The Public Leadership Code of Ethics Act

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CHAPTER 398
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title. 2. Omitted. 3. Application. 4. Interpretation. part ii
BASIC ELEMENTS OF CODE OF ETHICS
5. President to work for promotion of integrity in public office etc.. 6. Principles to be invoked by Code. 7. Declaration of standards as to ethics. part iii
CODE OF ETHICS APPLICABLE TO ALL PUBLIC LEADERS
8. Relationship between this Part and purpose of the Constitution. 9. Declaration of assets and liabilities. 10. Repealed. 11. Declarable assets. 12. Public leader not to acquire dishonestly any pecuniary advantage. 13. Public leader to disclose pecuniary interest to forum. 14. Restriction of public leaders to enter into contracts. 15. Declaration of interest in Government contract. 16. Failure to make declaration, or making of false declaration. part iv
SUPPLEMENTARY PROVISIONS APPLICABLE TO
MINISTERS AND REGIONAL COMMISSIONERS
17. Relationship between this Part and the Constitution. 18.

tion. part iv
SUPPLEMENTARY PROVISIONS APPLICABLE TO
MINISTERS AND REGIONAL COMMISSIONERS
17. Relationship between this Part and the Constitution. 18.

Collective responsibility of Ministers.

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
part v
ADMINISTRATION AND ENFORCEMENT
19. Ethics Secretariat.
20. Immunity of officers of Secretariat.
21. Obstruction of officers from execution of duties.
22. Ethics Commissioner.
23. Register of declarations.
24. Declarations deemed to be statutory declarations.
25. Complaints of breaches of Part III.
26. Complaints of breaches of Part IV.
27. Procuring information and attendance of witnesses.
28. Rights of witnesses.
29. Tribunal.
part vi
MISCELLANEOUS PROVISIONS
30. Amendment of Schedule.
31. Offences and penalties.
32. Payment of fees, remuneration or expenses.
33. Act not to derogate from other laws.
34. Act not to prevent public leader from resigning.
35. Regulations.
36. Omitted.
SCHEDULE

tion or expenses.
33. Act not to derogate from other laws.
34. Act not to prevent public leader from resigning.
35. Regulations.
36. Omitted.
SCHEDULE

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Public Leadership Code of
Ethics Act. 2. [Omitted]. 3. This Act shall apply to Mainland Tanzania as well as to
Tanzania Zanzibar in respect of public officers holding offices
under the Union Government. 4.–(1) In this Act, unless the context requires otherwise-
“child” means a biological, adopted or dependant child of a
public leader who is below the age of eighteen years and
is not married;
“Code” means the Code of Ethics for Public Leaders
established by this Act;
“Commissioner” means the Ethics Commissioner appointed
under section 22;
“conflict of interest” means the situation where a public
leader through his position in office or service, obtains
Short title
Omitted
Application
Interpretation
Acts Nos. 5 of 2001 s. 2
4 of 2016 s. 61
CHAPTER 398
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT
An Act to establish code of ethics for certain public leaders, to provide for
the organisation of the Ethics Secretariat and for related matters with or
incidental to them. [1st July, 1995]
[s.

ain public leaders, to provide for
the organisation of the Ethics Secretariat and for related matters with or
incidental to them. [1st July, 1995]
[s.

2]
Acts Nos. 13 of 1995
5 of 2001
4 of 2016
7 of 2022
GN. Nos. 209 of 2005
260 of 2013
336 of 2021

2]
Acts Nos. 13 of 1995
5 of 2001
4 of 2016
7 of 2022
GN. Nos. 209 of 2005
260 of 2013
336 of 2021

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
or expects to obtain any interest or benefit, financial or
otherwise, direct or indirect for himself or for some other
person for whom he has a fiduciary relationship;
“Government” means the Union Government or the
Revolutionary Government of Zanzibar;
“Minister” means the Minister responsible for public
leadership code of ethics;
“public leader” means any person holding any of the public
office as specified in the Schedule;
“Tribunal” means the Ethics Tribunal appointed under
section 29. PART II
BASIC ELEMENTS OF CODE OF ETHICS
5.–(1) It shall be the duty of the President, subject to this Act,
to work towards the evolution of ethical standards designed to
provide a basis for enhancing public confidence in the integrity
of public leaders and in the decision making process in the
Government and in the public sector in general.

hancing public confidence in the integrity
of public leaders and in the decision making process in the
Government and in the public sector in general.

(2) In discharging the duty imposed on him by this section,
the President shall be guided, subject to this Act, by the need to
evolve, and to foster, sound rules and ethical standards in the
public service by-
(a) providing that a public leader shall not put himself in
a position where his personal interest conflicts with his
responsibility as a leader;
(b) encouraging experienced and competent persons
to seek and accept public office, and facilitating
interchange between the private and the public sector;
(c) establishing clear rules of ethics in respect of conflict of
interest for, and post-employment practices applicable
to elected and appointed public leaders;
(d) minimising the possibility of conflicts arising between
the private interests and public duties of public leaders
President to work
for promotion of
integrity in public
office etc.

conflicts arising between
the private interests and public duties of public leaders
President to work
for promotion of
integrity in public
office etc.

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
and providing for the resolution of such conflicts in the
public interests should they arise.

UBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
and providing for the resolution of such conflicts in the
public interests should they arise.

