The Stock Theft (Prevention) Act

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CHAPTER 265
THE STOCK THEFT (PREVENTION) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title and application.
2. Interpretation.
3. Possession of stock suspected of having been stolen.
4. Trespass with intent to steal stock.
5. Being found near stock in suspicious circumstances.
6. Fences around stock enclosure or cattle boma.
7. Offences relating to brands.
8. Alternative verdicts.
9. Person convicted of theft of stock.
10. Rewards.
11. Arrest.
12. Enquiry by magistrate where theft of stock apprehended.
13. Order by magistrate.
14. Failure to comply with order.
15. Power to seize stock.
16. Action under this Act not to affect proceedings in court in
certain circumstances.
17. Indemnity to persons acting in good faith.
SCHEDULE

stock.
16. Action under this Act not to affect proceedings in court in
certain circumstances.
17. Indemnity to persons acting in good faith.
SCHEDULE

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1.–(1) This Act may be cited as the Stock Theft (Prevention)
Act. (2) This Act shall apply throughout the whole area of Mainland
Tanzania. 2.–(1) In this Act, unless the context otherwise requires-
“authorised officer” means any administrative officer, any
police officer not below the rank of sub-inspector and any
other person declared by the Minister for Home Affairs
by notice in the Gazette to be an authorised officer for the
purposes of this Act;
“community” means the people of any area or place or of any
tribe or sub-division of a tribe, and includes a family or
group of families;
“fence” includes any hedge, wall or other erection for enclosing
stock;
“leader” includes an elder, a headman or chief;
“occupier” includes a native or native community lawful
occupying or using public land as a cattle boma in
accordance with native law and custom;
“owner” includes the occupier and person in charge of or
having supervision of any property;
Short title and
application
Act No. 13 of 1984
3rd Sch. Interpretation
Ord. No. 30 of 1961 s.2;
Acts Nos.

ge of or
having supervision of any property;
Short title and
application
Act No. 13 of 1984
3rd Sch. Interpretation
Ord. No. 30 of 1961 s.2;
Acts Nos.

13 of 1984
3rdSch. 12 of 1987 s.24
CHAPTER 265
THE STOCK THEFT (PREVENTION) ACT
An Act to more effectually prevent the theft of stock. [13th May, 1960]
Ords Nos. 2 of 1960
30 of 1961
Acts Nos. 2 of 1972
13 of 1984
12 of 1987
12 of 1998

t to more effectually prevent the theft of stock. [13th May, 1960]
Ords Nos. 2 of 1960
30 of 1961
Acts Nos. 2 of 1972
13 of 1984
12 of 1987
12 of 1998

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THE STOCK THEFT (PREVENTION) ACT [CAP. 265 R.E. 2023]
“private land” means freehold or leasehold land, or land
deemed under the provisions of any law for the time
being in force to be freehold or leasehold land, and land
occupied under a right of occupancy granted under
section 30 of the Land Act;
“public land” means land other than private land;
“specified area” means any area specified in any information,
order, direction or document, and as opposed to the
whole area of the United Republic;
“stock” means any of the animals mentioned in section 268
of the Penal Code and any of their young;
“stock enclosure” means any area of private land enclosed
or surrounded or substantially enclosed or surrounded
by a fence and in or upon which stock is present or is
habitually kept; and
“theft” includes every offence punishable under Division V
of the Penal Code. (2) The expression “in possession of” has the meaning ascribed
to the expression “be in possession of ” in section 5 of the Penal
Code.

he Penal Code. (2) The expression “in possession of” has the meaning ascribed
to the expression “be in possession of ” in section 5 of the Penal
Code.

