The Tanzania Intelligence and Security Service (Amendment) Act, 2023: the good and the bad

What’s in the Bill?

This Bill proposes to amend the Tanzania Intelligence and Security Service Act, Cap. 406. The objective of the proposed amendments is to alter the provisions of the Act in order to align them with the current administrative and global security practices as well as to put in place effective implementation of functions of the Service. The proposed amendments intend to keep the Act up-to-date and address various challenges so far observed in the implementation of the Act.

The Bill is divided into two Parts. Part I deals with preliminary provisions which include the title of the Bill and the manner in which various provisions of the Act are amended.

Part II deals with amendments proposed to various sections. The Act is proposed to be amended generally by removing all the provisions concerning the administration of the Minister responsible for intelligence and security and instead, placing that mandate under the President. The purpose of the amendment is to make the Act conform with the current structure of governance whereby the Security and Intelligence Service is under the direct superintendence of the President and not through the Minister responsible for intelligence and security. The proposed changes take into account the nature of operations of security services across the globe.

Following the proposed change of portfolio that places the Intelligence and Security Service under the mandate of the President, the Act is further proposed to be amended in sections 11, 15, 18 and 19(3) by removing the controls of the Minister responsible for Foreign Affairs, the Chief Secretary and the Attorney General of various matters pertaining the administration of intelligence and security.

The Act is proposed to be amended in section 4 with a view of conferring to the Service a defense and security status and to placing it under the general superintendence of the President. The amendments are aimed at complementing a duty which the Service currently executes as one of the defense and security organs in Tanzania.

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The Act is proposed to be amended in section 5 by adding vital security related functions which TISS currently implements. The functions include provision of personal protection of national leaders and foreign dignitaries, protection of vital installations, the carrying out of security vetting investigation or security clearance of leaders and control of security threats or potential security threats to the security of United Republic.

Section 5A is proposed to be added in order to include the responsibility of the Minister in the Act. The aim of the amendment is to facilitate policy affairs of the Service undertaken through the Minister.

Section 6 is proposed to be amended by adding qualification requirements for the appointment of the Director General of TISS as well as providing post-Service restrictions of former Directors General. The objective of the amendment is to facilitate employment of a qualified persons with requisite skills and safeguard the security interest of persons who have served as Director General.

For effective administration to the Service, sections 6A and 6B are proposed to be added with a view to introduce the posts of Deputies Director General for Mainland Tanzania and Zanzibar and Directors within the Service, all of whom are Presidential appointees. Qualifications for appointment to those posts is also proposed to be added.

Section 7 is proposed to be amended by introducing qualifications for employment of other staff to the Service. Furthermore, the section makes requirement for possession of firearms by officers in the service with the aim of recognising the use of firearms and controlling the discipline for possession and use of fire arm by those officers.

Section 10 of the Act is proposed to be amended by designating the Director General as principal advisor to the President and the Government on national security on security intelligence and counter intelligence. The aim of the amendment is to complement mandate of the Service as the resource center for control of security intelligence in Tanzania. Whereas the Director General is the Chief Executive Officer of the Service, the section is further proposed to be amended by designating the Director General as the disciplinary authority of officers under him.

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Section 10A is proposed to be added in order to add provisions that will pave way for the Chief Secretary to coordinate policy and public service affairs of the President over the Service.

Section 13 is proposed to be amended to govern the requirements for taking of oath by Director General, Deputies Director, Directors and other officers of the Service. Section 16 is proposed to be amended in order to restrict publication of the identity of persons serving as or under the Service and empower the Director General to control their publication. The objective of the amendment is to afford protection of identity of those persons due to the nature of engagement in security operations.

Section 19 is proposed to be amended by widening the scope of immunity to be afforded to officers in the Service beyond the immunity currently afforded under the Act which is only confined to immunity against civil action. The aim of amendment is to provide protection resulting from bona fide acts by those officers in the course of implementing functions under the Act.

Sections 16(3), 17(3), 20(2) and 23 are proposed to be amended severally so as to provide for penalties depending on the severity of offence as provided under the Act. Furthermore, the amendment include review of penal sum to be compatible with prevailing currency value.

New sections 24, 25 and 26 are proposed to be added to provide for various security controls provisions including, non-disclosure of information by officers no longer in Service, restricted access and commission of offences outside United Republic.

The Schedule to the Act is proposed to be amended by adding oath of allegiance to the schedule as well as amendment to the existing oath of service and secrecy in order to strengthen protection of information and effective implementation of functions of the Service.

The good and the bad