WOULD you, esteemed reader, believe that there’d be a day when there’d be NO NEWS ‘worth releasing – especially by the highly-reputable British Broadcasting Corporation (BBC)? Reportedly, on April 18, 1930, the BBC blithely announced in their evening programme that “there’s no news!”Add a comment
Following the 2016 Brexit referendum, Britain needs to forge new and strong strategic alliances and trade relationships. Where and how does Africa feature in this equation? Despite significant challenges, both Britain and Africa could emerge as winners from a rapidly shifting and uncertain global landscape. Smart policies and diplomacy could allow Britain to capitalise on the indifferent economic attitude the rest of the Western world has towards Africa.Add a comment
FOR an almost scandalously long period, spanning phases ranging from when I was a legal drinker of milk, to a similarly legal drinker (but not becoming excessively drunk) of the senior waters of Mchikichini in Dar and Kijenge in Arusha, I have been considerably starved of something that is invisible, that is almost as precious as the visible tanzanite gemstone.Add a comment
POLITICAL analysts and historians have long warned or predicted that the principal causes for the Third World War would revolve around water, food and fuel. Developed countries are aware of it and have thus taken every precaution to mitigate its consequences.Add a comment
THE turn up of women in their hundreds at the offices of the Regional Commissioner for Dar es Salaam on Monday 9th April to seek his assistance in nabbing wayward co-parents (men) who were not providing maintenance for their children, was, and is still, the talk of the town.Add a comment
I hear about proving a case beyond reasonable doubt. What does that mean and what are its consequences? HY, Dar
Reasonable doubt is a term used in jurisdiction of common law countries inclusive of Tanzania. Evidence that is beyond reasonable doubt is also the standard of evidence required to validate a criminal conviction in most systems where the Courts adopt an adversarial approach. Generally, prosecutors bear the burden of proof and are required to prove their version of events to this standard. This means that the proposition being presented by the prosecution must be proven to the extent that there could be no “reasonable doubt” in the mind of a “reasonable person” that the defendant is guilty.
There can still be a doubt, but only to the extent that it would not affect a reasonable person’s belief regarding whether or not the defendant is guilty. Hence if the prosecution cannot prove its case beyond a reasonable doubt, then the accused is entitled to be discharged since there is a reasonable chance that she/he did not commit a crime.
Courts have stated that “It is better that ten guilty persons escape than that one innocent suffer”. The judicial systems want to make sure that no innocent man is convicted of an offence, even if it means that the guilty are sometimes let free due to this very high standard of evidence. As a defence attorney, your job is thus to bring in some doubt in the Judges and assessors minds that the accused is not guilty, even if there is a chance that he is; so long as there is some doubt that he might not be guilty, he cannot be convicted.
Whatsapp obscene, pornographic messages
I am a father of three and my daughters have cell phones which I proudly bought for them. Sadly there are so many obscene and pornographic messages flying around on WhatsApp, text and e mail including video clips of disgusting nature. Isn’t there a law which provide for these things? AL, Dar
The Electronic and Postal Communications Act of 2010 states that any person who by means of any network services or applications service provides any obscene communication to any person commits an offence and shall, on conviction, be liable to a fine not less than five million Tanzanian shillings or to imprisonment for a term not less than twelve months, or to both and shall also be liable to fine of seven hundred and fifty thousand Tanzanian shillings for every day during which the offence is continued after conviction.
As per the said provision, the penalty for such communication is serious with hefty fines and possible imprisonment. If you can pin point the persons who sends such messages to your daughters, you can report the matter to the relevant authorities and proper measures can be taken against them. Even if you cannot pinpoint such a person, this is reportable as all mobile phone numbers are registered. Your lawyer can guide you further.
Pornography is also illegal under our penal statutes- very few people seem to remember that. It is an offence that is imprisonable. Furthermore, under the newly passed Cyber Crimes Act 2015, publishing pornography attracts a fine of between 20 to 30M shillings with a custodial sentence of 7 years.
English law for Tanzanian contract
I executed a contract to be performed in Tanzania but the choice of law is English and English courts have jurisdiction to resolve the disputes. Now the other party has breached the agreement and I don’t see the necessity of filing a case in the chosen jurisdiction, can’t I sue locally? Can I be forced to perform a local contract with a foreign clause such as this? Is there no law to protect me? JK, Arusha
Courts always endeavor to observe the exact word of the contract as agreed by the parties because the intention of the parties at the time of contracting must be respected unless the Court has reasons to depart from the intention of the parties, which is quite rare. It is unlikely that the Courts will agree to entertain the dispute in Tanzania while both of you expressly agreed to apply English law and chose English Courts.
The best available option for you is to request the other party to agree to apply Tanzanian law and Tanzanian Courts to have jurisdiction which we doubt they will agree to. Such contracts are not uncommon and even if a Tanzanian Court had jurisdiction, such a Court would not know the English laws and hence would not in any case be able to entertain this here. As for being forced to stick to English Courts, please note that this was the clause both of you agreed to by signing on the contract.
You cannot now turn around and say that it should not apply. The four corners of a contract are to be respected. Your lawyer can guide you further.
