The Law Reform Commission of Tanzania Act

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CHAPTER 171
THE LAW REFORM COMMISSION OF TANZANIA ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
THE LAW REFORM COMMISSION OF TANZANIA
3. Establishment of Commission.
4. Functions of Commission.
5. Composition of Commission.
6. Tenure of office of Commissioners.
part iii
PROCEDURE AND POWERS OF THE COMMISSION
7. Repealed.
8. Reference of matters to Commission.
9. Commission may initiate own work.
10. Commission to involve public in its work.
11. General powers of Commission.
12. Commission to act independently.
13. Matters to be taken into account.
14. Submission of conclusions.
15. Publication of reports.
16. Referring matters back for reconsideration.

ntly.
13. Matters to be taken into account.
14. Submission of conclusions.
15. Publication of reports.
16. Referring matters back for reconsideration.

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536
part iv
STAFF OF THE COMMISSION
17. Public department and officers.
18. Executive Secretary.
19. Staff of Commission.
part v
MISCELLANEOUS PROVISIONS
20. Expenses of Commission.
21. Salaries and allowances of Commissioners.
22. Meetings of Commission.
23. Annual reports.
24. Records of Commission to be public records.
25. Restriction for disclosure or publication.
26. Regulations.

ngs of Commission.
23. Annual reports.
24. Records of Commission to be public records.
25. Restriction for disclosure or publication.
26. Regulations.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Law Reform Commission of
Tanzania Act.
2. In this Act, unless the context otherwise requires-
“Chairman” means the Chairman of the Commission
appointed under section 5;
“Commission” means the Law Reform Commission of
Tanzania established by section 3;
“Commissioner” means a person appointed to be
Commissioner under section 5, and includes the
Chairman;
“high judicial office” means the office of a Judge of the Court
of Appeal of the United Republic or of a Judge of the
High Court of the United Republic or the High Court of
Zanzibar;
“Minister” means the Minister responsible for legal affairs;
“reference” means a reference by the Minister or the Attorney
General to the Commission under this Act.
Short title
Interpretation
Act. No.
7 of 2018 s. 23
CHAPTER 171
THE LAW REFORM COMMISSION OF TANZANIA ACT
An Act to establish the Law Reform Commission of Tanzania.
[15th August, 1983]
[GN. No. 124 of 1983]
Acts Nos.
11 of 1980
10 of 1999
11 of 2005
2 of 2013
7 of 2018
11 of 2023

Law Reform Commission of Tanzania.
[15th August, 1983]
[GN. No. 124 of 1983]
Acts Nos.
11 of 1980
10 of 1999
11 of 2005
2 of 2013
7 of 2018
11 of 2023

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538
PART II
THE LAW REFORM COMMISSION OF TANZANIA
3. There is hereby established a Commission which shall be
known as the Law Reform Commission of Tanzania. 4.–(1) The functions of the Commission shall be to take and
keep under review all the laws of the United Republic with a
view to its systematic development and reform.

ons of the Commission shall be to take and
keep under review all the laws of the United Republic with a
view to its systematic development and reform.

(2) In particular, but without prejudice to the generality
of subsection (1), the Commission may, whether on its own
instance or otherwise-
(a) review any law or branch of the law and propose
measures necessary for-
(i) bringing that law or branch of the law into accord
with current circumstances of Tanzania;
(ii) eliminating anomalies or other defects in the
law, repealing obsolete or unnecessary laws and
reducing the number of separate enactments; and
(iii) the proper codification and simplification of that
law or branch of law;
(b) consider and advise on proposals for the adoption of
new or more effective methods for the administration
of the law and the dispensation of justice;
(c) from time to time, prepare and submit to the Minister
and a copy to the Attorney General, programmes for
the examination of different branches of law with a view
to reforming those laws, including recommendations
as to the agency, whether the Commission or another
body, by which any such examination should be carried
out;
(d) at the request of the Attorney General, prepare
comprehensive programmes for the consolidation and
revision of laws, and undertake the preparation of any
draft Bills pursuant to any such programme approved
by the Attorney General;
Establishment of
Commission
Functions of
Commission
Act No.

ration of any
draft Bills pursuant to any such programme approved
by the Attorney General;
Establishment of
Commission
Functions of
Commission
Act No.

