neglects or fails to report at once any loss, breakage or damage caused by him to any property of a resettlement centre;
(i) without reasonable excuse tampers with any property belonging to another settler or a resettlement centre;
(j) commits a nuisance in any part of a resettlement centre;
(k) loiters during working hours or is idle, careless or negligent at work;
(l) malingers or feigns illness;
(m) upon being asked by any employee of a resettlement centre to assist in the prevention of an escape or the suppression of violence, neglects or refuses to tender such assistance;
(n) refuses to undergo medical treatment;
(o) disobeys any lawful order given by an employee of a resettlement centre;
(p) persistently makes unnecessary noise within the precincts of a resettlement centre;
(q) does any act prejudicial to the discipline and good order of a resettlement centre,
commits a minor disciplinary offence.
10. Major disciplinary offences
Any settler who–
(a) refuses to perform a task or participate in any activity allocated to him by any employee of a resettlement centre;
(b) wilfully destroys any property belonging to another settler or a resettlement centre;
(c) assaults or takes part in any assault or any personal violence on any other settler or any employee or visitor of a resettlement centre;
(d) wilfully causes himself any illness, injury or disability;
(e) without permission or reasonable excuse takes any property belonging to any other settler or a resettlement centre;
(f) introduces into a resettlement centre any article which the officer-in-charge has declared to be undesirable or having been ordered by any employee of a resettlement centre not to introduce into a resettlement centre a particular article, refuses to obey such order;
(g) resists or does any act intending to disturb or prevent the infliction of a disciplinary punishment on himself or any other settler;
(h) attempts or assists or in any way participates in any escape from a resettlement centre;
(i) leaves the precincts of a resettlement centre without the authority of the officer-in-charge;
(j) having been authorised to leave the precincts of a resettlement centre or at the expiry of his leave of absence, fails to report at the resettlement centre;
(k) having been twice found guilty of the same minor offence, commits the same minor offence,
commits a major disciplinary offence.
11. Powers of punishment by assistant officer-in-charge
An assistant officer-in-charge may in relation to any disciplinary offence award any of the following by punishments–
(a) reprimand;
(b) extra fatigue in a communal farm or any other place in a resettlement centre, for a period not exceeding two days;
(c) confinement in a cell with or without a penal diet for a period not exceeding three days.
12. Powers of punishment by officer-in-charge
The officer-in-charge may–
(a) in relation to any minor disciplinary offence award any of the following punishments–
(i) extra tasks in a communal farm or any other place in a resettlement centre; or
(ii) confinement in a cell for a period not exceeding seven days;
(b) in relation to any major disciplinary offence any of the following punishments:
(i) extra tasks in a communal farm or any other place in a resettlement centre for a period not exceeding seven days;
(ii) confinement in a cell with or without penal diet for a period not exceeding fourteen days; or
(iii) loss of leave of absence for a period of twelve months.
13. Powers of punishment by Principal Commissioner of Prisons
The Principal Commissioner of Prisons in consultation with the Commissioner for Social Welfare may in relation to any major disciplinary offence award any of the following punishments–
(a) extra tasks in a communal farm or any other place in a resettlement centre for a period not exceeding fourteen days;
(b) confinement in a cell with or without penal diet for a period not exceeding twenty-eight days; or
(c) loss of leave of absence for a period of twenty-four months.
14. Penal diet
(1) Penal diet shall be of any of the following scales–
(a) Scale I: sixteen ounces of bread and water ad libitum, daily;
(b) scale II: eight ounces of rice and water ad libitum, daily;
(c) scale III: twelve ounces of maize meal and water ad libitum, daily; or
(d) scale IV: sixteen ounces of bread and water ad libitum, daily.
(2) Where penal diet has been awarded for a period exceeding three days there shall be an interval of one day on full diet after every period of three days.
15. Restriction on confinement in a cell
(1) No settler shall–
(a) be confined in a cell for a total number of days exceeding ninety days in a period of twelve months;
(b) be re-confined in a cell for a continuous period exceeding seven days.
(2) There shall be an interval of seven days before confinement is resumed in respect of every single period of confinement exceeding seven days.
(3) Where two periods of confinement have been awarded in respect of the same settler there shall be an interval of days not being less than the longer of the two periods of confinement.
16. Visits of confined settler
(1) A settler who has been confined in a cell shall be visited only by the persons and in the manner specified below–
(a) the officer-in-charge, at least once every day;
(b) an employee of the resettlement centre, at intervals of not less than three hours every day;
(c) a medical officer, as often as he is available;
(d) a minister of religion.
(2) A settler confined in a cell shall be allowed to take physical exercises every day for a period of not less than one hour.
17. Power of Minister to review punishment
(1) The Minister may review any punishment awarded under these regulations.
(2) In reviewing any punishment the Minister may reduce or terminate such punishment or make any other order in that regard as he may deem fit. {/mprestriction}