The National Prosecutions Service Act

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CHAPTER 430
THE NATIONAL PROSECUTIONS SERVICE ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
part ii
THE NATIONAL PROSECUTIONS SERVICE
(a) The Service
4. National Prosecutions Service.
5. Appointment of staff.
6. Power to issue orders, practices notes and other instruments.
7. Power to promulgate Code of Professional Conduct and Etiquettes.
8. Guiding principles.
(b) Control of Criminal Proceedings
9. Powers and functions of National Prosecutions Service.
10. Compounding of offences.
11. Appeals, revision and applications.
12. Assistance in criminal matters.
(c) Related Functions
13. Payment and forfeiture to Government.
14. Assistance to officers of other jurisdictions.
15. Inquests.
16. Related functions.
(d) Coordination of Investigation
17. Powers of Director of Public Prosecutions.
18. Director of Public Prosecutions may require information.
19. Director of Public Prosecutions may issue orders, guidelines, instructions.

ecutions.
18. Director of Public Prosecutions may require information.
19. Director of Public Prosecutions may issue orders, guidelines, instructions.

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54
part iii
TENURE, REMOVAL AND RETIREMENT OF THE DIRECTOR
OF PUBLIC PROSECUTIONS
20. Tenure of office of Director of Public Prosecutions.
21. Retirement from office.
22. Resignation.
part iv
ADMINISTRATIVE PROVISIONS
23. Power to appoint public prosecutors.
24. Delegation of powers.
25. Coordination of investigation of crimes.
26. Sources of funds.
27. Annual estimates.
28. Annual performance report.
29. Books of accounts.
part v
GENERAL PROVISIONS
30. Judicial notice.
31. National Criminal Justice Forum.
32. National Criminal Justice Ministerial Committee.
33. Regional Criminal Justice Forum.
34. District Criminal Justice Forum.
35. Powers to make regulations.
36. Transitional and savings.
part vi
CONSEQUENTIAL AMENDMENTS
37–63. Omitted.

m.
34. District Criminal Justice Forum.
35. Powers to make regulations.
36. Transitional and savings.
part vi
CONSEQUENTIAL AMENDMENTS
37–63. Omitted.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the National Prosecutions
Service Act. 2. This Act shall apply to in relation to all criminal prosecutions
and the coordination of investigation of crimes in Mainland
Tanzania. 3. In this Act, unless the context otherwise requires-
“Attorney General” means the Attorney General appointed
under Article 59 of the Constitution;
“Constitution” means the Constitution of the United
Republic of Tanzania, 1977;
“Deputy Director of Public Prosecutions” means the Deputy
Director of Public Prosecutions appointed pursuant to
the provisions of this Act;
Short title
Application
Interpretation
Act No. 7 of 2018 ss. 50, 51
Cap. 2
CHAPTER 430
THE NATIONAL PROSECUTIONS SERVICE ACT
An Act to make provisions for the establishment of the National Prosecutions
Service, to provide for the organisation, management, monitoring,
supervision of prosecution and coordination of investigation with a view
to promoting and enhancing dispensation of criminal justice, and to
provide for related matters. [6th June, 2008]
[GN. No.

f investigation with a view
to promoting and enhancing dispensation of criminal justice, and to
provide for related matters. [6th June, 2008]
[GN. No.

74 of 2008]
Acts Nos. 1 of 2008
3 of 2009
6 of 2012
7 of 2018
11 of 2019
1 of 2022
11 of 2023

74 of 2008]
Acts Nos. 1 of 2008
3 of 2009
6 of 2012
7 of 2018
11 of 2019
1 of 2022
11 of 2023

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56
“Director of Public Prosecutions” means the Director of
Public Prosecutions appointed pursuant to sub-article (1)
of Article 59B of the Constitution;
“District Prosecution Officer” means the Law Officer
appointed to be in-charge of prosecution matters in a
district;
“Law Officer” has the meaning ascribed to it under the
Interpretation of Laws Act;
“Minister” means the Minister responsible for legal affairs;
“public prosecutor” means a person appointed in accordance
with this Act to conduct prosecution of a criminal case in
the court of law;
“Regional Prosecutions Officer” means the Law Officer
appointed to be in-charge of prosecution matters in a
region;
“Service” means the National Prosecutions Service; and
“State Attorney” means a person appointed under section
5 or designated as such to perform functions under
this Act.

ational Prosecutions Service; and
“State Attorney” means a person appointed under section
5 or designated as such to perform functions under
this Act.

