Q&A – 2 April 2012
Extra zero in contract price
I entered into a contract where the actual contract price was supposed to be eleven million but we entered the contract price with an additional zero in the local purchase order ie 110M. We paid the supplier the 11M but the supplier is claiming in Court that we have underpaid him and demands the difference. I am informed the Courts in Tanzania always favour such persons. What should we do?
TL, Mwanza
First and foremost if you had intentionally left out the zero in the contract, and the goods are indeed worth 110 Million, then the supplier might be successful and you should pay. However if you purchased goods that very obviously have a market value of 11 million and you can prove that they are worth this amount and that it was a genuine mistake, we don’t believe that you will be unsuccessful in Court.
Also check the contract again and see if the amount has been written in words. Normally in interpretation the words prevail in that if the amount is written as 110 million but the words read eleven million, then the Courts will likely hold the amount as eleven million and not 110 million.
The above becomes trickier if the supply is that of services which can be very subjective. You can then choose to trace back all your negotiations to the contract and present them in evidence to show that the service was agreed at 11M and not 110M.
Courts normally do not like to interfere in what parties agree upon, unless there is illegality in the agreement. If you have your documentation in order, then we do not see why the Courts will not rule in your favour. Your attorneys can guide you further.
Counseled to steal
What happens if someone induces another person to commit and offence and that person does commit an offence. Who is guilty?
TJ, Dar
With the limited facts it is very difficult to answer your question very specifically. It depends on the person who counseled the other to commit an offence including the person who actually carried out the action.
In any case, the Penal Code is clear in that when a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counseled or a different one, or whether the offence is committed in the way counseled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.
In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by him.
Newspaper editor charged with sedition
I work as a deputy editor in one of the newspapers in Tanzania. Due to a certain editorial that upset the government, I have been charged in Court with sedition. It is true that I wrote the editorial but I believe what I wrote and don’t understand how I can be arrested for expressing my opinion. Aren’t editorials exempt from ‘balancing the story ideology’ as it is merely an expression of my opinion? What should I do?
WE, Dar
You have been charged with sedition under the Penal Code, the criminal statute of Tanzania. The penal code defines seditious intention as an intention— (a) to bring into hatred or contempt or to excite disaffection against the lawful authority of the United Republic or the Government thereof; or (b) to excite any of the inhabitants of the United Republic to attempt to procure the alteration, otherwise than by lawful means, of any other matter in the United Republic as by law established; or (c) to bring into hatred or contempt or to excite disaffection against the administration of justice in the United Republic or (d) to raise discontent or disaffection amongst any of the inhabitants of the United Republic; or (e) to promote feelings of ill-will and hostility between difference classes of the population of the United Republic.
The penal code further states that an act, speech or publication is not seditious by reason only that is intends— (a) to show that the government has been misled or mistaken in any of its measures; or (b) to point out errors or defects in the government or constitution of the United Republic as by law established or in “legislation or in the administration of justice with a view to remedying of such errors or defects; or (c) to persuade any inhabitants of the United Republic to attempt to procure by lawful means the alteration of any matter in the United Republic as by law established; or (d) to point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill-will and enmity between difference classes of the population of the United Republic.
(3) In determination whether the intention with which any act was done, any words were spoken or any document was published, was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and in the circumstances in which he so conducted himself.
You seem to be under the wrong impression that an editorial can be recklessly written. That is not the case. An editorial whilst an opinion can also be seditious. It is true that the Constitution allows you to express your opinion but it has to be within certain boundaries. Your attorney can guide you further.