6.–(1) The Code of Ethics for public leaders shall seek as far
as possible to institute and invoke the following principles in
respect of the conduct of public leaders:
(a) in relation to ethical standards, that public leaders shall
while in office, act with honesty, compassion, sobriety,
continence and temperance, and uphold the highest
possible ethical standards so that public confidence
and trust in the integrity, objectivity and impartiality
of Government are conserved and enhanced;
(b) in relation to public scrutiny, that public leaders shall
have an obligation-
(i) to perform their official duties and arrange their
private affairs in a manner that would bear the
closest public scrutiny, an obligation that is not
fully discharged by simply acting lawfully;
(ii) in relation to all public leaders whether in elective
or appointive offices, there is to be established a
procedure for declaration of all property or assets
owned by, or liabilities owed to him, his spouse
or child, without prejudice to the right of wives
and husbands of public leaders to own property
independently of their spouses;
(c) in relation to decision making, that public leaders shall,
in fulfilling their official duties and responsibilities
make decisions in accordance with law, in the public
interest and with regard to the merits of each case;
(d) in relation to private interest, that public leaders shall
not have private interests, other than those permitted
by the Code that would be affected particularly or
significantly by Government actions in which they
participate;
(e) in relation to public interest, that on appointment or
election to office and thereafter, the public leader shall
Principles to be
invoked by Code
Act No.

elation to public interest, that on appointment or
election to office and thereafter, the public leader shall
Principles to be
invoked by Code
Act No.

4 of 2016 s. 62

4 of 2016 s. 62

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E.

reserved. No part of this book may be reproduced or distributed without permission of OAG.396
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E.

2023]
arrange his affairs in a manner that would not occasion
real, potential or apparent conflict of interest;
(f) in relation to execution of duties, the public leader shall
not, whether directly or indirectly, act or make decision
in furtherance of his private interest or interest of the
member of his family or any other person for whom he
has a fiduciary relationship;
(g) in relation to gifts and benefits, that public leaders
shall not solicit or accept transfers of economic benefit
other than incidental gifts, customary hospitality or
other benefits of nominal value, unless the transfer is
pursuant to an enforceable contract or property right
of the public leader;
(h) in relation to preferential treatment, that public leaders
shall not step out of their official roles to assist private
entities or persons in their dealing with the Government
where this would result in preferential treatment to any
person;
(i) in relation to inside information, that public leaders
shall not knowingly take advantage of, or benefit
from information which is obtained in the course of
their official duties and responsibilities and that is not
generally available to the public;
(j) in relation to Government property that public leaders
shall not directly or indirectly use, or allow the use of,
Government property of any kind, including property
leased to the Government, for purposes of according
economic benefit to the leader;
(k) in relation to post employment that:
(i) a public leader shall, within six months after the
termination of his service, not seek or engage in
any private employment that he was associated
with when he was a public leader or when he had
a supervisory role in the post of public leader, and
for which he had direct management of;
(ii) a public leader shall not act, after he leaves a
public office, in such a manner as to bring the

ader, and
for which he had direct management of;
(ii) a public leader shall not act, after he leaves a
public office, in such a manner as to bring the

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
service to ridicule or take improper advantage of
his previous office, so that the possibilities may be
minimised by:
(aa) allowing prospects of outside employment to
create a real, potential or apparent conflict of
interest for public leaders while in a public
office;
(bb) obtaining preferential treatment or privileged
access to Government after leaving a public
office;
(cc) taking personal advantage of information
obtained in the course of official duties and
responsibilities until it becomes generally
available to the public; and
(dd) using a public office to unfair advantages in
obtaining opportunities outside employment. (2) A public leader who refuses, makes false declaration or
fails to comply with the requirements under subsection (1)
breaches the code of ethics for public leaders and is liable to
the actions specified under section 8.

mply with the requirements under subsection (1)
breaches the code of ethics for public leaders and is liable to
the actions specified under section 8.

7.–(1) The President may, by Notice published in the Gazette,
declare requirements and rules regarding ethical standards
that are to be complied with by public leaders. (2) A Notice under this section shall not come into operation
until it is approved by resolution of the National Assembly. PART III
CODE OF ETHICS APPLICABLE
TO ALL PUBLIC LEADERS
8. The provisions of this Part shall constitute part of the Code
of Ethics for Public Leaders according to the Constitution and
breach of the code shall result in any of the following actions:
(a) warning and caution;
(b) demotion;
(c) suspension;
Declaration of
standards as to
ethics
Relationship
between this Part
and purpose of
the Constitution
Act No. 5 of 2001 s. 3
Cap. 2

on;
(c) suspension;
Declaration of
standards as to
ethics
Relationship
between this Part
and purpose of
the Constitution
Act No. 5 of 2001 s. 3
Cap. 2

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
(d) dismissal;
(e) advising the leader to resign from the office to which
the breach relates;
(f) imposition of other penalties provided for under the
rules of discipline related to the office of the leader; and
(g) initiating action for the leader to be dealt with under
the appropriate law. 9.–(1) A public leader shall, except where the Constitution or
any other written law provides otherwise-
(a) within thirty days after taking office;
(b) at the end of each calendar year; and
(c) at the end of his term of office,
submit to the Commissioner a written declaration, in a
prescribed form, of all property or assets owned by, or
liabilities owed to him, his spouse or child. Provided that, where the declaration of assets is made by
the Commissioner under this section, the declaration shall be
submitted to the President.

d. Provided that, where the declaration of assets is made by
the Commissioner under this section, the declaration shall be
submitted to the President.

(2) A property or asset acquired by a public leader after the
initial declaration required by paragraph (a) of subsection (1)
and which is not attributable to income, gift, or loan approved
in the Code shall be deemed to have been acquired in breach
of the Code unless the contrary is proved. (3) A public leader who has previously made a declaration
of assets under this section shall, during the subsequent
declaration be required to declare as to the increase or decrease
of assets. (4) A public leader shall, in making the declaration of assets
under this section:
(a) state the monetary value of the declared assets and the
source or the manner in which he has acquired the
assets;
(b) state or disclose his debts if any and any other liabilities. 10. [Repealed by Act No. 7 of 2022 s. 19.]
Declaration
of assets and
liabilities
Acts Nos. 5 of 2001 s. 4
4 of 2016 s. 63
7 of 2022 s. 18
GN. No. 336 of 2021
Cap. 2
Repealed

. 7 of 2022 s. 19.]
Declaration
of assets and
liabilities
Acts Nos. 5 of 2001 s. 4
4 of 2016 s. 63
7 of 2022 s. 18
GN. No. 336 of 2021
Cap. 2
Repealed

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
11.–(1) A public leader shall make a declaration of assets that
are not non-declarable assets in order for him to be able to deal
with them without giving rise to a conflict of interest.

declaration of assets that
are not non-declarable assets in order for him to be able to deal
with them without giving rise to a conflict of interest.

