Q&A – 6 June 2011
Marrying a school girl
I married a secondary student three years ago. The mother gave her consent and my wife quit school. For the last few months, our marriage has been on the rocks, which is mainly due to me not having money and the fact that the women of these days don’t like men with no cash. My wife’s uncle is now asking me to give him 10 million or he will inform the authorities that I married a schoolgirl. He says that I will likely face charges for rape and be imprisoned. The mother of the girl has just kept quiet. Should I pay him even though the mother consented to allowing the child to marry me. Is it fair for my marriage to be on the rocks because of funds issues? Please advice.
MK, Dar
Assuming after obtaining consent from your mother in law to marry your wife, all rituals prior to marriage were followed, there cannot be an issue of rape. Nevertheless from the facts you have given us, you cannot escape the arms of the law from falling on you. What your mother in law has done is an offence punishable under the law. It is irrelevant therefore to say that the mother consented to the marriage of her school girl. Under the Education (Imposition of Penalties to persons who marry or impregnate a school girl) Rules 2003 made under the Education Act 1978, a school girl includes a secondary school girl. The said law inflicts a fine of not less than one hundred thousand shillings or a sentence not exceeding two years in prison to both a parent and any person who aids or abates or marries a school girl and a custodial sentence without option of fine to the person who impregnates such a girl. It might in fact be an offence for the uncle of your wife for not reporting you and your mother in law to the relevant authorities. Much as you do not want to hear this, it is very likely that you will
face the music of the law. You might want to contact your attorney.
Unfortunately we are lawyers and not social counselors and hence not in a position to answer the last part of your question on fairness of your marriage being in such a state because of funds. You have also quoted women as being gold diggers- whilst your name is not published here, the statement can be held to be defamatory. You might want to avoid using it specifically towards any particular woman in the future. You might end up in further trouble.
Registration of child born out of wedlock
I am a 27 year old single Tanzanian woman with three children. The father of my 3rd child is a married man living with his family not very far from my place. The wife of this man came to find out about our relationship, and reported this to the parish priest who managed to reconcile them but on condition that he would totally disassociate from me. I have thus lost communication with him; he does not answer any of my calls or text messages. I want my child to have a birth certificate and went to the Registration, Insolvency and Trusteeship Agency (RITA) offices where I was required to provide the name of the father of the child. I postponed taking the application forms because of the legitimacy of the child. What should I do? Can they deny me a certificate?
DK, Dar
The birth certificate is an important certificate to have as it is a form of identification of the child and will be required in many areas. In your case, there is no dispute that the child was born out of wedlock and unfortunately the law gives the biological father of your child an option to acknowledge the child or not. Although he has indicated that he would not accept your child, does not mean that you cannot get a birth certificate. You can still get a birth certificate but in the father’s name area, no name will appear, an indication that the child was an illegitimate child of someone.
Burial in private plot
My father bought a plot not very far from the centre of the city of Dar es Salaam. He has started construction of a house in the said plot planning for our family to move there. We have one small problem- our father has ordered us to bury him in that plot when he passes away. We do not have any objections but are unsure if the law allows this. I see the government has set aside areas which are public cemetery in many places including our neighborhood. Is my father’s wish not an offence or does it not amount to change of use of the land? Please advice.
KD, Makongo Juu
We are not aware of any law which imposes a legal obligation to bury a person in a public cemetery or prohibits burial in one’s own plot.
The issue of place of burying may be subject to one’s decision and/or his family members’ decision. It is not an offence for one to be buried in their plot as long as burial permits are obtained from authorities before such burial. Our opinion is that the burial of your father will not amount to a change of use of the land. The plot will still be used for residential purposes despite presence of a grave. The grave might reduce the value of the plot as many people are not very receptive to living near graves. It would be wise to advise your father to be buried in a public cemetery as it is more convenient in the future. However different people have different beliefs and we must learn to respect them. Meanwhile we hope and pray that your father lives as long as he can!