Illegally obtained cautioned statements 

I am a law student studying at one of the universities in Iringa. A relative of mine was involved in a crime. Since I know the law, I was involved with the follow-up on his case and one thing that troubled me was that the police took his cautioned statement, however, the statement fell short of the required standard as they did not show when the accused person (my relative) was arrested and how long the statement was recorded. Unfortunately, despite these irregularities, he was found guilty and convicted. I want to advise him to appeal but know that not every irregularity is fatal to criminal proceedings. Please guide me.
BM, Iringa

The law governing the recording of cautioned statements is the Criminal Procedure Act, [Cap. 20 R.E 2022]. The recording statement is provided for under section 50(1) of the CPA, which states that for the purpose of this Act, the period available for interviewing a person who is in restraint in respect of an offence is- (a) subject to paragraph (b), the basic period available for interviewing the person, that is to say, the period of four hours commencing at the time when he was taken under restraint in respect of the offence;(b) if the basic period available for interviewing the person is extended under section 51, the basic period as so extended. Further, section 57 of the CPA, provides that a police officer who interviews a person to ascertain whether the person has committed an offence shall, unless it is in all circumstances impracticable to do so, cause the interview to be recorded. Where a person who is being interviewed by a police officer to ascertain whether he has committed an offence makes, during the interview, either orally or in writing, a confession relating to an offence, the police officer shall make or cause to be made, while the interview is being held or as soon as practicable after the interview is completed, a record in writing, setting out (a) so far as it is practicable to do so, the questions asked of the person during the interview and the answers given by the person to those questions. Courts have underscored the importance of adhering to the mandatory provisions outlined in the CPA regarding the recording of cautioned statements. It is also settled that failure to record the said cautioned statements in the manner prescribed by the law is fatal and will render such statements inadmissible.

It is true that section 169 of the CPA provides exceptions on the admissibility of evidence which has irregularities. However, the exception applies only where the Court is satisfied that the admission of the evidence would specifically and substantially benefit the public interest without unduly prejudicing the rights and freedom of any person. The irregularities you mentioned, not only compromise the integrity of the investigation but also violate the rights of the accused and thus do not meet the exception. In that regard, the pointed-out procedural irregularities affect the entire proceedings, and in the interest of justice, such statements shall be expunged from the Court’s records. Since non-compliance with the CPA not only compromises the integrity of the investigation but also violates the rights of the accused and you may advise the relative to exercise his right to appeal. A lawyer can guide you further on the necessary steps.

Euthanasia to end suffering

I am a patient suffering from a terminal disease. I have travelled to several countries in the hope of finding a cure for my disease. Despite these efforts, the doctors have informed me that I have at least one year to live. This was very sad considering that I recently got married to the love of my life and was expecting to start my own family soon. The pain from this disease is unbearable to the extent that I wish the end would come sooner. My European-based doctor told me about euthanasia but he was not sure whether this option was available in my country. Please guide me on whether euthanasia is permitted in Tanzania.
LJ, Dar

We are sorry to hear about your suffering and pray that you find the strength to endure the pain. Regarding whether euthanasia is permitted in Tanzania, the answer is no. Euthanasia also referred to as assisted suicide (although the two are slightly different) is a crime in Tanzania. According to section 216 of the Penal Code [Cap. 16 R.E. 2022], any person who (a) procures another to kill himself; (b) counsels another to kill himself and thereby induces him to do so; or (c) aids another in killing himself, is guilty of an offence and is liable to imprisonment for life. We sympathize with your situation and advise that you seek medical counselling for your benefit and that of your spouse. Please move with caution and consult your lawyer.

Husband wants son to carry legacy

I am a married woman who has been blessed with four daughters. I am happy to have children regardless of gender. Unfortunately, I cannot say the same about my husband. Being a prominent businessman, he is adamant that we should try for another child (hopefully a son) to protect our business properties from being acquired by male members of his clan. Please help me.
GH, Simiyu

Congratulations on your girls. We are not sure if this will stop your husband from desiring a son. Nonetheless, you may respectively inform him that the right of women to inherit property is protected under articles 13(1) and 24(1) of the Constitution of the United Republic of Tanzania, 1977. Article 13(1) provides that all persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law. Further, Article 24(1) provides that every person is entitled to own property, and has a right to the property protection of his property held in accordance with the law. Your 4 daughters can inherit the business properties and carry your legacy without interference from the male clan members. Your lawyer can guide you further.