7 of 2018 s. 24

7 of 2018 s. 24

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THE LAW REFORM COMMISSION OF TANZANIA ACT [CAP. 171 R.E. 2023]
(e) at the instance of the Minister or the Attorney General,
provide advice and assistance to any Ministry or
department or any public authority or institution by
undertaking the examination of any particular branch
of the law and making recommendations for reform so
as to bring it into accord with current circumstances;
(f) upon request, comment and give advice to the Inter-
Ministerial Technical Committee on the proposal
to enact a law with a view to ensuring systematic
development of the law in the country; and
(g) assess the implementation of written laws.

e proposal
to enact a law with a view to ensuring systematic
development of the law in the country; and
(g) assess the implementation of written laws.

(3) The Commission may, for the purposes of the more
effective performance of its functions, establish and maintain
a system of collaboration, consultation and co-operation with
any person or body of persons within or outside the United
Republic engaged in law reform and may, for that purpose-
(a) establish a system for obtaining any information
relating to the legal systems of other countries which
appears to the Commission likely to facilitate the
performance of any of its functions;
(b) publish or facilitate the publication in Tanzania of
materials relating to law reform in other countries; and
(c) convene, facilitate or promote the convention of
seminars, workshops, public lectures and other
meetings of the public for the purposes of discussion
on or dissemination of information or matters relating
to law reform in Tanzania. 5.–(1) The Commission shall consist of a Chairman and four
part-time Commissioners, all of whom shall be appointed by
the President. (2) A person may not be appointed to be a Commissioner
unless he-
(a) holds or has previously held, or is qualified for
appointment to a high judicial office in the United
Republic;
Composition of
Commission
Acts Nos.

a) holds or has previously held, or is qualified for
appointment to a high judicial office in the United
Republic;
Composition of
Commission
Acts Nos.

2 of 2013 s. 6
7 of 2018 s. 25
11 of 2023 s. 49

2 of 2013 s. 6
7 of 2018 s. 25
11 of 2023 s. 49

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540
(b) is a person who has been enrolled as an advocate in the
United Republic for not less than five years;
(c) is a person who is a graduate in law of a University
whose degree awards in law are recognised by the
Government of the United Republic, and who has since
graduation had experience in the practice of law for not
less than five years;
(d) is a teacher of law in a University or other institution
of equivalent or similar status who has a teaching
experience of not less than five years; or
(e) is a person who, in the opinion of the President is,
by reason of his special qualifications, training or
experience in the social, economic or political affairs of
Tanzania, able to contribute to the proper and effective
discharge of the functions of the Commissioner
or is otherwise suitable for appointment to the
Commission.

e to contribute to the proper and effective
discharge of the functions of the Commissioner
or is otherwise suitable for appointment to the
Commission.

6.–(1) The Chairman shall be appointed as a full-time
Commissioner and shall, unless he sooner resigns or ceases
to be a Commissioner in any other way, hold office for a term
of five years from the date of his appointment, and shall be
eligible for re-appointment. (2) A Commissioner shall be appointed as a part-time
Commissioner and shall, unless he sooner resigns or ceases
to be a Commissioner in any other way, hold office for a term
of three years from the date of his appointment, and shall be
eligible for re-appointment. (3) The appointment of Commissioners and the
re-appointment of Commissioners at the expiration of their
term of office shall be so made as to ensure the continuity of
the informed and effective performance of the functions of the
Commission. (4) A holder of a high judicial office shall not be appointed
as a Commissioner unless such person is appointed as a
Chairman. Tenure of office of
Commissioners
Acts Nos. 11 of 2005 s. 54
7 of 2018 s. 26

ppointed
as a Commissioner unless such person is appointed as a
Chairman. Tenure of office of
Commissioners
Acts Nos. 11 of 2005 s. 54
7 of 2018 s. 26

