The Visiting Forces Act

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CHAPTER 194
THE VISITING FORCES ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title and extension.
2. Omitted.
3. Application.
4. Interpretation.
5. Exercise of powers by service courts of countries sending visiting forces.
6. Tanzania courts to have regard to sentences of service courts.
7. Arrest, etc., of offenders against Mainland Tanzania laws.
8. Restriction on proceedings relating to service of members of visiting force.
9. Apprehension, etc., of deserters and absentees without leave.
10. Application of certain enactments to visiting forces.
11. Evidence for purposes of section 6.
12. Evidence for purposes of section 9.
13. General provisions relating to evidence.
14. Provisions of Act not to oust jurisdiction of Tanzania courts.
15. Maintenance of visiting force to be lawful.

al provisions relating to evidence.
14. Provisions of Act not to oust jurisdiction of Tanzania courts.
15. Maintenance of visiting force to be lawful.

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1. This Act may be cited as the Visiting Forces Act, and extends
to Mainland Tanzania as well as Tanzania Zanzibar. 2. [Omitted: Incorporated into s. 1.]
[s. 1A]
3.–(1) References in this Act to a country to which a provision
of this Act applies are references to any country designated
for the purposes of that provision by an order made under
subsection (2). (2) The President may, as respects any country, where it
appears to him expedient that the provisions of this Act, or
any of them, should have effect in relation to that country, by
order designate that country for purposes of those provisions. (3) Where an order is made under subsection (2) in respect
of any country, the President may, by the same or by another
order, provide that in so far as this Act has effect in relation to
that country it shall have effect subject to such limitations or
modifications as may be specified in the order. (4) An order made under subsection (2) or subsection (3)
shall be published in the Gazette. [s.

ons or
modifications as may be specified in the order. (4) An order made under subsection (2) or subsection (3)
shall be published in the Gazette. [s.

2]
Short title and
extension
Omitted
Application
CHAPTER 194
THE VISITING FORCES ACT
An Act to make provision with respect to Military, Naval and Air Forces of
certain other countries visiting Tanzania, to provide for the apprehension
and disposal of deserters and absentees without leave in Tanzania from
the Forces of such countries and for related matters. [7th December, 1962]
[R.L. Cap. 494]
Acts Nos. 70 of 1962
24 of 1966

hout leave in Tanzania from
the Forces of such countries and for related matters. [7th December, 1962]
[R.L. Cap. 494]
Acts Nos. 70 of 1962
24 of 1966

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THE VISITING FORCES ACT [CAP. 194 R.E.

zania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.729
THE VISITING FORCES ACT [CAP. 194 R.E.

2023]
4.–(1) In this Act, unless the context otherwise requires-
“court” means a court exercising jurisdiction in Tanzania
under the laws of Tanzania otherwise than by virtue of
section 5 of this Act;
“forces” in relation to a country means any of the military,
naval or air forces of that country;
“member” in relation to a visiting force, means a person who
is a member of the forces of the sending country or who
is subject to the military law of that country, and who is
for the time being appointed to serve with or attached to
that visiting force;
“Minister” means the Minister responsible for matters
relating to defence;
“sending country”, in relation to a visiting force, means the
country to whose forces the visiting force belongs;
“service authorities” means military, naval and air force
authorities;
“service court”, in relation to a country, means a court
established under the law governing all or any of the
forces of that country and includes any authority of a
country who under the law thereof is empowered to
review or confirm the proceedings of such a court or to
try or investigate charges brought against persons subject
to such law; and references to trial by, or to sentences
passed by, service courts of a country shall be construed
respectively as including references to trial by, and
punishment imposed by, such an authority in the exercise
of such powers; and
“visiting force” means, for purposes of any provision of this
Act, any body, contingent or detachment of the forces of
a country to which that provision applies, being a body,
contingent or detachment for the time being present in
Tanzania on the invitation of the Government.

ry to which that provision applies, being a body,
contingent or detachment for the time being present in
Tanzania on the invitation of the Government.

(2) References in any provision of this Act to the appropriate
authority of a country are references to such authority as may
be appointed by the Government of that country for purposes
Interpretation

appropriate
authority of a country are references to such authority as may
be appointed by the Government of that country for purposes
Interpretation

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THE VISITING FORCES ACT [CAP. 194 R.E. 2023]
of that provision, and the Minister shall cause notice to be
given in the Gazette of each such authority so appointed. [s. 3]
5.–(1) Subject to the provisions of subsection (3), the service
courts and service authorities of a country to which this
section applies may, within Tanzania, exercise powers over the
members of any visiting force of that country all such powers
as are exercisable by them according to the law of that country.

xercise powers over the
members of any visiting force of that country all such powers
as are exercisable by them according to the law of that country.

