The Peoples Militia Act

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CHAPTER 111
THE PEOPLES MILITIA ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Rules relating to compensation.
4. Powers of arrest.
5. Power to make regulations.

ent of Sections
Section Title
1. Short title.
2. Interpretation.
3. Rules relating to compensation.
4. Powers of arrest.
5. Power to make regulations.

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1. This Act may be cited as the Peoples Militia Act.1
2. In this Act, unless the context otherwise requires-
“accident” includes deliberate action on the part of any
person but does not include gross negligence on the part
of the person injured by whom, or in respect of whose
death, compensation is claimed under this Act;
“Minister” means the Minister responsible for Home Affairs;
“Peoples Militia” means an organised group of the people
of the United Republic, operating with the authority of
and under the aegis of the Government and which is
receiving any military training or participating in any
military, quasi-military or law enforcement exercise for
the protection of the sovereignty of the United Republic
or for the protection of the people or the property of the
United Republic, by whatever name known, whether as
Wasalama, Sungusungu or any other, but does not include
the Police Force, any arm or branch of the Defence
1 This Act is a consolidation of the Peoples Militia (Compensation for Death or
Injury) Act (Act No.

he Police Force, any arm or branch of the Defence
1 This Act is a consolidation of the Peoples Militia (Compensation for Death or
Injury) Act (Act No.

27 of 1973) which came into operation on 7th December, 1973,
and the Peoples Militia (Powers of Arrest) Act (Act No. 25 of 1975) which came into
operation on 12th August, 1975. Short title
Interpretation
Act No. 9 of 1989 s. 2
and 3
CHAPTER 111
THE PEOPLES MILITIA ACT
An Act to provide for payment of compensation to members of Peoples
Militia in case of death or injury and to confer such members with
powers of arrest in connection with criminal offences. [7th December, 1973]
[12th August, 1975]1
Acts Nos. 27 of 1973
4 of 1975
25 of 1975
9 of 1989

h
powers of arrest in connection with criminal offences. [7th December, 1973]
[12th August, 1975]1
Acts Nos. 27 of 1973
4 of 1975
25 of 1975
9 of 1989

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THE PEOPLES MILITIA ACT [CAP. 111 R.E. 2023]
Forces, the Prisons Service, the National Service or the
Immigration Services.

hout permission of OAG.523
THE PEOPLES MILITIA ACT [CAP. 111 R.E. 2023]
Forces, the Prisons Service, the National Service or the
Immigration Services.

3.–(1) Where any member of the Peoples Militia is injured, or
dies of any injury sustained, by an accident arising out of and
in the course of his training or participation in any military,
quasi-military, law enforcement or other lawful exercise
undertaken by him as such member and authorised by the
Government, the compensation payable in respect of his injury
or death shall be-
(a) where such person was, at the time of such accident,
self-employed or unemployed, the amount which
would have been payable had such person been a
member of the Defence Forces as a man; and
(b) where such person was, at the time of the accident, in
the employment of any other person, the amount which
would have been payable by such person’s employer
had the injury or, as the case may be, the death been
caused by an accident arising out of and in the course
of such person’s employment with such employer:
Provided that, where such person was, at the time of the
accident, employed by an employer in circumstances or under
terms and conditions which would not entitle him or his
dependants or estate to any compensation for injury or death
caused by an accident arising out of and in the course of his
employment with his employer, the employer shall be liable
to pay compensation of an amount equal to the amount of
compensation payable by the Government in respect of the
death of or injury to a member of the Defence Forces in the
course of his employment in the Defence Forces and employed
in the Defence Forces on a salary comparable to the salary to
which such member of the Peoples Militia was in receipt of in
respect of his employment with his employer.

ces on a salary comparable to the salary to
which such member of the Peoples Militia was in receipt of in
respect of his employment with his employer.

Rules relating to
compensation
Act No. 4 of 1975 Sch.

Rules relating to
compensation
Act No. 4 of 1975 Sch.

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THE PEOPLES MILITIA ACT [CAP. 111 R.E. 2023]
(2) The compensation payable under subsection (1) shall
be paid-
(a) in the case where the person injured is, or the deceased
was, a person to whom paragraph (a) of subsection (1)
applies, by the Government; and
(b) in any other case by the person who was, at the time of
the accident, the employer of the person injured.

tion (1)
applies, by the Government; and
(b) in any other case by the person who was, at the time of
the accident, the employer of the person injured.

