" yote ni ubutu wa sheria ya takwimu"??

" yote ni ubutu wa sheria ya takwimu"??

ngoshwe

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This is what the Law (The Statistics Act, 2002) provides:



Sec. 11.-(1) Every person employed in the execution of any duty under this Act shall, before assuming duties, make' and subscribe before a commissioner for oaths an oath or affirmation in the manner and form set
out in the First Schedule.


(2) In the case of a person employed as an enumerator in a census of population it shall be sufficient if he makes in Swahili or English language and delivers or transmits to an authorized officer a written declara-
tion in the manner and form set out in the First Schedule:

SCHEDULE

FIRST SCHEDULE
(Under section 11)

EITHER
I………….of…………solemnly swear before………..that I shall faithfully and honestly fulfill my duties as………………in conformity with the requirements of the Statistics Act, 2002 and that I shall not without due authority in that behalf disclose or make known any matter or thing which comes to my knowledge by reason of my employment as
such.

Sworn before me this……………………..day of………………………200 ……………
……………………..........................................................
COMMISSIONER FOR OATHS
OR
I,……………………….. of……………………… declare before ……………………that
I will faithfully and honestly fulfill my duties as an enumerator in a census of population
in conformity with the requirements of the Statistics Act, 2002 and that I will not without
due authority in that behalf declare or make known or make use of any matter or thing
which comes to my knowledge by reason of my employment as such.
Declared before me this……………………. day of................................... 200………
COMMISSIONER FOR OATHS
JEDWALI LA KWANZA
(Chini ya Kifungu cha 11)
Aidha;
Mimi …………………………………………. wa ……………………………….. nikiwa
na akili timamu naapa mbele ya ……………………………………..kwamba nitatekeleza
majukumu yangu kwa uaminifu na uadilifu kama …………………………………….
kwa kuzingatia matakwa ya Sheria ya Takwimu, 2002, na kwamba sitatoa taarifa yoyote
ninayoipata kutokana na kazi yangu hii hila kibali halali.
Kiapo kimetolewa mbele yangu tarehe ……………. Mwezi …………...mwaka…………
………………………………
KAMISHINA WA VIAPO
au, Mimi……………………………………. wa …………………………………. naapa
mbele ya kwamba nitakuwa mwaminifu na muadilifu katika kutekeleza majukumu yangu
kama Mdadisi katika Sensa ya watu kuzingatia matakwa ya Sheria ya Takwimu, 2002, na
kwamba sitatoa taarifa yoyote ninayoipata kutokana na kazi yangu hii bila kibali halali.
Kiapo kimetolewa mbele yangu tarehe ………… mwezi……………... mwaka………..…
……………………………….
KAMISHINA WA VIAPO

PART IV
COLLECTION AND DISSEMINATION OF STATISTICAL
INFORMATION
14.-{1) The President may, by Order direct a population census to be
taken in the whole country or any part of the country as the Order may
specify.
(2) Subject to subsection (3), the Order may specify- .
(a) the date on or between which such census is to be taken: and
(b) the information to be obtained in the census;
(3) The Bureau shall not take a census until regulations have been
made by the President prescribing-
(a) particulars and information’s to be furnished on the taking by
the census; ,
(b) manner and form in which census is to be conducted;
(c) times and places at which census is to be conducted; and

(d) persons by whom the particulars and information shall be fur-
nished.
PART V
OFFENCES AND PENALTIES

27.-{1) Any person, being employed by the Bureau who-
(a) by virtue of his employment becomes possessed of any informa-
tion which might influence or affect the market value of any
share or other security, interest, product or article and who, be-
fore such information is made public, directly or indirectly uses
such information for personal gain;
(b) without lawful authority publishes or communicates to any per-
son otherwise than in the ordinary course of his employment any
information acquired by him or her in the course of such
employment.
(c) deserts from his duty, or willfully makes any declaration, state-
ment or return in the performance of his duties, or complies for
issue any false statistics or information;
(d) in the pretended performance of his duties, obtains or seeks to
obtain information that the person is not duly authorized to
obtain;


(e) asks, receives or takes, in respect of or in connection with
his employment under this Act from any person, other
than a public officer duly authorized thereto, any payment
or reward,
commits an offence and shall be liable on conviction to a fine not
exceeding one million shillings or to imprisonment for a term not
exceeding twelve months or to both.

(2) Any person who, being in possession of any information
which to his knowledge has been disclosed in contravention of the
provisions of this Act, publishes or communicates to any other
person such information. commits an offence and shall be liable on
conviction to a fine not exceeding one million five hundred thousand
shillings or to imprisonment for a term not exceeding eighteen
months or to both such fine and imprisonment.



(3) Any person who-
(a) hinders or obstructs any authorized officer in the lawful
perfont1- ante of any duties or in the lawful exercise of
any powers imposed or Conferred upon him or her under
this Act in the lawful exercise of any powers imposed or
conferred upon him or her under this Act;
(b) refuses of willfully neglects-
(i) to complete and supply within the time specified the
particulars required in any return, form or other
document left with or sent to him or her; or
(ii) to answer any question or inquiries put to or made of
him under this Act;
(c) knowingly makes in any return, form or other document
completed by him or her under this Act, or in any answer
to any question or inquiry put to or made of him under this
Act, any statement which is untrue in any material
particular;
(d) without lawful authority, destroys, defaces or mutilates
any return, font1 or other document containing particulars
collected under this Act;


(e) not being an authorized officer, assumes the quality of, or repre-
sents himself to be, an authorized-officer-

(i) With intent to obtain admission on any premises which he is
not entitled to enter;
(ii) with intent to do anything which he is not entitled to do;
(f) refuses without reasonable cause to grant records and documents in
accordance with section 23;
(g) contravenes any provision of this Act,

commits an offenceandshall be liable on conviction to a fine not exceeding
six hundred thousand shillings or to imprisonment for a term not exceeding
six months or to both.



http://polis.parliament.go.tz/PAMS/docs/1-2002.pdf

My take:

1. I am not quite sure if all persons employed in the execution of the duties on NBS as regard to population census made and subscribed before a commissioner for oaths an oath or affirmation in the manner and form set out in the First Schedule.

2. It is not very sure if the existing provisions of the Statistics Act are sufficient to deal with offenders who instigated or abetted the commission of a crime, or hindered or obstructed other persons from participating in the population census this year !!.

I see it was even difficult to charged or bring before the court of law those who were held by Police for the involvement in the alleged offences during
population census who fortunately were released through unprocedural compromise following unauthorized rallies by fellow Muslims.

You can see the gravity of penalty imposed by the law upon conviction does not reflect the actual damage which might be cause to the public as result of the commited offence.


 
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