The Tanzania Posts and Telecommunications (Vesting of Assets and Liabilities) Act

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CHAPTER 305
THE TANZANIA POSTS AND TELECOMMUNICATIONS
(VESTING OF ASSETS AND LIABILITIES) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title and application.
2. Interpretation.
part ii
DISSOLUTION AND VESTING PROVISIONS
3. Dissolution of former Corporation.
4. Vesting of assets and liabilities of former Corporation into new entities.
part iii
CONSEQUENTIAL AND TRANSITIONAL PROVISIONS
5. Transitional period.
6. Appointment of Transition Management Committee.
7. Provisions regarding Tanzania Posts and Telecommunications
Corporation employees.
8. Provisions applicable to transferred staff.
9. Continuation and completion of disciplinary proceedings.
10. Repeal.
11. Savings.

oration employees.
8. Provisions applicable to transferred staff.
9. Continuation and completion of disciplinary proceedings.
10. Repeal.
11. Savings.

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PART I
PRELIMINARY PROVISIONS
1.–(1) This Act may be cited as the Tanzania Posts and
Telecommunications (Vesting of Assets and Liabilities) Act. (2) This Act shall apply to Tanzania Zanzibar as well as to
Mainland Tanzania. 2. In this Act, unless the context otherwise requires-
“assets” includes all property movable or immovable and all
estates, easements and rights whether equitable or legal
in, to or out of property, choses-in-action, money and
goodwill;
“Commission” means the Tanzania Communications Commission
established by the Tanzania Communications Act;
“Committee” means the Transition Management Committee
established by section 6;
“Company” means the Tanzania Telecommunications
Company Limited which is required by this Act to be
established;
“Corporation” means the Tanzania Posts Corporation
established by the Tanzania Posts Corporation Act;
Short title and
application
Interpretation
Cap. 302
Cap.

tion” means the Tanzania Posts Corporation
established by the Tanzania Posts Corporation Act;
Short title and
application
Interpretation
Cap. 302
Cap.

303
CHAPTER 305
THE TANZANIA POSTS AND TELECOMMUNICATIONS
(VESTING OF ASSETS AND LIABILITIES) ACT
An Act to vest the assets and liabilities of the Tanzania Posts and
Telecommunications Corporation into new designated entities and to
provide for other related transitional matters. [1st January, 1994]
[s.1(1)]
Act No. 21 of 1993

ations Corporation into new designated entities and to
provide for other related transitional matters. [1st January, 1994]
[s.1(1)]
Act No. 21 of 1993

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THE TANZANIA POSTS AND TELECOMMUNICATIONS (VESTING OF ASSETS AND LIABILITIES) ACT [CAP. 305 R.E. 2023]
“former corporation” means the Tanzania Posts and
Telecommunications Corporation established by the
Tanzania Posts and Telecommunications Corporation Act;
“liabilities” means liabilities, debts, charges, duties and
obligations of every description, whether present or
future, actual or contingent, and whether payable to
be observed or performed in the United Republic or
elsewhere;
“Minister” means the Minister responsible for matters
relating to posts and telecommunications;
“rights” means all rights, powers, privileges and immunities,
whether actual, contingent or prospective;
“vesting date” means the date on which assets, and liabilities
to which the former corporation was entitled or subject
to, are transferred to and vested in the Commission, the
Company or the Corporation. PART II
DISSOLUTION AND VESTING PROVISIONS
3.

entitled or subject
to, are transferred to and vested in the Commission, the
Company or the Corporation. PART II
DISSOLUTION AND VESTING PROVISIONS
3.

