Q&A – 23 July 2012
Stolen sim card and police
The Police are harassing me that I produce a sim card that has been registered in my name. Unfortunately it was stolen a few months ago and my explanation to them seems to be met with deaf ears. What is the big deal about a sim card and why are the Police after me? On a different note, can a dealer sell a sim card without my personal details?
GP, Dar
Many people don’t know this but the Electronic and Postal Communications Act 2010 has provisions which are very strict and an offence can lead to imprisonment.
The Act states that any person who fails to report the loss, theft or destruction of a mobile telephone or SIM card commits an offence. Any person who commits an offence under this section shall on conviction be liable to a fine of three hundred thousand but not more than five hundred thousand Tanzanian shillings or to imprisonment for a term of six months or to both. From the above failure to report to the police a lost chip can land you in jail.
As to your second question and according to the same act, please note that any person who sells or in any other manner provides, any mobile telephone or SIM card to any other person, natural or legal, without recording the particulars of that person commits an offence and on conviction shall be liable to a fine of three million Tanzanian shillings or to imprisonment for a term of twelve months or to both.
Where the offender is a network service licensee or operator it shall be liable to a fine of fifteen million Tanzanian shillings.
From the above, you can see that it is an imprisonable offence for a seller to sell you a sim card without taking your particulars. For the mobile operators, a fine of Tsh 15M is imposed if found contravening the Act.
Medicine but still fat
A pharmacy advertised that if I drank a cup of some powder in hot water every day I would lose weight. My weight before I bought the expensive product was 128kgs. I have spent over Tsh 1M on the product and my weight is still the same. Whenever I meet the pharmacist she says that there is some improvement but the weighing scale doesn’t seem to agree. Are there any regulations that govern such behaviors by pharmacists?
UT, Dar
We are sorry to hear that you are finding it difficult to lose weight. This is a challenge that many face in this time and era. Apart from the medicine which is not working, it is important to increase your activity level and decrease your intake of foods. Your sole dependence on this magic powder might not work. Either way your doctor can guide you.
We now answer your question.
Under the Pharmacy Act of 2009, a person shall not promote and advertise medicines, medical devices or herbal medicines in a manner that is false, misleading, deceptive or that is likely to create erroneous impression regarding its character, value, quantity, composition, merit, safety or efficacy, as the case may be. An individual who does the above shall have to pay a fine of not less than two million shillings and not more than ten million shillings or to imprisonment for a term of not less than six months but not more than three years or to both.
If it is a body corporate it shall be subject to a fine of not less than five million shillings but not more than fifteen million shillings.
If you believe that you have been misled, under this Act you may report the pharmacy to the pharmacy council.
Protection of dog
My neighbor has a dog who gets hit by his son almost every day. The neighbor seems not to care. Is there a law to protect the dog?
EJ, Dar
The Animal Welfare Act of 2008 provides that a person shall not cruelly beat, kick. ill-treat, over-ride, over-load, torture, infuriate, or terrify an animal or conveyor carry, an animal in such a manner or position as to cause that animal any unnecessary suffering.
The same act provides that a person who contravenes the above commits an offence and shall on conviction be liable to imprisonment for a term not exceeding one month or to a fine not exceeding one hundred thousand shillings.
We suggest you report this torture to the Director of Animals Welfare.
Recovery of a debt from deceased
I lent a lot of money to a friend who is now dead. I was not aware of his death only to find out that probate was granted by the Court and all the assets of the deceased have been distributed. How can I recover the money considering that all the properties are in the hands of the beneficiaries?
JK, Kilwa
The Probate and Administration of Estates Act allows the creditor to follow the assets of the beneficiaries and recover his or her debt.
However under the law, the executor is required to advertise whether there is any person who has a claim against the creditor before he or she distributes the assets of the deceased. If the executor advertised as required under the law, you will have to explain to Court why you did not present your claims to the executor when the same was advertised. Your lawyer can guide you further.
Motor in bicycle
I have fitted my bicycle with Motor so that it runs on kerosene? Do I need to register it as a Vehicle?
NM, Morogoro
In law, a bicycle is referred to as a vehicle which has at least two wheels which is propelled by means of pedals or hand cranks solely by the physical energy of the person riding it. Your bicycle when fitted with a motor that uses kerosene becomes self-propelling and will turn into a motor cycle, as defined under the Road Traffic Act, and hence liable for registration. You will also need to now insure your converted bicycle.