PART II
THE NATIONAL PROSECUTIONS SERVICE
(a) The Service
4.–(1) There shall continue to be established an independent
and autonomous Service to be known as the National
Prosecutions Service. (2) The Service shall be headed by the Director of Public
Prosecutions appointed by the President in accordance with
Article 59B of the Constitution. (3) There shall be the Deputy Director of Public Prosecutions
who shall be appointed by the President from amongst persons
with qualifications to be appointed as Judge of the High Court
of Tanzania. Cap. 1
National
Prosecutions
Service
Act No. 7 of 2018 s. 52

ongst persons
with qualifications to be appointed as Judge of the High Court
of Tanzania. Cap. 1
National
Prosecutions
Service
Act No. 7 of 2018 s. 52

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THE NATIONAL PROSECUTIONS SERVICE ACT [CAP. 430 R.E. 2023]
(4) The Deputy Director of Public Prosecutions shall be
the accounting officer of the Service and shall be the principal
assistant to the Director of Public Prosecutions. (5) The Director of Public Prosecutions may establish a
specialized unit to deal with a designated area and appoint an
in-charge for such unit. (6) The functions and powers of the Director of Public
Prosecutions may be performed or exercised by the Deputy
Director of Public Prosecutions, Regional Prosecution Officers,
District Prosecution Officers, Law Officer, State Attorney or
such other public officer designated as such by the Director of
Public Prosecutions. (7) For the purposes of subsection (6), the Director of
Public Prosecutions may by instrument appoint or designate
any Law Officer, State Attorney or any other public officer to
perform the functions or exercise powers of the Director of
Public Prosecutions.

ignate
any Law Officer, State Attorney or any other public officer to
perform the functions or exercise powers of the Director of
Public Prosecutions.

(8) Without prejudice to subsection (7), any person who
was a Law Officer, State Attorney or a Legal Officer appointed
or designated to perform the functions or exercise powers of
the Director of Public Prosecutions shall be deemed to have
been appointed or designated as such. (9) The Director of Public Prosecutions, the Deputy Director
of Public Prosecutions and any officer appointed to exercise
the functions of the Service under this Act or any other written
law shall have a locus standi in courts of law for and on behalf
of the Director of Public Prosecutions. 5.–(1) The Director of Public Prosecutions shall appoint
in the National Prosecutions Service and at every Regional
and District offices of the Service such number of Law
Officers, State Attorneys and other public officers as may
be necessary for proper and effective performance of the
functions and exercise of powers of the Director of Public
Prosecutions. Appointment of
staff
Acts Nos. 7 of 2018 s. 52;
1 of 2022 s. 37

rmance of the
functions and exercise of powers of the Director of Public
Prosecutions. Appointment of
staff
Acts Nos. 7 of 2018 s. 52;
1 of 2022 s. 37

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58
(2) The Deputy Director of Public Prosecutions shall be-
(a) responsible for recruitment of all employees of the
Service in accordance with laws governing public
service;
(b) the accounting officer and responsible for managing
day to day affairs within the Service;
(c) the disciplinary authority of employees of the Service
in accordance with the terms of this Act and laws
governing public service. (3) The Director of Public Prosecutions shall appoint
for each Region and District a Law Officer to be in-charge
of prosecution matters in the Region or District as the case
may be and the person so appointed shall bear the title of
Regional Prosecution Officer and District Prosecution Officer
respectively. (4) The Director of Public Prosecutions may, for better
performance of his functions and where circumstances so
require, establish zones or offices, as the case may be, regardless
of geographical boundaries.

erformance of his functions and where circumstances so
require, establish zones or offices, as the case may be, regardless
of geographical boundaries.

6.–(1) The Director of Public Prosecutions may, for purposes
of better management and organisation of the Service,
issue General or Standing Orders, Practice Notes and other
instruments as he may deem fit. (2) A staff in the Service who fails to comply with the
Standing Orders, Practices Notes and other instruments issued
under subsection (1), commits a misconduct to be dealt with
by the Deputy Director of Public Prosecutions. 7.–(1) The Director of Public Prosecutions shall prescribe
the Code of Professional Conduct and Etiquettes for Public
Prosecutors. (2) A public prosecutor who breaches the Code of
Professional Conduct and Etiquettes for Public Prosecutors
commits a professional misconduct and shall be liable to
disciplinary actions through the Deputy Director of Public
Prosecutions in accordance with the Public Service Regulations. Power to issue
orders, practices
notes and other
instruments
Act No. 7 of 2018 s. 52
Power to
promulgate Code
of Professional
Conduct and
Etiquettes
Act No. 7 of 2018 s. 52
GN. No. 168 of 2003

other
instruments
Act No. 7 of 2018 s. 52
Power to
promulgate Code
of Professional
Conduct and
Etiquettes
Act No. 7 of 2018 s. 52
GN. No. 168 of 2003

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THE NATIONAL PROSECUTIONS SERVICE ACT [CAP. 430 R.E. 2023]
8. In the exercise of powers and performance of his functions,
the Director of Public Prosecutions shall observe the following
principles:
(a) the need to do justice;
(b) the need to prevent abuse of legal process;
(c) the public interest; and
(d) control of criminal proceedings.

nciples:
(a) the need to do justice;
(b) the need to prevent abuse of legal process;
(c) the public interest; and
(d) control of criminal proceedings.