With effect from the date of commencement of this Act, (in
this Act referred to as the vesting date) the former Corporation
shall be deemed to have dissolved. 4.–(1) Consequent upon the split of the former Corporation
into the Company and the Corporation, all assets and liabilities
to which the former Corporation was entitled or subject to,
immediately before the vesting date shall, with effect from
the date of coming into operation of this Act, by virtue of this
section and without further assurance-
(a) in respect of telecommunications services, be
transferred to and vest in the Company;
(b) in respect of postal service, be transferred to and vest in
the Corporation; and
(c) in respect of telecommunications regulatory services,
be transferred to and vest in the Commission. Dissolution
of former
Corporation
Vesting of assets
and liabilities
of former
Corporation into
new entities

transferred to and vest in the Commission. Dissolution
of former
Corporation
Vesting of assets
and liabilities
of former
Corporation into
new entities

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THE TANZANIA POSTS AND TELECOMMUNICATIONS (VESTING OF ASSETS AND LIABILITIES) ACT [CAP. 305 R.E. 2023]
(2) The Minister shall, within not more than twelve months
from the vesting date and upon advice by the Committee,
by notice published in the Gazette, determine the assets
and liabilities allocated to the Company, Corporation and
Commission respectively. (3) Every person who, immediately before the vesting
date, was managing the affairs and business of the former
Corporation shall, upon and after the vesting date do all things
that are necessary or desirable, subject to such directions as the
Committee may give, for the effectual vesting in accordance
with this Act of the assets and liabilities of the former
Corporation subsisting immediately before the vesting date.

effectual vesting in accordance
with this Act of the assets and liabilities of the former
Corporation subsisting immediately before the vesting date.

(4) Where before the vesting date any person who was
responsible for the management of the affairs and business of
the former Corporation does, or purports to do, any lawful act
in relation to the assets and liabilities of the former Corporation
which is done after the vesting date would be necessary or
desirable for the more effectual vesting of the assets and
liabilities of the former Corporation in Company, Corporation
or the Commission, such lawful act shall be deemed to have
been done under this Act and its performance by that person
shall not be called into question in any court by reason only of
that act having been done before the vesting date. (5) Notwithstanding the preceding provisions, no person
shall, after the enactment of this Act but before the vesting
date, transfer or enter into any transaction which might, on
or after the vesting date, result in the transfer of any of the
assets of the former Corporation in any manner other than
that provided for by this Act.

after the vesting date, result in the transfer of any of the
assets of the former Corporation in any manner other than
that provided for by this Act.

(6) For the avoidance of doubt, any reference to-
(a) assets in respect of telecommunications or postal
services to which the former Corporation was entitled
to is a reference to land, property and choses-in-action
of the Corporation whether situated in the United
Republic or elsewhere; and

ion was entitled
to is a reference to land, property and choses-in-action
of the Corporation whether situated in the United
Republic or elsewhere; and

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THE TANZANIA POSTS AND TELECOMMUNICATIONS (VESTING OF ASSETS AND LIABILITIES) ACT [CAP. 305 R.E. 2023]
(b) rights and liabilities in respect of telecommunications
and postal services to which the former Corporation is
entitled or subject to is a reference to rights which the
former Corporation is entitled to or liabilities to which
the former Corporation is subject to whether under
the laws of the United Republic or any country outside
the United Republic and includes rights and liabilities
arising out under loans raised for telecommunications
or postal services. (7) Every chose-in-action transferred by subsection (1) to
the Company, Corporation or Commission, may, on or after the
vesting date, be sued on, recovered or enforced by Company,
Corporation or Commission, in its own name and it shall not
be necessary for the Company, Corporation or Commission to
give notice to the person bound by the chose-in section of the
transfer effected by this subsection.

ary for the Company, Corporation or Commission to
give notice to the person bound by the chose-in section of the
transfer effected by this subsection.

(8) Every asset and liability transferred by subsection (1)
to the Company, Corporation or Commission, may, on or
after the vesting date, be sued on, recovered or enforced by or
against the Company, Corporation or the Commission, in its
own name and it shall not be necessary for the Company, the
Corporation or the Commission to give notice of the transfer
to the person whose asset or liability is transferred by this
section. (9) In the case of assets and liabilities arising under any loans
which vest in the Company, Corporation or Commission on
the vesting date, the Company, Corporation or Commission,
may enter into such arrangements or agreements over such
rights and liabilities with the Government of the United
Republic or any other third party. (10) An assets and liabilities of the former Corporation
which are not vested either in the Company, Corporation or
Commission shall, at the end of the transitional period, be
dealt with by the Company, Corporation or Commission, in
such manner as the Minister shall determine.