(2) Declarable assets shall include-
(a) residencies, recreational property;
(b) work of art, antiques and collectibles;
(c) motor vehicles and other personal means of
transportation;
(d) cash and deposits in a bank or other financial institution;
(e) Treasury Bills and other similar investments in
securities of fixed value issued or guaranteed by the
Government or agencies of the Government;
(f) interest on money deposited in a bank, building society
or other financial institution;
(g) dividends or other profits from stocks or shares held by
a public leader in any company or other body corporate;
(h) interests in businesses that do not contract with the
Government, and do not own or control publicly
traded securities, other than incidentally, and whose
stocks and shares are not traded publicly;
(i) farms under commercial or non commercial operation;
(j) real property which is not non-declarable asset; and
(k) assets that are beneficially owned, which are not non-
declarable assets and which are administered at arm’s
length.

not non-declarable asset; and
(k) assets that are beneficially owned, which are not non-
declarable assets and which are administered at arm’s
length.

12.–(1) A public leader shall be considered to have breached
the Code if he knowingly acquires any significant pecuniary
advantage, or assists in the acquisition of any pecuniary
advantage by any other person, by-
(a) improperly using or benefiting from information which
is obtained in the course of his official duties and which
is not generally available to the public;
(b) disclosing any official information to unauthorised
persons;
(c) promotion, disciplining or removal of a public officer;
Declarable assets
Acts Nos. 4 of 2016 s. 64
7 of 2022 s. 20
Public leader
not to acquire
dishonestly
any pecuniary
advantage
Acts Nos. 5 of 2001 s. 5
4 of 2016 s. 65

ts
Acts Nos. 4 of 2016 s. 64
7 of 2022 s. 20
Public leader
not to acquire
dishonestly
any pecuniary
advantage
Acts Nos. 5 of 2001 s. 5
4 of 2016 s. 65

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
(d) directly or indirectly converting Government property
for personal or any other unauthorised use, for the
purposes of reaping private economic benefit; or
(e) soliciting or accepting transfers of economic benefit,
other than-
(i) benefits of nominal value, including customary
hospitality and traditional or token gifts;
(ii) gifts from close family members or from public
leaders elsewhere; or
(iii) transfers pursuant to an enforceable property
right of the public leader or pursuant to a contract
for which full value is given. (2) A public leader shall, where he receives a gift of the value
exceeding two hundred thousand shillings-
(a) declare the received gift and its value; and
(b) submit the declaration of the gift to the accounting
officer of the office concerned, who shall in writing
direct as to the use or disposal of the gift.

bmit the declaration of the gift to the accounting
officer of the office concerned, who shall in writing
direct as to the use or disposal of the gift.

(3) An accounting officer who receives a declaration in
terms of subsection (2) (b) shall report the declaration and
disposal of the gifts to the Commissioner. 13.–(1) A public leader shall not speak in the Cabinet, National
Assembly, Local Government Council or its Committee,
official forum or part of it as the case may be, in any matter in
which he has a direct pecuniary interest unless-
(a) he has disclosed the nature of that interest to the
Cabinet, the National Assembly, the Local Government
Council or Committee or such other forum or part of
it; and
(b) the direct pecuniary interest for which the public leader
has disclosed under paragraph (a) serves or safeguards
public interest. (2) For the purposes of this section, the separately owned
assets of the spouse or child of a public leader shall be deemed
to constitute an interest for disclosure by him. Public leader
to disclose
pecuniary interest
to forum
Act No. 4 of 2016 s. 66

leader shall be deemed
to constitute an interest for disclosure by him. Public leader
to disclose
pecuniary interest
to forum
Act No. 4 of 2016 s. 66

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
14. A public leader shall not, whether by himself, or through
a family member or any company or association to which he
is affiliated, enter into or take part in any contract with the
Government or entity of the Government thereof unless the
Government or entity for which the contract is being entered
into is not under the direct management of that leader. [s. 13A]
15.–(1) Where a public leader has an interest in a contract
that is made, or is proposed to be made, by the Government,
and has not made a sufficient declaration under subsection (4)
in relation to the contract, the public leader shall as soon as
practicable, make a declaration of his interest in relation to the
contract, specifying the nature and extent of his interest.

leader shall as soon as
practicable, make a declaration of his interest in relation to the
contract, specifying the nature and extent of his interest.

(2) Where-
(a) immediately before the commencement of this Act, a
public leader has an interest in a contract that has been
made by the Government; and
(b) the contract is not completely performed by all parties
within thirty days after the commencement of this Act,
the public leader shall, within thirty days after the
commencement of this Act, declare the interest in accordance
with this section. (3) The interests of the spouse or of the child of a public
leader in relation to the Government contract shall be deemed
to be the interest of the public leader. (4) A declaration for the purposes of this section shall be
made to the Commissioner in writing. (5) A declaration by a public leader that-
(a) states that he has an interest in a specified body
corporate or firm;
(b) specifies the nature and extent of the interest;
(c) where the interest is a shareholding or partnership,
specifies the proportion of the ownership of the
company or firm represented by the shareholding or
partnership; and
Restriction of
public leaders
to enter into
contracts
Act No. 4 of 2016 s. 67
Declaration
of interest in
Government
contract
Act No. 4 of 2016 s. 68

d
Restriction of
public leaders
to enter into
contracts
Act No. 4 of 2016 s. 67
Declaration
of interest in
Government
contract
Act No. 4 of 2016 s. 68

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
(d) states that he is to be regarded as interested in any
contract which may, after the date of the notice, be
made with the Government by that body corporate or
firm,
shall be a sufficient declaration of interest in relation to any
contract so made unless, at the time the question of confirming
or entering into any contract is first taken into consideration
by the Government, the extent of his interest in the body
corporate or firm is greater than is stated in the declaration. (6) For the purposes of this section, a public leader has an
interest in contract if-
(a) he will derive any material benefit, whether direct or
indirect, from the contract; or
(b) one party to the contract is a firm or body corporate and
he has a material interest, whether direct or indirect, in
the firm or body corporate.

r
(b) one party to the contract is a firm or body corporate and
he has a material interest, whether direct or indirect, in
the firm or body corporate.