(b) Control of Criminal Proceedings
9.–(1) Notwithstanding the provisions of any other written
law, the powers and functions of the National Prosecutions
Service shall be to-
(a) decide to prosecute or not to prosecute in relation to
any offence;
(b) take and conduct criminal cases on behalf of the
sovereign of the United Republic, the Central
Government, independent departments, executive
agencies and the local government;
(c) coordinate and supervise criminal investigation and
conduct of criminal prosecution in courts of law other
than court martial;
(d) intervene and take over at any stage of criminal
proceedings, appeal, execution or any incidental
proceedings before any court of law to which the
Central Government, independent department, agency
or a local government has interest;
(e) discontinue at any stage before judgment is delivered
any criminal proceeding brought to the court by
another person or authority;
(f) issue directives to any public officer performing
functions relating to conduct of criminal prosecution
in courts of law;
(g) direct the police and other investigative organs to
investigate any information of a criminal nature and to
report expeditiously;
Guiding
principles
Act No.

the police and other investigative organs to
investigate any information of a criminal nature and to
report expeditiously;
Guiding
principles
Act No.

7 of 2018 s. 50
Powers and
functions
of National
Prosecutions
Service
Acts Nos. 7 of 2018 ss. 50, 53;
11 of 2019 s. 26

7 of 2018 s. 50
Powers and
functions
of National
Prosecutions
Service
Acts Nos. 7 of 2018 ss. 50, 53;
11 of 2019 s. 26

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60
(h) appoint or employ and discipline Law Officers, State
Attorneys and other staff of the National Prosecutions
Service;
(i) carry out the general supervision of Law Officers,
State Attorneys and other officers or staff appointed or
employed in the National Prosecutions Service;
(j) administer legal functions performed by Law Officers,
State Attorneys and other officer or staff of the National
Prosecutions Service; and
(k) summon any public officer to give explanation, or
information regarding any matter which is or likely to
be the subject of criminal prosecution. (2) The functions referred to in subsection (1) shall
include institution and conducting of summary proceedings,
committal proceedings or a preliminary hearing under the
Criminal Procedure Act, the Magistrates’ Courts Act or any
other law relating to criminal proceedings.

proceedings or a preliminary hearing under the
Criminal Procedure Act, the Magistrates’ Courts Act or any
other law relating to criminal proceedings.

(3) Nothing in this section shall prevent the Director of
Public Prosecutions to take over and continue proceedings
in the name of the person or authority that instituted those
proceedings. (4) The Police Officer or the Officer of any other investigative
organ in-charge of any area or authority to be specified by the
Director of Public Prosecutions shall, in respect of offences
alleged to have been committed within that area, report to the
Director of Public Prosecutions any-
(a) offence punishable with death;
(b) offence in respect of which a prosecution is by law
required to be instituted with the consent of the
Director of Public Prosecutions;
(c) case in which a request for information is made by the
Director of Public Prosecutions;
(d) case in which it appears to such Police Officer or the
officer of any other investigative organ that the advice
or assistance of the Director of Public Prosecutions is
desirable; or
Caps. 20 and 11

or the
officer of any other investigative organ that the advice
or assistance of the Director of Public Prosecutions is
desirable; or
Caps. 20 and 11

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THE NATIONAL PROSECUTIONS SERVICE ACT [CAP. 430 R.E. 2023]
(e) other offence specified by the Director of Public
Prosecutions to be an offence in respect of which a
report under this section is necessary. (5) The term “area” or “authority” as used in subsection
(4) means and includes a geographical jurisdiction of a police
post, station, district, region or zone, a corresponding office of
any other investigative organ or a person to whom a command
or a directive may be issued as the case may be. (6) The Director of Public Prosecutions shall establish
and maintain a system whereby the process of seeking and
obtaining his consent for prosecutions, may be expedited. (7) The Deputy Director of Public Prosecutions, Heads of
Divisions within the Service, Regional Prosecution Officers
or District Prosecution Officers, shall, subject to regulations
prescribed under subsection (8), have powers to consent for
prosecution of offences which require consent of the Director
of Public Prosecutions.

ions
prescribed under subsection (8), have powers to consent for
prosecution of offences which require consent of the Director
of Public Prosecutions.

(8) The Minister may make regulations prescribing for
offences, value of offence or any other matters the consent of
which may be issued by officers specified under subsection (7). 10.–(1) Notwithstanding the provisions of any other written
law relating to compounding of offences with the consent of
the offender, the Director of Public Prosecutions shall have
powers to compound-
(a) any offence which by law an authorised officer is
allowed to compound; or
(b) any offence the punishment of which is a fine. (2) All agencies and authorities allowed to compound
offences by any written law shall submit monthly reports to
the Director of Public Prosecutions. (3) The Minister may, by regulations, prescribe the
procedures for better carrying into effect of the provisions of
this section. [s. 9A]
Compounding of
offences
Act No. 11 of 2019 s. 27

, prescribe the
procedures for better carrying into effect of the provisions of
this section. [s. 9A]
Compounding of
offences
Act No. 11 of 2019 s. 27

