The Special Tribunals Act

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CHAPTER 126
THE SPECIAL TRIBUNALS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Establishment of Special Tribunal.
4. Composition of Tribunal.
5. Oath of members of Tribunal.
6. Immunities of members of Tribunal.
7. Jurisdiction.
8. Practice, procedure and evidence.
9. Death or absence of members.
10. Decisions of Tribunal.
11. Functions of other authorities consequential upon certain actions
by Tribunal.
12. Execution of sentences and duties of prisons officers, etc.
13. Finality of decision of Tribunal.
14. Powers of Director of Public Prosecutions.
15. Witnesses.
16. Custody of accused.
17. Regulations.
SCHEDULE

13. Finality of decision of Tribunal.
14. Powers of Director of Public Prosecutions.
15. Witnesses.
16. Custody of accused.
17. Regulations.
SCHEDULE

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CHAPTER 126
THE SPECIAL TRIBUNALS ACT
An Act to make provisions for the establishment of Special Tribunals for
the trial of members of the Police Force, Prisons Service and National
Service charged with mutiny and certain other offences and for related
matters. [R.L. Cap. 556]
[6th March, 1964]
Act No. 21 of 1964
1. This Act may be cited as the Special Tribunals Act. 2. In this Act, unless the context otherwise requires-
“member”, in relation to a Tribunal, includes the president
of the Tribunal;
“Service”, means the Police Force, the Prisons Service or the
National Service;
“Service law” means the Police Force and Auxiliary Services
Act, the Prisons Act or the National Service Act;
“Tribunal” means a Special Tribunal established under
section 3. 3. The President may, by warrant under his hand and the public
seal, establish a Special Tribunal for the trial of any member of
a Service charged with an offence of mutiny contrary to the
relevant Service law.

ic
seal, establish a Special Tribunal for the trial of any member of
a Service charged with an offence of mutiny contrary to the
relevant Service law.

4.–(1) A Tribunal shall consist of a president and such other
members, not being less than two, as may be appointed by the
President. (2) The President shall appoint the Chief Justice of Tanzania
or some other person who holds or who has held high judicial
office to be the president of a Tribunal:
Short title
Interpretation
Cap. 322
Cap. 58
Cap. 193
Establishment of
Special Tribunal
Composition of
Tribunal

fice to be the president of a Tribunal:
Short title
Interpretation
Cap. 322
Cap. 58
Cap. 193
Establishment of
Special Tribunal
Composition of
Tribunal

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THE SPECIAL TRIBUNALS ACT [CAP. 126 R.E. 2023]
Provided that, one of the members shall be a member of the
same Service as any person who is charged before the Tribunal. (3) The other members of a Tribunal shall be appointed
from amongst the gazetted officers or superior officers of the
Services. (4) In this section, “high judicial office” means the office of
a judge of a court, whether within or outside Tanzania having
unlimited jurisdiction in civil or criminal matters or a court
having jurisdiction in appeals from any such court. 5. Each of the members of a Tribunal shall, before entering
upon the duties of his office, take an oath in the form set out
in the Schedule. 6. The members of a Tribunal shall, in the exercise of and in
relation to their functions as such, have the like immunities
from suit and the like privileges as are conferred upon a judge
of the High Court in the exercise of and in relation to the
functions of his office.

s
from suit and the like privileges as are conferred upon a judge
of the High Court in the exercise of and in relation to the
functions of his office.

7.–(1) Subject to the provisions of this Act and in particular to
the provisions of section 8, a Tribunal shall have jurisdiction
and power to-
(a) try any person or class of persons, being a member
of a Service specified in the warrant establishing the
Tribunal for the offence of mutiny contrary to the
relevant Service law and for any other offence contrary
to the Penal Code, the relevant Service law or other
laws and regulations governing the Service of which
the person charged is a member, which may be joined
with any charge of mutiny; and
(b) deal with any person tried by it in the like manner as
if he had been tried by the High Court and as if, in
the case of any charge of mutiny, the High Court had
jurisdiction and, in the case of any person found guilty
of an offence charged, to pass any sentence authorised
by law. Oath of members
of Tribunal
Immunities of
members of
Tribunal
Jurisdiction
Cap. 16

ilty
of an offence charged, to pass any sentence authorised
by law. Oath of members
of Tribunal
Immunities of
members of
Tribunal
Jurisdiction
Cap. 16