(7) For the purposes of paragraph (b) of subsection (6), a
public leader shall not be considered to have a material interest
in a body corporate by reason only that-
(a) he holds debentures of the body corporate; or
(b) he holds shares in the body corporate with a total
market value of less than the annual emoluments from
office of the public leader. [s. 14]
16. A public leader who is subject to section 9 shall be
considered to have breached the Code if-
(a) he fails, without reasonable cause, to make a declaration
required by that section;
(b) he knowingly makes a declaration under section 9 that
is false or misleading in a material particular; or
(c) without reasonable cause, delays to make a declaration
under section 9(1)(b). [s. 15]
Failure to make
declaration, or
making of false
declaration
Act No. 4 of 2016 s. 69

cause, delays to make a declaration
under section 9(1)(b). [s. 15]
Failure to make
declaration, or
making of false
declaration
Act No. 4 of 2016 s. 69

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
PART IV
SUPPLEMENTARY PROVISIONS APPLICABLE TO
MINISTERS AND REGIONAL COMMISSIONERS
17. The provisions of this Part shall, in so far as they apply
to Ministers, Deputy Ministers, and Regional Commissioners,
constitute part of the Code of Ethics for Ministers for the
purpose of Articles 53 and 57 of the Constitution. [s. 16]
18.–(1) A Minister shall not do anything that is inconsistent
with the principle of the collective responsibility of Ministers
for the policy of the Government and the conduct of its affairs
and, in particular, shall not-
(a) publicly contradict or disassociate himself from any
policy adopted by the Cabinet;
(b) issue public statements criticising another person
holding Ministerial office; or
(c) make unauthorised disclosures of Cabinet discussions,
decisions or documents. (2) A Deputy Minister and Regional Commissioner shall
in the performance of the duties of his office be bound by the
provisions of subsection (1). [s.

(2) A Deputy Minister and Regional Commissioner shall
in the performance of the duties of his office be bound by the
provisions of subsection (1). [s.

17]
PART V
ADMINISTRATION AND ENFORCEMENT
19.–(1) The Ethics Secretariat, which is established by Article
132 of the Constitution of the United Republic, shall be an
extra-ministerial department of Government under the Office
of the President. (2) The Secretariat shall, subject to this Act and the relevant
provision of the Constitution, have the duty to-
(a) receive declaration which are required to be made by
public leaders under the Constitution or any other law;
Relationship
between this
Part and the
Constitution
Cap. 2
Collective
responsibility of
Ministers
Act No. 7 of 2022 s. 21
Ethics Secretariat
Acts Nos. 5 of 2001 ss. 7, 8
4 of 2016 s. 70
7 of 2022 s. 22
Cap.2

2
Collective
responsibility of
Ministers
Act No. 7 of 2022 s. 21
Ethics Secretariat
Acts Nos. 5 of 2001 ss. 7, 8
4 of 2016 s. 70
7 of 2022 s. 22
Cap.2

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
(b) receive allegations and notifications of breach of the
code by all public leaders who are subject to this Act;
(c) make inquiries into any alleged or suspected breach of
the code by all public leaders who are subject to this
Act;
(d) conduct physical verification in respect of declaration
made pursuant to this Act;
(e) initiate and conduct any investigation in respect of the
breach of ethics prescribed under this Act;
(f) providing ethics education to public leaders;
(g) conducting research on the status of ethics in the
country;
(h) advising on matters relating to integrity in the country;
and
(i) devising strategies for promoting ethics in the country.

ethics in the
country;
(h) advising on matters relating to integrity in the country;
and
(i) devising strategies for promoting ethics in the country.

(3) The Secretariat shall, except for matters stipulated under
subsections (4) and (5), have powers to order any person to-
(a) attend before the Secretariat for the purpose of being
interviewed, orally or in writing, in relation to any
matter which may assist investigation of an alleged
breach of the code;
(b) produce any book, document or any certified copy
thereof and any article which may assist the investigation
of an alleged breach of the code. (4) The Commissioner shall, where the Secretariat intends
to conduct investigation in respect of a bank account, by order
in writing supported by a warrant issued by a magistrate,
authorise an officer of the Secretariat to investigate a bank
account of a public leader concerned. (5) Notwithstanding subsection (4), the Commissioner
shall, where the Secretariat intends to conduct investigation
in respect to Bank Accounts, by order in writing supported
by warrant issued by a magistrate upon showing cause to the
magistrates as to why the order should be issued, authorise any
officer of the secretariat to investigate any bank account of a
public leader.

to the
magistrates as to why the order should be issued, authorise any
officer of the secretariat to investigate any bank account of a
public leader.

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THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
(6) An order made by the Commissioner under subsection
(1) shall be sufficient authority for the disclosure or production
by any person of all or any information accounts, documents
or articles as may be required by the officer of the Secretariat
so authorised. (7) The President shall provide for the staffing of the
secretariat and for the taking by them of the oath of secrecy in
respect of matters handled by them. [s. 18]
20. An officer of the Secretariat or any other person acting on
behalf of the Secretariat shall not be liable for an acts done in
good faith in the course of discharging his official duties. [s. 18A]
21.

acting on
behalf of the Secretariat shall not be liable for an acts done in
good faith in the course of discharging his official duties. [s. 18A]
21.

