Prophesied wealth, still broke

Early this year, my spiritual leader predicted that 2025 would be my ‘year of open doors.’ He said I would buy a car, get married, and move into my own house. He then told me to ‘sow a seed of faith’ of at least TZS 500,000 to unlock these blessings. I believed with all my heart and made the deposit with him. Ten months later, I am left with only another loan. I am still single, still renting, and still walking to work. Can I sue him for false prophecy and recover my ‘seed’ as I have found another spiritual leader?

JM, Morogoro

Many of us have experienced hope and trust, though not necessarily prophecy, so we understand your disappointment. Legally, the law relies on evidence and intent, not miracles. If a contract had been involved, that is, there was an offer, acceptance, consideration, and intent to create legal relations as per section 10 of the Law of Contract Act, Cap. 345 [R.E. 2023], the outcome might differ. Usually, ‘prophecy’ is considered a spiritual statement of faith, not a contractual promise, and Courts have ruled such religious statements are not legally binding, nor can they be considered fraud or misrepresentation, but that would also depend on all facts surrounding different situations and we should hasten to generalise.

Nonetheless, under our criminal law, there is a prohibition on fortune-telling. Section 308 of the Penal Code, Cap. 16 [R.E. 2023] provides that a person who, for gain or reward, undertakes to tell fortunes or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost, commits an offence. Theoretically, you could file a police report under this section. However, this could still be a difficult battle. You would need strong proof that the spiritual leader offended the law.

Regarding refunding the ‘seed’ offerings and tithes, they are voluntary donations, and the law assumes they are made out of faith rather than expectation. Therefore, unless you can demonstrate deliberate deception, the Court is unlikely to order a refund. Generally speaking, once you give a ‘seed offering,’ it is regarded as an act of faith, not a financial investment. You might want to consult your lawyer for further guidance. And yes, before we pen off, please do proper due diligence of your newly found spiritual leader. We don’t want you to get further into the ditch in as far as your funds are concerned.

Swearing in football match

I was at a football match last weekend, and after our team missed a penalty, I let out a burst of angry words. These words were not pleasant, and a fight almost broke out because even my team’s supporters disliked them. A police officer nearby told me to cool down and mind my language or risk arrest for using abusive language in public. I questioned his authority to arrest me, while it was normal for people to curse in such events. I was not fighting or insulting anyone in particular. I was just expressing my disappointment in my team. Can someone really get into legal trouble for swearing in a public place?

HH, Mwanza

We understand your frustration about your team losing the penalty. The passion for football is almost a national religion world over including in Tanzania, but even religion has commandments. Swearing or using obscene, abusive, or insulting language in public can indeed attract the attention of the law. The relevant provision is section 89(1)(a) of the Penal Code Cap. 16 [R.E. 2023], which provides that a person who uses obscene, abusive or insulting language to any other person in such a manner as is likely to cause a breach of the peace commits an offence. If your language could provoke violence, disturb others, or cause a scene, police can warn, arrest, or charge you.  While swearing in public may feel like stress relief, the law must be obeyed. So next time your team misses a penalty, try being cautious of your conduct. Consult your lawyer for further guidance.

Technical delay in taxation

I am a foreigner running a marketing company in Tanzania, and I am unfamiliar with Tanzanian law. We appealed against a significant tax assessment by the Tanzania Revenue Authority (TRA). Our first case did not go well. We were unsuccessful at both the Tax Revenue Appeal Board and Tribunal. Consequently, we attempted to appeal to the Court of Appeal. However, our appeal was struck out due to a technical issue with the Tribunal’s records, as they had a defective certificate of delay. After we corrected everything and submitted the application to lodge a new case, TRA objected, claiming that we were out of time and should not be given another opportunity. Is there any mercy in law when the delay results from official procedures rather than negligence? Our lawyers say there is hope, but after losing twice, we cannot trust them anymore.

DP, Dar es Salaam

Legal procedures can be complex, so consulting a lawyer is advisable. From what we have gathered, you submitted an appeal within the required timeframe, meeting all procedural requirements. Unfortunately, the first appeal to the Court of Appeal was struck out due to technical faults, not because the company was careless, but because of errors in the record prepared by the Tax Revenue Appeals Tribunal. Legally, this is called a technical delay. This type of delay occurs when a party has taken all necessary steps within the prescribed period but is prevented from proceeding further by circumstances beyond its control, often procedural or administrative lapses by the Court, tribunal, or registry.

In several cases, the Court has observed that if a litigant does everything correctly, such as filing on time, following up diligently, and only losing time due to technical failure rather than their own fault, a Court may grant an extension of time, allowing the new case to be considered on its merits. However, the Court also warned that ‘technical delay’ is a narrow exception and not a licence for negligence. Anyone seeking an extension must provide evidence for each day of delay, demonstrate diligence and good faith, and prove that the cause of the delay was outside their control. We believe your lawyers can guide you further on this but it seems you should be able to pull this through.