TOPIC THREE

THE RECORDS MANAGEMENT

LEGISLATIONS

By
AUDIPHAX S. MAFURU IAA
Audiphax Sweetbert
1 Mafuru 11/20/2024
 Introduction
Legislations: refers to laws enacted by a
legislative body in a given place which are
meant to be followed by the citizens. These
are Acts, regulations and guidelines.
 Records and archives management
profession like any other professions has
legislations that guide its operation.
 These laws are important to the profession as
they instill discipline to the professionals,
promote stability at work and ensure that
records as evidence of government actions
are properly preserved for various purposes
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 The Records and Archives
Management Act No.3 of 2002

 Is a act enacted in 2002 to guide the whole

process of managing Records and Archives of
United Republic of Tanzania as an essential
component of effective administration and
accountable government.
 It was passed in the National Assembly on 1st
Februay,2002 and approved by Benjamin W.
Mkapa the president of United Republic of
Tanzania by the time, on 28th March,2002.

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 Reasons or essence for its enactment
I. To repeal/replace the Records (Disposal)
Ordinance,1931 and the National Archives
Act,1965
II. To provide proper administration
III. To secure records by indicating time to access
records
IV. To improve the arrangement for lifecycle
management of the public records and archives
V. To ensure public offices create adequate
records of their actions and transactions.
VI. Timely disposal of records
VII. Preserving archives with enduring value
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 Parts/Elements of the Records and
Archives Management act no.3 of 2002
 PART I-Preliminary Provisions
 PART II-The National Records and Archives
Management Department
 PART III-Responsibilities for Records and
Archives Management
 PART IV-Access to Public Records
 PART V-Financial provisions
 PART VI-Offences and Penalties
 PART VII-Legal Provisions
 PART VIII-Miscellaneous Provisions
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 Functions of Records and
Archives management
Department.

The Department shall ensure that public

offices follow good record keeping practices
The Department shall establish and implement
procedures for the timely disposal of public
records of no continuing value;
The Department shall advise on best practices
and established standards in record keeping in
the public service

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 Functions of Records and Archives
management Department.
The Department shall ensure transfer of
public records of enduring value for
preservation in the National Archives.
The department shall Preserve and
provide access to archival materials
within archival institutions
The department shall establish and
occupy buildings for discharge of its
duties like centers for keeping semi
current records.
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 Responsibilities of Heads of public, Parastatal office and local authorities.

 For current records

 Creating and managing current records within
appropriate filing systems;
 Drafting retention and disposal schedules relating to
records specific to each public office.
 Implementing retention and disposal schedules
 Transferring semi-current records into the custody of
the Director (record centre)
 Appointing qualified officer to coordinate records
management activities in the Department

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 Responsibilities of Heads of public,
parastatal office and local authorities.
 For semi current records
maintaining the integrity of all semi current
records returned temporarily in their
institutions:
Approving access by third parties, other than
authorized personnel of the Department and of
the public office which created them
Maintaining semi-current records whose transfer
has been deferred as secret or confidential and
remained in their custody.
 Transferring records of enduring value(deferred as
secret or confidential and remained in their custody
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)
into Audiphax
the custody of the Director
Sweetbert Mafuru
 Access to public records as per the RAM
Act 2002.

 The public records must be disclosed after

thirty years from date of creation as per
RAM Act of 2002
 After thirty years any records which have
been classified as confidential or secret
shall cease to be classified for public
inspection or access except in so far as
they may into on the following grounds of
restrictions.

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 Access to public records as per
the RAM Act 2002.
The following are the grounds of
restrictions.
i. National security.
ii. Maintenance of public order.
iii. Safeguarding the revenue.
iv. Protection of the privacy of living
individuals.

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 Other acts that relate to Records
and Archives management
 A part from The National Records and Archives
Management act no.3 of 2002, there are other
Acts that contain sections addressing and
guiding on Records and Archives management.
 National Security act No. 3 of 1970
 Tanzania public service Act of 2002.
 Evidence act No. 6 of 1967 revised 2002
 Law of Limitation Act of 1971
 Founders of the Nation Act No.3 of 2004
 Immigration Act of 1971
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 Other acts that relate to Records
and Archives management cont…
National Security Act No. 3 of 1970
The act was developed and approved by
J.K.Nyerere in 30th march 1970.
Section five (5)of the Act insists on the
protection of classified information (Top
secret, Secret and Confidential
information).

