Which types of election-related misconducts are regarded as criminal offences?

Tanzania, United Republic of

Tanzania, United Republic of

Answer
  • Electoral fraud
  • Incentive driven voter coercion
  • Threat driven voter coercion
  • Obstructing the electoral process
  • Offences related to voter registration
  • Unlawful conduct of campaign financing
Source

The National Elections Act (CAP 343)2010

Article 88-105

http://www.unisa.ac.za/contents/faculties/law/docs/National_Elections_Act-.pdf

The Election Expenses Act,2010 

http://www.gov.go.tz/egov_uploads/documents/The_Election_Expenses_Act,_2010_%28Act_No_sw.pdf

10.- (1) For the purpose ofimplementation of section 9

and this section,the Minister shall, by an order in the Gazette

(a) prescribe the maximumamount of election

expenses depending on -

(i) the difference in the sizeof electoral

constituency;

(ii) categories of candidates;

(iii) population of people;and

(iv) communicationinfrastructure;

(b) vary the amount ofelection expenses to be used

by political parties duringelection campaigns.

(2) Where in exceptionalcircumstances, a political party

or a candidate expends fundsin excess of the amount prescribed

under sub-section (1) thatpolitical party or the candidate, as the

case may be, shall be requiredto make a report to the Registrar

containing reasons for the useof excess funds.

(3) A political party which or a candidate who uses funds

in excess of the amount prescribed pursuant 'to sub-section (1)

commitsan offence.

24.-

[...]

(7) Where a candidate, or hisagent or his political party

commits an act which amountsto a prohibited practice in respect

of which no action was taken, the Attorney General mayinstitute

criminal proceedings or an election petition against that candidate.

(8) Without prejudice to theprovisions of subsection (7),

a person who commits an act ofprohibited practice shall,

irrespective ofwhether that person has won or lost in the election,

be proceeded against inaccordance with the provisions of

Chapters VII and VIII of theNational Elections Act, the Local

Authority (Elections) Act orthe Prevention and Combating of

Corruption Act.

PART VI

OFFENCES AND PENALTIES

26. Any person who commits anoffence under this Act to

which no specific penalty isprescribed shall on conviction be

liable to-

(a) in the case of a politicalparty, to a fine not

exceeding shillings threemillion;

in the case of a candidate, toa fine not exceeding

shillings one million;

in the case of anorganization, corporation or

institution, to a fine notexceeding shillings five

million.

27. Any person who-

(a) obstructs the Registrar orhis representative from

exercising powers of theRegistrar under this Act;

(b) refuses to produce books,papers and documents as

requested by the Registrar;

(c) produces false books,documents or false

information to the Registrar;

(d) makes false statement inany returns or financial

report; or

(e) destroys any books,papers, documents or thing

relating to the subjectmatters of investigation,

examination or inspection;

commits an offenceand shall be liable on conviction to a fine not

exceeding shillings five million.

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