Guidance to LS 104 (ICA Preparation)

Guidance to LS 104 (ICA Preparation

Assumed Facts

Best Masai is a Tanzanian with 33 year old a resident of Sinza Palestina near
Grace Primary School. Pursuant to his ability to speak many Languages as a
tour guide (operator) from tour guide education he got at Arusha, he is a
Mikumi National Park Tour Operator.

Through his profession he was able to have many foreign Friends and a
foreign fiancé. On 8th September 2020 in the Julius Kambarage Nyerere
International Airport (Dar es Salaam Airport) when he was coming from Dubai
he with his two Brazilian friends he was stopped at the security for caring
something that was unusual in form of flour packed in small bags within tin
space found in the bags. The Security officers kept them in the waiting room;
her two Brazilian friends complained to the airport authority as to why they
were kept in the waiting room while the bags which were suspected belong to
Best Masai. They were release in condition that they will be approached for
Further Investigation but later when, they arrived at City Style hotel where
they booked room, they went back to Dar es Salaam airport and claim that
there was an agent matter they have to fly back to Beirut via Kenya and
without knowledge of what happened earlier the current security officers in
duty supported them and they flew to Nairobi and later in nowhere. At this
point Best Masai was hold at Central Police in Dar es Salaam for being in
possession for something suspected to be a narcotic drug cocaine ( Methly
ester of benzoylecgonine) weigh 100 g worth 20,000 USD (46,000,000 tsh ) .

The police on the next day to investigate a Rasta man Best Masai at his home
of which in his small store in the back yard there found 15 (fifteen) rhino and
10 (ten) elephant horns and tasks worth 30,000 USD (69,000,000 tsh) among
other things which were normal man craft after being confronted by the Police
on such possession he tried to escape and Severely injured his neighbor One
Martin Kitale.

If that was not enough the officer in charge of investigation went further and
speculate more than what was expected and contracted FIU (Financial
Intelligence Units) so that the general inspection of the accounts at one Best
Masai and it was further found that Best Masai receive a wire transfer of
50,000 USD (Tsh 115,000,000/=) One Hundred and fifteen million at his
personal account at bank Standard Inc, when the bank was approached the
claimed that the official document to initiate an information to the FIU
(Financial Intelligence Unit of the State) and Such Complain Includes receiving
of the amount to the tune of Tsh. 20 Million on Same account of which Mr. Joh
B claim that that was a friendly treaty he claimed so he can give him a
chance of supplying equipment to the Mikumi National Park.

To the moment the officer in charge of investigation and the Drug Commission
were opined that these matters should be taken to the state attorney for
further proceeds and procedures.

Your young graduated law school Student employed in the national

prosecution office Dar-es-Salaam you were called upon to provide assistance
on the following

(a) You were instructed to officially initiate the charging of Best Masai so
he can be arranged before the court by preparing necessary
document(s)
(b) If you were a defense attorney and you were approached by Best
Masai relatives and they need an Advice on how they can procure his
release at any cost pending him being charged because he is in
custody for long time.
(c) Best Masai has Successful procured Bail and flew to a foreign state
but later found in Uganda hiding to escaping being arraigned to court,
the senior State Attorney have given Direction that you Should on
what should be done to brought him back for his arraignment.

Possible answers to the Scenario

Being state attorney with enough experience you are supposed to be

acquainted with offences committed by Best Masai and any other necessary
procedure to be followed and documents to be drafted.

Violations

Before looking decide which offences to be established you must be aware of

all direction of the law as far as the violation are proposed, to start with for
example if you refer to Reg. 3 (2) of the Drug Control And Enforcement
Act Makes All the narcotic drugs of Large quantity not to be for personal use
and that First schedule of the economic and organized crimes list offences
which are deemed to be economic offences and includes offences under
Wildlife Conservation Act of 2009, the Drugs Control And Enforcement
Act [Cap. 95 R.E 2019] and Anti Money Laundering Act [Cap. 423 R.E
2019] .
That all economic offences require the consent of the DPP pursuant to Section
26 of the EOCA [Cap. 200 R.E 2019] and further the DPP may issue a
certificate to confer jurisdiction of the subordinate court to have a
jurisdiction to entertain Economic cases pursuant to Section 12 of the EOCA
[Cap. 200 R.E 2019]. But it should be noted that,

“Even if you intend to include normal offences which are found in Penal Code
[Cap. 16 R.E 2019 or elsewhere which are not economic offences the
consent must specifically confer jurisdiction to here both economic and non
economic under Section 12(4) of the EOCA [Cap. 200 R.E 2019]”