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THE SPECIAL TRIBUNALS ACT [CAP. 126 R.E. 2023]
(2) A Tribunal shall have the like power to convict a person
of an offence other than that charged as is conferred on the
High Court. (3) The Tribunal shall have the like powers of the High
Court to summon witnesses, to require them to swear an oath,
to give evidence, and produce documents, and the president
of a Tribunal shall have the like power to try and punish any
person for contempt of the Tribunal as is exercisable by a judge
of the High Court. (4) A Tribunal shall have exclusive jurisdiction to hear
and determine any prosecution for mutiny contrary to the
Prisons Act, the Police Force and Auxiliary Services Act and
the National Service Act, but its jurisdiction in relation to
any other offence shall be concurrent with the courts having
jurisdiction to try the same under the provisions of the
Criminal Procedure Act.

ation to
any other offence shall be concurrent with the courts having
jurisdiction to try the same under the provisions of the
Criminal Procedure Act.

8.–(1) Subject to the provisions of this Act, the practice and
procedure of, and the rules of evidence to be observed by
a Tribunal shall be assimilated as nearly as may be to the
substance of the practice and procedure of, and the rules of
evidence observed by the High Court in the exercise of its
original criminal jurisdiction, save that-
(a) the trial shall be held without assessors and it shall not
be necessary to sum up the evidence; and
(b) the Tribunal shall not be required to deliver a judgment,
but the president of the Tribunal shall state in open
court the Tribunal’s finding on the guilt or innocence
of the accused. (2) Subject to the provisions of subsections (1) and (2) of
section 7, a Tribunal shall have the like powers prior to or
in the course of, a trial under this Act to deal with a person
charged under this Act as are conferred on the High Court in
relation to an accused person prior to or in the course of a trial
before the High Court in the exercise of its original criminal
jurisdiction. Cap. 58
Cap. 322
Cap. 193
Cap. 20
Practice,
procedure and
evidence

trial
before the High Court in the exercise of its original criminal
jurisdiction. Cap. 58
Cap. 322
Cap. 193
Cap. 20
Practice,
procedure and
evidence

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THE SPECIAL TRIBUNALS ACT [CAP. 126 R.E. 2023]
(3) Without prejudice to the generality of the foregoing
provisions of this section-
(a) a Tribunal shall take evidence on oath save that, in
those cases where the High Court may take evidence
on affirmation, or without oath or affirmation, it may
take evidence in similar fashion;
(b) a Tribunal may sit in camera on the ground that it is
necessary or expedient in the interests of justice so to
do;
(c) a Tribunal shall retire while deliberating on its finding
or sentence on any charge, and may retire on any
other deliberation amongst the members, and where a
Tribunal retires to deliberate on any matter, no person
who is not a member shall be present at its deliberations;
and
(d) an accused person shall have the same right to an
advocate in his defence as is enjoyed by a person in the
civil courts.

at its deliberations;
and
(d) an accused person shall have the same right to an
advocate in his defence as is enjoyed by a person in the
civil courts.

9.–(1) Where, after the commencement of a trial by a Tribunal-
(a) the president of the Tribunal dies or is, for any other
reason, unable to proceed with the trial; or
(b) the number of the other members of the Tribunal is, by
reason of death or otherwise, reduced below two,
the trial shall be stopped, but save as provided in paragraph
(a), the reduction in the number of members of the Tribunal,
other than the president, shall not preclude the continuance
and conclusion of the trial before the continuing members. (2) Where a trial is stopped under this section, the accused
may be tried again before another Tribunal. 10.–(1) Subject to the provisions of this section, every question
to be determined on a trial by a Tribunal shall be determined
by a majority of the votes of the members of the Tribunal. (2) In the case of an equality of votes on the finding, the
Tribunal shall acquit the accused. Death or absence
of members
Decisions of
Tribunal

unal. (2) In the case of an equality of votes on the finding, the
Tribunal shall acquit the accused. Death or absence
of members
Decisions of
Tribunal

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THE SPECIAL TRIBUNALS ACT [CAP. 126 R.E. 2023]
(3) In the case of an equality of votes on the sentence, or on
any question arising after the commencement of a trial, except
the finding, the president of the Tribunal shall have a second
or casting vote. 11. Where, prior to, or in the course of a trial by a Tribunal,
the Tribunal deals with the accused or any matter in a similar
manner to that in which the High Court is empowered by law
to deal with a person accused of an offence or matter which the
High Court has jurisdiction to entertain, any authority or person
who is empowered to exercise any function consequential on it
where the accused or matter to have been similarly dealt with
by the High Court, shall have the like power to exercise the
function in relation to the person or matter so dealt with by
the Tribunal.

ly dealt with
by the High Court, shall have the like power to exercise the
function in relation to the person or matter so dealt with by
the Tribunal.

