Tanzania

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • A vehicle may be seized in Tanzania if it has been reported stolen, recorded in the file of stolen vehicle, or if it has been circulated in the Interpol Database of stolen Motor vehicles.
  • Vehicle can also be seized by the Tanzania Police Force when the request has been received from the foreign country indicating that such vehicle has been reported stolen and that such information has not yet been circulated in the Interpol database of stolen motor vehicles.
  • The Tanzania Police Force may seize a vehicle, if there are reasonable grounds to believe that it forms part of the evidence in the commission of a criminal offence or attached in a civil case.
  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)
  • The channels used to notify the owner are through Interpol, the NCB will make notification via Regional Crime Officers where the case was reported or it has been seized.
  • The NCB is equally used to notify parties in foreign Countries through their NCBs.
  1. Who is responsible for the storage of the seized vehicle?
  • The seized stolen vehicles are stored by the Police at the Police premises. For those vehicles seized during joint operations, they are stored in special designated pound areas in one of the chosen Police stations.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • There are no charges required for storage of the seized vehicles unless otherwise stated.
  1. How does a stolen vehicle get restored to its legal owner?
    Do the police have authority to restore the vehicle?
    The Police can restore a vehicle to its owner, if, such vehicle has been disclaimed by the suspect by writing a ‘Deed of Disclaimer’.
    The statement from the legal owner must be recorded, also the owner will be required to produce ignition key and should positively identify his/her motor vehicle.

Is it the local court that authorizes release of the vehicle?
When there is a dispute about ownership of the vehicle that cannot be easily resolved, the local court is responsible for the legal decision.

Is it necessary to have a “ commissioner rogatoire” to recover the vehicle?

  • No

What documentation does the owner have to provide in order to recover the vehicle?
The legal owner wishing to recover the vehicle must be in possession of all documents to prove ownership i.e Original purchasing documents, Importation documents if any, and Registration cards and any other relevant document relating to the possession of the vehicle.

  1. 6. Are there any time limit associated with the recovery of the motor vehicle? (i.e after certain period of time the vehicle become the property of the state or Police etc)
  • Yes, after a certain period, if the witness fails to appear to identify his/her motor vehicle and to testify before court, the court may reach a decision in favour of the suspect.
  • Where a person is convicted of an offence and the court is satisfied that any property which was in his possession or under his control at the time of his apprehension, the court may order for forfeiture.
  1. Please give details of relevant legislation.
  • The Tanzania Penal Code, Cap. 16 of the Law, The Criminal Procedure Act, No. 9,Cap. 20 1985, the Evidence Act,Cap. 6, 1967 and The Economic and Organised Crime Act, Cap 200.
  1. If the law in your country preclude the restitution of a stolen vehicle to its original owner, please give the reason why?
  • In Tanzania the vehicle remains stolen until restored to the owner or other lawful authority such as state etc. No rights of ownership can be transferred through theft. The innocent purchaser does not acquire rights of ownership, but the vehicle can temporarily be released to him/her pending legal proceedings.
  1. Does your country have any bilateral treaties, conventions, or agreements with the recovery of stolen property? If so, please describe how they operate and give details of the country concerned.
  • There are no bilateral treaties dealing specifically in this area. However there is a convention on mutual assistance in International Criminal Matters which is for sharing information and mutual judicial assistance governed by legislation of the country concerned.
  1. Reference points, for assistance in case of difficulties. The reference point for assistance in case of any difficulties is:
    NCB Darsal.
    Tel: 255-22-2118222
    Fax: +255-22-2118223 and I-24/7

Last update : January 2007.