The Preventive Detention Act

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CHAPTER 361
THE PREVENTIVE DETENTION ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title, application and interpretation.
2. Powers to make detention order.
3. Right to challenge detention order.
4. Execution of detention orders.
5. Arrest and detention.
6. Rescission and suspension.
7. Persons detained may make representations.
8. Detention to be published in Gazette.
9. Advisory Committee.

detention.
6. Rescission and suspension.
7. Persons detained may make representations.
8. Detention to be published in Gazette.
9. Advisory Committee.

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1.–(1) This Act may be cited as the Preventive Detention Act,
and shall apply to Mainland Tanzania as well as Tanzania
Zanzibar. (2) In this Act, unless the context requires otherwise-
“Committee” means the Advisory Committee established
under section 9;
“detention order” means an order made under section 2;
“persons” include a person who is not a citizen of the United
Republic. 2.–(1) Where-
(a) it is shown to the satisfaction of the President that a
person is conducting himself so as to be dangerous to
peace and good order in any part of the United Republic
or is acting in a manner prejudicial to the defence of
the United Republic or the security of the State; or
(b) the President is satisfied that an order under this
section is necessary to prevent a person acting in a
manner prejudicial to peace and good order in any part
of the United Republic or to the defence of the United
Republic or the security of the State,
Short title,
application and
interpretation
C.A. Act No. 2 of 1985 s.. 2
and 3
Powers to
make
detention
order
Act No. 2 of 1985 s.

urity of the State,
Short title,
application and
interpretation
C.A. Act No. 2 of 1985 s.. 2
and 3
Powers to
make
detention
order
Act No. 2 of 1985 s.

39
CHAPTER 361
THE PREVENTIVE DETENTION ACT
An Act to provide for preventive detention. [5th October, 1962]
Act No. 60 of 1962
[R.L. Cap. 490]
C.A. Act No. 2 of 1982
Act No. 2 of 1985

ENTION ACT
An Act to provide for preventive detention. [5th October, 1962]
Act No. 60 of 1962
[R.L. Cap. 490]
C.A. Act No. 2 of 1982
Act No. 2 of 1985

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THE PREVENTIVE DETENTION ACT [CAP. 361 R.E. 2023]
the President may, by order under his hand and the Public
Seal, direct the detention of that person. (2) Unless the President is satisfied that it is not feasible or
practicable to require that any particular item of information
shall be given on oath, he shall require that any information on
which he satisfies himself that a person is conducting himself
or acting in the manner aforesaid or that it is necessary that an
order be made, shall be given on oath. 3. A person who is detained under a detention order, may, by
petition before the High Court, challenge the legality of that
order on any ground. 4. A detention order may be executed at any place within the
United Republic in the manner provided for the execution of
warrants of arrest under the Criminal Procedure Act.

y be executed at any place within the
United Republic in the manner provided for the execution of
warrants of arrest under the Criminal Procedure Act.

5.–(1) An order under this Act shall constitute an authority to a
police officer to arrest the person in respect of whom it is made
and for a police officer or prison officer to detain that person as
a civil prisoner in custody or in prison; and that person shall,
while detained in pursuance of the order, be in lawful custody. (2) The President may make regulations-
(a) applying to persons detained under orders made
under this Act, any of the provisions of the Prisons
Act or of any rules made under it relating to convicted
criminal prisoners and disapplying in relation to
those persons any of those provisions relating to civil
prisoners; and
(b) prohibiting, regulating and controlling visits to, and
correspondence to or from, those persons,
and where the President makes any regulations, the Prisons
Act and any rules made under it shall have effect in relation to
those persons subject to the provisions of the regulations. Right to challenge
detention order
Act No. 2 of 1985 s. 4
Execution of
detention orders
Act No. 2 of 1985 s. 5
Cap. 20
Arrest and
detention
Act No. 2 of 1985 s. 8
Cap. 58
Cap. 58

order
Act No. 2 of 1985 s. 4
Execution of
detention orders
Act No. 2 of 1985 s. 5
Cap. 20
Arrest and
detention
Act No. 2 of 1985 s. 8
Cap. 58
Cap. 58

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THE PREVENTIVE DETENTION ACT [CAP. 361 R.E. 2023]
6. The President may-
(a) rescind any order made under this Act;
(b) direct that the operation of an order made under this
Act be suspended subject to any conditions, if any,
which may be specified in such direction-
(i) requiring the person in respect of whom the order
is made to notify his movements in such manner,
at the times and to such authority or person as
may be so specified; and
(ii) requiring him to enter into a bond with or
without securities for the observance of any such
conditions aforesaid,
if that person fails to comply with any condition attached to
the direction, he shall, whether or not the direction is revoked,
be detained under the original order. 7.–(1) A person detained under this Act shall, not later than
fifteen days from the beginning of his detention, be informed
of the grounds on which he is being detained and shall be
afforded an opportunity of making representations in writing
to the President with respect to the order under which he is
detained.

ained and shall be
afforded an opportunity of making representations in writing
to the President with respect to the order under which he is
detained.

(2) Where after fifteen days, a person detained under this
Act is not informed in writing of the grounds on which he is
being detained he shall be released immediately. 8. A person who is detained under this Act, shall have his name
published in the Gazette. 9.–(1) There shall be an Advisory Committee which shall
consist of-
(a) a Chairman and two members appointed by the
President; and
(b) two members appointed by the Chief Justice. Rescission and
suspension
Persons detained
may make
representations
Act No. 2 of 1985 s. 6
and 36
Detention to
be published in
Gazette
Act No. 2 of 1985 s. 7
GN. No. 152 of 1987
Advisory
Committee
Act No. 2 of 1985 s. 8

ct No. 2 of 1985 s. 6
and 36
Detention to
be published in
Gazette
Act No. 2 of 1985 s. 7
GN. No. 152 of 1987
Advisory
Committee
Act No. 2 of 1985 s. 8

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THE PREVENTIVE DETENTION ACT [CAP. 361 R.E. 2023]
(2) A member of the Advisory Committee may resign
his membership by writing under his hand addressed to the
person by whom he was appointed. (3) The quorum of the Advisory Committee shall be three,
of whom one shall be the Chairman, one shall be another
member appointed by the President, and one shall be a member
appointed by the Chief Justice.

,
of whom one shall be the Chairman, one shall be another
member appointed by the President, and one shall be a member
appointed by the Chief Justice.

(4) The President shall refer to the Advisory Committee
every order made under this Act-
(a) where representations have been made in pursuance of
section 7, as soon as may be after the making of the
representations;
(b) where no representations have been made, within
three months of the order being made, and thereafter
at intervals not exceeding a year, unless the order has
previously been rescinded,
and shall inform the Committee of the ground on which the
order was made and any other matters relating to the person
detained which are relevant to his continued detention, and
shall provide the Committee with a copy of all representations
made by the person detained. (5) Where no reference to the Committee is made within
the time stipulated in subsection (4) the person detained shall
be entitled to be released. (6) The Committee shall advise the President whether,
in their opinion, an order made under this Act should be
continued or rescinded or suspended, but the President shall
not be required to act in accordance with the advice of the
Committee.

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