Bank asking too many questions

My banker always asks me to verify my information, which is now a nuisance and harassment. Why can’t banks keep records well? Why should customers be bothered by numerous verification questions whenever they require banking services? This was not our experience in the past.  Please guide me on the action I can take against the bank.
MX, Dar es Salaam

We are sorry to hear about this experience. The terms ‘nuisance’ and ‘harassment’ have significant legal implications, and such conduct could result in civil liability. We hope you used these terms to describe the negative impact of the verification process.

In any case, banks are required to verify customer information as part of banking and anti-money laundering regulations, known as Know Your Customer (KYC). KYC is a standard practice in the banking sector worldwide. The frequency of these verifications may depend on the type of customer, the service you require, or if the transactions you have conducted are considered suspicious. It is important to note that this does not imply you are a criminal; rather, banks implement these measures as part of a risk-based approach to prevent potential crimes.

This risk-based approach requires that every customer and transaction of a particular nature be viewed as a potential risk until proven otherwise. Internal risk management guidelines and policies also mandate that banks conduct frequent verifications. With the rise in criminal activities and advancements in technology, banks are required to adopt strict legal measures to maintain the integrity of the banking system. This is why verification was not as frequent in the past. While you haven’t specified how often this has occurred, we hope the bank’s actions were genuine and compliant with legal requirements. You have the right to voice your complaint through the bank’s customer service or designated complaint centres. Your lawyer can provide further guidance on this matter.

Definition of manifest error

I am a certified public accountant with an interest in law. Over the years, I have taught myself to read legal texts. While it is not easy, I am determined to pursue this knowledge. While exploring the procedures for review in the Court of Appeal, I encountered the phrase ‘manifest error’ on the face of records. What does it mean for an error to be manifest? Is this simply a play on words by lawyers to make more money? I will appreciate your clarification.
AR, Kagera

Much as you are criticising lawyers, what you are doing is commendable, and you should consider pursuing a law degree to become a lawyer!

Rule 66 of the Court of Appeal Rules, 2019 (as amended), outlines the criteria for the Court of Appeal to review its decisions. This review is highly restricted and does not serve as a challenge to the merits of a decision (which is what an appeal entails). Instead, it is meant to address irregularities in decisions or proceedings that have caused injustice to a party. According to case law, the term ‘manifest error’ when filing an application for review must refer to an obvious and self-evident error on the records of the appeal, rather than one that could be established through a lengthy process of legal arguments. This is referred to as a ‘manifest error’ rather than just an error, because an error may be substantiated through legal arguments that contest the merits of a decision.

To determine whether a manifest error exists, the following tests must be met: first, the error must be clearly apparent on the face of the record without needing further explanation. Second, a Court’s decision cannot be reviewed simply because a different panel of the same Court might reach a different conclusion based on the same facts. Third, a Court’s decision is not subject to review merely because it misinterpreted a provision of law. For example, it is not sufficient grounds for review if another judge could have arrived at a different conclusion or if a statute or other legal provisions were misinterpreted. While these may be seen as errors, they could serve as valid grounds for an appeal, not a review, because they require legal arguments. So, using ‘manifest error’ in the Rules is not a play on words. It was intentionally chosen to distinguish the grounds for a review from those for an appeal.

Failure to pay school fees

I spent all my money during the holidays, and now January feels like the longest month due to financial pressures. I wasn’t able to pay school fees on time, and schools will be opening soon. My child’s school has a strict policy stating that any child whose parents have not paid fees on schedule will be sent home. Is there a way to buy more time to pay these fees by appealing to children’s right to education? I strongly believe in the right to education for all children and feel that schools should prioritise this over fee payments. Please guide me.
EM, Kilimanjaro

We are sorry to hear about your financial troubles. Indeed, children have the right to education, which is recognised and protected under both international and national laws in many countries. In Tanzania, the government has enacted various laws to safeguard a child’s right to education, including the Constitution of the United Republic of Tanzania, the Law of the Child Act, and the National Education Act along with its regulations.

Public schools in Tanzania offer free education to ensure that every child can access their right to education without financial obstacles. However, this is not the case for privately owned schools. Education is a business for these institutions, and they require parents to fulfil their financial obligations, including paying school fees. While we cannot comment on whether you have the option to negotiate your fees based on the right to education, many private schools do have policies that include consulting with parents to find alternative solutions to fee-related issues. We encourage you to reach out to the school management to discuss potential options, such as negotiating a payment plan that will not negatively impact your child’s academic progress. However, you cannot expect private schools to not charge you fees like public schools and you cannot claim discrimination either. Your lawyer can guide you further.