12.–(1) A person sentenced to death or imprisonment by a
Tribunal shall be committed to a civil prison and shall, while
in that prison, be confined and otherwise dealt with in the
same manner as a person confined there under a like sentence
of the High Court:
Provided that-
(a) a sentence of death shall not be carried into effect
unless it has been approved by the President; and
(b) the Tribunal may direct that a sentence of death passed
by it shall be carried out either by shooting or by
hanging and, subject to any directions of the President,
that sentence shall be carried out in the manner so
directed. (2) It shall be the duty of the superintendent or other
person in charge of a prison to receive any person duly sent
to that prison in pursuance of this Act and to confine him
until execution of the sentence is completed or the prisoner is
discharged or delivered over in due course of law. Functions of
other authorities
consequential
upon certain
actions by
Tribunal
Execution of
sentences and
duties of prisons
officers, etc.

urse of law. Functions of
other authorities
consequential
upon certain
actions by
Tribunal
Execution of
sentences and
duties of prisons
officers, etc.

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THE SPECIAL TRIBUNALS ACT [CAP. 126 R.E. 2023]
13.–(1) The decision of a Tribunal in any trial under this Act
shall be final and, notwithstanding any other law, no appeal
shall lie from it, and the proceedings before a Tribunal under
this Act shall not be subject to enquiry or review by any other
court. (2) An acquittal or conviction by a Tribunal shall have the
same effect in relation to the retrial before another Tribunal
or any other court of the person acquitted or convicted as an
acquittal or conviction by the High Court. 14.–(1) The Director of Public Prosecutions shall have the like
power and authority in relation to a person whom a Tribunal
has jurisdiction to try and to the charges to be preferred as is
conferred on him in relation to a person who may be tried by
the High Court and the charges in that Court, and the Director
shall be subject to like directions in relation to first named
person as those to which he is subject in relation to a person
who may be tried by the High Court.

bject to like directions in relation to first named
person as those to which he is subject in relation to a person
who may be tried by the High Court.

(2) The powers of the Director may be exercised by himself
or, subject to his instructions, by any persons who may, in
accordance with the provisions of the Criminal Procedure Act,
exercise the powers of the Director in the High Court. 15. A witness before a Tribunal or any other person whose
duty it is to attend on or before a Tribunal shall be entitled
to the like immunities and privileges as a witness before the
High Court. 16. A person who has been charged under this Act with an
offence which is to be tried by a Tribunal may, unless the
Director of Public Prosecutions determines that such or any
other charge shall not be proceeded with, and pending the
determination of the trial, be detained in custody and every
person so detained shall be deemed to be detained in lawful
custody. Finality of
decision of
Tribunal
Powers of
Director of Public
Prosecutions
Cap. 20
Witnesses
Custody of
accused

emed to be detained in lawful
custody. Finality of
decision of
Tribunal
Powers of
Director of Public
Prosecutions
Cap. 20
Witnesses
Custody of
accused

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THE SPECIAL TRIBUNALS ACT [CAP. 126 R.E. 2023]
17.–(1) The President may make regulations-
(a) for the procedure to be followed in charging a person
before a Tribunal and for the taking of abstracts or
summaries of evidence;
(b) prescribing the procedure to be taken prior to the trial
of a person under this Act;
(c) modifying or adapting the rules of procedure relating
to the making and use of depositions and prescribing
the use of the abstracts or summaries of evidence in
their place. (2) Regulations made under this section may apply to all
Tribunals or to the Tribunals which are specified by this Act.

es of evidence in
their place. (2) Regulations made under this section may apply to all
Tribunals or to the Tribunals which are specified by this Act.

SCHEDULE
(Made under section 5)
OATH OF A MEMBER OF A SPECIAL TRIBUNAL
I, ......................................................................................., do swear that I
will well and truly try all persons who are charged before the Tribunal
according to the evidence, and that I will duly administer justice
according to the Special Tribunals Act, without fear or favour, affection
or ill will, and I do further swear that I will not on any account at any
time disclose or discover the vote or opinion of any member of the
Tribunal, unless I am so required in due course of law. SO HELP ME GOD
Regulations