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62
11.–(1) Notwithstanding the provisions of any law relating to
appeals, revisions or application, it shall be the function of the
Director of Public Prosecutions to-
(a) institute, conduct and defend criminal proceedings in
courts of law; and
(b) take over an appeal, revision or application arising
from private prosecution, whether as appellant,
applicant or respondent and where the Director of
Public Prosecutions takes over the appeal as appellant
or applicant, he may continue or otherwise withdraw
the appeal. (2) Where the Director of Public Prosecutions takes over an
appeal, revision or application pursuant to subsection (1)(b)
and subsequently decides to withdraw the appeal, revision or
application, he shall give reasons for the decision and inform
the appellant or applicant. (3) For avoidance of doubt, the functions specified in this
section may also be performed by a State Attorney or a public
prosecutor in accordance with the provisions of this Act. [s. 10]
12.

specified in this
section may also be performed by a State Attorney or a public
prosecutor in accordance with the provisions of this Act. [s. 10]
12.

The Service, in accordance with the provisions of the
Extradition Act, the Mutual Assistance in Criminal Matters
Act, the Proceeds of Crimes Act, and any other written law
shall take the necessary steps to-
(a) secure extradition of any person required to answer a
charge of an offence;
(b) facilitate mutual assistance in criminal matters;
(c) perform any other function related to facilitation of
prosecution or any other criminal matter. [s. 11]
Appeals, revision
and applications
Act No. 7 of 2018 s. 50
Assistance in
criminal matters
Caps. 368, 254
and 256

or any other criminal matter. [s. 11]
Appeals, revision
and applications
Act No. 7 of 2018 s. 50
Assistance in
criminal matters
Caps. 368, 254
and 256

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THE NATIONAL PROSECUTIONS SERVICE ACT [CAP. 430 R.E. 2023]
(c) Related Functions
13. Where the Service conducts proceedings under any other
law in force and as a result of the proceedings a person becomes
liable to pay an amount to the Government or property is
forfeited to the Government under a court order, the Director
of Public Prosecutions shall take any further proceedings or
step that may be required to recover the amount or enforce the
forfeiture or order. [s. 12]
14.–(1) It shall be the function of the Service to provide
assistance in Mainland Tanzania in respect of a corresponding
function of a corresponding public officer from other
governments provided that the applicable laws or procedures
are complied with. (2) In subsection (1) of this section-
“corresponding function” means a function similar to a
function of the Director of Public Prosecutions; and
“corresponding public officer” means a public officer having
corresponding functions in another jurisdiction. [s. 13]
15.

of Public Prosecutions; and
“corresponding public officer” means a public officer having
corresponding functions in another jurisdiction. [s. 13]
15.

The Director of Public Prosecutions may participate in
proceedings under the Inquest Act, where he is of the opinion
that such participation is relevant to the function of the Service
and is justified by the circumstances of the case. [s. 14]
16. It shall be a function of the Service to-
(a) institute, intervene and conduct proceedings that are
connected with or arising out of a function of the
Service; or
(b) do anything that is incidental or necessary to the
performance of the functions of the Service. [s. 15]
Payment and
forfeiture to
Government
Act No. 7 of 2018 s. 50
Assistance to
officers of other
jurisdictions
Act No. 7 of 2018 s. 50
Inquests
Act No. 7 of 2018 s. 50
Cap. 24
Related functions

t No. 7 of 2018 s. 50
Assistance to
officers of other
jurisdictions
Act No. 7 of 2018 s. 50
Inquests
Act No. 7 of 2018 s. 50
Cap. 24
Related functions

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64
(d) Coordination of Investigation
17.–(1) Notwithstanding the provisions of any other law in
force the Director of Public Prosecutions shall have powers
to do all things that are necessary to be done for the purpose
of performing the functions of the Service including the
coordination of criminal investigations. (2) In the exercise of powers, the Director of Public
Prosecutions may require any authority mandated with
investigative functions to investigate any criminal allegations
that have come to the Director of Public Prosecution’s
knowledge and furnish him with a report on the result of such
investigations and that the Director of Public Prosecutions
shall have power to order that investigation be conducted by
an investigative organ named in the order. (3) Without prejudice to other provisions of this Act
or any other law, the Director of Public Prosecutions may
order that a State Attorney coordinate an investigation of a
crime and every investigating officer shall comply with that
order.

blic Prosecutions may
order that a State Attorney coordinate an investigation of a
crime and every investigating officer shall comply with that
order.