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 Other acts that relate to Records and
Archives management cont…

5.-(1) Any person who communicates any

classified matter to any person other
than a person to whom he is authorized
to communicate it or to whom it is m the
interests of the United Republic his duty
to communicate it shall be guilty of an
offence and liable on conviction to
imprisonment for a term not exceeding
twenty years.

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 Other acts that relate to Records
and Archives management cont…

Tanzania public service Act no.8

of 2002.
The act was developed and approved
by B.W.Mkapa in 27th may 2002.
Section eighteen (18)of the Act
Prohibits of un authorized disclosure
of information.

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 Other acts that relate to Records
and Archives management cont…
18.-(1) No member, officer of the
commission or any other person shall
without the written permission of the
president, publish or disclose to any
unauthorized person or otherwise than in the
course of duty, the contents of any
document communication or information of
any kind which has come to his knowledge in
the course of the performance of duties
under this Act
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 The records and archives
management Regulations. 2007
 They were formulated in 30th march
2007 to implement the Records and
Archives management Act no.3 of
2002
 In order to implement the Act, The
regulations contains several parts with
issues to consider in the whole
process of records and archives
management.
 These include the following;
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 PART ONE
Preliminary provisions
This part shows citation of the
Regulation as Records and
Archives management
Regulations,2007.
Also it shows the interpretation
(the meaning of key terms) like;
 Act, Archives, Board,
Department and etc
In other word can be termed as
glossary
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 PART TWO
Keeping, Maintenance and Access of
Records

 The section provides guidance on keeping

records by public office, identification of
vital records, management of semi current
and non current records.
 It shows on how to transfer records,
suspension of transfer , monitoring
inspection of records, terms and condition
on transfer of records.
 Also the part shows on how to access
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 PART THREE
Acquisition and Preservation of
Archives

 The part shows acquisition of both public

and private records and time limit for
acquisition, Enforcement of transfer or
acquisition of records and place of
deposit.

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 PART FOUR
Maintenance of Archives

 This part provides the guidance on the

maintenance of archives on
Accessioning, Arrangement of archives,
Location of archives and creation of
Finding Aids.

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 PART FIVE
Access to Archives

 This section identifies a person entitled

to access archives, notification for
accessibility, Requirement for access
and procedure for access of archives.
 Also this part provides the guidance on
Reprography of archives, Restriction to
person in the search room and limit on
opening and closing search room.

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 PART SIX
Disposition of Records and
Archives

It guide on the disposition of

records and archives by showing
types of disposal and procedures
for disposition.

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 PART SEVEN
Export of Archives

This part shows terms and

conditions for export of records or
archives, procedure for export,
conditions for license for export
and revocations.

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 Importance of Regulations
They help to communicate in the agency
about the legal requirement. For instance
in records management, Regulation
communicates on the requirement of RAM
Act No 3 of 2002
They ensures a corporate culture on best
records keeping practices
They ensure transfer and preservation of
public records of enduring value

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 Importance of Regulations
Cont…

With the same regulations, can lead to

attain the planned goals. In the field of
records management, Regulations
enhance the achievement of best record
keeping practice.
They ensure security of records by
providing guidance on management and
caring records from creation to
disposition.

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 Importance of Regulations Cont…

Promote public trust by projecting a

positive image to customers. Once any
company performs duties (Records
management) under consideration of
regulations, customers will trust the
company since service will be provided
efficiently and effectively.
They ensure to have control on access
especially confidential and access by third
part
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 ASSIGNMENT
ASSIGNMENT
Group One
Explain Founders of the Nation Act
No.3 of 2004 and outline parts of the
Act related to records and archives
management

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 GROUP 2 ASSIGNMENT
Explain immigration Act of 1995 and
outline parts of the Act related to records
and archives management.

GROUP 3 ASSIGNMENT
Explain Evidence Act of 1967(revised 2002)
and outline parts of the Act related to
records and archives management.

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 GROUP 4 ASSIGNMENT
 Describe parts of Registry procedural
manual of 2007

GROUP 5 ASSIGNMENT
 Describe parts of Desk instructions for
Registry Staff and Records Users of 2009

GROUP 6 ASSIGNMENT
 Describe parts of Guidelines and Procedures
for Managing Personnel records in the Public
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 GROUP 7 ASSIGNMENT
 Explain principles and requirements of
Records management program as
provided by ISO 15489 part one.

GROUP 8 ASSIGNMENT
 Describe the process of developing
records management system and
importance of records management as
provided by ISO 15489 Part one.

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Mafuru