Q&A – 10 February 2025
No intimacy in marriage
I have been married to my husband for seven years. At first, our marriage seemed like a fairy tale. We shared dreams, mutual respect, and a love that felt unwavering. However, over the past two years, I began to feel a growing sense of dissatisfaction. These days, intimacy is lacking, and despite my attempts to communicate my feelings, the situation has remained unresolved. I loved my husband deeply, but the lack of physical connection is taking a toll on me emotionally and mentally. I feel lonely, unfulfilled and unhappy in this marriage. Can I obtain a divorce based on this situation?
EM, Dar es Salaam
We are sorry to hear about this. Navigating relationships can be incredibly difficult and emotional. In many places, a lack of physical connection or intimacy can be straight forward grounds for divorce, especially if it leads to emotional and mental distress. However, in Tanzania, the Law of Marriage Act [Cap. 29 R.E 2019] (LMA) stipulates that a marriage must have broken down irreparably for a Court to grant a divorce. Section 99 of the LMA provides that any married person may petition the Court for a decree of separation or divorce on the basis that his or her marriage has broken down, but no decree of divorce shall be granted unless the Court is satisfied that the breakdown is irreparable.
Furthermore, section 107 states that, in a divorce petition, the Court will consider all relevant evidence regarding the parties’ conduct and circumstances. The Court will not grant a decree if the petition is based solely on the petitioner’s wrongdoing. Additionally, the Court will take into account the customs of the parties’ community. In making its decision, the Court may accept evidence that a marriage has broken down, although such proof does not guarantee a decree. This evidence may include adultery, particularly if repeated or continued despite protests; sexual perversion; cruelty, whether mental or physical, towards the petitioner or children; wilful neglect; desertion by the respondent for at least 3 years, if wilful; voluntary separation or separation by decree for at least 3 years; imprisonment of the respondent for life or at least 5 years; mental illness as certified by at least 2 doctors with no hope of cure or recovery; and a change of religion, if both parties followed the same faith at marriage and the change dissolves the marriage according to that faith’s laws.
The lack of intimacy must be linked to the criteria listed above for you to convince the Court to grant you a divorce, and unfortunately it is not straight forward. Alternatively, you may also seek help from a therapist to better understand the situation and find a way to address the issue constructively. Your lawyer can guide you further.
Airline body shamed me
I was travelling on a flight operated by an airline in Tanzania. During the flight, a crew member made derogatory comments about my body size, which is admittedly big, causing me significant distress. The crew member even moved me from the emergency seat, citing airline safety procedures. I felt humiliated but complied with the request and decided to move. Nonetheless, I think this was inappropriate and unfair. I specifically selected the emergency exit seat to have more legroom, only to be humiliated. What action can I take against the airline operator? Please guide me.
PS, Kilimanjaro
We are truly sorry to hear that you were treated this way. However, our review of aviation laws and guidelines worldwide indicates that there are specific rules regarding who may sit in emergency exit seats. In Tanzania, the Civil Aviation (Operation of Aircraft) Regulations, 2017 stipulate that only individuals capable of opening the emergency exits should be seated near these exits.
Emergency exit seats are typically reserved for passengers who can physically assist in an emergency evacuation, which generally means they must meet certain age, health, and physical ability criteria. If you were removed from an emergency exit seat due to your body size, it may have been for safety reasons. Nonetheless, it’s important to understand that airlines should manage such situations with sensitivity and respect. The Civil Aviation Act, Cap. 80 [R.E 2020] mandates airline operators to provide customers with the utmost care in their operations. If you believe you were treated unfairly, you have the right to lodge a complaint with the airline and the Tanzania Civil Aviation Authority (TCAA). Please consult your lawyer for further guidance on how to file a complaint.
Firearm in public
Last week, I decided to stroll around the neighbourhood while openly carrying a legally owned and registered firearm. I wandered about and eventually entered a bar for some refreshments. Many people noticed my gun, which filled me with pride. However, I was later asked to leave the bar because some customers felt uncomfortable with my presence. I refused to go since I possess the necessary licences and permits for carrying a firearm. In the end, a dispute arose with the staff until a bouncer was called to remove me. I can’t understand what I did wrong. Why did they treat me this way? Kindly guide.
SK, Kigoma
Based on what you said, the issue was openly carrying a firearm. From what you have stated, you seem to be an ordinary civilian who has been cleared to possess a firearm. A civilian may possess a firearm provided he/she meets the requirements set by law. However, a civilian cannot walk in public with a firearm, even with a license permit.
The Fire Arms and Ammunition Control Act, 2015 and Firearms and Ammunition Control Regulations, 2016, provide that a person lawfully possessing a firearm is responsible for the custody, safety, and conditions in which the firearm will be kept. This includes ensuring that he/she does not publicly display the firearm. Failure to fulfil this responsibility is an offence which is punishable by fine, imprisonment, or both. The fact that you were openly carrying the firearm is not only wrong but also dangerous. Your lawyer may guide you further.