Kasomi
JT Founder
Title: The TIS Act of 2024: Legalizing Abductions and Dismantling Accountability in Tanzania
By Dr. Wilbrod Slaa
In recent years, Tanzania has witnessed an alarming increase in cases of abductions, disappearances, and arbitrary detentions. At the heart of this troubling trend lies the Tanzania Intelligence and Security Service (TIS) Act of 2024, a piece of legislation that, under the guise of national security, has granted unchecked powers to an institution that now operates beyond legal, procedural, or democratic accountability.
The TIS Act, in its current form, authorizes the TIS to detain individuals at will—without a single provision detailing what should happen to the detainees after arrest. Unlike the police, the TIS has no legally designated holding stations. There is no law stating where arrested individuals should be taken, who is responsible for their custody, or what legal rights they retain upon arrest.
Moreover, the Act fails to provide any clear post-arrest guidelines. Under Tanzanian criminal law, police must ensure that a suspect’s statement is recorded within four hours, and the rights of the accused are clearly outlined and protected. Additionally, police procedures are governed and clarified by the Police General Orders (PGO). The TIS Act, in stark contrast, offers no such mechanisms. It legalizes power without responsibility.
The law also permits the use of weapons, handcuffs, and other coercive instruments by TIS officers. But again, unlike the police force, there is no legal framework for the custody, use, or regulation of these potentially lethal tools. Where are they stored? Who authorizes their deployment? What safeguards exist to prevent abuse? The law remains silent.
As a result, TIS has become a state within a state—operating in legal shadows, unanswerable to the judiciary, the legislature, or the public. This erosion of checks and balances threatens not only individual freedoms but also the democratic fabric of our society.
The most troubling aspect, however, is the silence that accompanied the passing of this law. Intellectuals, professionals, civil society organizations, and lawmakers alike failed to raise a collective voice in defense of civil liberties. This silence has enabled the normalization of a legal regime that institutionalizes fear, secrecy, and repression.
In conclusion, the current legal framework governing the TIS must be urgently reviewed. The law must be restructured to introduce clear oversight mechanisms, ensure transparency, and restore public accountability. Only then can we begin to reverse the damage and reclaim the principles of justice and the rule of law.
We are now harvesting the bitter fruits of a silence that allowed a bad law to thrive. It is time to speak out—and act.
By Dr. Wilbrod Slaa
In recent years, Tanzania has witnessed an alarming increase in cases of abductions, disappearances, and arbitrary detentions. At the heart of this troubling trend lies the Tanzania Intelligence and Security Service (TIS) Act of 2024, a piece of legislation that, under the guise of national security, has granted unchecked powers to an institution that now operates beyond legal, procedural, or democratic accountability.
The TIS Act, in its current form, authorizes the TIS to detain individuals at will—without a single provision detailing what should happen to the detainees after arrest. Unlike the police, the TIS has no legally designated holding stations. There is no law stating where arrested individuals should be taken, who is responsible for their custody, or what legal rights they retain upon arrest.
Moreover, the Act fails to provide any clear post-arrest guidelines. Under Tanzanian criminal law, police must ensure that a suspect’s statement is recorded within four hours, and the rights of the accused are clearly outlined and protected. Additionally, police procedures are governed and clarified by the Police General Orders (PGO). The TIS Act, in stark contrast, offers no such mechanisms. It legalizes power without responsibility.
The law also permits the use of weapons, handcuffs, and other coercive instruments by TIS officers. But again, unlike the police force, there is no legal framework for the custody, use, or regulation of these potentially lethal tools. Where are they stored? Who authorizes their deployment? What safeguards exist to prevent abuse? The law remains silent.
As a result, TIS has become a state within a state—operating in legal shadows, unanswerable to the judiciary, the legislature, or the public. This erosion of checks and balances threatens not only individual freedoms but also the democratic fabric of our society.
The most troubling aspect, however, is the silence that accompanied the passing of this law. Intellectuals, professionals, civil society organizations, and lawmakers alike failed to raise a collective voice in defense of civil liberties. This silence has enabled the normalization of a legal regime that institutionalizes fear, secrecy, and repression.
In conclusion, the current legal framework governing the TIS must be urgently reviewed. The law must be restructured to introduce clear oversight mechanisms, ensure transparency, and restore public accountability. Only then can we begin to reverse the damage and reclaim the principles of justice and the rule of law.
We are now harvesting the bitter fruits of a silence that allowed a bad law to thrive. It is time to speak out—and act.