(4) The Director of Public Prosecutions shall regularly visit
places where inmates are kept such as prisons, police cells and
remand homes for purposes connected to the administration
of criminal justice. [s. 16]
18.–(1) Without prejudice to the provisions of any other
law, the Director of Public Prosecutions may, in accordance
with subsection (2), issue a directive in writing to any official
as defined in subsection (5) of this section, for the purposes
of obtaining information relevant to the investigation or
prosecution of an offence. Powers of
Director of Public
Prosecutions
Act No. 7 of 2018 s. 50
Director of Public
Prosecutions
may require
information
Act No. 7 of 2018 s. 50

nce. Powers of
Director of Public
Prosecutions
Act No. 7 of 2018 s. 50
Director of Public
Prosecutions
may require
information
Act No. 7 of 2018 s. 50

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.65
THE NATIONAL PROSECUTIONS SERVICE ACT [CAP. 430 R.E. 2023]
(2) Where the Director of Public Prosecutions has instituted
or taken over, or is considering whether to bring or take over
a prosecution, appeal, revision or any other proceedings in
relation to an offence or suspected offence, a directive may be
issued for-
(a) any specified information, document, material or
any other relevant information to be furnished to the
Director of Public Prosecutions; or
(b) the provision of assistance, including the carrying out
of an investigation or further investigation of a matter,
in relation to the offence or suspected offence. (3) An official to whom a directive is issued under this
section shall comply with it and always keep the Director
of Public Prosecutions informed of the progress made in
complying with the directive.

r this
section shall comply with it and always keep the Director
of Public Prosecutions informed of the progress made in
complying with the directive.

(4) An official who wilfully refuses or neglects to comply
with the directives issued under this section commits an
offence and the Director of Public Prosecutions may cause
disciplinary measures to be taken against such official by his
employer. (5) Notwithstanding subsection (4), where the offence has
caused or is capable of causing infringement of basic human
rights to any person or loss to the Government, the official
shall be liable on conviction to a fine not exceeding one million
shillings or to imprisonment for a term not exceeding twelve
months or to both. (6) For the purpose of this section-
“document” includes date recorded or store mechanically,
photographically or electronically and any tape, disc
or other device or medium on which it is recorded or
stored;
“official” means-
(a) a member of the Police Force, Prisons Service or the
Prevention and Combating of Corruption Bureau, or
a public officer employed in any other department or
agency of the Government; or

ons Service or the
Prevention and Combating of Corruption Bureau, or
a public officer employed in any other department or
agency of the Government; or

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66
(b) a person employed by an authority or corporation
established under any law and authorised by or under
the law to investigate or to make a complaint in relation
to an offence against any law in force. [s. 17]
19.–(1) The Director of Public Prosecutions may, subject to the
provisions of this Act, issue orders, guidelines or instructions
for observance to all officers in the Service and all officials
referred to in section 17(1) of this Act in the execution of their
functions. (2) The Director of Public Prosecutions may issue directions
in writing to an official referred to in section 17(1) of this Act
to the effect that-
(a) a prosecution for a specified offence or class of offences
shall not be brought by that official; and
(b) all matters relating to any such offence shall be referred
to the Director of Public Prosecutions and any directives
so issued shall be complied with.

all matters relating to any such offence shall be referred
to the Director of Public Prosecutions and any directives
so issued shall be complied with.

(3) Notwithstanding the provision of subsection (2), the
Director of Public Prosecutions may direct that proceedings be
brought in respect of an offence referred to in that subsection. (4) The orders, guidelines and instructions issued under
this section may be published in the Gazette. [s. 18]
PART III
TENURE, REMOVAL AND RETIREMENT OF
THE DIRECTOR OF PUBLIC PROSECUTIONS
20.–(1) The Director of Public Prosecutions shall have terms
and conditions of service as those of a High Court judge. (2) A person shall not be qualified to be appointed the
Director of Public Prosecutions unless that person is qualified
to be appointed a judge of the High Court. Director of Public
Prosecutions
may issue orders,
guidelines,
instructions
Acts Nos. 6 of 2012 s. 4
7 of 2018 s. 50
Tenure of office of
Director of Public
Prosecutions
Act No. 7 of 2018 s. 50
and 54

,
guidelines,
instructions
Acts Nos. 6 of 2012 s. 4
7 of 2018 s. 50
Tenure of office of
Director of Public
Prosecutions
Act No. 7 of 2018 s. 50
and 54

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THE NATIONAL PROSECUTIONS SERVICE ACT [CAP. 430 R.E. 2023]
(3) The Director of Public Prosecutions shall not be removed
from office except for and on the reason of-
(a) inability to perform his functions for reasons of illness
or any other reason; or
(b) a conduct inconsistent with the Code of Professional
Conduct and Etiquettes for Public Prosecutors. (4) Where the President considers that the question or
removal of the Director of Public Prosecutions from office
needs to be investigated, then the President shall appoint a
Special Tribunal. (5) The Tribunal shall consist of a Chairman and two other
persons nominated from amongst persons who hold or have
held the office of or could have qualified to be appointed a
judge of a High Court or a Court of Appeal. (6) The Tribunal shall investigate the matter and recommend
to the President on whether the Director of Public Prosecutions
be removed or not.

Appeal. (6) The Tribunal shall investigate the matter and recommend
to the President on whether the Director of Public Prosecutions
be removed or not.

