Q&A – 17 March 2014
Husband’s will says I don’t remarry
I am a beautiful and wealthy widow. My husband passed away testate in an accident four years ago. Soon after my husband passed away, a will alleged to be his was presented and without any other condition, my husband had said that I should not re-marry when he dies. I have tried to put up with his wishes but am now deeply in love with another man who I want to marry. My children are now grown up and finalizing their secondary education thus I have no further issues. My in laws have found out my intentions and have warned me not to attempt to remarry. Is this condition legal? Am I obliged to follow the will? Can these in-laws prevent my second marriage? Can this condition affect what I have inherited? Please guide.
RD, Dar
It is surprising to find such a wish in the will. As a matter of law status of widows and marriages is clearly governed under the Law of Marriage Act [Cap 29 R.E. 2002] which under Section 68 provides that notwithstanding any custom to the contrary, a woman whose husband has died shall be free to reside wherever she may please and to remain unmarried or remarry again any man of her own choosing. However, where parties were married in the Islamic form the widow shall not be entitled to remarry until after the expiration of the customary period of iddat, which is a period of 4 months and 10 days after the death, which in your case is long over.
Despite factual existence of the predicament in the will, there is nothing legally which prevents you from marrying another man. The in-laws cannot legally prevent happening of your intended second marriage. As a matter of courtesy you may use elders to sort this out for you. Our experiences shows that in the local Tanzanian cultures, widowers remarrying is not new phenomena.
Also what you have inherited continues to belong to you, and in our opinion, will continue to belong to you, notwithstanding that there is this condition in your husbands will. However we recommend your Attorney look at this.
Defiance to pay despite Court order
My friend supplied some cereals to a certain man who never paid him. They wrangled in primary court where my friend was successful and the primary court ordered the man to make payment of a certain amount of money within one month. The amount awarded was not that big and I am 100% sure that to the debtor the amount is peanuts. My friend wrote to this man requesting for the payment but strangely this man replied to in writing that he would rather die than pay the money. I do not understand why he behaves this way while he is capable of paying? To the best of my knowledge there is no appeal against the decision preferred by him and the time for appeal has expired. Is this not against the law?
JI, Arusha
Under the Penal Code [Cap 16 R.E. 2002] Section 114 (1) (j) provides that any person having the means to pay compensation or costs or any other sum in civil or criminal proceedings awarded against him by a primary court, and wrongfully refuses or neglects after due notice to make payment in accordance with any order for payment whether or not by installment is guilty of an offence, and is liable to imprisonment for six months or to a fine not exceeding five hundred shillings.
Perhaps the man who was supplied cereals is unaware of the above provision which in itself is inexcusable. But the behavior portrayed by this man is uncalled for and undermines the majesty of the Court thus punishable. So long as this is a criminal offence, we call you to set in motion the criminal justice machinery so that rule of law is observed. Your attorney can guide you further.
Diplomats cannot be touched
Why is it that diplomats cannot be touched in Tanzania? We are too soft on this. How can we change? I am shocked.
PF, Dar
We are not sure what you mean on how we can change. We are signatory to the Vienna Convention and our diplomats are accorded the same privileges in these other countries. You must also remember that we have good diplomatic support in Tanzania and your comments are totally misguided and likely unwelcome.
Furthermore, and to add further shock to you, the Vienna Convention also offers the following: Article 9. The host nation at any time and for any reason declare a particular member of the diplomatic staff to be persona non grata. The sending state must recall this person within a reasonable period of time, or otherwise this person may lose their diplomatic immunity.
Article 22. The host country must never search the premises, nor seize its documents or property. Article 30 extends this provision to the private residence of the diplomats and that is why you see the private residents of diplomats clearly marked in Dar. Article 27. The host country must permit and protect free communication between the diplomats of the mission and their home country. Article 29. Diplomats must not be liable to any form of arrest or detention. They are immune from civil or criminal prosecution, though the sending country may waive this right under Article 32. Under Article 34, they are exempt from most taxes, and under Article 36 they are exempt from most customs duties. Article 31.1c Actions not covered by diplomatic immunity: professional activity outside diplomat’s official functions and that is the reason most diplomats do not engage in anything beyond their “diplomatic scope of work.”