THE NATIONAL KISWAHILI COUNCIL ACT

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CHAPTER 52
THE NATIONAL KISWAHILI COUNCIL ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title .
2. Interpretation.
3. Establishment of Council.
4. Functions of Council.
5. Appointment of staff.
6. Funds of Council.
7. Investment.
8. Repealed.
9. Accounts and audit.
10. Execution of documents.
11. Regulations.
SCHEDULE

5. Appointment of staff.
6. Funds of Council.
7. Investment.
8. Repealed.
9. Accounts and audit.
10. Execution of documents.
11. Regulations.
SCHEDULE

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1. This Act may be cited as the National Kiswahili Council
Act.1
2. In this Act, unless the context otherwise requires-
“Council” means the National Kiswahili Council established
under section 3;
“financial year of the Council” means a year commencing
on the first day of July and ending on the next following
thirtieth day of June; and
“Minister” means the Minister responsible for matters
relating to the National Kiswahili Council. 3.–(1) There is hereby established a Council, which shall-
(a) be a body corporate by the name of the National
Kiswahili Council with perpetual succession and a seal;
(b) in its corporate name, be capable of suing and being
sued; and
(c) be capable of holding, purchasing and otherwise
acquiring and disposing of any property, movable
or immovable, for the purposes of carrying out the
functions conferred on the Council by this Act. 1 Act No. 7 of 1983 s.2
Short title
Act No. 7 of 1983 s. 2
Interpretation
Act No. 7 of 1983 s. 3
Establishment of
Council
Act No. 7 of 1983 s.

is Act. 1 Act No. 7 of 1983 s.2
Short title
Act No. 7 of 1983 s. 2
Interpretation
Act No. 7 of 1983 s. 3
Establishment of
Council
Act No. 7 of 1983 s.

4
CHAPTER 52
THE NATIONAL KISWAHILI COUNCIL ACT1
An Act to establish the National Kiswahili Council and to provide for
matters related to the Council. [11th August, 1967]
Acts Nos. 27 of 1967
1 of 1968
7 of 1983
4 of 2016

e National Kiswahili Council and to provide for
matters related to the Council. [11th August, 1967]
Acts Nos. 27 of 1967
1 of 1968
7 of 1983
4 of 2016

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THE NATIONAL KISWAHILI COUNCIL ACT [CAP. 52 R.E. 2023]
(2) The provisions of the Schedule to this Act shall have
effect with respect to the constitution and proceedings of the
Council. (3) The Minister may, by order published in the Gazette,
amend, add to, vary or revoke and replace any of the provisions
of the Schedule to this Act.

(3) The Minister may, by order published in the Gazette,
amend, add to, vary or revoke and replace any of the provisions
of the Schedule to this Act.

4.–(1) The functions of the Council shall be-
(a) to promote the development and usage of the Kiswahili
language throughout the United Republic;
(b) to co-operate with other bodies in the United Republic
which are concerned with the promotion of the
Kiswahili language and to co-ordinate their activities;
(c) to encourage the use of the Kiswahili language in the
conduct of official business and public life generally;
(d) to encourage the achievement of high standard in the
use of the Kiswahili language and to discourage its
misuse;
(e) to co-operate with the authorities concerned in
establishing standard Kiswahili translations of technical
terms;
(f) to publish a Kiswahili newspaper or magazine
concerned with the Kiswahili language and literature;
(g) to provide services to the Government, public
authorities and individual authors writing in Kiswahili
with respect to the Kiswahili language;
(h) in co-operation with any international organisation,
institute or such other like body of persons and
individuals, to follow up, advise and co-ordinate
activities aimed at promoting Kiswahili;
(i) in co-operation with any organisation or institute and
other various national organisations, to co-ordinate
research relating to Kiswahili within the United
Republic;
(j) on specific request of any writer or translator, to
be responsible for the inspection of new books or
Functions of
Council
Act No.

nited
Republic;
(j) on specific request of any writer or translator, to
be responsible for the inspection of new books or
Functions of
Council
Act No.