(3) The compensation referred to in subsection (2) shall be
assessed and paid-
(a) in any case to which paragraph (a) of subsection (1)
applies, in accordance with the relevant provisions of
the National Defence Act, and the subsidiary legislation
made thereunder as if the person injured or, as the case
may be, the deceased were a man in the Defence Forces
and the injury had been sustained in the course of his
duties as such man; and
(b) in any case to which paragraph (b) of subsection (1)
applies-
(i) where the employment of the person injured or,
as the case may be, of the deceased, at the time
of the accident was an employment to which
the Workers’ Compensation Act applied, in
accordance with the provisions of that Act, as if
the injury had been caused by an accident arising
out of and in the course of such employment;
(ii) where the employment of such person was
not an employment to which the Workmen’s
Compensation Act applied, in accordance with
the terms and conditions of the employment as
regulated by the law applicable to the employment
as if the injury had been caused by an accident
arising out of and in the course of employment;
(iii) where the employment of such person was
employment to which the proviso to paragraph (b)
of subsection (1) applies, in accordance with the
relevant provisions of the National Defence Act,
Cap.

ployment to which the proviso to paragraph (b)
of subsection (1) applies, in accordance with the
relevant provisions of the National Defence Act,
Cap.

192
Cap. 263
Ord. No
43 of 1948
Cap. 192

192
Cap. 263
Ord. No
43 of 1948
Cap. 192

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THE PEOPLES MILITIA ACT [CAP. 111 R.E. 2023]
and the subsidiary legislation made thereunder
as if such person were a member of the Defence
Forces of a rank determined in accordance
with the provisions of that proviso and as if the
employer were substituted for the authority liable
to pay the compensation so payable. (4) Save to the extent provided for in this Act, the
Government shall not be liable for compensation for any
injury to or death of any member of Peoples Militia. (5) Any term or condition in any contract of employment
excluding or modifying or purporting to exclude or modify the
provisions of this Act, or any term or condition preventing or
purporting to prevent the employee from becoming a member
of the Peoples Militia or restricting or purporting to restrict
such employee from joining or volunteering for any activity
of the Peoples Militia, shall be inoperative and ineffective and
such contract of employment shall take effect as if it did not
include any such term or condition.

s Militia, shall be inoperative and ineffective and
such contract of employment shall take effect as if it did not
include any such term or condition.

(6) The Prime Minister may, by order in the Gazette,
exempt any employer or category of employers from liability to
compensation arising under this section and where such order
is made, the provisions of this Act relating to compensation
shall apply in relation to the member of the Peoples Militia
whose employer is so exempt as if such member were or had
been unemployed. 4.–(1) Subject to section 5, every member of the Peoples
Militia shall have the same powers of arrest for breach of any
provision of a written law and of search as are vested in a
police officer of the rank of constable and such powers may
be exercised subject to the same limitations, restrictions and
conditions as apply in relation to an arrest or search effected
by such police officer. (2) Notwithstanding subsection (1), the Minister may, by
notice published in the Gazette, designate ranks in the Peoples
Militia, or amongst any particular group or category of the
Powers of arrest
Act No. 9 of 1989 s. 4

hed in the Gazette, designate ranks in the Peoples
Militia, or amongst any particular group or category of the
Powers of arrest
Act No. 9 of 1989 s. 4

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THE PEOPLES MILITIA ACT [CAP. 111 R.E. 2023]
Peoples Militia which shall, for the purposes of this Act, be
comparable to the ranks in the Police Force specified in relation
thereto in such order and where such order is made a member
of the Peoples Militia or a member of the Peoples Militia of
the group or category concerned, of a rank so designated shall
have the same powers of arrest and of search as a police officer
of comparable rank. 5.–(1) The Minister may make regulations for the purposes
of securing the effectual and smooth operation of the Peoples
Militia in the discharge of functions under this Act.

make regulations for the purposes
of securing the effectual and smooth operation of the Peoples
Militia in the discharge of functions under this Act.

(2) Without prejudice to the generality of the power
conferred by subsection (1), the regulations made by the
Minister may provide for-
(a) the limitation of the area within which power under
this Act may be exercised by members of the Peoples
Militia or a category of them;
(b) the regulation in any other way of the exercise of
functions generally by members of the Peoples Militia
or a category of them; and
(c) the training or instruction of members of the Peoples
Militia in the exercise of powers conferred by this Act. Power to make
regulations