Violation; unlawful possession of government trophies contrary to Section

86(1) (2) (b) of the Wild Life Conservation Act and Paragraph 14 first
Schedule of the EOCA [Cap. 200 R.E 2019], Money Laundering by
Possession contrary to Section 12 (d) of the Anti - Money Laundering Act
[Cap.423 R.E 2019] and Para 22 of first Schedule of the EOCA [Cap.
200 R.E 2019], Corrupt Transaction of obtaining contrary to Section 15
(b) of the Prevention and Combating Corruption Act[Cap. 329 R.E
2019], Assault Causing bodily contrary to Section 241 of Penal Code [Cap.
16 R.E 2019], Trafficking in Narcotic Drugs contrary to Section 15 (1), (2),
(3) of the Drugs Control And Enforcement Act [Cap. 95 R.E 2019] read
together with Para 23 of the first schedule of EOCA [Cap. 200 R.E
2019].

Documents

1. Consent of DPP
2. Certificate of Conferring Jurisdiction
3. Charge
4. Restrain order : chamber application and affidavit
 National Prosecution Service,

Director of Public prosecution,

Email: dpp@nps.go.tz

Consent of the State Attorney in Charge for Prosecution

I, Muadilifu Kwanza, the State Attorney In charge of The Dar Es Salaam Regional
Office, Do hereby, pursuant to Section 26(2) of the EOCA [Cap. 200 R.E 2019] read
Together with Part II of the G.N No. 284 of 2014to the prosecution of Best Masai for
Contravene Section 86(1) (2) (b) of the Wild Life Conservation Act and Paragraph
14 first Schedule of the EOCA [Cap. 200 R.E 2019], Money Laundering by Possession
contrary to Section 12 (d) of the Anti - Money Laundering Act [Cap.423 R.E 2019]
and Para 22 of first Schedule of the EOCA [Cap. 200 R.E 2019], Corrupt Transaction
of obtaining contrary to Section 15 (b) of the Prevention and Combating
Corruption Act[Cap. 329 R.E 2019], Assault Causing bodily contrary to Section 241
of Penal Code [Cap. 16 R.E 2019], Trafficking in Narcotic Drugs contrary to Section
15 (1), (2), (3) of the Drugs Control And Enforcement Act [Cap. 95 R.E 2019] read
together with Para 23 of the first schedule of EOCA [Cap. 200 R.E 2019] particulars
of which are Stated in the charge.

Dated At Dar es Salaam this…………………… day of ………………. 2020

………………………….

State Attorney In charge

2. Certificate of Jurisdiction

National Prosecution Service,

Director of Public prosecution,

Email: dpp@nps.go.tz

CERTIFICATE OF ORDER FOR TRIAL OF AN ECONOMIC OFFENCE IN THE RESIDENT

MAGISTRATE’S COURT

I, Muadilifu Kwanza, the State Attorney In charge of The Dar Es Salaam Regional
Office, in exercise of powers vested in me under Section 12(3) of the EOCA [Cap.
200 R.E 2019] do herby order that Economic Case No. ……………. Of 2020 in which
Best Masai is charged Contravene Section 86(1) (2) (b) of the Wild Life
Conservation Act and Paragraph 14 first Schedule of the EOCA [Cap. 200 R.E
2019], Money Laundering by Possession contrary to Section 12 (d) of the Anti -
Money Laundering Act [Cap.423 R.E 2019] and Para 22 of first Schedule of the
EOCA [Cap. 200 R.E 2019], Corrupt Transaction of obtaining contrary to Section 15
(b) of the Prevention and Combating Corruption Act[Cap. 329 R.E 2019], Assault
Causing bodily contrary to Section 241 of Penal Code [Cap. 16 R.E 2019],
Trafficking in Narcotic Drugs contrary to Section 15 (1), (2), (3) of the Drugs Control
And Enforcement Act [Cap. 95 R.E 2019] read together with Para 23 of the first
schedule of EOCA [Cap. 200 R.E 2019] Be tried in the RESIDENT MAGISTRATE’S
COURT of Dar Es Salaam at Kisutu.

Dated At Dar es Salaam this…………………… day of ………………. 2020

………………………….

State Attorney In charge

3. Charge

IN THE RESIDENT MAGISTRATE OF DAR ES SALAAM

(AT KISUTU)

ECONOMIC CASE NO ………………… 2020

REPUBLIC

VERSUS

BEST MASAI

CHARGE

1st Count

STATEMENT OF THE OFFENCE

Assault Causing bodily contrary to Section 241 of Penal Code [Cap. 16 R.E 2019]

PARTICULARS OF THE OFFENCES

Best Masai in in 9th September 2020 while confronted by investigator from the
police force at his home in Sinza palestina tried to evade and contacted his
neighbor martin kitale and severely cased bodily harm to him.

