THE UNITED REPUBLIC OF TANZANIA

No. 21 OF 1978

13TH
..........SEPTEMBER, 1978

An Act to amend the Wildlife Conservation Act, 1974

[ SEPTEMBER, 1978]

ENACTED by the Parliament of the, United Republic of Tanzania.

Short title
1. This Act may be cited as the Wildlife Conservation (Amendment) and constru-
Act, 1978, and shall be read as one with the Wildlife Conservation Act, ction
1974, (hereinafter referred to as ''the principal Act''). Acts, 1974
No. 12
2. Section 2 of the principal Act is hereby amended In subsection Amendment
(a) by inserting, immediately after the definition ''authorized organiza- of section 2
tion the following definition:
''''the Board'' means the Board of Trustees of the Wildlife
Protection Fund established by section 69B:'':
(b) by inserting, immediately after the definition ''trophy dealer', the
following definition:
'''' the Unit'' means the Wildlife Protection Unit established
under section 4A;''

3. The principal Act is hereby amended by adding immediately after Addition of

section 4, the following new sections: new sections
4A, 4B and
4B
"Minister 4A.-(1) The Minister shall, after consultation With the
to establish President, establish a department of Government to be known
the Wildlife
Protection as the Wildlife Protection Unit.
Unit

1
2 No. 21 Wildlife Conservation (Amendment) 1978

(2) The Unit shall consist of such number of persons as the

Minister may determine.

Functions of
4B. The functions of the Unit shall be the protection, of
the Unit wildlife against unlawful hunters and, generally, the enforce-
ment of the provisions of this Act relating to the hunting,
capturing and photographing of wildlife, and the securing of
trophies.
Administra-
tion of the 4C.-(1) The administration of the Unit shah be vested in
Unit the Director and for that purpose the Unit shall. be organized
in such branches and deployed according to such areas or
places as the Director may, with the consent of the Minister,
determine.
(2) The Minister may, after consultation with the Minister
for the time, being responsible for home affairs and with the
consent of the President, by regulations published in the
Gazette, province for-
(a) the organization, and deployment of the Unit, the condi-
tions and terms of service, and the various grades,
ranks and appointments in it;
(b) the duties to be performed by members of the Unit,
and their guidance in the discharge of those duties;
(c) the regulation of maters relating to discipline in the
Unit;
(d) the description and issue of arms, ammunition, accout-
rements, uniforms and other necessary supplies to
members of the Unit;
(e) matters relating generally to the good order and admini-
stration of the Unlit.''
Amendment 4. Section 29 of the principal Act is hereby amended-
of section 29
(a) by deleting the fullstop at the end of paragraph (e) and substituting
for it a semi-colon;
(b) by adding, immediately after paragraph (e), the following para-
graph:
''(f) provide for the reception of Government trophies by a
designated organization from persons referred to in
section 68 (1) and the procedure to be complied with by
that organization upon receipt of the Government
trophies,.''

Amendment 5. Section 68 of the principal Act is hereby amended-

of section 68 (a) in subsection (1), by inserting immediately after the words ''Game
Officer'', where they first occur, the phrase ''or to a designated.
organization'', and, where they subsequently occur, the phrase
" or to the designated organization';
No. 21 Wildlife Conservation (Amendment) 1978

(b) by deleting subsection (3) and substituting for it the following: -

(3) Subject to subsection (4), the Director may, with the
consent of the Minister, award a sum of money as a reward
to any person giving information leading to the recovery of
a Government trophy.'';
(c) by adding, immediately after subsection (3), the following sub-
sections: -
''(4) The sum of money awarded as a reward to any person
or the aggregate of the sums awarded to more than one
person in, any one recovery of a Government trophy shall
not exceed-
(a) one-fourth of the value of the Government trophy or
trophies recovered; or
(b) ten-thousand shillings,
whichever is the smaller sum of money.
(5) The Minister may by directions, regulate the proce-
dure to be complied with in the payment or the making
of recommendations for the payment of the awards. ~ I
6. The principal Act is hereby amended in section 69- Amendment
of section 69
(a) by deleting the full-stop after the word ''finance'' and substituting
for it a comma;
(b) by adding after that comma the clause ''after consultation with
the Minister.''
7. The principal Act is hereby amended by adding, immediately after Addition of
section 69 the following new sections: - new sections
69A and 69B
"Establish- 69.-(1) There is hereby established a fund which shall be
ment of known as the Wildlife Protection Fund.
Wildlife
Protection
Fund (2) The Wildlife
... Protection Fund shall consist of:-
(a) such, sums as may be provide. for the purpose by
Parliament;
(b) twenty-five per cent of the proceeds of the sale of
every animal, trophy, weapon, vehicle, vessel, aircraft,
tent or other article which 'is forfeited pursuant to
section 78 and sold or disposed of in any other way for
money;
(c) any sum or property Which may many manner become
payable, into the Fund;
(d) any sum granted to the Fund by the Government or any
person.
(3) The Minister shall make rules regulating the functions,
and use of the Fund, and shall, after consultation with the
Minister for the time being responsible for finance, make rules
regulating the operations of the Fund.
4 No. 21 Wildlife Conservation (Amendment) 1978