(7) Where the Tribunal recommends for the removal of
the Director of Public Prosecutions, then the President shall
remove the Director of Public Prosecutions. (8) In carrying out its functions, the Tribunal shall have
regard to the rules on natural justice, constitutional safeguards
and the need to uphold the integrity of the public service. [s. 19]
21. The Director of Public Prosecutions shall retire from
office upon attaining the age of compulsory retirement with
retirement benefits which are similar to those of a judge of the
High Court. [s. 20]
22. The Director of Public Prosecutions may resign from
office by tendering a letter of resignation signed by him to the
President. [s. 21]
Retirement from
office
Act No. 7 of 2018 s. 50
Resignation
Act No. 7 of 2018 s. 50

ing a letter of resignation signed by him to the
President. [s. 21]
Retirement from
office
Act No. 7 of 2018 s. 50
Resignation
Act No. 7 of 2018 s. 50

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68
PART IV
ADMINISTRATIVE PROVISIONS
23.–(1) The Director of Public Prosecutions may, by notice in
the Gazette, appoint a person to be a public prosecutor from
other departments of the Government, local government
authorities, private practice or any legal officer to prosecute
any case on the Director of Public Prosecutions’ behalf. (2) A person appointed as public prosecutor shall be
required to comply with directives, instructions and guidelines
issued by the Director of Public Prosecutions. (3) Every public prosecutor shall be under the
superintendence and control of the Director of Public
Prosecutions, Law Officer or a State Attorney in charge of the
zone, region, district or any other geographical division within
which any such public prosecutor is situated in respect of all
prosecution matters and shall be required to submit periodic
returns to the Director of Public Prosecutions, Law Officer or
respective State Attorney. [s.

ecution matters and shall be required to submit periodic
returns to the Director of Public Prosecutions, Law Officer or
respective State Attorney. [s.

22]
24.–(1) The Director of Public Prosecutions may by instrument
delegate to a member of the Service, Law Officer, State Attorney
or a public prosecutor any of the Director of Public Prosecutions’
powers and functions other than his power of delegation. (2) Any power or function delegated under this section,
when exercised or performed by a delegate, shall be deemed
to have been exercised or performed by the Director of Public
Prosecutions. (3) A delegation under this section shall not prevent the
exercise of such power or performance of such function by the
Director of Public Prosecutions. [s. 23]
25.–(1) The Director of Public Prosecutions shall coordinate
the investigation of crimes. Power to
appoint public
prosecutors
Acts Nos. 3 of 2009 s. 33
6 of 2012 s. 5
7 of 2018 s. 50
Delegation of
powers
Acts Nos. 7 of 2018 s. 50
11 of 2023 s. 57
Coordination of
investigation of
crimes
Act No. 7 of 2018 s. 50

2 s. 5
7 of 2018 s. 50
Delegation of
powers
Acts Nos. 7 of 2018 s. 50
11 of 2023 s. 57
Coordination of
investigation of
crimes
Act No. 7 of 2018 s. 50

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.69
THE NATIONAL PROSECUTIONS SERVICE ACT [CAP. 430 R.E. 2023]
(2) The Director of Public Prosecutions in consultation with
the investigative organs shall develop guidelines to facilitate the
effective participation of the Director of Public Prosecutions
in the investigative process. [s. 24]
26. The funds of the Service shall consist of-
(a) any sums that may be appropriated by the Parliament;
(b) any moneys by way of donations or grants made within
and outside the United Republic; and
(c) such sums of money or assets which may vest in or
accrue to the Service from other sources by way of fees,
grants or in any other way under this Act or any other
written law. [s. 25]
27.–(1) The Service shall, before the commencement of the
financial year, cause to be prepared, estimates of the revenue
and expenditure for the year. (2) The annual estimates shall be submitted to the Minister
who shall cause the same to be laid before the National Assembly
within three months from the date of their submission to him. [s.

ted to the Minister
who shall cause the same to be laid before the National Assembly
within three months from the date of their submission to him. [s.

25A]
28.–(1) The Service shall submit bi-annual performance
reports in respect of the financial year to the Minister and a
copy to the Attorney General. (2) The performance of the Service shall be audited by the
Controller and Auditor General. [s. 25B]
29.–(1) The Service shall keep proper books of accounts. (2) Within three months from the end of each financial
year, the Service shall submit to the Controller and Auditor
General accounts of the Service together with-
(a) a statement of financial activities and income and
expenditure during that financial year; and
Sources of funds
Act No. 7 of 2018 s. 55
Annual estimates
Act No. 7 of 2018 s. 56
Annual
performance
report
Act No. 7 of 2018 s. 56
Books of accounts
Act No. 7 of 2018 s. 56

. 7 of 2018 s. 55
Annual estimates
Act No. 7 of 2018 s. 56
Annual
performance
report
Act No. 7 of 2018 s. 56
Books of accounts
Act No. 7 of 2018 s. 56

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70
(b) a statement of assets and liabilities of the Service
existing at the end of such financial year. (3) The accounts of the Service shall be audited by the
Controller and Auditor General. [s. 25C]
PART V
GENERAL PROVISIONS
30. All persons acting in judicial capacity shall be required to
take judicial notice of-
(a) the official signature of a person who is or has been the
Director of Public Prosecutions or a person acting or
has acted on that behalf on any document tendered
before the court; and
(b) the fact that a person is or was the Director of Public
Prosecutions, or act or acted on that behalf as the case
may be. [s. 26]
31.–(1) There is established a National Criminal Justice Forum
whose role shall be to-
(a) undertake strategic analysis relevant in the criminal
justice system; and
(b) address challenges and complaints facing the criminal
justice system.

a) undertake strategic analysis relevant in the criminal
justice system; and
(b) address challenges and complaints facing the criminal
justice system.

