My neighbour is provoking me

My neighbour is currently constructing a block fence and has exceeded the boundary marks and beacons placed in our lands. Worse, he has removed these beacon marks and I do not know where they are. What recourse do I have against this provocative act? Please guide me.
LK, Lindi

We are sorry to hear about this incident. First and foremost, section 329 of the Penal Code Cap. 16 [R.E 2022] provides that any person who, willfully and unlawfully and with intent to defraud, removes or defaces any object or mark which has lawfully erected or made as an indication of the boundary of any land is guilty of an offence and is liable to imprisonment for 3 years. In that regard, you may report to the police since what your neighbour has done is a criminal act. Secondly, this is a land dispute for which the Land Disputes Courts Act, Cap. 216 [R.E. 2019] (LDC Act) provides guidance on land dispute settlement machinery in Tanzania. We do not know the specific location of your respective lands so we cannot pinpoint the forum for recourse. Nonetheless, section 3 of LDC Act provides various forums for resolving land disputes including the Village Land Council; the Ward Tribunal and the District Land and Housing Tribunal, and the High Court of Tanzania. Your lawyer can guide you further.

Are bank card numbers personal data?

I am an officer working for a prominent bank in Tanzania. I was reading a popular magazine on the banking sector in Africa when I saw an article that stated bank card information is personal data. I carefully read this piece but could not find the basis of why simple numbers on a card can be regarded as personal data. Please guide me on the position in Tanzania and its rationale
TJ, Dar es Salaam.

According to section 3 of the Personal Data Protection Act, Cap 44 (Personal Data Protection Act), ‘personal data’ means data about an identifiable person that is recorded in any form, including (c) any identifying number, symbol or other particular assigned to the individual. As noted from section 3(c) of the Personal Data Protection Act, any identifying number, symbol or other particular assigned to the individual is regarded as personal data. In that regard even numbers on a bank card are personal data. The rationale behind this is that when numbers are assigned to an individual, they can be used to identify such a person and thus become part of their personal information, in other words, personal data. You may consult the Personal Data Protection Commission for further guidance.

Ordered to move graves

I saw a notice in a public place about removing graves to pave way for construction of a road in one of the municipalities of our region. This notice had some irregularities, the main ones being it was issued as an order and not as a notice of intention as required under the law. Further, it was not served personally to persons whose relatives are buried in the said site. My parents are buried in the site that is affected by this road construction project. What is the effect of these irregularities and can I use them to avoid the order.
RQ, Mwanza

According to section 3 of the Graves (Removal) Act, Cap. 72 [R.E 2002] where any land on which a grave is situated is required for a public purpose, the Minister may cause such grave and any dead body buried therein to be removed from the land. Further, according to section 4, if the Minister is satisfied that any land on which a grave is situated is required for a public purpose he shall before causing a grave or dead body to be removed therefrom, give notice of his intention to do so and every such notice shall be served on persons interested as shall, after reasonable enquiry, be known to him; where the land is or forms part of a cemetery appropriated to the burial of members of a particular religious community, be served on the controlling body of the religious community concerned; and be published in Gazette as soon as may be practicable after the Notice has been served. However, where the President has certified that any land on which a grave is situated is urgently required for a public purpose, she/he may direct that such notice of intention be dispensed with or be published in such manner or served on such persons as she/he may specify. This shows that it is not a must to issue a notice of intention to remove graves.

Further, notice to remove graves will be served on any person either personally or shall be left at his last usual place of abode or business, if any such place can after reasonable enquiry be found, and in case that person is absent from the United Republic or if that person or his last usual place of abode or business after reasonable enquiry cannot be found, such notice shall be affixed upon some conspicuous part of the land in respect of which the notice is given. Where a notice has been published in the Gazette the removal of a grave or a dead body buried therein from the land in respect of which the notice is given shall not be invalid by reason only of any irregularity in the service of the notice or by reason of it having been published prior to its service on the persons required to be served therewith. In that case, you cannot avoid the order because the said irregularities have no effect on the intention of the government to acquire the said land for the project. Your lawyer can guide you further.