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| Carrying a knife |
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For many years now I have been carrying a knife which opens automatically. About five months ago, after having had a late night meal along one of the joints on Morogoro road, I was stopped by armed policeman in a Land rover who demanded to search me. I had nothing to hide and succumbed to cooperating. They found the knife and put me under arrest. It has been a very unpleasant experience for me thereafter. Surely knives are legal to carry? Please guide. |
| YK, Dar |
The Arms and Ammunition act clearly states that any person carrying or having in his possession or moving, or reasonably suspected of carrying or having in his possession or moving, any firearms, ammunition or prohibited arms in contravention of this Act may be arrested without a warrant by any police officer, and shall be conveyed as soon as may be practicable to a police station, to be dealt with according to law.
This law further states that it shall be lawful for any police officer to stop, and to search any person for arms (a) whom he may find in any street or other public place between
hours of 12 p.m. and 6 a.m.; and (b) whom he may find in any street or other public place, at any
hour of the day or night, who acts in a suspicious manner, or whom he may suspect of having any arms in his possession.
Your type of knife is called a "flick-knife" which is defined as any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife.
Believe it or not but the definition of arms includes a flick knife. Arms is defined to include–
(a) every firearm of any description; (b) every air gun and every other kind of gun from which any shot,
bullet or other |
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missile can be discharged; (c) every sword, cutlass, spear, pike, bayonet, dagger, fighting iron, flick-knife, gravity knife or other deadly weapon; (d) every gun, pistol or other propelling or releasing instrument or mechanism, from or by which any shell, cartridge, bomb, grenade, or projectile, containing any gas or chemical, could be discharged;
With the above analysis, it is clear that your type of flick knife is an arm as defined under this law and if you cannot carry it without registering it. In fact the flick knife is in the same category as a gun and the police had a right to arrest you as you were carrying an arm illegally. Your lawyer can provide further guidance.
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| Licences for animal feed |
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I am a lawful abiding citizen living for gain in Dar. I want to join the government in its new policy of Kilimo Kwanza which aims at encouraging growth of the agriculture sector. I plan to focus on the business of making animal feed from various resources which I have found in plenty and easily available in my area. In addition I have a friend from Europe who has offered to assist in sending me simple machines for that purpose. The local government officer tells me that I might need a licence. Is this true? It is quite disappointing that there is so much bureaucracy in the President’s initiative. |
| HL, Pugu |
The fact that you want to support government efforts through Kilimo Kwanza policy is commendable but that does not mean that the law should not be followed. You also seem to be over sensitive about our laws in Tanzania. Your sector, as in other countries, is regulated in Tanzania and rightly so.
To start your business you need to comply with the law regulating making of animal feeds. The law governing this area is the Grazing and Animal Feed Resources Act No 13 of 2010. This is the law which |
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provides for the management and control of grazing lands, animal feed resources and trade and to provide for related matters. In this Act animal feed resource is defined to include animal feeds, feedstuffs and feed additives.
This law has further made it an offence for a person to manufacture animal feeds without a permit. However to achieve the venture you must first register the premises where you shall be manufacturing such animal feedstuff.
Your application for this permit should be made to the Director within the organizational structure of the Ministry of livestock and fisheries development.
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| Area planning and change of land use |
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I have been expecting the municipal office to prepare a detailed planning scheme over my area for the last three years which they have not done so far. Is there a possibility for me to plan my own area? Also I have a certificate of title over another piece of land, can I change the use of such land? |
| SK, Tabora |
The Urban Planning Act provides that, the land holder may prepare a detailed planning scheme on his land notwithstanding that detailed planning has been prepared by the planning authority provided that the detailed planning scheme conforms to the general planning scheme. Hence it is necessary for the general planning scheme to be in place before you can be entitled to prepare a detailed planning scheme. Once the same is prepared, you must lodge it at the relevant urban or rural authority for approval before you proceed to implement such plan.
Also it is possible to change land use provided you lodge an application in a prescribed form for change of land use in the relevant urban or rural authority. You may not change the use unless and until the respective authority gives you written consent. |
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| This column is intended to give you a general over view of
the Law. It is not a substitute
to the role of your legal advisor. If you
have legal issues, you are strongly recommended
to contact your Attorney. |
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