(2) The Forum shall consist of the following members-
(a) the Director of Public Prosecutions who shall be the
Chairman;
(b) the Inspector General of Police;
(c) the Chief Registrar of the Judiciary of Tanzania;
(d) the Director General of Tanzania Intelligence and
Security Service;
(e) the Director General of the Prevention and Combating
of Corruption Bureau;
(f) the Commissioner General of Immigration;
Judicial notice
Act No. 7 of 2018 s. 50
National Criminal
Justice Forum
Act No. 7 of 2018 s. 57

n Bureau;
(f) the Commissioner General of Immigration;
Judicial notice
Act No. 7 of 2018 s. 50
National Criminal
Justice Forum
Act No. 7 of 2018 s. 57

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.71
THE NATIONAL PROSECUTIONS SERVICE ACT [CAP. 430 R.E. 2023]
(g) the Commissioner General of Prisons;
(h) the Commissioner General of the Drug Control and
Enforcement Authority;
(i) the Commissioner of Social Welfare;
(j) the Chief Government Chemist;
(k) the Chairman of the National Parole Board;
(l) the Director of Community Service;
(m) the Director responsible for legal services in the
Ministry responsible for local governments;
(n) the Director responsible for justice monitoring in the
Ministry responsible for legal affairs; and
(o) the Director of Criminal Investigation who shall be the
Secretary. (3) The Forum may co-opt any other person as it deems
necessary. (4) The Forum shall meet at least twice a year but may meet
at any time if there is any issue to discuss for the purpose of
improving the administration of criminal justice. (5) The quorum at any meeting of the Forum shall be half
of the members. (6) The Forum may regulate its own proceedings.

stration of criminal justice. (5) The quorum at any meeting of the Forum shall be half
of the members. (6) The Forum may regulate its own proceedings.

(7) The Forum shall prepare and submit a report of its
deliberations to the Permanent Secretary of the Ministry
responsible for legal affairs who shall advise the Minister
and cause the same to be submitted to the National Criminal
Justice Ministerial Committee. (8) The National Criminal Justice Forum may-
(a) share experience with the criminal justice system
in Tanzania Zanzibar and elsewhere and adopt best
practices for implementation as it deems fit;
(b) issue guidelines or memorandum of understanding for
use by the criminal justice actors in their operations;
and
(c) regulate its own proceedings. [s. 27]

ue guidelines or memorandum of understanding for
use by the criminal justice actors in their operations;
and
(c) regulate its own proceedings. [s. 27]

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE NATIONAL PROSECUTIONS SERVICE ACT [CAP. 430 R.E. 2023]
72
32.–(1) For purposes of section 27, there shall be the National
Criminal Justice Ministerial Committee. (2) The Committee shall consist of the following members-
(a) the Minister who shall be the Chairman of the
Committee;
(b) the Minister responsible for home affairs;
(c) the Minister responsible for good governance;
(d) the Minister responsible for local governments;
(e) the Minister responsible for social welfare;
(f) the Minister responsible for finance;
(g) the Minister responsible for drug control and
enforcement; and
(h) the Attorney General. (3) The National Criminal Justice Ministerial Committee
shall consider and deliberate on policy issues relating to
administration of criminal justice as recommended to it by the
National Criminal Justice Forum and may advise on how any
of such issues shall be dealt with at sectoral or national level. (4) The Permanent Secretary of the Ministry responsible for
legal affairs shall be Secretary to the Committee.

alt with at sectoral or national level. (4) The Permanent Secretary of the Ministry responsible for
legal affairs shall be Secretary to the Committee.

(5) The Committee, in the discharge of its duties, may
co-opt any person as it may deem fit. (6) The Committee may regulate its own proceedings. [s. 27A]
33.–(1) There is established in every region a Regional Criminal
Justice Forum whose role shall be to create an opportunity
for actors of criminal justice in the respective region to meet
and discuss strategic issues involved in the administration of
criminal justice. (2) The Forum shall consist of the following members:
(a) the Regional Prosecutions Officer who shall be the
Chairman;
(b) the Deputy Registrar of the respective High Court
zone;
(c) the Regional Security Officer;
National Criminal
Justice Ministerial
Committee
Act No. 7 of 2018 s. 58
Regional
Criminal Justice
Forum
Act No. 7 of 2018 s. 58

onal Security Officer;
National Criminal
Justice Ministerial
Committee
Act No. 7 of 2018 s. 58
Regional
Criminal Justice
Forum
Act No. 7 of 2018 s. 58