7 of 1983 s. 5

7 of 1983 s. 5

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662
manuscripts written or translated into Kiswahili and
certifying that, the language used is of a standard
acceptable by the Council;
(k) in co-operation with publishers, to assist writers to
write correct Kiswahili;
(l) to initiate Kiswahili writing competitions; and
(m) in co-operation with the Ministry of Education, to
approve Kiswahili textbooks written for educational
institutions before they are published. (2) For carrying out its functions, the Council shall
do all acts as appear to it to be requisite, advantageous or
convenient and may carry on any such activities either alone
or in association or in co-operation with any other person or
body. (3) For the avoidance of doubt, it is hereby declared that
the provisions of subsection (2) with respect to the powers of
the Council relate only to its capacity as a body corporate and
nothing in that subsection shall authorise the disregard by the
Council of any enactment or rule of law. 5.

ly to its capacity as a body corporate and
nothing in that subsection shall authorise the disregard by the
Council of any enactment or rule of law. 5.

The Council may, appoint on such terms and conditions as it
may think fit, such officers and staff as it may think necessary
for carrying out its functions under this Act. 6. The funds and resources of the Council shall consist of-
(a) such sums as may be provided by Parliament for the
purpose;
(b) any loan granted to the Council by the Government or
any other person with the approval of the Minister;
(c) any sums or property which may in any manner
become payable to or vested in the Council in respect
of any matter incidental to the carrying out of its
functions; or
(d) any sums or property which may be donated to the
Council:
Appointment of
staff
Funds of Council

ncidental to the carrying out of its
functions; or
(d) any sums or property which may be donated to the
Council:
Appointment of
staff
Funds of Council

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THE NATIONAL KISWAHILI COUNCIL ACT [CAP. 52 R.E. 2023]
Provided that, the Council shall not be obliged to accept a
donation for a particular purpose unless it approves the terms
and conditions attached to such donation. 7.–(1) The Council may, with the approval of the Minister,
and subject to such conditions as he may impose, invest such
part of its funds as are not for the time being required for the
purposes of its business. (2) The powers of the Minister under this section shall be
exercised with the concurrence of the Minister responsible for
finance and shall extend to the amount which may be invested
and the nature of the investment and the terms and conditions
thereof, and the Minister’s approval may be either general or
limited to a particular investment. 8. [Repealed by Act No. 7 of 1983 s. 6].

conditions
thereof, and the Minister’s approval may be either general or
limited to a particular investment. 8. [Repealed by Act No. 7 of 1983 s. 6].

9.–(1) The Council shall keep proper accounts and other
records in relation thereto and shall prepare in respect of each
financial year, a statement of accounts in a form approved
by the Minister, being a form, which conforms to the best
commercial standards. (2) The accounts of the Council shall be audited annually
by the Controller and Auditor-General within six months after
the end of each financial year. (3) As soon as the accounts of the Council for any financial
year have been audited, the Council shall send to the Minister-
(a) a copy of the statement of accounts prepared in respect
of that year together with a copy of any report made by
the auditors; and
(b) a report of the Chairman of the Board of Directors for
the preceding financial year. (4) The Minister shall, within a period of six months or such
longer period as the National Assembly may by resolution,
appoint after the end of the financial year to which the accounts
relate, lay a copy of every statement and auditor’s report before
the National Assembly. Investment
Repealed
Accounts and
audit
Acts Nos. 1 of 1968 Sch. 7 of 1983 s. 7

y of every statement and auditor’s report before
the National Assembly. Investment
Repealed
Accounts and
audit
Acts Nos. 1 of 1968 Sch. 7 of 1983 s. 7

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664
10.–(1) All deeds, instruments, contracts and other documents
shall be deemed to be duly executed by or on behalf of the
Council-
(a) where sealed with the seal of the Council and signed by-
(i) two members; or
(ii) a member and the Executive Secretary of the
Council;
(b) where executed in that behalf by one member of the
Council and a member of the staff of the Council
both of whom being appointed by the Council for that
purpose. (2) A deed, instrument, contract or other document
executed in accordance with subsection (1) shall, subject to
any exception that may be taken thereto on any ground other
than that of the competence of the party executing the same on
behalf of the Council, be effectual in law to bind the Council
and its successor and may be varied or discharged in like
manner as that in which it was executed. 11.

ouncil, be effectual in law to bind the Council
and its successor and may be varied or discharged in like
manner as that in which it was executed. 11.