(3) [Repealed by Economic and Organised Crime Control
Act.]
3.–(1) Where any person is found in a specified area to be in
possession of any stock in circumstances which may reasonably
lead to the belief that such stock has been stolen, such person
shall, unless he gives an account which satisfied the court that
the possession was lawful, be deemed to have stolen the same
and shall be liable to any of the penalties prescribed for theft
of stock. (2) In subsection (1) “stock” includes the meat, hide, skin,
or any part of any animal within the definition of “stock” in
section 2 of this Act. Cap. 113
Cap. 16
Cap. 16
Cap. 16
Act No. 13 of 1984
Possession of
stock suspected
of having been
stolen

efinition of “stock” in
section 2 of this Act. Cap. 113
Cap. 16
Cap. 16
Cap. 16
Act No. 13 of 1984
Possession of
stock suspected
of having been
stolen

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530
4.–(1) A person who in a specified area-
(a) unlawfully enters into or upon land owned by another
or into or upon any cattle boma occupied in accordance
with the native law or custom with intent to steal any
stock in or upon such land or cattle boma; or
(b) having lawfully entered into or upon that land or cattle
boma unlawfully remains there with intent to steal any
stock in or upon that land or cattle boma,
commits an offence and on conviction shall be liable to
imprisonment for a term not exceeding three years or to a
fine not exceeding five thousand shillings or to both.

and on conviction shall be liable to
imprisonment for a term not exceeding three years or to a
fine not exceeding five thousand shillings or to both.

(2) Where any person has in a specified area unlawfully
entered, or, having lawfully entered has unlawfully remained,
in or upon any stock enclosure or cattle boma owned by
another or occupied in accordance with customary law, then,
in any proceedings under subsection (1), the burden of proof
that person did not enter or remain, in or upon the stock
enclosure or cattle boma with intent to steal any stock shall be
upon that person. 5. A person found in a specified area near any stock in
circumstances which may reasonably lead to the belief that
person is there for the purpose of stealing any of the stock or of
doing or omitting to do any act for the purpose of enabling or
aiding another person to steal any of the stock shall, unless he
gives an account which satisfies the court that he was there for
some lawful purpose, commits an offence and on conviction
shall be liable to imprisonment for a term not exceeding two
years or to a fine not exceeding four thousand shillings or
to both. 6.

and on conviction
shall be liable to imprisonment for a term not exceeding two
years or to a fine not exceeding four thousand shillings or
to both. 6.

A person who, in a specified area, passes through, over
or under, or tampers with, any fence enclosing partly stock
enclosure or a cattle boma occupied in accordance with native
law and custom without the consent of the owner, shall, unless
he satisfies the court that he had a reasonable excuse for so
Trespass with
intent
to steal stock
Act No. 2 of 1972 s.11
Being found
near stock in
suspicious
circumstances
Act No. 2 of 1972 s.12
Fences around
stock enclosure or
cattle boma
Act No. 2 of 1972 s.13

972 s.11
Being found
near stock in
suspicious
circumstances
Act No. 2 of 1972 s.12
Fences around
stock enclosure or
cattle boma
Act No. 2 of 1972 s.13

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THE STOCK THEFT (PREVENTION) ACT [CAP. 265 R.E. 2023]
doing, commit an offence and on conviction shall be liable to
imprisonment for a term not exceeding two years or to a fine
not exceeding four thousand shillings or to both. 7. A person who with intent to deceive-
(a) brands or marks with any distinctive mark any stock
of which he is not the owner, or with intent to deceive,
causes, directs or permits any stock of which he is not
the owner to be branded or marked with his distinctive
mark; or
(b) obliterates, defaces or otherwise renders illegible, or
alters, any brand or distinctive mark upon any stock
of which he is not the owner, or with intent to deceive,
directs, causes or permits that brand or mark to be
obliterated, defaced or otherwise rendered illegible, or
altered,
commits an offence and on conviction shall be liable to
imprisonment for a term not exceeding three years or to a
fine not exceeding five thousand shillings or to both. 8.

d on conviction shall be liable to
imprisonment for a term not exceeding three years or to a
fine not exceeding five thousand shillings or to both. 8.

