Q&A – 7 December 2020

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Legalisation of ‘Bangi’

I have read in the media that the United Nations Office on Drugs and Crimes has removed cannabis sativa (bhang or bangi) from the list of narcotic drugs following recommendations made to it by the World Health Organisation (WHO). I find WHO quite strange and agree with President Donald Trump that the WHO is useless. How can such a drug be legalised? Does this mean that the use or sell of bangi in Tanzania is now legal?
PP, Dar

We are unable to comment on the recommendations made by the WHO and any comments by the current American president against the WHO. We leave that to political commentators as it is not a legal question.

Back to your question. Bangi is still a narcotic drug and illegal in Tanzania until when such a drug is removed from the list of narcotic drugs by the Minister responsible for drugs control. Cannabis sativa (bhang or bangi) is listed in the First Schedule to the Drug Control and Enforcement Act [Cap. 95 R.E 2019] as one of the narcotic drugs.

However, section 14(2) of the Drug Control and Enforcement Act gives the Minister responsible for control of narcotic drugs power to amend the list of narcotic drugs by a notice published in the Gazette. The amendment of the list of narcotic drugs can be done by either adding or removing a narcotic drug from the list. Based on our research, the Minister responsible for control of narcotic drugs is yet to remove bhang from the First Schedule.

The First Schedule to the Drug Control and Enforcement Act contains the same list of narcotic drugs appearing in the Schedules to the Single Convention on Narcotic Drugs of 1961 as amended by various protocols. However, the amendment of the Schedules to Convention by UNODC does not automatically remove the narcotic drug from the First Schedule to the Drug Control and Enforcement Act. It is the Minister who will decide whether to proceed remove bangi from the list, based on what WHO has recommended and the subsequent changes made to the Schedules of the Convention.

Restriction on purchase of village land

I want to buy 150 hectares of village land from the villagers for investment. Is there any legal restriction or conditions? What is the process like? Please guide.
HO, Babati

Regulation 76 of the Village Land Regulations, 2002 restricts the purchase of village land. A purchase of village land not exceeding 20 hectares requires approval of the Village Council. If the village land intended to be disposed of is between 21 hectares and 50 hectares, the Village Council has to submit the application for the proposed sell of the village land to the District Council for approval. However, if the village land intended to be sold is more than 50 hectares, the Village Council must seek and obtain approval from the Commissioner for Lands. The application to the Commissioner for Lands should be forwarded under further signature of the District authorised Land Officer.

All in all, in your case based on the number of hectares being more than 50, please make sure you obtain the approval of the Commissioner for Lands before you sign the purchase agreement with the sellers.

Suing a corporation sole

I want to sue a corporation sole owned by the Government for a breach of contract. Can you guide me on the procedure?
OO, Dar

Following amendment of section 6 of the Government Proceedings Act [Cap.5 R.E 2019] by Act No.1 of 2020, all suits against corporation soles like Prison Corporation sole, Police Corporation Sole, SUMA JKT and the like are now suits against the Government.

Before filing a suit against a corporation sole you have to issue a notice of intention to sue the corporation sole and serve a copy of it to the Attorney General and the Solicitor General. After the expiration of 90 days is when you can file the suit against the corporation sole and join the Attorney General as a necessary party.

A copy of the plaint should be served on the corporation sole, the Attorney General and the Solicitor General. In case the plaintiff wins the case, he can present the decree to the paymaster general who is the Permanent Secretary of the Ministry of Finance for satisfaction of the decree.

The decree holder can now longer attach the property of the corporation sole as it used to be because once a suit is a government suit it also means the judgment debtor is the government. Section 16(3) of the Government Proceedings Act bars attachment of the government properties or bank accounts.

Death sentence against a pregnant woman

I am a first-year law student currently studying criminal law. Can the Court pronounce death sentence against a pregnant woman? Would that not be inhumane?
TP, Dodoma

According to section 26(1) of the Penal Code, where a woman convicted of an offence punishable with death is alleged to be pregnant, the Court shall order that she be examined by a medial practitioner to establish the pregnancy. If it is proved to the satisfaction of the Court that she is pregnant, the Court shall sentence her to life imprisonment instead of suffering death by hanging.

Likewise, if the offender was below the age of 18 years at the time of committing the crime punishable with death, the Court instead of sentencing her/him to suffer death by hanging, shall order that the offender be detained at the President’s pleasure until such time when President will order otherwise.