The Minister may make regulations in respect of any matter
which under this Act is required or permitted to be prescribed
or is necessary or convenient for better carrying out or giving
effect to this Act. SCHEDULE
(Made under section 3(2))
CONSTITUTION AND PROCEEDINGS OF THE COUNCIL
1.–(1) The Council shall consist of twenty-one members all of whom
shall be appointed by the Minister. (2) The following departments and bodies shall nominate for
appointment to the Council the number of persons set out in the table
hereunder:
(a) Regional Administration and Local Government and First
Vice President (Local Government) ....................................... 3
(b) Ministry of Education Sciences and Technologies ............... 3
Execution of
documents
Act No. 7 of 1983 s. 8
Regulations
Act. No. 4 of 2016 s. 45
Act No. 7 of 1983 s.9
Constitution

d Technologies ............... 3
Execution of
documents
Act No. 7 of 1983 s. 8
Regulations
Act. No. 4 of 2016 s. 45
Act No. 7 of 1983 s.9
Constitution

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THE NATIONAL KISWAHILI COUNCIL ACT [CAP. 52 R.E. 2023]
(c) Ministry of Culture, Arts and Sports....................................... 1
(d) Public Service Commission ..................................................... 1
(e) The Institute of Kiswahili Research ........................................ 2
(f) The Office of the Attorney General ........................................ 2
(g) Ministry of Education and Culture (Zanzibar) .................... 5
(3) A member of the Council shall, unless his appointment is
sooner terminated by the Minister or he otherwise ceases to be a
member, hold office for such period as the Minister may specify in
his appointment or, where no such period is specified, for a period of
three years from the date of his appointment, and shall be eligible for
re-appointment.

intment or, where no such period is specified, for a period of
three years from the date of his appointment, and shall be eligible for
re-appointment.

(4) A member of the Council may at any time resign by giving notice
in writing to the Minister and from the date specified in the notice or,
where no date is specified, from the date of the receipt by the Minister
of the notice, he shall cease to be a member of the Council. (5) Where any member of the Council is without the permission of
the Council absent from more than four consecutive meetings of the
Council or without such permission is absent from the United Republic
for a period exceeding one year, he shall cease to be a member of the
Council. 2. Where any member of the Council ceases to be a member before the
normal expiration of his term of office, the Minister after consulting the
Council may appoint another person in his stead to hold office until
such first-named person’s term of office would have expired had he not
ceased to be a member as aforesaid. 3. The Council shall elect from amongst its members a Chairman and
a Vice-Chairman who shall hold office for one year but shall be eligible
for re-election. 4.–(1) The Council shall meet at such times as may be necessary or
expedient for the transaction.

for one year but shall be eligible
for re-election. 4.–(1) The Council shall meet at such times as may be necessary or
expedient for the transaction.

(2) At any meeting of the Council, eleven members thereof shall
constitute a quorum. (3) At any meeting of the Council, the Chairman shall preside or, in
the absence of the Chairman, the Vice-Chairman shall preside or if the
Vice-Chairman is also absent, the members present at the meeting shall
elect one of their number to be Chairman for that meeting. (4) In the event of an equality of votes, the Chairman of the meeting
shall have a casting vote in addition to his deliberative vote. (5) Minutes in proper form of each meeting of the Council shall
be kept and shall be confirmed by the council at the next meeting and
signed by the Chairman of that meeting. Casual vacancies
Chairman and
Vice Chairman
Quorum and
Procedure

firmed by the council at the next meeting and
signed by the Chairman of that meeting. Casual vacancies
Chairman and
Vice Chairman
Quorum and
Procedure

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666
5. [Repealed by Act No. 7 of 1983 s. 9].
6. Subject to the provisions of paragraph 4 relating to a quorum, the
Council may act notwithstanding any vacancy in the membership
thereof and no act or proceeding of the Council shall be invalid by
reason only of some defect in the appointment of a person who purports
to be member thereof.
7. The members of the Council shall be paid out of the funds thereof
such expenses as the Minister may determine.
Repeal
Vacancies, etc,
not to invalidate
proceedings
Remuneration
and
expenses