(2) Subject to the provisions of subsection (3), where any
sentence has, whether within or outside Tanzania, been passed
by a service court of a country to which this section applies
upon a person who immediately before the sentence was
passed was a member of a visiting force of that country, then,
for the purposes of any proceedings in a Tanzanian court the
said sentence shall be deemed to be within the jurisdiction
of that court and in accordance with the law of that country,
and if executed according to the tenor of the sentence shall be
deemed to have been lawfully executed. (3) Notwithstanding the provisions of subsections (1) and
(2), a service court of a country to which this section applies
shall not, unless the Attorney General in writing otherwise
directs, have jurisdiction to try or punish in Tanzania a
member of any visiting force of that country for any offence the
punishment for which is, under the civil law of Tanzania, death.

punish in Tanzania a
member of any visiting force of that country for any offence the
punishment for which is, under the civil law of Tanzania, death.

(4) A person who-
(a) is detained in custody in pursuance of a sentence in
respect of which subsection (2) has effect; or
(b) being a member of a visiting force of a country to which
this section applies, is detained in custody pending or
during the trial by a service court of that country of a
charge brought against him, shall for the purposes of
any proceedings in any Tanzania court be deemed to be
in lawful custody. (5) For the purposes of enabling the service courts and
service authorities of a country to which this section applies
more effectively to exercise the powers referred to in subsection
Exercise of
powers by
service courts of
countries sending
visiting forces

on applies
more effectively to exercise the powers referred to in subsection
Exercise of
powers by
service courts of
countries sending
visiting forces

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THE VISITING FORCES ACT [CAP. 194 R.E. 2023]
(1), the Minister may, if so requested by the appropriate
authority of that country, by general or special orders direct
that members of the Tanzania Military Forces, and, with the
concurrence of the Minister for the time being responsible for
the Police Force, Police Officers, shall arrest any person, being
a member of a visiting force of that country, who is alleged to
have committed an offence punishable under the law of that
country and shall deliver him to such services authority of that
country as may be. [s. 4]
6.

ve committed an offence punishable under the law of that
country and shall deliver him to such services authority of that
country as may be. [s. 4]
6.

Where a person who has been convicted by a service court
of a country to which this section applies in the exercise of the
powers referred to in subsection (1) of section 5 is convicted by
a Tanzania court of the same offence, or where such a person is
convicted by such court of a different offence but it appears to
such court that the conviction by the service court was wholly
or partly in respect of acts or omissions in respect of which he
is convicted by the Tanzania court, the Tanzania court shall
have regard to the sentence of the service court. [s. 5]
7.–(1) The foregoing provisions of this Act shall not affect-
(a) any powers of arrest, search, entry, seizure or custody
exercisable under the law of Tanzania with respect to
offences committed or believed to have been committed
against that law;
(b) any obligation of a person in respect of a recognised or
bond entered into in consequence of his arrest, or the
arrest of another person, for such an offence; or
(c) any power of any court to remand (whether on bail
or in custody) a person brought before the court in
connection with such an offence.

offence; or
(c) any power of any court to remand (whether on bail
or in custody) a person brought before the court in
connection with such an offence.

(2) Where a person has been taken into custody without
a warrant for such an offence and there is reasonable ground
for believing that in accordance with section 5 he is subject
to the jurisdiction of the service courts of a country to which
Tanzania courts
to have regard
to sentences of
service courts
Arrest, etc.,
of offenders
against Mainland
Tanzania laws

e courts of a country to which
Tanzania courts
to have regard
to sentences of
service courts
Arrest, etc.,
of offenders
against Mainland
Tanzania laws

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THE VISITING FORCES ACT [CAP. 194 R.E. 2023]
this section applies, then, with a view to its being determined
whether he is to be dealt with for that offence under the law
of Tanzania or dealt with by the service courts of that country
for an offence against the law thereof he may, notwithstanding
the provisions of section 33 of the Criminal Procedure Act,
be detained in custody for a period not exceeding three days
without being brought before a court; but if within that period
he is not delivered into the custody of a service authority of
that country he shall, in accordance with the provisions of the
said section 33, be released on bail or brought before a court as
soon as practicable after the expiration of that period. [s. 6]
8. Proceedings shall not be entertained by any Tanzania court
with regard to the terms of service of any person in respect of
service as a member of a visiting force of a country to which
this section applies or with regard to a person’s discharge from
such service. [s.

ct of
service as a member of a visiting force of a country to which
this section applies or with regard to a person’s discharge from
such service. [s.

