40 No. 18
Tanzania Communications
1993
(2) 'Notwithstanding subsection (1), any person who damages or suffers to be damaged any cable of a telecommunication system belonging
to or under the management or control of a public telecommunication
or postal licensee commits an offence and shall be liable on conviction
to a fine not exceeding hundred thousand shillings, or to imprisonment
for a term not exceeding three years or to both such fine and imprisonment.
(3) Where an offence under subsection (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 subsection (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 commission of
the offence.
Compensation for
damage
caused to
public
telecommunication or
postal installation
or plant
78.-(1) Any person who removes, destroys or damages, whether
wilfully, negligently, accidentally or otherwise, the installation or plant
used for telecommunications or postal services shall, in addition to any
penalty for which he is liable for an offence under this Act, be liable to
pay compensation for the damage he has done and the compensation
shall be recoverable by civil action or suit before any court of competent
jurisdiction.
(2) Subject to subsection (1), any court before which a person is
charged with an offence under this Act may assess the compensation
payable under this section and may make an order for the payment of
the same.
(3) Any order under subsection (2) may be enforced as if it were a
judgment in a civil action or suit.
Penalty
for removing an
y mark denoting
used device for
telephone
purposes
79.-(1) Any person who, with fraudulent intent, erases or removes
from any device, any mark put or impressed upon the device denoting
that the same has been used, or sells or uses any such device commits
an offence and shall be liable on conviction to a fine not exceeding three
hundred thousand shillings, or to imprisonment for a term not exceeding
three (3) years or to both.
(2) For the purpose of this section, ''device'' means any device provided for use by a public telecommunication licensee for accessing any
telecommunication equipment of the licensee to enable the telecommunication service of the licensee to be used.