THE WITNESS SUMMONSES (RECIPROCAL ENFORCEMENT) ACT

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.CHAPTER 67
THE WITNESS SUMMONSES
(RECIPROCAL ENFORCEMENT) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title and application.
2. Interpretation.
3. Application.
4. Backing of summons.
5. Service of summons.
6. Where witness cannot be found.
7. Court may make order excusing attendance.
8. Minister may excuse attendance.
9. Disobedience of summons.
10. Omitted.

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ons.
10. Omitted.

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1.–(1) This Act may be cited as the Witness Summonses
(Reciprocal Enforcement) Act. (2) This Act shall apply to Mainland Tanzania as well as
Tanzania Zanzibar. 2.–(1) In this Act unless the context otherwise requires-
“court” means a court of law constituted or established by or
under the law of a country to which this Act applies;
“magistrate” means a resident magistrate;
“Minister” means the Minister responsible for legal affairs;
“summons” includes any subpoena or other process for
requiring the attendance of a person to give evidence
before a court or to produce any document before a court. (2) Where a power is conferred or a duty is imposed by this
Act upon a magistrate endorsing a summons in accordance
with section 4, the power may be exercised and the duty may
be performed by any other magistrate having jurisdiction
over the area of jurisdiction of the magistrate endorsing the
summons. 3.

ed and the duty may
be performed by any other magistrate having jurisdiction
over the area of jurisdiction of the magistrate endorsing the
summons. 3.

Where the Minister is satisfied that, reciprocal provision has
been or will be made by or under the law of any country for the
enforcement of a summons issued by any court in the United
Republic, the Minister may, by order published in the Gazette,
declare that, this Act shall apply in the case of that country
Short title and
application
Interpretation
Application
CHAPTER 67
THE WITNESS SUMMONSES
(RECIPROCAL ENFORCEMENT) ACT
An Act to provide for the enforcement of witness summonses issued by
courts of certain countries and for related matters. [7th February, 1969]
Act No. 4 of 1969

provide for the enforcement of witness summonses issued by
courts of certain countries and for related matters. [7th February, 1969]
Act No. 4 of 1969

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220
subject to the conditions, exceptions and qualifications as may be
specified in the order. 4.–(1) Where a summons has been issued by a court in a
country to which this Act applies, requiring the attendance
before the court for the purpose of giving evidence or producing
any document in proceedings of a criminal nature pending
before the court by a person who is or is suspected in or on the
way to Tanzania, the court issuing the summons may forward
the summons together with three copies thereof to the Attorney
General. (2) On receipt of the documents referred to in subsection (1),
the Attorney General shall forward the same to the Registrar
of the High Court of the United Republic, or, where the person
to whom the summons is addressed is or is suspected of being
in Zanzibar, to the Registrar of the High Court of Zanzibar,
together with a request to cause the summons to be served on
the person to whom it is addressed and stating the possible
whereabouts of the person.

r,
together with a request to cause the summons to be served on
the person to whom it is addressed and stating the possible
whereabouts of the person.

(3) On receipt of the summons under subsection (2), the
Registrar shall forward the same together with the copies of the
summons to the magistrate within whose area of jurisdiction
the person to whom the summons is addressed is or is suspected
of being present. (4) Where a magistrate receives a summons under this
section he may, where he is satisfied that-
(a) the summons was issued by a person having lawful
authority to issue it;
(b) adequate provision has been made or will be made
for the payment to the person whom the summons is
addressed of expenses for his travel to the court issuing
the summons and for his return to his ordinary place
of residence in Tanzania or to the place where the
summons is served upon him under the provisions of
this Act and for his subsistence during the journeys
and for the period of his stay at the place where the
court issuing the summons is situate; and
Backing of
summons

his subsistence during the journeys
and for the period of his stay at the place where the
court issuing the summons is situate; and
Backing of
summons

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THE WITNESS SUMMONSES (RECIPROCAL ENFORCEMENT) ACT [CAP. 67 R.E. 2023]
(c) the provisions of this Act have been complied with,
endorse the summons and the copies of the summons. (5) An endorsement of a summons by a magistrate under
subsection (4) shall be sufficient authority for the service of the
summons in a manner prescribed in section 5. 5.–(1) A summons endorsed by a magistrate in accordance
with the provisions of section 4, shall be served by a police
officer or other public officer or by other person as the
magistrate endorsing the summons may direct, and shall be
served personally on the person to whom it is addressed by
delivering or tendering to that person a copy of the summons. (2) The person upon whom the summons is served in
accordance with subsection (1), where required by the person
serving the summons shall, sign a receipt therefore of the
reverse of a copy of the summons and the person serving the
summons shall return the copy to the magistrate who endorsed
the same, who shall forward the copy to the Registrar.

summons and the person serving the
summons shall return the copy to the magistrate who endorsed
the same, who shall forward the copy to the Registrar.