A person who, knowingly or without reasonable cause-
(a) obstructs, whether directly or indirectly, an officer
from execution of his duties or powers under the Act;
or
(b) makes any false or misleading information,
commits an offence and on conviction shall be liable to a fine
of not less than one million shillings or to imprisonment for a
term not exceeding one year or to both. [s. 18B]
22.–(1) There shall be established in the Ethics Secretariat, the
Office of Ethics Commissioner, the holder of which shall be
the head and chief executive of the department. (2) The Commissioner shall be appointed from amongst
persons of a high proved or provable integrity who are holding
or have held or are eligible for appointment to hold-
(a) the office of Permanent Secretary;
(b) the office of Judge of the High Court; or
(c) any other high public office in the Service. (3) The Commissioner shall be appointed by the President
and-
(a) shall hold office for a term of five years;
Immunity
of officers of
Secretariat
Act No
4 of 2016 s. 71
Obstruction of
officers from
execution of
duties
Act No. 4 of 2016 s. 71
Ethics
Commissioner
Act No. 5 of 2001 ss. 7, 9

etariat
Act No
4 of 2016 s. 71
Obstruction of
officers from
execution of
duties
Act No. 4 of 2016 s. 71
Ethics
Commissioner
Act No. 5 of 2001 ss. 7, 9

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.406
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
(b) is eligible for reappointment for another one term; and
(c) may be removed from office for good cause. [s. 19]
23.–(1) On receiving a declaration of interest under section
15 or a declaration of assets and income under section 9, the
Commissioner shall cause the particulars of the declaration to
be entered in a register. (2) The register shall be kept in such form as the Minister
approves and shall be made available for inspection by
members of the public at all reasonable times. (3) The Minister may, by regulations published in the
Gazette, prescribe the manner in which members of the public
shall inspect the register under this section. [s. 20]
24. A declaration made for the purposes of sections 9 or 15
shall be deemed to be a statutory declarations. [s.

e register under this section. [s. 20]
24. A declaration made for the purposes of sections 9 or 15
shall be deemed to be a statutory declarations. [s.

21]
25.–(1) An allegation that a public leader has breached Part III
may be made to the Commissioner by any person, in writing
giving particulars of the breach or breaches alleged, signed by
the complainant’s name and address:
Provided that, the Commissioner shall not refuse any
allegation submitted to him for the reason only of lack of
signature, names or address of the complainant. (2) Upon receipt of a complaint or allegation against any
public leader in relation to compliance with the Code, the
Commissioner shall cause thorough preliminary investigation
to be carried out by or on behalf of the secretariat into
the allegation or complaints, and if he is satisfied that the
investigation discloses a prima facie case for which a public
leader may be justly required to give a public explanation of his
conduct or property, he shall-
Register of
declarations
Act No. 5 of 2001 ss. 6, 10
Declarations
deemed to
be statutory
declarations
Act No. 5 of 2001 s. 6
Complaints of
breaches of
Part III
Acts Nos. 5 of 2001 ss. 7, 11
4 of 2016 s. 72

clarations
deemed to
be statutory
declarations
Act No. 5 of 2001 s. 6
Complaints of
breaches of
Part III
Acts Nos. 5 of 2001 ss. 7, 11
4 of 2016 s. 72

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.407
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
(a) if the allegations or complaints relate to the President,
submit them to the President and to the Speaker who
shall submit the allegation to the Standing Committee
of the National Assembly;
(b) if the allegations or complaints relate to any other
public leader, notify the President and the Speaker and
proceed as in subsection (5). (3) Where the allegation received by the Commissioner
under this section relates to the Commissioner, the
Commissioner shall immediately submit the allegation to the
President. (4) Where a public leader considers that a statement made
in the press or through the other public media alleges, directly
or by implication, that he has breached Part III he may report
the particulars of the breach or breaches alleged, in writing, to
the Commissioner and request that the matter be referred to
a tribunal.

e may report
the particulars of the breach or breaches alleged, in writing, to
the Commissioner and request that the matter be referred to
a tribunal.

(5) The Commissioner shall notify the President and the
Speaker of the allegation and shall, after consultation with the
Attorney General and with the Chief Justice, direct the tribunal
appointed in terms of section 29 to investigate the allegation. (6) The tribunal shall within forty five days upon receipt of
directives made to it under subsection (5) report its finding to
the Commissioner, who shall submit a copy to the President,
to the Speaker, and to the disciplinary authority of the public
leader, as well as to the public leader concerned. (7) The Speaker shall, within seven days after the first sitting
of the National Assembly next after receiving the report, cause
a copy of the report to be laid before the National Assembly. (8) The Commissioner shall, each year compile a report on
the affairs and business of the secretariat, including cases dealt
with by the Tribunal and submit it to the President who shall
lay it before the National Assembly. [s. 22]

s of the secretariat, including cases dealt
with by the Tribunal and submit it to the President who shall
lay it before the National Assembly. [s. 22]

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.408
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
26.–(1) An allegation that a person holding office of Minister,
Deputy Minister or Regional Commissioner has breached
Part IV may be made to the President by any person in writing
signed by the complainant and giving the complainant’s name
and address. (2) The President shall give a copy of the allegation to
the Minister, Deputy Minister or Regional Commissioner
concerned, who shall proceed to furnish an explanation of his
conduct to the President, but within not more than thirty days. [s.

egional Commissioner
concerned, who shall proceed to furnish an explanation of his
conduct to the President, but within not more than thirty days. [s.