7]
9.–(1) Subject to the provisions of this section, the provisions
of sections 78, 79, 80, 81 and 82 of the National Defence Act,
other than those of subsection (2) of section 80 thereof, shall
within Tanzania apply in relation to deserters and absentees
without leave from the forces of any country to which this
section applies in the same manner as they apply in relation to
deserters and absentees without leave within the meaning of
those provisions. (2) The powers conferred by the provisions of the National
Defence Act referred to in subsection (1) as applied by that
subsection shall not be exercised in relation to a person except
in compliance with a request (whether specific or general) of
the appropriate authority of the country to which he belongs. (3) References in the provisions of the National Defence Act
referred to in subsection (1) as applied by that subsection to the
delivery of a person into military custody shall be construed as
references to the delivery of that person to such authority of
Cap. 20
Restriction on
proceedings
relating to service
of members of
visiting force
Apprehension,
etc., of deserters
and absentees
without leave
Cap. 192
Cap. 192
Cap. 192

n
proceedings
relating to service
of members of
visiting force
Apprehension,
etc., of deserters
and absentees
without leave
Cap. 192
Cap. 192
Cap. 192

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THE VISITING FORCES ACT [CAP. 194 R.E. 2023]
the country to which he belongs as may be designated by the
appropriate authority. (4) In this section references to a deserter or an absentee
without leave from the forces of a country are references to
a person who is suspected of being, or who appears from his
admissions to be, a deserter or an absentee without leave from
the forces of that country. [s. 8]
10.

o is suspected of being, or who appears from his
admissions to be, a deserter or an absentee without leave from
the forces of that country. [s. 8]
10.

The Minister may, in respect of any visiting force to which
this section applies, by order published in the Gazette-
(a) exempt that force, or members or service courts thereof,
or property used or to be used for the purposes thereof,
from the operation of any enactment or of any provision
of any enactment specified in the order to any extent to
which the force, members, courts or property would
be, or would be capable of being, exempted there from
if the force were a part of the Tanzania Peoples Defence
Forces; and
(b) confer on that force, or any such members, courts or
property as aforesaid, any other privilege or immunity
specified in the order, being a privilege or immunity,
which would be enjoyed by, or would be capable of
being conferred on, the force, members, courts or
property if the force were a part of the Tanzania Peoples
Defence Forces,
subject however to such limitations and conditions as may be
specified by or under the order. [s. 9]
11.

part of the Tanzania Peoples
Defence Forces,
subject however to such limitations and conditions as may be
specified by or under the order. [s. 9]
11.

For purposes of section 6, a certificate purporting to be
issued by or on behalf of the appropriate authority of a country,
stating as respect a person specified in the certificate, that he
has been tried, at a time and place specified in the certificate, by
a service court of that country for an offence so specified and
that on a date so specified he was sentenced by such court to
such punishment as is so specified, shall in any proceedings in
Application
of certain
enactments to
visiting forces
Evidence for
purposes of
section 6

uch punishment as is so specified, shall in any proceedings in
Application
of certain
enactments to
visiting forces
Evidence for
purposes of
section 6

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THE VISITING FORCES ACT [CAP. 194 R.E. 2023]
any Tanzania court be admissible in evidence without further
proof and conclusive evidence of the facts so stated. [s. 10]
12. For purposes of any proceedings under any of the
provisions of the National Defence Act as applies by
section 9-
(a) a certificate purporting to be issued by or on behalf of
the Minister stating that a request has been made for
the exercise of the powers referred to in subsection (2)
of that section and indicating the effect of the request
shall be admissible in evidence without further proof
and conclusive evidence of the facts stated therein; and
(b) a certificate purporting to be under the hand of the
officer commanding a unit or detachment of any of the
forces of a country to which that section applies stating
that a person named therein was at a date specified
therein a deserter or absentee without leave from those
forces shall be admissible in evidence without further
proof and sufficient evidence of the facts stated therein
unless the contrary is proved. [s. 11]
13.

s shall be admissible in evidence without further
proof and sufficient evidence of the facts stated therein
unless the contrary is proved. [s. 11]
13.

For purposes of this Act-
(a) a certificate purporting to be issued by the appropriate
authority of a country and stating that a body,
contingent or detachment of the forces of that country
is, or was at a time stated in the certificate, present in
Tanzania shall in any proceedings in any Tanzania
court, be admissible in evidence without further proof
and be conclusive evidence of the facts stated therein;
and
(b) where in any such proceedings it is admitted or proved
that a body, contingent or detachment of the forces of
a country is, or was at any time, present in Tanzania
it shall be presumed in those proceedings unless
Evidence for
purposes of
section 9
Cap. 192
General
provisions
relating to
evidence

esent in Tanzania
it shall be presumed in those proceedings unless
Evidence for
purposes of
section 9
Cap. 192
General
provisions
relating to
evidence

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THE VISITING FORCES ACT [CAP. 194 R.E. 2023]
the contrary is shown, that the body, contingent or
detachment is, or was at that time, present in Tanzania
on the invitation of the Government.
[s. 12]
14. Subject to the provisions of section 8, this Act shall not
confer upon any member of a visiting force any exemption
from the civil law of Tanzania or from the jurisdiction of any
civil court or authority in Tanzania.
[s. 13]
15. Notwithstanding the provisions of any other law, it shall be
lawful for any country to which a provision of this Act applies
to maintain a visiting force in Tanzania.
[s. 14]
Provisions of
Act not to oust
jurisdiction of
Tanzania courts
Maintenance of
visiting force to
be lawful

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