(4,) Ail rules made pursuant to subsection (3) shall be

published m the Gazette.
Establish- 69B.-(1) There is hereby established a Board of Trustee"
ment of
Board of of the Wildlife Protection Fund.
Trustees
(2) The Board shall be a body corporate and shall-
(a) have perpetual succession and an official seal;
(b) in its corporate name, be capable of suing and being
sued:
(c) be capable of taking, purchasing or, in any other Way,
acquiring, holding, charging and disposing of property,
movable or immovable; and
(d) have power to enter into contracts and doing any
act or acts for the proper performance of its functions
under this Act which may lawfully be done by a
corporate body.
(3) The Board shall consist of-
(a) the chairman, who shall be appointed by the President;
(b) the Director of Wildlife;
(c) the Conservator of the Ngorongoro Conservation Area.;.
(d) the Director of the Tanzania National Parks;
(e) the General Manager of the Tanzania Wildlife Corpo-
ration; and
(f) two other members appointed by the Minister.
(4) The functions of the Board shall be-
(a) to manage and administer the Fund in accordance with
this Act:
(b) subject to this Act and to any directions given by the
Minister, to do any act or thing for the promotion of
the purposes and objects of the Fund.

(5) The Minister shall, by an order published in the Gazette,

provide for the regulation of the proceeding, the operations
and affairs of, and other matters in relation to the Board.''

Addition of 8. The principal Act is hereby amended by adding, immediately after

new sections section 70, the following new sections: -
70A and 70B
"Disposal of 70A.-(l) Subject to subsection (2), at any stage of any
trophies, etc etc. proceedings under this Act, the court may, of its own mot-ion
during
proceeding
or on an application made by the prosecution, in that behalf
order that any animal trophy, weapon, vehicle, vessel or
other article which hag been tendered or put in evidence
before it and which is subject to speedy decay, destruction
or depreciation be placed at the disposal of the Director.
No. 21 Wildlife Conservation (Amendment) 1978 5

(2) Where the article in respect of which an order under

subsection (1) is made is not an animal or trophy, the court
may, if it is satisfied that it would be just to do so, attach
to the order condition that the director shall " dispose
of that article until after the expiration of six months from
the date of the making of that order.

(3) Notwithstanding the provisions of any written law to

the contrary, on the expiration of six months fro the making
of an order under subsection. (1) to which the condition under
subsection (2) war. attached, the order of the court shall be
final and shall operate as a bar to any claim by or on behalf
of any person claiming ownership of or any interest in the
article by virtue of any title arising before the order was
made.

Where 70B.-(1) Subject to the following provisions of this section,

trophies in any proceedings for an offence under this Act, which
belong to
another consists of the unlawful possession of, or unlawfully having in
person control or custody, any trophy or trophies, any person being
prosecuted may, with the leave of the court, have any person
to whom the trophy or trophies belong or to whose act or
default he alleges that the contravention of the relevant
provisions was due brought before the court in the prome-
dings, and if, after the contravention has been proved, the
original accused parson proves that the trophy or trophies
belong to or that the contravention was due to the act or
default of, that other person, that other person may be
convicted of the offence, and, if the original accused person
proves that he had used all due diligence to secure that the
relevant provisions were complied with, he shall be acquitted
of the offence.

(2) Without prejudice to subsection (1), in any such procee-

dings under this Act an accused person shall not allege that
the trophy or trophies belong, or that the contravention of the
relevant provisions was due, to some other person unless,
before the end of two days from the commencement of the
first hearing of the case, he gives to the prosecution notice
of his intention to do so.

(3) Every notice given under subsection (2) shall be deemed

to be void and of no effect unless it contains-

(a) the name and address of that other person or, if the
name or address is not known to the accused person
at the time he gives the notice, any information in his
possession which might be of material assistance in
finding that other person;
6 No. 21 Wildlife Conservation (Amendment) 1978

N if the name or the address is not included in that notice,

the court is satisfied that the accusal person, before
giving the notice, took and thereafter continued to take
all reasonable steps to secure that the name or address
would be ascertained;
(c) if the name or address is not included in that notice,
but the accused person subsequently discovers the name
or address or receives other information which might
be of material assistance in finding the other person,
he forthwith gives notice of the name, address or other
information, as the case may be; and
(d) if the accused person is notified by or on behalf of
the prosecution that other person has not been
traced by the name or at the address given, he forth-
with gives notice of any such information which is then
in his possession, or, on, subsequently receiving any such
information forthwith gives notice of it.

(4) For the purposes of this section, the fact that an accused
person has not been admitted to bail shall not be a defence for
his failure to provide to the prosecution, the correct name or
address of that other person or any information which may
be of material assistance in finding that other person.