23]
27.–(1) Subject to the provisions of this Act, the Tribunal
may require any person who, in its opinion, is able to give any
information relating to any matter relevant to any enquiry
being conducted by it to furnish it with any such information
and to produce any document, paper or thing which may be
in the possession or under the control of that person and may,
by order under the hand of the Chairman or Vice-Chairman,
require any such person to attend before the Tribunal at a time
and place specified in such order and be examined on oath or
to produce any such document, paper or thing. (2) Where the Tribunal orders any person to be examined
on oath, any member may administer such oath. (3) An order made under this section shall be served on
the person to whom it is directed by a person holding office
under the Tribunal or a police officer in the manner prescribed
for the service of summons on a witness in civil proceedings
before a court of law.

ce
under the Tribunal or a police officer in the manner prescribed
for the service of summons on a witness in civil proceedings
before a court of law.

(4) Where a person to whom an order under this section
is directed does not attend at the time and place mentioned
therein, the Tribunal may, upon being satisfied that the order
was duly served or that the person to whom the order is directed
willfully avoids service, issue a warrant under the hand of the
Chairman or Vice-Chairman to apprehend such person and
to bring him before the Tribunal at a time and place specified
in the warrant and a warrant issued under this section shall be
executed by a police officer. Complaints of
breaches of
Part IV
Acts Nos. 5 of 2001 s. 7
7 of 2022 s. 23
Procuring
information and
attendance of
witnesses
Act No. 5 of 2001 s. 7

r. Complaints of
breaches of
Part IV
Acts Nos. 5 of 2001 s. 7
7 of 2022 s. 23
Procuring
information and
attendance of
witnesses
Act No. 5 of 2001 s. 7

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.409
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
(5) Where a person is arrested in pursuance of a warrant
issued under this section and is not brought before the Tribunal
within twenty-four hours of his arrest or earlier released by
order of the Tribunal on his undertaking to attend at a time
and place specified by it, he shall forthwith be taken before a
resident magistrate and the resident magistrate shall-
(a) if such person enters into a suitable recognisance of
his appearance before the Tribunal, release him from
custody; or
(b) order such person to be detained in custody until such
time as he can be brought before the Tribunal. (6) When any person is required by the Tribunal to attend
before it for the purposes of this section, such person shall be
entitled to the same fee, allowance and expenses as if he were
a witness before a court of law and, for the purpose of this
subsection, the Chairman or the Vice-Chairman shall have the
powers of a court to fix or disallow the amount of any such fee,
allowance or expenses.

s
subsection, the Chairman or the Vice-Chairman shall have the
powers of a court to fix or disallow the amount of any such fee,
allowance or expenses.

(7) For the avoidance of doubts it is hereby declared that
this section shall apply whether or not the person concerned
is a public officer in respect of whose conduct the Tribunal has
jurisdiction to enquire and whether or not such documents,
papers or things are in the custody or under the control of any
government ministry, division, or department, or the party or
a parastatal organisation. [s. 24]
28. Subject to this Act, a person who gives or is required to
give information by, or ordered to attend to give evidence
or to produce any document, paper or thing before the
Commissioner or the Tribunal, shall be entitled in respect of
such information, evidence, document, paper or thing to the
same rights and privileges as witnesses have in the High Court. [s. 25]
Rights of
witnesses
Act No. 5 of 2001 s. 7

ce, document, paper or thing to the
same rights and privileges as witnesses have in the High Court. [s. 25]
Rights of
witnesses
Act No. 5 of 2001 s. 7

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.410
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
29.–(1) Subject to subsection (2), a Tribunal for the purposes
of this Act shall consist of three persons appointed by the
President, one of them being appointed from amongst persons
who hold or have held the office of Judge of Appeal or of Judge
of the High Court, while the other two shall be appointed upon
advice by the Commissioner. (2) A member of the Tribunal shall hold office for a term of
three years and shall be eligible for re-appointment for another
term. (3) Where a Tribunal has been constituted under subsection
(4) of section 25, the Commissioner may commission it to
investigate further allegations received by him under this
section whether against the public leader concerned or another
public leader. (4) The President shall appoint one Member of the Tribunal
as Chairman. (5) Where a member of a Tribunal becomes unwilling to
act or dies, the President may appoint another member in his
place.

of the Tribunal
as Chairman. (5) Where a member of a Tribunal becomes unwilling to
act or dies, the President may appoint another member in his
place.

(6) A Tribunal shall conduct its inquiry in public, save that
it may exclude representatives of the press or any or all other
persons if it considers necessary so to do for the preservation
of order, for the due conduct of the inquiry or for any other
reason. (7) A Tribunal may engage the services of such technical
advisors or other experts as it considers necessary for the
proper conduct of the inquiry. (8) A Tribunal may request assistance from other
investigative organs, including the Police, the Anti-Corruption
Bureau, the Commission for Human Rights and Good
Governance and those organs shall be empowered to provide
information to the Tribunal and to conduct investigations on
behalf of the Ethics Secretariat. (9) In its report, the Tribunal may make recommendations
as to administrative actions, criminal prosecutions or other
further actions to be taken as it thinks fit. Tribunal
Acts Nos. 5 of 2001 s. 7
4 of 2016 s. 73

administrative actions, criminal prosecutions or other
further actions to be taken as it thinks fit. Tribunal
Acts Nos. 5 of 2001 s. 7
4 of 2016 s. 73

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.411
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
(10) Where the Tribunal considers that an allegation was
malicious, frivolous or vexatious, or that the particulars
accompanying it are insufficient to allow a proper investigation
to proceed, it shall say so in its report. (11) Sections 3, 4, 13, 14, 21 and 22 of the Commissions of
Inquiry Act shall apply to a Tribunal as if-
(a) the Tribunal were a Commission appointed under the
Act; and
(b) a reference to a Commissioner were a reference to a
member of the Tribunal. [s. 26]
PART VI
MISCELLANEOUS PROVISIONS
30.–(1) Notwithstanding section 4(1) relating to the definition
of “Public leader”, the President may, by notice published in
the Gazette, change, vary or amend the list of public leaders
specified under subsection (1). (2) Where any changes or variations occur in respect of
any title of public leader specified in the Schedule (1), the new
titles shall be deemed to be the proper title under this Act. [s.

ccur in respect of
any title of public leader specified in the Schedule (1), the new
titles shall be deemed to be the proper title under this Act. [s.