Attending burial of mother whilst in prison
My uncle has been in prison for the past 5 years and has a good disciplinary record with the prison authorities. His mother passed away few months ago and he was informed of this in a timely manner. His application to go for last respects was denied. Is that legal? This has really disturbed me especially considering that all he asked for was to go to Church in Dar where he is imprisoned. RE, Dar Unfortunately the law and the rules governing detention of prisoners are very strict, not only in Tanzania but in many other developing countries
. Facilities of providing escorts to attend funerals are not easily available, and for the sake of safety there is a standard provision that a prisoner cannot go for funerals of their loved ones. It is indeed very sad but the circumstances seem to dictate so. To change this, you can suggest so to the Law Reform Commission of Tanzania to take this up.Add a comment
COMPARED with world class national parks such as Serengeti, Tarangire, Manyara and Kilimanjaro, while it is marvelously located on the shores of the Indian ocean Saadani is not well known in and outside Tanzania because of different reasons.Add a comment
TO any right thinking person would not understand the idea behind ranking prisons in terms of their suitability and comfort in Africa and the world at large. Why should it be like that, but it just happened recently, when Luzira Prison of Uganda was said to be the best prison in Africa.Add a comment
R.I.P Nomzamo Winfred Madikizela. Indeed, Africa and the world is moaning the loss of one of the greatest antiapartheid stalwart. Winnie died at the age of 81 at a Johannesburg hospital where she was hospitalised for almost three months suffering from a kidney infection.Add a comment
INSPIRATIONAL writers and speakers tell us that it is never too late to realize an achievement. Specifically it is never too late to make it into the billionaire club.Add a comment
THE start of this week has been gloomy. Practically all global news agencies and TV stations were focused on South Africa, breaking with the news of the passing away of the mother of the South African Nation, Winnie Madikizela- Mandela.Add a comment
BORN in Atlanta, Georgia, on January 15, 1929, Dr. Martin Luther KingJr. (MLK-Jr) was assassinated in Memphis, Tennessee, fifty years ago to the day: April 4, 1968. Exactly one year earlier – on April 4, 1967 – MLK-Jr delivered his speech ‘Beyond Vietnam: a Time to Break Silence’ in New York’s Riverside Church.Add a comment
DEAR Wabunge and fellow citizens. Greetings and karibu Dodoma! In my column today, I have a voter’s letter for you. I am delighted most of you are already in Dodoma set for an important Bunge session.Add a comment
THE construction sector is an important contributor of the economies of most nations, Tanzania included. This sector also plays the role of the barometer that tells at any particular point in time, how the economy is fairing.Add a comment
TANZANIA recently joined the rest of the world to mark water week, the time when the country commemorates the week, data from the Ministry of Water and Irrigation indicate that access to water in the country ranges between 50 to 60 per cent.Add a comment
HAPPY Easter to you all. Hope this long weekend has found you well. Today I will be talking about numbers. Me and numbers have never seen eye to eye for reasons unknown.Add a comment
I HAVE always believed only in what I can see. Why? There is so much grey in what we hear that most of us get easily swayed by the spoken word.Add a comment
TORTOISES are reptilians which are clearly identified by a shell which is used for protection against predators, when faced with danger. Instead of running, a tortoise will retrieve its head and other delicate parts such as legs and tail into the shell for a cover against any attack.Add a comment
THIS week I took time to visit two important places and mass pulling areas in Dar es Salaam. I first visited Vingunguti abattoir and therefore had to drive through Buguruni kwa Mnyamani all the way to the goat market.Add a comment
IT is nice to back at my desk in Mbweni, Dar es Salaam, after a week in Washington, where I attended the World Bank Annual Conference on Land and Poverty. Nobody has asked me anything about the Conference, but several of my acquaintances have ‘demanded’ their presents from “Marekani”. It is everybody’s expectation.Add a comment
SUDDEN Infant Death Syndrome, also referred to as cot death, is a term used to describe the situation when a baby dies suddenly and unexpectedly for no apparent reason. Sudden death in infants (cot death) is a shocking incident that may occur at any time.Add a comment
THE social media was awash last week, with the news that Hon. Zitto Kabwe, the leader of the ACT- Wazalendo Opposition political party, and member of Parliament (MP) for the Kigoma Urban Constituency, is planning to introduce an ‘alternative budget’ in Parliament, during its forthcoming budget session, which is scheduled to commence on April 3rd, 2018.Add a comment
WHEN, pray–if ever–will TaSAF, MKUKUTA, reach out to families the likes of 10- year old Antony Petro Magogwa in Ngara District, and the Marita Malambi family in Dakawa-Ukutu village, Morogoro Region?Add a comment
WE live in a society full of disturbances and turbulences. In our everyday life, we are faced with challenges which interrupt our planned events and activities. Some of these disruptions are so severe that they affect our day to day process of life from continuing as usual or as expected. Sebastian Thrun, simply submits:Add a comment
TANZANIA is estimated to have Three Million housing units deficit with the demand growing at two hundred thousand annually.Add a comment