2nd count

STATEMENT OF THE OFFENCE

Trafficking in Narcotic Drugs contrary to Section 15 (1), (2), (3) of the Drugs Control
and Enforcement Act [Cap. 95 R.E 2019] read together with Para 23 of the first
schedule of EOCA [Cap. 200 R.E 2019]

PARTICULARS OF THE OFFENCES

Best Masai on 8th September 2020 at Dar Es Salaam Airport was found in
possession of narcotic drug cocaine ( Methly ester of benzoylecgonine) weigh
100 g worth 20,000 USD (46,000,000 tsh )
3rd count

STATEMENT OF THE OFFENCE

Unlawful possession of Government trophies contrary to Section 86(1) (2) (b) of

the Wild Life Conservation Act and Paragraph 14 first Schedule of the EOCA [Cap.
200 R.E 2019]

PARTICULARS OF THE OFFENCE

Best Masai on 9th September 2020 at Sinza – Dar es Salaam was found in
Possession of at his home of which in his small store in the back yard there found
15 (fifteen) rhino and 10 (ten) elephant horns and tasks worth 30,000 USD
(69,000,000 tsh).

4th count

STATEMENT OF THE OFFENCE

Money Laundering by Possession contrary to Section 12 (d) of the Anti - Money

Laundering Act [Cap.423 R.E 2019] and Para 22 of first Schedule of the EOCA [Cap.
200 R.E 2019].

PARTICULARS OF THE OFFENCE

Best Masai on diverse date of September 2020 was found to have receive a wire
transfer of 50,000 USD (Tsh 115,000,000/=) and 20 Million Tanzania Shillings One
Hundred and fifteen million at his personal account at bank Standard Inc. being
un usual transaction of his account.

5th count

STATEMENT OF THE OFFENCE

Corrupt Transaction of obtaining contrary to Section 15 (b) of the Prevention and

Combating Corruption Act [Cap. 329 R.E 2019]

PARTICULARS OF OFFENCE

Best Masai on diverse days of September 2020 obtained amount to the tune of
Tsh. 20 Million on Same account of which Mr. Joh B claim that that was a friendly
treaty he claimed so he can give him a chance of supplying equipment to the
Mikumi National Park.
 …………………………………..

State attorney

Particulars of accused

Name: BEST MASAI

Religion: Christian
Note: Sample of other document relevant which includes restrain orders and

IN THE RESIDENT MAGISTRATE’S COURT OF DAR ES SALAAM

AT KISUTU

CRIMINAL APPLICATION NO............ OF 2020

BETWEEN

DIRECTOR OF PUBLIC PROSECUTIONS ................. APPLICANT

AND

BEST MASAI

[Application for Forfeiture Orders]

CHAMBER SUMMONS

[Made under sections 4 (1) (a), 9 (1) and 14(1) of the Proceeds of Crime Act [Cap.256
R.E. 2019]

LET THE PARTIES appear before Hon.…………………………………. Resident Magistrate on

the…………….day of ................ 2020 at 9:00 hrs or soon thereafter where the Applicant shall
be heard on application for the following orders;-

1. Forfeiture to the Government of the United Republic of Tanzania of the following

tainted properties:-

(i) Motor vehicle with registration number .............................. and trailer with
registration number …………….. make ………………..

(ii) Motor vehicle with registration number..........................................make

……………………….

2. Any other order the Honorable Court may deem fit and just to grant.

This chamber summons has been taken at the instance of the Director of Public
Prosecutions and is supported by affidavit of WSM and any other grounds that may be
advanced at the hearing of this application.

GIVEN under my HAND and SEAL of this Court this……..day of ............................ 2020

……………………………

RESIDENT MAGISTRATE

Filed in Court this……………..…….day of ........................ 2020

………………………………
REGISTRY OFFICER

DRAWN & FILED BY:

WSA
Senior State Attorney
National Prosecutions Service,
1st Floor, Ministry of Home Affairs,
P.O.Box 71069,
DAR ES SALAAM

TO BE SERVED UPON:

The Respondents.
 IN THE RESIDENT MAGISTRATE’S COURT OF DAR ES SALAAM

AT KISUTU

CRIMINAL APPLICATION NO ........... OF 2020

BETWEEN

DIRECTOR OF PUBLIC PROSECUTIONS ................. APPLICANT

AND

1…………………………………………………………………….

