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Tanzania – Zanzibar

The categorisation of this law as a ‘Civil Illicit Enrichment Law’ may not be accurate depending on whether the definition of ‘unexplained assets’ in Section 2 is taken into account by the court for a proceeding under Section 66, and if it is, whether the state is required to justify the ‘allegation’ required by Section 2. If the court does take into account the definition in Section 2, and the state needs to justify this allegation to a certain threshold, then this law should instead be categorised as a ‘Qualified Civil Illicit Enrichment Law’.

2. Interpretation


”Unexplained assets” means assets –

acquired at or around the time the person has allegedly committed a corruption or economic crime; and
whose value is disproportionable to that person’s known sources of income at or around that time and for which there is no satisfactory explanation.

66. Forfeiture of unexplained assets

(1) The Authority may, subject to relevant laws, commence proceedings under this section against a person if: -

after an investigation, the Authority is satisfied that the person has unexplained assets; or
the person has, in the course of the exercise by the Director General of his power of investigation or otherwise, been afforded a reasonable opportunity to explain the disproportion between the assets concerned and his income entitled to that person and the Authority is not satisfied that an adequate explanation of that disproportion has been given.

(2) The proceedings under this section shall be commenced in the High Court by way of originating summons.

(3) In proceedings under this section, the Director General or any other person authorized by the Director General shall adduce evidence that the person has unexplained assets and the person whose assets are in question shall be afforded the opportunity to cross examine any witness called and to challenge any evidence adduced by the Director General and, subject to this section shall have and may exercise the rights usually afforded to a defendant in civil proceedings.

(4) If, after the Director General or any other person authorized by the Director General, adduced evidence that the person has unexplained assets, the Court shall require the person by testimony to satisfy the court that the assets were acquired otherwise than as the result of corrupt conduct.

(5) If, after such explanation, the court is not satisfied that all the assets concerned were acquired otherwise than as the result of corrupt conduct, it may order the person to pay to the Government an amount equal to the value of the unexplained assets.

(6) For the purpose of the proceedings under this section, the assets of the person whose assets are in question shall be deemed to include any assets of another person that the court finds:-

are held in trust for the person whose assets are in question or otherwise on his behalf; or
were acquired from the person whose assets are in question as a gift or loan without adequate consideration.


Type: Civil Illicit Enrichment Laws

Last update on LEARN: Thursday, 3 March 2022, 1:00 PM