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THE LAW REFORM COMMISSION OF TANZANIA ACT [CAP. 171 R.E. 2023]
(5) The appointment of, or service by a person who holds
a high judicial office as a Commissioner, shall not affect his
tenure of that high judicial office or his rank, title, status,
precedence, salary or allowance of any kind or other rights or
privilege as the holder of that office. (6) Subject to the provisions of this Act, the instrument of
appointment of each Commissioner shall specify the terms
and conditions of his appointment. PART III
PROCEDURE AND POWERS
OF THE COMMISSION
7. [Repealed by Act No. 10 of 1999 Sch.]
8.–(1) The Minister may, from time to time, refer to the
Commission matters which the Commission may, subject to
the provisions of this Act, examine and report upon and make
recommendations with a view to reforming the law in relation
to those matters. (2) The Attorney General may, in pursuance of the provisions
of subsection (1), refer to the Commission matters connected
generally with a specific enactment or category of enactments.

ursuance of the provisions
of subsection (1), refer to the Commission matters connected
generally with a specific enactment or category of enactments.

(3) The Minister or the Attorney General may-
(a) modify the terms of any reference; or
(b) give directions to the Commission as to the order in
which it shall deal with references. (4) The Minister or the Attorney General shall not refer to
the Commission any matter which he knows to be the subject
of proceedings in any court in the United Republic to which
the United Republic is a party, or matters in respect of which it
is intended to commence proceedings in a court. 9.–(1) The Commission may, subject to informing the
Minister and the Attorney General, in that behalf, undertake
the examination of any matter without waiting for a reference
on it by the Minister or Attorney General as the case may be. Repealed
Reference of
matters to
Commission
Acts Nos. 10 of 1999 Sch. 7 of 2018 s. 27
Commission may
initiate own work
Act No. 7 of 2018 s. 28

may be. Repealed
Reference of
matters to
Commission
Acts Nos. 10 of 1999 Sch. 7 of 2018 s. 27
Commission may
initiate own work
Act No. 7 of 2018 s. 28

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542
(2) Notwithstanding the generality of the power conferred
by subsection (1), the Commission shall not undertake the
examination of any matter which it knows to be the subject of
proceedings in any court in the United Republic to which the
United Republic is a party. 10.–(1) In carrying out an examination of any matter whether
or not in pursuance of a reference, the Commission may
arrange its work as to enable it to educate the public on the
issues involved in that matter and to obtain the views of the
greatest possible number of the people of Tanzania on the
issues in question.

lic on the
issues involved in that matter and to obtain the views of the
greatest possible number of the people of Tanzania on the
issues in question.

(2) For purposes of complying with the provisions of
subsection (1), the Commission may do all such acts as in its
opinion are necessary to achieve participation by the public in
the work of the Commission and may, in particular-
(a) organise and hold seminars for the discussion of
matters of public concern relevant to the subject of
reference;
(b) arrange for public lectures to be given by the
Commission;
(c) call for and promote public debates at meetings called
by, or for the purposes of the Commission or through
the mass media;
(d) establish and publish a bulletin, periodical or other
publication for the purposes of disseminating
information on law reform; and
(e) do anything which, in the opinion of the Commission,
is necessary or desirable for the purposes of publicizing
its tentative reform recommendations and to obtain
awareness of and response to them by the public. 11.–(1) The Commission may appoint a Committee or
committees for the purpose of dealing with any particular
matter or matters referred to the Commission or intended
to be proposed by the Commission to the Minister or the
Attorney General.

with any particular
matter or matters referred to the Commission or intended
to be proposed by the Commission to the Minister or the
Attorney General.