27]
31.–(1) A person who without lawful justification makes
an allegation against a public leader under section 25 or 26
knowing it to be false, commits an offence and on conviction,
shall be liable to a fine of not less than two hundred thousand
shillings and not more than one million shillings or to
imprisonment for a term not exceeding two years. (2) A person being a public leader who knowingly, makes
false declaration of his assets or gives any false information in
respect of his assets, commits an offence and on conviction,
shall be liable to a fine of not less than one million shillings and
not more than five million shillings or to imprisonment for a
term not exceeding one year. Cap. 32
Amendment of
Schedule
Offences and
penalties
Act No. 5 of 2001 ss. 7, 12

llion shillings or to imprisonment for a
term not exceeding one year. Cap. 32
Amendment of
Schedule
Offences and
penalties
Act No. 5 of 2001 ss. 7, 12

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.412
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
(3) Notwithstanding subsection (2) the Commissioner-
(a) may, where a public leader is suspected of having
submitted a false declaration of his assets, require the
public leader to confirm or amend the declaration; and
(b) shall, where after the confirmation or amendment, if
any, under paragraph (a), the declaration is still false,
refer the matter to the Tribunal. [s. 28]
32. A fee, remuneration or expense payable in respect of a
Tribunal or for the purposes of the secretariat shall be paid out
of moneys appropriated by Parliament for that purpose. [s. 29]
33. This Act shall not have the effect of limiting or derogating
from the Prevention and Combating of Corruption Act, the
Penal Code or any other written law, and the conclusion of
proceedings under this Act shall not prevent the institution of
criminal or other proceedings under any other law in respect
of the public leader concerned. [s. 30]
34.

this Act shall not prevent the institution of
criminal or other proceedings under any other law in respect
of the public leader concerned. [s. 30]
34.

This Act shall not have the effect of limiting the right of a
Minister or any other public leader to resign as Minister or as
holder of other office of public leader. [s. 31]
35.–(1) The President may make regulations for or with respect
to any matter that is necessary or convenient to be prescribed
for carrying out or giving effect to this Act. (2) Without restricting the generality of subsection (1), the
regulations may prescribe-
(a) fees for the inspection of the register;
(b) procedure for summoning witnesses;
(c) procedures for use by public leaders to divest themselves
of property not permissible under this Act;
Payment of fees,
remuneration or
expenses
Act No. 5 of 2001 s. 7
Act not to
derogate from
other laws
Act No. 5 of 2001 s. 7
Cap. 329
Cap. 16
Act not to prevent
public leader
from resigning
Act No. 5 of 2001 s. 7
Regulations
Acts Nos. 5 of 2001 ss. 7, 13
4 of 2016 s. 74

s. 7
Cap. 329
Cap. 16
Act not to prevent
public leader
from resigning
Act No. 5 of 2001 s. 7
Regulations
Acts Nos. 5 of 2001 ss. 7, 13
4 of 2016 s. 74

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.413
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
(d) the manner in which this Act shall apply to public
leaders who are members of the local government
authorities;
(e) the form to be filled by public leader for the purpose of
declaration of assets under this Act; and
(f) matters that constitute conflict of interest, measures
and procedures for the control of conflict of interest. [s. 32]
36. [Omitted.]
[s. 33]
SCHEDULE
(Made under section 4)
LEADERS IN PUBLIC OFFICES
1. President of the United Republic. 2. Vice-President of the United Republic. 3. President of Zanzibar. 4. Prime Minister. 5. Chief Minister of Zanzibar. 6. Speaker and Deputy Speaker. 7. Chief Justice of the United Republic. 8. Minister, Deputy Minister and Regional Commissioner. 9. Attorney General. 10. Judge and Magistrate. 11. Member of Parliament. 12. Ambassador or High Commissioner representing Tanzania
abroad. 13. Chief Secretary, Permanent Secretary, Deputy Permanent
Secretary, Regional Administrative Secretary and District
Commissioner. 14.

anzania
abroad. 13. Chief Secretary, Permanent Secretary, Deputy Permanent
Secretary, Regional Administrative Secretary and District
Commissioner. 14.

Controller and Auditor-General. 15. Clerk of the National Assembly. 16. Chief of Defence Forces. 17. Inspector-General of Police and Regional Police Commander. 18. Chief of National Service. 19. Principal Commissioner of Prisons. 20. Director-General of Intelligence. 21. Director-General of Prevention and Combating of Corruption
Bureau. Omitted

rincipal Commissioner of Prisons. 20. Director-General of Intelligence. 21. Director-General of Prevention and Combating of Corruption
Bureau. Omitted

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.414
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
22. Mayor, Chairman, Member or Chief Executive Officer of a
local government authority. 23. Governor, Deputy Governor, Chairman, Managing Director,
General Manager or Director-General of a body corporate in
which the Government has a controlling interest. 24. Chairman and members of all commissions appointed on full-
time basis. 25. Public officers in-charge of independent Government
departments. 26. Commissioners for tax at the Tanzania Revenue Authority. 27. Commissioners and Directors in the Government Ministries. 28. Private Secretary to the President. 29. Assistant Private Secretary to the President. 30. Adviser to the President. 31. Assistant to the President. 32. Press Secretary to the President. 33. Assistant Press Secretary to the President. 34. Director of State House Services. 35. Coordinator - Good Governance Coordination Unit. 36. Assistant Coordinator - Good Governance Coordination Unit. 37. Coordinator - Chief Secretary. 38. Coordinator of Administration - State House. 39.

36. Assistant Coordinator - Good Governance Coordination Unit. 37. Coordinator - Chief Secretary. 38. Coordinator of Administration - State House. 39.

