Q&A – 31 August 2015
Death sentences
For someone who has committed murder, does Tanzania still have the death sentence? If it does, what happens during the pendency of an appeal at the Court of Appeal- does the accused have to apply for a stay of execution? What are the modes of carrying out the death sentence?
KM, Arusha
Yes, the Penal Code, which deals with criminal matters in Tanzania, provides for death sentence for offences like murder, treason and others.
Section 26 states that (1) When any person is sentenced to death, the sentence shall direct that he shall suffer death by hanging.
(2) Sentence of death shall not be pronounced on or recorded against any person who, in the opinion of the court, is under eighteen years of age, but in-lieu thereof the court shall sentence such person to be detained during the President’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Minister for the time being responsible for legal affairs may direct, and whilst so detained shall be deemed to be in legal custody.
(3) When a person has been sentenced to be detained during the President’s pleasure under the last preceding subsection, the presiding judge shall forward to the Minister for the time being responsible for legal affairs a copy of the notes of evidence taken at the trial, with a report in wiping- signed by him containing such recommendation or observations on the case as he may think fit to make.
According to the Penal Code death sentences in Tanzania are to be carried out by hanging.
We are not aware of any other modes that have been used in Tanzania, as for the past 20+ years, no death sentence has been carried out as the President’s at the time have not given the final sign off.
To answer the second part of your question, Rule 11 of the Court of Appeal rules states that no sentence of death or corporal punishment shall be carried out until the time for giving notice of appeal has expired or, where notice of appeal has been given, until the appeal has been determined.
This means that there is an automatic stay of execution that is triggered once a person convicted of say murder has appealed.
One does not need to apply for a stay of execution.
Stock market manipulation and fraud in dealings
There is a particular stock broker who convinced us to buy certain shares in a company that was purportedly making profits until the company went public and ever since it went public is in a loss making situation. It is hard to believe what caused this sudden change of position (after going public) and we, the public are suffering from buying this stale stock. It is quite evident that the broker and accountants manipulated the accounts. Is this actionable?
TE, Dar
The Capital Markets and Securities Act is very strict on this kind of market manipulation and states that (1) Any person who effects, takes part in, is concerned in or carries out, either directly or indirectly two or more transactions in securities of a body corporate which transactions have, or are likely to have, the effect of raising, lowering, maintaining or stabilising the price of securities of the body corporate on a stock exchange in Tanzania with intent to induce other persons to sell, purchase or subscribe for securities of the body corporate or of a related body corporate shall be guilty of an offence.
(2) A reference in this section to a transaction, in relation to securities of a body corporate, includes-(a) a reference to the making of an offer to sell or purchase such securities of the body corporate; and (b) a reference to the making of an invitation, however expressed, that expressly or impliedly invites a person to offer to sell or purchase securities of the body corporate.
On fraudulently inducing persons to deal in securities, the Act states that (1) Any person who– (a) by making or publishing any statement, promise or forecast which he knows to be misleading, false or deceptive; (b) by any dishonest concealment of material facts; (c) by the reckless making or publishing, dishonestly or otherwise, of any statement, promise or forecast that is misleading, false or deceptive; or (d) by recording or storing in, or by means of, any mechanical, electronic or other device, which information he knows to be false or misleading in a material particular, induces or attempts to induce another person to deal insecurities is guilty of an offence.
On offences, the Act provides serious repercussions for such persons and states that (1) Any person who contravenes any of the provisions of this Part is liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than five years or to both such fine and imprisonment.
(2) A person convicted of an offence under this Part shall be liable to pay compensation to any person who, in a transaction for the purchase or sale of securities entered into with him or with a person acting for or on his behalf, suffers loss because of the difference between the price at which the securities were dealt in and the price at which they might have been dealt in at the time when the transaction took place if the contravention had not occurred.
If you have evidence to that effect, you can report this to the CMSA who can start an investigation into this matter.