Unauthorised drone taking photographs

I got divorced only two months ago and have now entered a new era with my current husband. However, there is a drone that keeps flying near our window and appears to be taking photos of us. Both my husband and I suspect several people from our previous relationships and marriage, but I particularly suspect my ex-husband is behind it because he has not yet found a new girlfriend and is probably desperate. Under Tanzanian law, what can I do? Can I sue him?

DN, Mwanza

Sorry to hear about your story. In order to sue your ex-husband or any other person you may suspect, you would first need evidence establishing that the person is actually behind the drone and that the drone is being used to photograph or surveil you without your consent. Under Tanzania’s Civil Aviation (Remotely Piloted Aircraft Systems) Regulations, 2018, a person operating a camera-equipped drone is required to respect the privacy of others, and the Regulations prohibit the use of a remotely piloted aircraft to conduct surveillance of a person without that person’s consent. The Tanzania Civil Aviation Authority (TCAA) also requires drone operations to comply with the applicable approval and permit requirements. Besides, actions such as this can as well be viewed through the Personal Data Protection law in Tanzania.

You should first document the incidents and, where possible, obtain evidence identifying the drone operator before taking legal action. If it is established that your ex-husband is responsible and that his conduct amounts to unlawful surveillance or otherwise violates your legal rights, you may consider pursuing the appropriate legal remedies. However, suspicion alone would not be sufficient to successfully bring a claim against him. For further guidance based on the specific circumstances and available evidence, you should consult a lawyer.

Documents submitted after audit

I run a business in Dar es Salaam and was recently audited by the Tanzania Revenue Authority (TRA). During the audit, TRA asked me to provide several invoices and supporting documents. I provided some of them but could not locate all the documents before the audit was completed. TRA subsequently issued an adjusted tax assessment against my business. I have now managed to retrieve the missing documents, and I believe they support my position that the assessment is incorrect. I intend to submit them when objecting to the assessment. A friend has told me that because I did not provide the documents during the audit, TRA will not consider them at the objection stage. Is that correct? Have I lost the opportunity to rely on these documents simply because I did not submit them during the audit?

RT, Dar es Salaam

This is a very interesting question. The fact that you did not submit the documents during the audit does not necessarily prevent you from relying on them when objecting to the assessment. The Court of Appeal has recently clarified that the audit process and the objection process under the Tax Administration Act, Cap. 438 are distinct. Under section 62(5) and (6), a taxpayer lodging an objection may attach the relevant documents and information intended to support the objection. The Court further noted that section 63(8) allows a taxpayer to apply for additional time to submit evidence or documents that were not submitted together with the objection.

Accordingly, on the basis of the current binding authority, you may submit the documents supporting your position together with your objection even though they were not produced during the audit. However, taxpayers should, as far as possible, provide all the necessary documents and the documents requested by TRA during the audit within the prescribed time. Doing so may avoid unnecessary disputes over the admissibility of documents and enable TRA to consider the relevant information before issuing an assessment. In your case, you should therefore attach the relevant documents to your objection and clearly explain how they support the grounds on which you rely to challenge the assessment.

Compulsory enrolment for education

I am a Tanzanian, 50 years of age living in Ruvuma. My son completed his secondary school education (O-level) in 2025. He performed well but due to financial difficulties, I could not manage to afford expenses for his high school. Some of my neighbours have been consistently telling me that I should get prepared to go to jail, for failure to take my son to high school is an offence. How is this possible? Kindly guide me.

DM, Ruvuma

Thank you for your intriguing question which, at the outset and as we indicate in our response, seems to combine legal and moral elements. In Tanzania, it is not an offence for a parent’s failure to enroll their children for high school studies. Under Tanzanian law, compulsory enrollment and the associated criminal penalties for non-compliance strictly apply only to primary education. Other education levels, above primary education, are thus legally optional. Specifically, in terms of section 35(1) of the Education Act, Cap. 353 [R.E. 2023], it is compulsory for every child who has reached the age of 7 years to be enrolled for primary education. We are not aware of a parallel provision in this Act making enrollment for high school studies compulsory.

In accordance with Primary School (Compulsory Enrolment and Attendance) Rules, 2002, in particular, rule 4(1), any parent who fails to enroll their child for primary school commits an offence which is punishable by fine in the case of a first offence and imprisonment for a term not exceeding 6 months or to both in the case of a second offence. Based on these provisions of the law, compulsory enrollment only applies to primary education, and not higher levels of education. However, considering the importance of education to human life, we advise you to pull it up to have your child enrolled to high school for his future betterment. You can attempt to approach Government offices in your localities. They might help you or connect you to someone capable and interested in education funding. All the best.