Comptroller - State House. 40. Cabinet Clerk. 41. Cabinet Under Secretary. 42. Cabinet Assistant Secretary. 43. Private Secretary to the Vice President. 44. Press Secretary to the Vice President. 45. Assistant to the Vice President. 46. Private Secretary to the Prime Minister. 47. Assistant Private Secretary to the Prime Minister. 48. Press Secretary to the Prime Minister. 49. Assistant to the Prime Minister. 50. Commissioners and Directors in Government Independent
Departments. 51. Directors in Public Corporations and Government Institutions. 52. Directors in the Bank of Tanzania. 53. Secretaries in the Ethics Secretariat. 54. Officers in the Tanzania People’s Defence Forces with the rank
of Brigadier General and above. 55. Police Officers with the rank of Assistant Commissioner and
above. 56. Prisons Officers with the rank of Assistant Commissioner and
above. 57. Chief Medical Officer - Ministry of Healthy.

stant Commissioner and
above. 56. Prisons Officers with the rank of Assistant Commissioner and
above. 57. Chief Medical Officer - Ministry of Healthy.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.415
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
58. District Administrative Secretaries. 59. Chief Executive Officers in Government Agencies. 60. Accountant General. 61. Assistant Accountant General. 62. Deputy Controller and Auditor-General. 63. Assistant Auditor General. 64. Registrar and Deputy Registrar of Court of Appeal and High
Court. 65. Chairman, Members and Secretary of Central Tender Board. 66. Deputy Commissioner of Tanzania Revenue Authority. 67. Executive Secretary in a Commission or Public Corporation. 68. Deputy Executive Secretary in the Commission or Public
Corporation. 69. Deputy Attorney General. 70. Chief Parliamentary Draftsman. 71. Treasury Registrar. 72. Director in a Government Agency . 73. Assistant Director in a Government Ministry, Independent
Department, Government Agency, Public Corporation and
Government Institution. 74. Chief Accountant in a Government Ministry, Independent
Department, Government Agency, Public Corporation and
Government Institution. 75.

titution. 74. Chief Accountant in a Government Ministry, Independent
Department, Government Agency, Public Corporation and
Government Institution. 75.

Chief Internal Auditor in a Government Ministry, Independent
Department, Government Agency, Public Corporation and
Government Institution. 76. Chief Government Statistician. 77. Executive Director in Water and Sewerage Authority. 78. Project Coordinator in a Government Ministry, Government
Agency Independent Department, Government Agency,
Public Corporation and Government Institution. 79. Chief Consultant or Legal Secretary in a Public Corporation. 80. Principal Game Warden in Conservation Area Authority. 81. Vice Chancellor, Chief Administrative Officer, Registrar,
Deputy Registrar, Chief Academic Officer, Dean of Faculty and
Director of Institute in a Public University. 82. Chairman of the prospective College of Engineering and
Technology University of Dar es Salaam. 83. Personnel and Administrative Officer in a Public Corporation. 84. Chief Postal Controller. 85. Port Manager in Tanzania Ports Authority. 86. Civil Aviation Commandant. 87. Chief Librarian of the Tanzania Library Service Board. 88. Principal Scientific Officer. 89. Planning and Monitoring Engineer in the Road Fund Board.

Chief Librarian of the Tanzania Library Service Board. 88. Principal Scientific Officer. 89. Planning and Monitoring Engineer in the Road Fund Board.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.416
THE PUBLIC LEADERSHIP CODE OF ETHICS ACT [CAP. 398 R.E. 2023]
90. Head of Departments in Tanzania Investment Bank. 91. Heads of Departments in Regional Secretaries. 92. Chief Fire Officer of Tanzania Airport Authority. 93. Director of Regional Airports. 94. Zonal Manager for TANROADS. 95. Head of Department of Dar es Salaam Marine Institute. 96. Executive Secretary for UNESCO. 97. Principal Management Analyst and Senior Management
Analyst in the National Institute of Productivity. 98. Head of Department, Chief Engineer, Assistant Chief Engineer
of Tanzania Railway Corporation. 99. Chief Professional Coordinator and Chief Examination
Coordinator of the National Board for Materials Management. 100. Msajili wa Hati. 101. Wasajili Wasaidizi wa Hati wa Kanda. 102. Makamishna wasaidzi katika Taasisi za Umma. 103. Wakuu wa Hazina Ndogo. 104. Wakuu wa Idara, vitengo na sehemu za Ugavi na Manunuzi
katika Wizara, Idara za Serikali, Wakala za Serikali na
Mamlaka za Serikali za Mitaa. 105. Mtendaji Mkuu Shirika la Magazeti (TSN). 106.

i na Manunuzi
katika Wizara, Idara za Serikali, Wakala za Serikali na
Mamlaka za Serikali za Mitaa. 105. Mtendaji Mkuu Shirika la Magazeti (TSN). 106.

Makanali wa Jeshi la Wananchi Tanzania. 107. Waratibu wa Miradi katika Wizara, Idara/Wakala na Taasisi za
Umma. 108. Waganga Wakuu wa Mikoa. 109. Watendaji Wakuu wa Taasisi (CEO’s), Makatibu, Wakurugenzi,
Mameneja katika Taasisi za Umma. 110. Msajili wa Mabaraza ya Ardhi na Nyumba. 111. Wasajili Wasaidizi wa Mabaraza ya Ardhi na Nyumba wa
Kanda. 112. Wenyeviti wa Mabaraza ya Ardhi na nyumba wa Wilaya. 113. Wakuu wa Idara na Vitengo za Serikali za Mitaa. 114. Wakuu wa Polisi wa Wilaya (OCD’s). 115. Wakuu wa Upelelezi wa Wilaya OC (CID). 116. Wakuu wa Upelelezi wa Mikoa (RCO’s). 117. Maafisa Usalama Wilaya; na
118. Maafisa Usalama Mikoa.