(5) Where an accused person seeks to avail himself of

subsection (1)-
(a) if the person he complains against or to whom he alleges
the trophy or trophies belong is not present at the time
appointed for the hearing the court shall proceed with
the hearing of the case against the accused person in
the absence- of that other person.
(b) the; prosecution, as well as the person to whom the
accused person alleges the trophy or trophies belong
or whom he charges with the offence, may cross examine
him, if. he gives evidence, and any witness called by
him in support of the plea, and may rebut his evidence.
.
(6) Any evidence tendered by the prosecution to rebut
the allegations of the accused made pursuant to subsection
(1) may, subject to any directions by the court as to the time
it is to he given, be given before or after evidence is given
m support of the allegation.''

Addition of 9. The principal Act is hereby amended by adding immediately after

new section section 75, the following new section: -
75A
No. 21 Wildlife Conservation (Amendment) 1978 7

"Assault on 75A.-(1) Notwithstanding the provisions of sections 114A,

an authori- 117 and 243 of the Penal, Code, any person who, in the
zed officer
Cap. 16 course of willfully obstructing an authorized officer in the
exercise by him of any of the powers conferred by this Act,
assaults the authorized officer shaft be guilty of an offence
and, subject to subsection (2), shall be liable on conviction
to imprisonment for a term not exceeding fourteen years.
(2) No term of imprisonment imposed under this section
shall be less than three years.''
10. Section 78 of the principal Act is hereby amended by adding, imme- Amendment
diately after subsection,(2), the following subsections:- of section 78
''(3) Every animal. trophy, weapon, vehicle, vessel, aircraft
or other article forfeited to the Government under subsection
(1) of this section shall be placed at the disposal of the
Director.
(4) Any trophy or other article, other than a Government
trophy, placed at the disposal of the Director under this
section shall be deemed to be a Government trophy.''

11. Section 83 of the principal Act is hereby amended- Amendment

of section 83
(a) in subsection (1) (a) (iii), by deleting the word ''three- and sub-
stituting for it the word ''ten''.,
(b) by deleting the full-stop at the end of subsection (1) (b) and sub.
stituting for it a semicolon;
(c) by adding, immediately after subsection (1) (b), the following
paragraph: --
"(c) notwithstanding the provisions of paragraph (b), the
reward may be paid as soon as possible in each, case in
which an order under section 70A has been made by the
court placing the articles concerned at the disposal of the
Director.''
12. The principal Act is hereby amended by adding, immediately after Addition of
section 83, the following new sections: - new sections
83A and 83B
''Registra-
tion of past
83A.-(1) As soon as possible after the coming into operation
offenders"
of this Act, the Minister shall, after consultation with the
Minister for the time being responsible for Home Affairs, by
direction published in the, Gazette, provide for an appropriate
Procedure for the registration of Persons previously convicted
of offences and sentenced in accordance with subsection (2).

(2) As soon as possible after the publication of directions

under subsection (1), the Director shall cause to be registered
the name of every person who, within three years prior to the
8 No. 21 Wildlife Conservation (Amendment) 1978

coming into operation of this Act, was convicted of any of the

offences, and sentenced to the extent, specified in section
83B (1), together with the particulars required to be registered
under that section in respect of each of those persons.
Continuous 83B,(1) If any person is convicted of an offence against
registrations this Act, consisting of-
of offender
under this (a) hunting, capturing, killing or wounding any animal in
Act any game reserve or game controlled area, without
the permission in writing of the Director;
(b) hunting any specified animal or scheduled animal, with-
out a licence or, as the case may be, a permit granted
by the Minister;
(d) unlawfully hunting any specified or scheduled animal;
or
(d) being in unlawful possession of, or unlawfully having
under his control, custody or care, any animal or trophy,
and is sentenced to imprisonment for a term of two or more
years, the Director shall cause to be registered m respect of
that person-
(i) his name;
(d) his address, if any or his place of domicile within
the United Republic;
(iii) the nature of the offence he committed; and
(iv) the fine, forfeiture or other penalty imposed on
him.

(2) Every person leading the case for the prosecution

of a person, who is convicted of any of the offences, and
sentenced to the extent, specified in subsection (1) shall, as
soon as practicable, after such conviction, notify the Director
or his representative of that conviction and of such particulars
as the Minister may, after consultation with the Minister for
the time being responsible for Home Affairs by order in the
Gazette, prescribe.

(3) The Director shall cause to be kept and maintained

a register in which there shall be recorded the name of
every person convicted of any of the offences, and sentenced
to the extent, specified m subsection (1), together with the
particulars required to be registered under that section m
respect of each such person.

(4) Notwithstanding the provisions of any written law to

the contrary, the Minister for the time. being responsible for
Home Affairs shall, after consultation with the Minister,
No. 21 Wildlife Conservation (Amendment) 1978 9

cause every person convicted of any of -the offences, and

sentenced to the extent, specified in subsection (1) and who
is not a, citizen of the! United Republic, to be declared an
undesirable immigrant and to be deported forthwith.''

Passed in the National Assembly on the twenty-fifth day of July, 1978.

ina
Clerk of the National Assembly

Printed by the Government Printer, Dar es Salaam-Tanzania