shall, at the end of the transitional period, be
dealt with by the Company, Corporation or Commission, in
such manner as the Minister shall determine.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.424
THE TANZANIA POSTS AND TELECOMMUNICATIONS (VESTING OF ASSETS AND LIABILITIES) ACT [CAP. 305 R.E. 2023]
(11) A person who fails or refuses to comply with the
provisions of this section, commits an offence and on
conviction shall liable to a fine not exceeding five hundred
thousand shillings or imprisonment for a term not exceeding
three years or to both. PART III
CONSEQUENTIAL AND
TRANSITIONAL PROVISIONS
5. There shall be a transitional period of not more than
twelve months within which, subject to this Act, all necessary
measures shall be taken to facilitate the winding-up of the
affairs and business of the former Corporation, the effectual
transfer and vesting of its assets and liabilities and the transfer
of and discharge of the affairs of the employees of the former
Corporation.

ectual
transfer and vesting of its assets and liabilities and the transfer
of and discharge of the affairs of the employees of the former
Corporation.

6.–(1) There is established a Committee to be known as the
Transition Management Committee which shall consist of-
(a) a Chairman who shall be appointed by the Minister;
(b) the Attorney General or his representative;
(c) the Director General of the Commission;
(d) the Managing Director of the Company; and
(e) the Postmaster General. (2) The Committee shall, subject to such directions as the
Minister may issue in that behalf, regulate the procedure for
the conduct of its business, and be answerable to the Minister
for the overall conduct of the transitional functions referred to
in section 5. (3) Notwithstanding the generality of the preceding
provisions, the Committee shall-
(a) complete the transfer of all assets and liabilities to
the Company, Corporation or Commission and deal
with any such matters incidental to the transfer as are
necessary;
Transitional
period
Appointment
of Transition
Management
Committee

mission and deal
with any such matters incidental to the transfer as are
necessary;
Transitional
period
Appointment
of Transition
Management
Committee

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THE TANZANIA POSTS AND TELECOMMUNICATIONS (VESTING OF ASSETS AND LIABILITIES) ACT [CAP. 305 R.E. 2023]
(b) transfer all employees and affairs of the former
Corporation to the Company, Corporation or
Commission in the manner set out under sections 7, 8
and 9; and
(c) deal with any residual property, assets and liabilities
of the former Corporation in any manner that shall be
deemed expedient. (4) All the expenses of the Committee shall be funded by
the Company and be finally recovered from the accounts of the
former Corporation as winding up expenses and the Committee
and its staff shall be paid such fees, salaries and allowances as
the Minister shall, upon advice by the Committee, determine. 7.–(1) Subject to this Act, the employees of the former
Corporation shall, with effect from the vesting date be
transferred to and be employed by the Company, the
Corporation or the Commission.

f the former
Corporation shall, with effect from the vesting date be
transferred to and be employed by the Company, the
Corporation or the Commission.

(2) The Committee shall, not later than the end of the
transitional period, and with the approval of the Minister,
finally determine which of the employees of the former
Corporation shall be employed by the Company, Corporation
or Commission. (3) With effect from the vesting date-
(a) the Company shall accept into its employment, subject
to this Act, every person who immediately before the
vesting date was employed by the former Corporation
in its telecommunications services and is designated by
the Committee for employment by the Company;
(b) the Corporation shall accept into its employment,
subject to this Act, every person who immediately
before the vesting date was employed by the former
Corporation in its postal services and is designated by
the Committee for employment by the Corporation;
and
Provisions
regarding
Tanzania Posts
and Telecom-
munications
Corporation
employees

designated by
the Committee for employment by the Corporation;
and
Provisions
regarding
Tanzania Posts
and Telecom-
munications
Corporation
employees

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THE TANZANIA POSTS AND TELECOMMUNICATIONS (VESTING OF ASSETS AND LIABILITIES) ACT [CAP. 305 R.E. 2023]
(c) the Commission shall accept into its employment,
subject to this Act, every person who immediately
before the vesting date was employed by the former
corporation in its regulatory services and is designated
by the Committee for employment by the Commission. 8.–(1) With effect from the vesting date, every employee
transferred from the former Corporation shall be employed
by the new employer on terms not less favourable than those
applicable to him before his transfer. (2) Until such time as new schemes, terms and conditions
of service are drawn up by the Company, Corporation or
Commission, the schemes, terms and conditions of service
in the former Corporation shall continue to apply to every
person transferred under subsection (1) to the services of the
Company, Corporation or Commission, as if he was still in the
service of the former Corporation.

ansferred under subsection (1) to the services of the
Company, Corporation or Commission, as if he was still in the
service of the former Corporation.