A person charged with theft of stock may be found guilty of
an offence under section 4, 5, 6 or 7 of this Act, although not
charged with that offence. 9. In its application to an accused person convicted of theft
of stock, section 182 of the Criminal Procedure Act, shall be
read and construed as if for the sum specified in the proviso
to subsection (1) thereof there were substituted the sum of ten
thousand shillings. 10. A court may award to any person or persons giving
information which had led to a conviction for an offence
under this Act or for theft of stock under the Penal Code any
sum or sums not exceeding altogether one thousand shillings,
provided that sum or sums shall not exceed one-half of any
fine paid. Offences relating
to brands
Act No. 2 of 1972 s.14
Alternative
verdicts
Person convicted
of theft of stock
Cap. 20
Rewards
Cap. 16

f of any
fine paid. Offences relating
to brands
Act No. 2 of 1972 s.14
Alternative
verdicts
Person convicted
of theft of stock
Cap. 20
Rewards
Cap. 16

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532
11.–(1) Without prejudice to any other law in force, where any
person is seen or found committing or is reasonably suspected
of having committed an offence under section 4, 5, 6 or 7 of
this Act, the owner of the property in question may arrest such
person without warrant if he has reason to believe that unless
he is arrested he may not afterwards be found without undue
delay, trouble or expense. (2) A person apprehended under this section shall be taken
before a magistrate, immediately without undue delay. (3) A person making an arrest under subsection (1) of this
section may hand over any person so arrested to a police officer
or administrative officer, who shall take the arrested person
before a magistrate immediately without undue delay. (4) A person handing over an arrested person under the
provisions of the last preceding subsection shall give the officer
to whom the arrested person is handed over a full statement
setting out the circumstances under which the arrest was made.

tion shall give the officer
to whom the arrested person is handed over a full statement
setting out the circumstances under which the arrest was made.

12.–(1) When a magistrate is informed that any members of
any community within a specified area are likely to act in a
manner which may lead to bloodshed or to theft of stock he
shall proceed to enquire into the truth of that information. (2) An enquiry under subsection (1) shall, so far as may
be practicable, be conducted in the manner prescribed in
the Criminal Procedure Act for conducting trials before a
subordinate court. (3) When conducting any enquiry under subsection (1) a
magistrate shall sit with two members either from the village
council or the district council and shall not be bound by the
rules of evidence but may receive any evidence which appears
to him to be relevant. (4) The magistrate court which has jurisdiction over the
area where the offence was committed shall try the offence
under this Act:
Provided that, in this section, the term “magistrate” means
a resident magistrate, a district magistrate or a primary court
magistrate. Arrest
Enquiry by
magistrate
where theft
of stock
apprehended
Ord. No. 30 of 1961 s.3;
Act No. 12 of 1998
Sch. Cap. 20

or a primary court
magistrate. Arrest
Enquiry by
magistrate
where theft
of stock
apprehended
Ord. No. 30 of 1961 s.3;
Act No. 12 of 1998
Sch. Cap. 20

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THE STOCK THEFT (PREVENTION) ACT [CAP. 265 R.E. 2023]
13.–(1) Where, after enquiry under section 12, the magistrate
is satisfied that any members of any community within a
specified area are likely to act in a manner which may lead
to bloodshed or to theft of stock, he may by order in writing
direct that if within any period, not exceeding one year, as may
be specified in the order, the members of that community fail
to keep the peace and be of good behaviour, then stock of a
value not exceeding any amount which may be specified in the
order shall be taken from that community and be confiscated. (2) When any leader of a community in respect of which the
magistrate has made an order under subsection (1) is present
in court, the order shall be read over and explained to him; if
the leader is not present in court the magistrate shall issue a
summons requiring his attendance and shall on his appearance
in court read over and explain the order to him.

nt in court the magistrate shall issue a
summons requiring his attendance and shall on his appearance
in court read over and explain the order to him.

