Wildlife for cultural activities

We are a registered cultural group performing cultural dances and other cultural activities in different parts of the country. As part of our business, we want to tame hyena, wild rabbit and snakes for our cultural dances and activities. Is there any legal procedure we need to follow to enable us legally tame these wild animals for our cultural activities? I see many groups having such animals but they do not seem to have any authorisation?
MM, Shinyanga

Procedure for taming wildlife like snake, rabbit and hyena for cultural activities depends on whether the cultural activity for which the wild animal is intended to be tamed is meant for any profit gain or is purely for preservation of culture. If the raising of the wildlife is meant for pure preservation of culture, the person or the cultural group intending to tame the wildlife for preservation of culture may apply to the Director of Wildlife in accordance with section 58 of the Wildlife Conservation Act, 2009 and the Wildlife Conservation (Capture of Animals Prohibition) Regulations, 2013 for a special permit to capture the wild animal(s) to be specified in the application. The Director may, with consent of the Minister for Natural Resources and Tourism given in writing and in public interest, with or without a fee, grant to the person or the cultural group a special licence to capture the wild animal for the purpose of preservation of the culture.

However, if the cultural activity for which the capturing licence is sought is commercial or personal gain, the person or the group applying for a licence shall be required to pay an application and licence fee and shall as well be required to pay a royalty fee. The capture permit shall specify the animal and the areas within which the animal is allowed to be captured and the validity period of the capture permit. In exercising the right to capture the animal granted by the capture licence, the cultural group or the person exercising the right under the licence should submit to the Village Council and the District Game Officer within the area where the capturing is to be done, certified copies of the capturing licence issued by the Director of Wildlife.

In granting a capture licence for cultural activities, the Director of Wildlife may, as a condition for the grant of the licence, direct that the applicant should deposit with him, security for compliance with the wildlife laws in the course of exercising rights under the licence. Compliance security may be in the form of money that is not less than the value of the animal to be captured and kept for cultural activities but not more than twice the value of the animal. In case of non-compliance with the wildlife laws, the security deposited by the applicant or the cultural group may be forfeited.

Once a licence is granted to the cultural group to capture and tame the animal, the licence cannot be assigned or transferred to another person or another cultural group without a written authority of the Director of Wildlife. Wherever the cultural group will be performing the cultural activities or dances, it shall be required to carry with it the licence or written permit or written authority. It should be borne in mind that the permit granted to capture and tame the animal may, for good cause, be cancelled, varied suspended. However, the person aggrieved by the cancellation, variation or suspension has the right to appeal.

Obtaining benefits from the Workers Compensation Fund

My brother who was employed as a driver died in a car accident during the course of his contractual duties. It is about five months now since he died. Can you guide me how to claim compensation from the Workers Compensation Fund and what benefits can the family of the deceased claim from the Fund
PR, Arusha

Compensation for death of an employee who died in the accident occurring in the course of employee’s employment is governed by the Workers Compensation Act [Cap.263 R.E 2015] and the Workers Compensation Regulations, 2016. The death of the employee should be reported to the Fund within twelve months from the date of its occurrence. A claim for compensation should first be submitted to the employer in the prescribed form within twelve months from the date of occurrence of death and a copy of it served on the Fund. After receiving the claim, the employer is required to forward the claim to the Fund within seven days. The claim must be supported by documents proving death and identifying the person applying compensation. The claim supporting documents include a Police investigation or accident report, post mortem report, death or certificate or burial permit and a letter of appointment of the administrator of the deceased estate identifying the person applying for compensation.

The benefits that the Fund may grant for death are funeral grants and the payment for the dependents of the deceased employee. Where the deceased is survived by a spouse, the spouse is entitled to a lump sum payment equivalent to 140% of the employee’s monthly salary at the time of accident. In addition to the lump sum payment, the spouse of the deceased shall be entitled to a monthly pension equal to 40% of the deceased’s salary which monthly pension shall not be less than TZS 110,281.13 but shall not exceed TZS 1,474,341.08 per month. Hence the minimum and maximum are stipulated notwithstanding what the salary was.

However, for the spouse to be paid by the Fund, he or she must produce a marriage certificate or a proof of relevant Government authorities proving that the deceased and the person claiming compensation lived under one roof for a period of not less than 2 years as wife and husband. A deceased child who was dependent on him or her is also entitled to a pension benefit. All that one needs to produce is a birth certificate of the dependents or any proof that the dependent was wholly dependent on the deceased employee.