(3) Where any person who is transferred to the service of
the Company, Corporation or Commission, under subsection
(1) is a member of any statutory or voluntary pension scheme
or provident fund he shall for the purposes of this Act continue
to be governed by the same regulations under those schemes
or funds as if he had not been transferred to the service of the
Company, Corporation or Commission, and for the purposes
of the regulations governing those schemes, his services with
the Company or the Corporation the Commission, shall be
deemed to be services in the former Corporation. (4) The Company, Corporation or Commission, shall
continue to be liable to former employees of the former
Corporation or its predecessors, who have retired on or before
the date of coming into operation of this Act, such pension
benefits payable as they are entitled to under the regulations of
those pensions schemes. Provisions
applicable to
transferred staff

Act, such pension
benefits payable as they are entitled to under the regulations of
those pensions schemes. Provisions
applicable to
transferred staff

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THE TANZANIA POSTS AND TELECOMMUNICATIONS (VESTING OF ASSETS AND LIABILITIES) ACT [CAP. 305 R.E.

produced or distributed without permission of OAG.427
THE TANZANIA POSTS AND TELECOMMUNICATIONS (VESTING OF ASSETS AND LIABILITIES) ACT [CAP. 305 R.E.

2023]
9.–(1) Where on the date of coming into operation of this Act-
(a) any disciplinary proceedings have been initiated
against any employee of the former Corporation and
the proceedings are still pending before the former
Corporation or in the course of being heard or
investigated by the former Corporation or had been
heard or investigated by the former Corporation and
no order or decision had been rendered thereon; or
(b) any such employee has been interdicted or suspended,
the Company, Corporation or the Commission, as the case
may be, shall-
(i) in the case of paragraph (a), carry on and complete
the hearing or investigation and make an order or
render a decision; and
(ii) in the case of paragraph (b), deal with the employee
in such manner as it thinks appropriate having
regard to the evidence against him, including
the institution and completion of disciplinary
proceedings and the making of an order or the
rendering of a decision,
as if such disciplinary proceedings had been commenced
by the Company, Corporation or Commission, to which the
employee would be employed.

a decision,
as if such disciplinary proceedings had been commenced
by the Company, Corporation or Commission, to which the
employee would be employed.

(2) Where on the date of coming into operation of this Act,
any penalty, other than dismissal, has been imposed on any
employee of the former Corporation pursuant to disciplinary
proceedings against him and the penalty has not been,
or remains to be, served by that employee, he shall on his
transfer to the Company, Corporation or Commission, under
subsection (1) serve or continue to serve that penalty to its full
term as if it had been imposed by the Company, Corporation
or Commission and the penalty shall remain valid against the
employee on his transfer and shall continue in full force and
effect until he has served the penalty in full. Continuation
and completion
of disciplinary
proceedings

transfer and shall continue in full force and
effect until he has served the penalty in full. Continuation
and completion
of disciplinary
proceedings

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THE TANZANIA POSTS AND TELECOMMUNICATIONS (VESTING OF ASSETS AND LIABILITIES) ACT [CAP. 305 R.E. 2023]
10. [Repeals the Tanzania Posts and Telecommunications
Corporation Act.]
11. Notwithstanding the repeal of the Tanzania Posts and
Telecommunications Corporation Act, all subsidiary legislation
made under it which were in force immediately before the
vesting date and which are required for the continuation of
the business of the former Corporation shall continue in force
until they are revoked or replaced.
Repeal
Act No.
15 of 1977
Savings
Act No.
15 of 1977