Three months ago our company advertised vacancies for drivers. In the advertisement we listed qualifications for the position, one being a form four graduate with a valid form four academic certificate. In the course of shortlisting the applicants we have realised that there are applicants who presented to us forged certificates purporting to have been issued by the National Examinations Council of Tanzania. This is the second time we are receiving forged academic certificates presented by job seekers. Is this not a crime here in Tanzania?
Presentation of forged academic certificate purporting to have been issued by the National Examination Council of Tanzania to a prospective employer for the purpose of getting employment or admission to a learning institution is a crime under section 17E of the National Examinations Council of Tanzania Act [Cap107 R.E 2002] as amended by Act No.12 of 2019.
This punishment for this offence of presentation of forged certificate or diploma purporting to have been issued by the National Examination Council of Tanzania is a fine of not less than TZS 10M or imprisonment for a term of not less than 3 years. This offence was created in 2019 by Act No 12 of 2019 after the government at the time sacked public servants with forged form four or form six certificates.
Prior to this amendment, the offenders presenting forged school certificates to their employers or to learning institutions were charged with uttering false documents contrary to section 342 of the Penal Code. However, proving this offence posed challenges to the prosecutors because this offence requires proof of intention to defraud the victim, which is not easy. Ordinarily a person presenting a forged certificate to the employer or a learning institution intends to get a job or admission and not to defraud the employer or the learning institution and hence the difficulty in getting a conviction.