Commission to
involve public in
its work
General powers of
Commission
Acts Nos. 10 of 1999 Sch. 7 of 2018 s. 29

Commission to
involve public in
its work
General powers of
Commission
Acts Nos. 10 of 1999 Sch. 7 of 2018 s. 29

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THE LAW REFORM COMMISSION OF TANZANIA ACT [CAP. 171 R.E. 2023]
(2) For the purposes of dealing with any particular matter
referred to it, the Commission may co-opt such number
of persons to assist it in the collection and organisation of
material as it may deem necessary. (3) The Commission may call upon any person to furnish
to it such information as may be specified by the Commission. (4) [Repealed by Act No. 10 of 1999 Sch.]
12. Subject to the provisions of this Act, the Commission
shall, in the performance of its functions under this Act,
act independently in its deliberations and formulation of its
recommendations. 13.–(1) Without prejudice to the independence conferred
by section 12, in the performance of its functions under this
Act, the Commission shall take into account the need for
having in Tanzania laws which are in accord with, and which
facilitate the implementation of the policy of Ujamaa and
self-reliance.

ount the need for
having in Tanzania laws which are in accord with, and which
facilitate the implementation of the policy of Ujamaa and
self-reliance.

(2) In particular, the Commission shall consider and make
proposals for law reform with a view to ensuring that the laws
of the United Republic are so made as to-
(a) promote and expand the principles and practice of
human equality and freedom as stipulated in the
Constitution of the United Republic of Tanzania;
(b) promote and secure the decolonization of the law of
Tanzania by the refinement of and adaptation of the
customs, traditional values and beliefs of the people
of Tanzania which are suitable for application in
conjunction with modern progressive legal ideas;
(c) promote interest in, and ensure respect for the rule
of law by discouraging arbitrariness, officialism and
excessive bureaucracy;
(d) ensure the development of a just system for the equal
dispensation of justice and the better protection of
communal and individual property of the people of
Tanzania; and
Commission to
act independently
Matters to
be taken into
account
Act No. 10 of 1999 Sch.

mmunal and individual property of the people of
Tanzania; and
Commission to
act independently
Matters to
be taken into
account
Act No. 10 of 1999 Sch.

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544
(e) promote and enhance respect for human rights by
all persons in their conduct of official business and
personal affairs. 14.–(1) Subject to subsection (2), where the Commission
reaches definite conclusions on any matter for the time being
under its consideration, it shall draw up a report in suitable
form, incorporating such recommendations as it thinks fit,
and submit it to the Minister. (2) Where the Minister or the Attorney General has referred
a matter to the Commission, the Commission may, at any time
before making its report in pursuance of the reference, submit
to the Minister or the Attorney General an interim report on
its work under the reference. 15.–(1) The Minister shall, as soon as practicable, but not later
than twelve months after receiving report submitted to him by
the Commission cause every such report to be tabled before
the National Assembly and its contents to be brought to the
attention of the public.

him by
the Commission cause every such report to be tabled before
the National Assembly and its contents to be brought to the
attention of the public.

(2) The Minister may, either upon tabling any report
pursuant to the provisions of subsection (1) or on a subsequent
occasion, as the case may be, make a statement in the National
Assembly indicating what action the Government proposes
to take in respect of any of the recommendations of the
Commission made in the report in question. (3) The Commission may, after the Minister has tabled the
report before the National Assembly, release the report to the
general public. 16. Where the Government determines that any
recommendation made in any report submitted by the
Commission is unsuitable for implementation on the ground
solely, or on several grounds which include the ground that
certain matters relevant to a reference, or to any matter
examined by the Commissioner or that certain matters or
situations reasonably expected to be permanent, have arisen
Submission of
conclusions
Act No. 7 of 2018 s. 30
Publication of
reports
Act No. 10 of 1999 Sch. Referring
matters back for
reconsideration
Act No. 7 of 2018 s. 31

conclusions
Act No. 7 of 2018 s. 30
Publication of
reports
Act No. 10 of 1999 Sch. Referring
matters back for
reconsideration
Act No. 7 of 2018 s. 31

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THE LAW REFORM COMMISSION OF TANZANIA ACT [CAP. 171 R.E. 2023]
which the Commission did not have in contemplation or which
affect considerably any or all of the recommendations of the
Commission, that recommendation or the part or parts of the
report of the Commission in question shall be referred back
by the Minister on the advice of the Attorney General to the
Commission and the Commission shall make a supplementary
report to the Minister on any matters referred back to it. PART IV
STAFF OF THE COMMISSION
17. Subject to the provisions of this Act, the provisions of any
law for the time being in force in relation to public departments
shall apply to the Commission, and the office of Commissioner,
Executive Secretary to the Commission and any other office
under the Commission shall be public offices in the service of
the United Republic. 18.–(1) The President shall appoint, on such terms as he may
determine, a public officer to be the Executive Secretary to the
Commission.

ed Republic. 18.–(1) The President shall appoint, on such terms as he may
determine, a public officer to be the Executive Secretary to the
Commission.