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.73
THE NATIONAL PROSECUTIONS SERVICE ACT [CAP. 430 R.E. 2023]
(d) the Regional Chief of the Prevention and Combating of
Corruption Bureau;
(e) the Regional Prisons Officer;
(f) the Regional Coordinator of Community Service;
(g) the Chairman of the Regional Parole Board;
(h) the Regional Social Welfare Officer;
(i) the Law Officer in the Regional Administrative
Secretary’s Office;
(j) the officer in-charge in the Chief Government Chemist
office of the respective region; and
(k) the Regional Crimes Officer who shall be the Secretary. (3) The Forum may co-opt any person as it deems fit. (4) The Forum shall meet at least twice annually. (5) The Regional Forum shall prepare a report and submit it
to the Chairman of the National Criminal Justice Forum who
shall forward the recommendations for deliberations by the
National Criminal Justice meetings. (6) The Forum shall work closely with the Case-flow
Management Committees established for each Region or
District in relation to matters of criminal nature. [s.

rum shall work closely with the Case-flow
Management Committees established for each Region or
District in relation to matters of criminal nature. [s.

27B]
34.–(1) There is established in every district the District
Criminal Justice Forum. (2) The Forum under subsection (1) shall consist of-
(a) the District Prosecutions Officer who shall be the
Chairman;
(b) the District Resident Magistrate in-charge;
(c) the District Security Officer;
(d) the District Chief of the Prevention and Combating of
Corruption Bureau;
(e) the District Prisons Officer;
(f) the District Coordinator of Community Service;
(g) the Social Welfare Officer; and
(h) the Officer Commanding of Criminal Investigation
Department of the respective District who shall be the
Secretary. District Criminal
Justice Forum
Acts Nos. 7 of 2018 s. 58;
1 of 2022 s. 38

stigation
Department of the respective District who shall be the
Secretary. District Criminal
Justice Forum
Acts Nos. 7 of 2018 s. 58;
1 of 2022 s. 38

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74
(3) Subject to subsection (2), in Districts where there is
no District Prosecutions Officer, the members of the District
Criminal Justice Forum shall elect one amongst their number
to be the Chairman, who shall, subject to his continuing being
member, hold the position until when the District Prosecutions
Officer is appointed. (4) The District Criminal Justice Forum may, in the
discharge of its duties, co-opt any person as it deems fit. (5) The District Criminal Justice Forum shall meet at least
twice annually. (6) The District Criminal Justice Forum shall prepare a
report on criminal justice within the District for submission to
the Regional Criminal Justice Forum. [s. 27C]
35.–(1) The Minister may make regulations as may be necessary
for the better carrying out of the provisions of this Act.

minal Justice Forum. [s. 27C]
35.–(1) The Minister may make regulations as may be necessary
for the better carrying out of the provisions of this Act.

(2) Without prejudice to subsection (1), the Minister may,
after consultation with the Attorney General, make regulations
providing for-
(a) administration of the Service; and
(b) such other matter as may or are required to be
prescribed under this Act or as may be necessary for
expedient and effective exercise of such powers and
performance of the functions by the Service. [s. 28]
36.–(1) The application of this Act shall extend to offences
committed, prosecutions commenced, appeals or revisions
preferred in courts of law before the date of coming into
operation of this Act. (2) Upon the coming into operation of this Act-
(a) the Service shall gradually take over from Government
departments or authorities the conduct of criminal
proceedings instituted before the commencement of
this Act;
Powers to make
regulations
Transitional and
savings
Act No. 7 of 2018 s. 50

ct of criminal
proceedings instituted before the commencement of
this Act;
Powers to make
regulations
Transitional and
savings
Act No. 7 of 2018 s. 50

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THE NATIONAL PROSECUTIONS SERVICE ACT [CAP. 430 R.E. 2023]
(b) all acts, matters and things lawfully made or done by or
on behalf of or in the name of the Republic in relation
to criminal proceedings shall be deemed to have been
made or done by or on behalf of or in the name of the
Director of Public Prosecutions;
(c) all documents serves on or by or on behalf of on in the
name of any other person in connection with criminal
proceedings shall be deemed to have been served on or
by or on behalf of the Director of Public Prosecutions;
and
(d) all appointments of public prosecutors under the
Criminal Procedure Act, shall be treated as if they were
made under this Act unless any of such appointment is
revoked by the Director of Public Prosecutions.

Procedure Act, shall be treated as if they were
made under this Act unless any of such appointment is
revoked by the Director of Public Prosecutions.

(3) Notwithstanding the provisions of subsections (1) and
(2), the powers of any authority, sanction or consent given
before the date of coming into operation of this Act by the
Attorney General, the Director of Public Prosecutions or any
other person so empowered to commence proceedings in
relation to an offence under any written law shall not abate or
be otherwise affected. [s. 29]
PART VI
CONSEQUENTIAL AMENDMENTS
37.–63. [Omitted.]
[Ss. 30–52]
Cap. 20
Omitted

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