HSE University Anti-Corruption Portal
Tanzania Amends Its Anti-Corruption Legislation

Tanzania has adopted a legal act expanding the list of elements of corruption crimes, changing respective liability measures and granting new powers to the Prevention and Combating of Corruption Bureau (hereinafter referred to as the Bureau).

The Prevention and Combating of Corruption (Amendment) Act, 2024 introduces the following amendments:

Corpus delicti

The key novelty of the Act consists in the introduction of new elements of corruption crimes, in particular:

  • Corruption in elections, punishable by imprisonment for a period ranging between three and five years and a fine from TZS 3,000,000 (roughly USD 1,300) to TZS 20,000,000 (around USD 8,500);
  • Active and passive bribery in sport, gambling and entertainment punishable for a period ranging between three and 20 years and/or a fine from TZS 3,000,000 to TZS 20,000,000 or the sum equivalent to the market price of the property of illicit origin, as well as confiscation of proceeds of crime in certain cases. Any person who is aware of a crime shall report accordingly to the Bureau within 21 days from the day on which the circumstances come to their knowledge; a failure to respect this obligation is punishable by the same measure as the main crime.

Additionally, the list of punishable actions committed in the course of investigation and/or prosecution of corruption crimes has been expanded. Specifically, besides false testimony and misleading of authorized persons, the following actions have been incorporated in it:

  • Refusal to appear upon request of an authorized person without a good reason;
  • Refusal to produce the documents requested by an authorized person without a good reason.

Commission of these actions is punishable by one-year imprisonment and/or a fine from TZS 100,000 (roughly USD 40) to TZS 2,000,000 (roughly USD 850).

Liability measures

The Act also changes liability measures for some other corruption crimes.

For instance, the sanctions for active and passive bribery in employment (recruitment, promotion and/or any other matter related to employment) now include not only imprisonment for up to three years and/or a fine of TZS 5,000,000 (roughly USD 2,100), but also confiscation of proceeds of crime.

The perpetrators abusing their functions are punished by imprisonment ranging between five and ten years (three years before that) and/or a fine from TZS 5,000,000 to TZS 20,000,000 or in the amount of the sum equivalent to the triple market price of the improper advantage (TZS 5,000,000 before that).

Abuse of functions with the aim to get sexual and/or other services for employment, promotion, provision of preferential rights and/or benefits is punishable by imprisonment from five to ten years (three years before that) and/or a fine from TZS 2,000,000 to 10,000,000 (roughly USD 4,200) (up to TZS 5,000,000 before that).

Functions of the Bureau

The Act also grants the Bureau the functions to freeze bank accounts and/or electronic accounts (e-wallets and the like) for up to 14 days and seize necessary documents from the respective financial organisations provided that there are reasonable grounds to believe that the owner of the account is involved in the commission of a corruption and/or a corruption-related crime. If necessary, the Bureau can additionally extend the freezing within those 14 days by a court decision.

Tags
Anti-corruption authorities
Corruption in sport
Sanctions

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