(2) A person may not be appointed to be Executive
Secretary to the Commission unless he holds a degree in law
from a university whose awards in law are recognised by the
Government of the United Republic, and has since graduation
practiced law, or been engaged in teaching or research in law,
for a period of not less than five years. (3) The Executive Secretary of the Commission shall,
subject to the provisions of this Act, be the executive officer
of the Commission and shall in that capacity, subject to the
direction of the Chairman, be responsible to the Commission
for the day to day operations and the management of the
records of the Commission. Public
department and
officers
Executive
Secretary
Acts Nos. 10 of 1999 Sch. 2 of 2013 s. 7

tions and the management of the
records of the Commission. Public
department and
officers
Executive
Secretary
Acts Nos. 10 of 1999 Sch. 2 of 2013 s. 7

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546
19.–(1) Subject to the provisions of this section, the
provisions of any law for the time being in force in relation
to the constitution of offices in the civil service shall apply
to the constitution of offices under the Commission, and the
Permanent Secretary may second or transfer persons holding
office in the service of the United Republic to offices under the
Commission. (2) Notwithstanding the provisions of subsection (1), and
subject to the relevant civil service employment regulations
and procedures, the Commission may engage on permanent
terms such persons who are qualified and suitable to work for
the Commission. (3) With prior consultation with the Minister, the
Commission may engage on temporary terms such persons
who are experts in fields of learning for the time being relevant
to the matter which is being examined by the Commission.

emporary terms such persons
who are experts in fields of learning for the time being relevant
to the matter which is being examined by the Commission.

(4) Payment of salaries, allowances or other payments
and the conditions and terms of service of persons who
may be engaged on permanent or temporary terms by the
Commission shall be as maybe determined by the Permanent
Secretary in consultation with the Permanent Secretary
Central Establishment and as specified in the instrument of
appointment of each of such persons. (5) Where a person is seconded or transferred to the
service of the Commission under this section, his terms and
conditions of employment with the Commission shall not be
less favourable than those of his previous employment in the
public service, and his service with the Commission shall be
deemed to be continuous with his previous employment in the
public service for the purposes of determining his entitlement
to and quantum of pension, gratuity or other superannuation
benefit. (6) Where a person engaged as an expert by the Commission
is the holder of another office in the public service, he shall
not be required to perform the duties of his other office, but
his service with the Commission shall not affect his tenure of
Staff of
Commission
Acts Nos. 10 of 1999 Sch. 7 of 2018 s. 32

of his other office, but
his service with the Commission shall not affect his tenure of
Staff of
Commission
Acts Nos. 10 of 1999 Sch. 7 of 2018 s. 32

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THE LAW REFORM COMMISSION OF TANZANIA ACT [CAP. 171 R.E. 2023]
that other office or his rank, title, precedence, salary or other
entitlement as the holder of that other office. (7) For purposes of this section, “Permanent Secretary”
means the Permanent Secretary to the Ministry whose
responsibilities for the time being include matters relating to
the recruitment and development of manpower for the public
service. PART V
MISCELLANEOUS PROVISIONS
20. Except as otherwise provided in the Public Officers
(Salaries and Allowances) Act, all other expenditure payable
or incurred under or in the administration of this Act shall be
payable out of moneys to be appropriated by Parliament. 21.–(1) There shall be paid to the Commissioners such salaries
or remuneration as shall be determined by the President,
and those salaries and remuneration shall be charged on the
Consolidated Fund.

such salaries
or remuneration as shall be determined by the President,
and those salaries and remuneration shall be charged on the
Consolidated Fund.