(3) The provisions of the Criminal Procedure Act relating
to criminal summonses for accused persons and the power
to arrest for disobedience of the summonses shall apply to
summons issued under subsection (2). 14.–(1) Where a magistrate is informed that any members of a
community in respect of which an order has been made under
subsection (1) of section 13 have, within the period specified
in the order-
(a) acted in such a manner as to have caused or to have
been likely to cause bloodshed; or
(b) stolen stock,
he shall enquire into that information in any manner which
he may think fit, giving, if practicable, representatives of
the community an opportunity of being heard, and if he is
satisfied of the truth of the information he shall order that
stock to the value of the amount specified in the order made
under section 13(1), or any part of the amount which he may
think fit, shall be taken from the community or any member
or member of that community and be confiscated. (2) An order of a magistrate under this section shall be final. Order by
magistrate
Ord. No. 30 of 1961 s.3
Cap. 20
Failure to comply
with order
Ord. No. 30 of 1961 s.3

magistrate under this section shall be final. Order by
magistrate
Ord. No. 30 of 1961 s.3
Cap. 20
Failure to comply
with order
Ord. No. 30 of 1961 s.3

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534
(3) Where any stock is confiscated pursuant to an order of
a magistrate under this section that stock shall become the
property of the Government and thereupon any right or title
to that stock in the community or any member or members
of the community from which the stock was seized shall be
extinguished. 15.–(1) Where any authorised officer is satisfied that-
(a) any stock has been stolen, whether within a specified
area or not; and
(b) members of a community within a specified area-
(i) have taken part in the theft;
(ii) are sheltering or otherwise in any manner aiding or
assisting any person who took part in the theft; or
(iii) are concealing any of the stock,
he may seize from that community or any member or
members of that community and detain stock to the value of
the stock stolen.

aling any of the stock,
he may seize from that community or any member or
members of that community and detain stock to the value of
the stock stolen.

(2) A seizure by an authorised officer under subsection
(1) shall be reported immediately to the magistrate who shall
hold an enquiry into the facts of the case in any manner
which he shall think fit, giving, if practicable, representatives
of the community from which the stock has been seized an
opportunity of being heard. (3) Where, after enquiry under subsection (2), the magistrate
is satisfied that the seizure of the stock was justified, he may
order that all the stock, or any specified number of them, be
given to the person from whom stock was stolen. (4) Notwithstanding subsection (3), if by reason of the
provisions of the Animal Diseases Act an order cannot be
carried into effect, the magistrate may order that all the stock,
or any specified number thereof, be sold and the proceeds of
the sale be given to the person from whom stock was stolen. (5) Where a magistrate makes an order under subsection
(3) in respect of a specified number only of stock seized under
the provisions of this section, he shall order that any remaining
Power to seize
stock
Ord. No. 30 of 1961 s.3
Cap. 156

ber only of stock seized under
the provisions of this section, he shall order that any remaining
Power to seize
stock
Ord. No. 30 of 1961 s.3
Cap. 156

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THE STOCK THEFT (PREVENTION) ACT [CAP. 265 R.E. 2023]
stock be returned to the community from which that stock was
seized. (6) Where a magistrate holding an enquiry under subsection
(2) is not satisfied that the seizure of stock was justified he-
(a) shall order that the stock be returned to the community
from which it was seized; and
(b) may order that any compensation which he may think
just be paid to the community in respect of the seizure. (7) An order of a magistrate under this section shall be final. 16.–(1) Where any stock has been confiscated, seized, sold,
or disposed of in any other manner in accordance with the
provisions of sections 12, 13, 14 or 15 and the confiscation,
seizure, sale or disposal has been the subject of an order of
a magistrate following an enquiry under those provisions, no
civil proceedings shall be commenced in any court by any
person in respect of the confiscation, seizure, sale or disposal
of that stock.

rovisions, no
civil proceedings shall be commenced in any court by any
person in respect of the confiscation, seizure, sale or disposal
of that stock.

(2) Save as provided in subsection (1) an action taken under
the provisions of sections 12, 13, 14 or 15 shall not be deemed
to be a bar to any civil or criminal proceedings in any court. 17. An act done or omitted to be done by any person acting
or purporting to act under the provisions of this Act shall not
if done in good faith in the execution of his duty, subject that
person personally to any liability, action, claim or demand. SCHEDULE
[Repealed by Act No. 13 of 1984, 3rd Sch.]
Action under this
Act
not to affect
proceedings
in court in certain
circumstances
Ord. No. 30 of 1961 s.3
Indemnity to
persons
acting in good
faith
Ord. No. 30 of 1961 s.3

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