94 No. 3
Electronic and Postal Communications
2010
(d) Additional offences and penalties
Damaging
postal or
electronic
communication
installation or
plant
151.(1) Any person who willfully removes, destroys or
damages any installation or plant used for postal or Electronic
communication services commits an offence and shall be liable on
conviction to a fine not less than one million shillings, or to
imprisonment for a term not less than three years or to both.
(2) Notwithstanding sub-section (1), any person who
damages or suffers to be damaged any cable of a communication
system belonging to or under the management or control of a public
postal licensee commits an offence and shall be liable on conviction
to a fine not less than one million shillings, or to imprisonment for a
term not less than three years or to both.
(3) Where an offence under sub-section (2) is committed
by any person acting as the agent or employee of another person, or
being otherwise subject to the supervision or instructions of another
person for the purposes of any employment in the course of which
the offence was committed, that other person shall without
prejudice to the liability of the first-mentioned person, be liable
under that subsection in the same manner and to the same extent as
if he had personally committed the offence unless he proves to the
satisfaction of the court that the offence was committed without his
consent or connivance or that it was not attributable to any neglect
on his part.
(4) In any proceedings for an offence under the provision
sub-section (2), it shall be a defence for the person charged to prove
that he took all reasonable precautions and exercised all due
diligence to avoid the Authority of the offence.
General
Offences
152.(1) Subject to the specific penalties set forth
elsewhere in this Act, any person who contravenes or fails to
comply with a provision of this Act commits an offence and is
liable on conviction, for each such breach, to a fine not less than
five million Tanzanian shillings or to imprisonment term not less
than twelve months or to both.