(2) As soon as the President determines the salaries and
remuneration payable to Commissioners, the Minister shall,
by order published in the Gazette, specify the amount of
salaries and remuneration payable in each calendar year to
each Commissioner, and such specification shall have effect
as if it had been a provision made in this section, and the
Schedule to the Public Officers (Salaries and Allowances)
Act (which specifies the salaries of certain persons holding
office in the service of the United Republic which are charged
on the Consolidated Fund) shall then be deemed to have
been amended by this section by adding in the appropriate
columns of the Schedule, in appropriate alphabetical order,
new items relating to the salaries and remuneration of the
Commissioners. Expenses of
Commission
Cap. 360
Salaries and
allowances of
Commissioners
Cap. 360

tems relating to the salaries and remuneration of the
Commissioners. Expenses of
Commission
Cap. 360
Salaries and
allowances of
Commissioners
Cap. 360

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548
22.–(1) The Chairman shall convene such meetings of the
Commission, and at such times and places, as may be necessary
for the efficient conduct of its affairs. (2) At any meeting of the Commission, not less than three
Commissioners shall constitute a quorum. (3) The Chairman shall preside at all meetings at which he
is present, or in the absence of the Chairman at any meeting,
the Commissioners present shall elect one of their number to
preside at that meeting. (4) All questions arising at a meeting of the Commission
shall as much as possible, be decided by consensus of the
members present at the meeting. (5) The Commission may regulate and conduct the
proceedings at its meetings as it thinks fit, and the Executive
Secretary to the Commission shall keep and maintain a correct
record of those proceedings.

eedings at its meetings as it thinks fit, and the Executive
Secretary to the Commission shall keep and maintain a correct
record of those proceedings.

(6) The validity of the exercise or performance of the
functions or powers, and the proceedings of the Commission
shall not be affected by reason only of there being a vacancy in
the office of a Commissioner. 23.–(1) The Chairman shall, as soon as practicable after the
thirtieth day of June in each year, cause to be submitted to
the Controller and Auditor-General of the United Republic
the accounts and financial records of the Commission,
who shall then inspect and audit them and prepare a report
on those accounts, in pursuance of the provisions of the
Public Finance Act. (2) The Chairman shall, as soon as practicable after the
thirtieth day of June in each year, cause to be prepared and
submitted to the Minister a report in suitable form, containing-
(a) a summary of the activities of the Commission during
the year to which the report relates;
(b) an outline of law reform references or matters currently
under examination by the Commission;
(c) a copy of the audited accounts of the Commission for
the year to which the report relates;
Meetings of
Commission
Acts Nos. 2 of 2013 s. 7
7 of 2018 s. 33
11 of 2023 s. 50
Annual reports
Cap. 348

ion for
the year to which the report relates;
Meetings of
Commission
Acts Nos. 2 of 2013 s. 7
7 of 2018 s. 33
11 of 2023 s. 50
Annual reports
Cap. 348

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THE LAW REFORM COMMISSION OF TANZANIA ACT [CAP. 171 R.E. 2023]
(d) a copy of the auditor’s report on those accounts; and
(e) such other information as the Minister may direct to be
included in the report. (3) The Minister shall as soon as possible after receiving it,
lay the annual report of the Commission before the National
Assembly. 24. The records of the Commission shall be public records for
the purposes of the Records and Archives Management Act. 25. A person shall not use, disclose or publish any information
or document of the Commission without an approval of the
Commission. [s. 24A]
26.–(1) The Minister may make regulations prescribing all
matters which are required or permitted to be prescribed or
which are necessary or convenient to be prescribed or provided
for in order to facilitate or secure the effectual performance
of the functions of the Commission and to ensure the better
carrying out or giving effect to the objects and purposes of
this Act. (2) Regulations made under this section shall be published
in the Gazette. [s.

carrying out or giving effect to the objects and purposes of
this Act. (2) Regulations made under this section shall be published
in the Gazette. [s.

25]
Records of
Commission to be
public records
Cap. 309
Restriction for
disclosure or
publication
Act No. 2 of 2013 s. 8
Regulations

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