Pastor killed by demon-possessed person

It is trending news in one of our neighbouring countries (name withheld) that a pastor, known for his supernatural abilities, was tragically killed by a young man who was allegedly possessed by a demon. Witnesses claim the suspect exhibited erratic behaviour, speaking in unknown tongues and displaying uncontrollable aggression before fatally attacking the pastor during an exorcism session. This young man is now facing charges for murder. I wonder whether this young man should be held fully accountable for the killing, considering it was not he but the demons. What does Tanzanian law say about this? Please enlighten me.
SB, Dar es Salaam 

This is a tragic story that raises questions about criminal responsibility and defences against criminal liability. It is an offence to cause the death of another person in Tanzania. Under Section 196 of the Penal Code, Cap. 16 [R.E 2022] (Penal Code), any person who, with malice aforethought, causes the death of another person by an unlawful act or omission is guilty of murder. Malice aforethought is simply the intention to kill, which distinguishes murder from manslaughter (killing without intent) and has been described in various caselaw.

To eliminate liability for killing a person, one may consider the defence of insanity. Section 13(1) of the Penal Code provides that a person shall not be criminally responsible for an act or omission if, at the time of doing the act or making the omission, he is through any disease affecting his mind: (a) incapable of understanding what he is doing; (b) incapable of appreciating that he ought not to do the act or omission; or (c) does not have control of the act or omission. However, section 13(2) of the Penal Code states that a person may be criminally responsible for an act or omission, although his mind is affected by disease, if such disease does not, in fact, produce upon his mind one or the other of the effects referred to in Section 13(1) regarding that act or omission. Therefore, if the accused was suffering from a mental disorder at the time of the crime and was incapable of understanding the nature of his actions, he may be declared not guilty by reason of insanity.

Now, your scenario describes demon possession, which we must admit we are not experts in. Nonetheless, from our legal practice and experience in such scenarios, the defence may seek the opinion of a medical and psychological expert to argue that the suspect was suffering from an acute episode of mental disorder at the time of the incident. Of course, the prosecution will rebut this argument and try to demonstrate that the attack was deliberate and should be treated as murder under Section 196 of the Penal Code. After hearing the arguments from both sides, the Court must determine whether the accused was truly unable to form the intent to murder due to mental incapacity during the incident. Expert testimony from medical professionals, the nature of the attack, and the accused’s past psychiatric records will play a crucial role in the court’s decision. If the defence successfully proves insanity, the suspect may receive medical treatment instead of a sentence. However, if the Court finds no sufficient evidence of mental incapacity, the accused could be convicted of murder and face the full penalty under section 196, which unfortunately is death. Your lawyer can provide further clarification.

Bride contest in a newspaper advert

I am a Tanzanian man who has lived in the US for most of my life. I recently relocated permanently to Tanzania for business. My life feels lonely, so having a wife is one of my priorities. I want to place an advertisement in a local newspaper stating that I am seeking a bride through a contest. This advertisement should specify age, financial status, and personal preferences for a potential spouse. Afterwards, aspiring ladies will enter a contest under my supervision, and the winner will be my bride. While discussing this idea with my family, I received mixed reactions. Some found it amusing, while others questioned whether such an approach is legally permissible under Tanzanian law. I know it is not illegal to have a bride contest in the US. I don’t want to get in trouble with the law in Tanzania. Please guide me.
HJ, Dodoma

Personal advertisements for matchmaking are common in certain cultures. However, openly advertising a bride contest in a newspaper may be perceived as unconventional in Tanzania due to social norms and religious beliefs surrounding marriage, which could potentially attract criticism. Encouraging women to compete for marriage may not sit well with some individuals. We have not found any provision in the Tanzanian Law of Marriage Act Cap. 29 regarding the methods individuals use to find a spouse. Nevertheless, although there is no specific law prohibiting personal advertisements seeking a spouse, such advertisements must still comply with general media and advertising regulations.

The Media Services Act, Cap. 229 (the Act) governs print media content, ensuring that media publications do not contain misleading, defamatory, or offensive material. Section 50 of the Act outlines offences related to the misuse of media services, including the making of false, reckless, or malicious statements that may harm public safety, national security, public morality, economic interests, or individual rights. Violating this section can result in legal consequences, including fines, imprisonment, or both. Newspaper editors will carefully review advertisements before they are published. Suppose an advertisement contains discriminatory language, false claims, or promotes unethical practices (such as financial incentives for marriage). In that case, it may not be published, as the newspaper could face penalties for violating media regulations.

Today, individuals seeking a match have many alternative options, including matchmaking services, online dating platforms, or peer introductions. These methods are now becoming socially accepted approaches to finding a spouse in Tanzania. For further guidance on legal considerations for these options, you may consult your lawyer. We wish you success in your search!