NOTICE OF APPLICATION FOR FORFEITURE ORDERS

(Made under Section 10(1)(a) of the Proceeds of Crime Act,[Cap.256 R.E. 2002]).

TAKE NOTICE that an application has been made to the above named Honorable Court
by the Director of Public Prosecutions in terms of Section 4 (1) (a), 9 (1) (a) and 14(1)
and (2) of the Proceeds of Crime Act [Cap. 256 R.E. 2002]. You may appear before
Hon.……………. Resident Magistrate in Chambers on …………day of ................ 2020 at 09:00
O’clock in the forenoon or soon thereafter if you so wish as the Applicant may be heard
on the application for the following orders:-

1. Forfeiture to the Government of the United Republic of Tanzania of the following

tainted properties:-

(i) Motor vehicle with registration number ........................................ and trailer with
registration number ………………….. make …………………….

(ii) Motor vehicle with registration number ……………… make………………...

2. Any other order the Honorable Court may deem fit and just to grant. TAKE
FURTHER NOTICE that the Applicant’s address for service is:

Director of Public Prosecutions,

National Prosecution Services,

1st Floor, Ministry of Home Affairs Building,

P.O.Box 71069,
DAR ES SALAAM

Dated at Dar es Salaam this…………………..day of......... 2020

……………………………… RESIDENT
MAGISTRATE

Copy to be served upon The

Respondents
 CRIMINAL APPLICATION NO ........... OF 2020

BETWEEN

DIRECTOR OF PUBLIC PROSECUTIONS ................. APPLICANT

AND

……………………………………………………………………………………

AFFIDAVIT

I, WSM, Senior State Attorney, Adult, Christian, Resident of Dar es Salaam DO HEREBY
solemnly TAKE OATH and states as follows:-

1. That, I am a Senior State Attorney in the National Prosecutions Services, stationed at Dar
es Salaam.

2. That, by virtue of my position as a Senior State Attorney, I have been assigned by the Director of
Public Prosecutions, the above-named Applicant to deal with this matter hence conversant
with the facts I am about to depose hereunder.

3. That, …………………………………, the above-named 1st respondent is a citizen of Tanzania.

Attached herewith is a copy of his passport marked as NPS 1 to form part of thisAffidavit.

4. That, ………………………………………. the above-named 2nd respondent is a Congolese Citizen.

Attached herewith is a copy of his passport marked as NPS 2 to form part of thisAffidavit.

5. That, ………………………………………………………………….. the above named 3rd Respondent is a

Company registered by Business Registration and Licensing Agency (BRELA). The company
operates more than forty business including cargo transportation from Tanzania to Congo
and East African Countries. Attached is a copy of Certificate of incorporation and
Memorandum and Articles of Association (MEMARTS) collectively marked as NPS 3 to
form part of this affidavit.
 DATED at Dar es Salaam this……..……day of ........................ 2020

……………………….
DEPONENT

VERIFICATION

All what is stated in paragraphs 1 and 2 is true to the best of my own knowledge
and what is stated in paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 is
based on information obtained from investigation file, the information which I verily
believe to be true.(Police case file no, Court proceedings CC no. 1000/2020,)

Verified at Dar es Salaam this……………….day of ..................... 2020

……………..……..
DEPONENT

SWORN at Dar es Salaam by the said

WSM who is known to me personally/
identified
to me by…………………………the latter …………………..
being known to me this……………..
.............................................DEPONENT day of 2020

BEFORE ME

Name………………………………….

Signature……………………………
Qualification……………………….

Address………………………………
COMMISSIONER FOR OATHS

Presented for filing this……………………day of .......................... 2020

…………………………….
REGISTRY OFFICER

DRAWN & FILED BY:

WSM
Senior State Attorney,
National Prosecutions
Service,
1st Floor, Ministry of Home Affairs,
P.O. Box 71069,
DAR ES SALAAM

TO BE SERVED UPON:

The Respondent
Bail procedures

Application should be made by chamber summons and affidavit

Possible enabling provision

1. Section 36(1) of the EOCA [Cap. 200 R.E 2019]

2. Section 29 (4) of the Drugs Control and Enforcement Act [Cap. 95 R.E 2019]
3. Section 148 of the Criminal Procedure Act [Cap. 20 R.E 2019]

Note: all these must be combined to issue application

Mutual Assistance and Extradition procedure

 Existed from commonwealth scheme related mutual assistance

 Section 3 and 11 of the extradition says there has to be an agreement
 Nature of assistance Section 5 and 6
 Content for letter of extradition Section 9 of mutual assisance