(3) Where the person summoned is a public officer, the
magistrate endorsing the summons may send the summons
together with a copy to the head of the department or division
in which the person to whom the summons is addressed is
serving, and the head of department or division shall, upon
the receipt of the summons, cause the summons to be served
in accordance with the provisions of this section and return
a copy of the summons to the magistrate endorsing the same
after certifying on the reverse of the copy, the date and the
manner in which the summons was served, and the magistrate
shall forward the copy of the summons to the Registrar. (4) A person who serves a summons either in accordance
with subsection (2) or in accordance with subsection (3), shall
make an affidavit sworn or affirmed before a Commissioner for
Oaths specifying the date and a manner in which the summons
was served and the affidavit shall be admissible in evidence
and the statements made in the affidavit shall be deemed to be
correct unless and until the contrary is proved. Service of
summons

issible in evidence
and the statements made in the affidavit shall be deemed to be
correct unless and until the contrary is proved. Service of
summons

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222
(5) Where a summons has been served in accordance with
this section, the Registrar shall send to the court issuing the
summons the copy of the summons upon which the person
served has signed or the copy certified in accordance with
subsection (3) together with a copy of the affidavit made under
subsection (4). 6.

e person
served has signed or the copy certified in accordance with
subsection (3) together with a copy of the affidavit made under
subsection (4). 6.

Where the magistrate who has endorsed a summons is
satisfied that, the witness cannot be found within the area
of his jurisdiction, the magistrate shall return the summons
to the Registrar with a written report to the effect that, the
person to whom the summons is addressed cannot be found
and containing other relevant information as he may think fit,
and upon receipt of the summons and the report, the Registrar
shall return the summons to the court issuing the same or,
where the Registrar has reason to believe that, the person to
whom the summons is addressed may be found in some other
area of Tanzania, send the summons to the magistrate having
jurisdiction over that area. 7.–(1) A person upon whom a summons is served in accordance
with the provisions of this Act may apply to the magistrate
who endorsed the summons for an order excusing the person
compliance with the summons. (2) An application under subsection (1) shall be made by
chamber summons supported by an affidavit or affidavits
specifying the grounds upon which the order is sought.

n under subsection (1) shall be made by
chamber summons supported by an affidavit or affidavits
specifying the grounds upon which the order is sought.

(3) Where an application is made under this section, the
magistrate may require the applicant to appear before him to
be examined and the magistrate may examine any witness or
witnesses whom the applicant may wish to call on his behalf. (4) Where an application is made under this section and the
magistrate is satisfied that-
(a) an adequate provision has not been made for the
payment to the applicant of expenses for travelling to
the court issuing the summons and for return to his
Where witness
cannot be found
Court may make
order excusing
attendance

expenses for travelling to
the court issuing the summons and for return to his
Where witness
cannot be found
Court may make
order excusing
attendance

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THE WITNESS SUMMONSES (RECIPROCAL ENFORCEMENT) ACT [CAP. 67 R.E. 2023]
ordinary place of residence within Tanzania or to the
place within Tanzania where he was served with the
summons and for his subsistence during the journeys
and for the period of stay at the place where the court
issuing the summons is situate;
(b) the person is too ill to travel to the court issuing the
summons or that he suffers from a physical or mental
disability which would cause that person great hardship
to travel to the court;
(c) the summons was not served upon the person in time to
enable him to travel to the court issuing the same so as
to arrive there by the date specified in the summons; or
(d) having regard to the circumstances, it would be
unreasonable to require the person to comply with the
summons,
he may, by order excuse the person from complying with the
summons.

tances, it would be
unreasonable to require the person to comply with the
summons,
he may, by order excuse the person from complying with the
summons.

(5) An order made under subsection (4) shall be in writing
and contain reasons for the making of the order and signed by
the magistrate who shall send a certified copy to the Registrar
and the Registrar shall forward a copy of the order to the court
issuing the summons. (6) The provisions of Part III of the Magistrate’s Courts Act,
relating to the powers of the High Court to revise any order
made by a magistrate’s court, shall apply to an order made
under this section. 8.–(1) Where the Minister is satisfied that, it is desirable so to
do, he may, at any time after the summons has been received
by the Attorney General in accordance with the provisions
of subsection (1) of section 4, whether or not the summons
has been served on the person named in the summons under
the provisions of this Act, direct, by an order under his hand,
that the person named in the summons shall be excused from
complying with the summons. Cap. 11
Minister may
excuse attendance

an order under his hand,
that the person named in the summons shall be excused from
complying with the summons. Cap. 11
Minister may
excuse attendance

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224
(2) Where an order under subsection (1) is made before the
summons has been served on the person, a further step shall
not be taken to serve the summons.
(3) The Attorney General shall forward a copy of an order
made under this section to the court issuing the summons.
(4) An order under subsection (1) shall not be subject to
review by any court.
9. A person who has been served with a summons under this
Act and has not been excused from complying with it by an
order made under section 7 or under section 8, where he fails
to obey the summons, commits an offence and on conviction
shall be liable to a fine not exceeding five thousand shillings.
10. [Incorporated into s. 1]
Disobedience
of summons
Omitted