Q&A – 10 January 2011
Refused to go to police station
I was walking down a street and bumped into an elderly man. He was holding a bag and because of the collision his bag was apparently stolen. Within a minute of the incident I was surrounded by 2 policeman in uniform and two in plain clothes. They all started questioning me and asked me to go to the police station with them? I refused and was slapped by one of them. What are my rights in such a situation? What should I have done? Was it necessary for me to go to the police station?
NM, Dar
It is quite surprising that four policemen appeared within such a short period of time. Citizens across the country usually complain that the police are late in arriving at the scene of any crime. In answering this question we assume that the four were indeed policemen and not some con artists, who are not in short supply in town.
To begin with, you cannot be slapped or hit by any police officer unless you have tried to escape or attack them, which does not seem to be the case here, and even if that is the case the police are not allowed to use more force than is reasonable. As a woman they also cannot search you unless you are searched by a lady police officer. When under arrest you have the right to remain silent; the right to an attorney, a friend or family member; the right to inform them that you have been arrested unless the officer finds it necesary to stop you from informing them on grounds that it will hinder the investigation process. You have right to ask why you are being arrested including the right to know the name of the arresting officer, their badge number and what police station they are coming from.
What you cannot do is refuse to go to the police station unless of course they are not real policeman. It is always advisable to inform atleast two people of your arrest and what police station you are being taken to. It is quite interesting to note that you have not told us what happened in the end.
I don’t trust signatures
I am entering into a contract and am worried that the party entering into it may end up disowning its own signatures. I mistrust signatures. What if they just scribble their signatures? How do I protect myself?
JL, Dar
This is a very interesting question. The full proof way of doing this is to get them to stamp their thumbprints. Unless they cut off both their thumbs you should be reasonably covered. We are sure the parties to the contract will value their thumbs more than the contract they have entered into.
You are right in that signatures can lead to problems- signatories can disown them. However there are certain other factors that you can use to prove that there indeed was a valid contract. For example, the contract should have a company seal. Again you can argue that the company seal can be forged. Other factors include the consideration that will pass and performance under the contract. All these can be used against the party denying their signature to a contract.
You can also confirm their signatures with signatures in their passports and keep copies of the passport. If you are still worried do contact your attorney who can also draft some affidavits in support of the contract.
Car tyre burst causing accident
I was driving from Morogoro to Mbeya when one of my tyre burst resulting in a head on collision with a bus. Several people were seriously injured and the police blame the accident on a tyre burst. Can I sue the tyre manufacturer? Who else can I sue?
JP, Morogoro
You can sue anyone who in your opinion caused the accident. It could be a pedestrian, it could be another car, it could be a passenger in your car who distracted you, it could be the car manufacturer, it could be anyone you can just about think of who could have caused the accident. However you must sue the party against whom you can prove the allegations you are making. There is no law that stops you from suing anyone; however remember that a party that you sue unsuccessfully can claim costs from you after the case is over.
You claim that the police confirmed that the accident was caused by a tyre burst. From what we read here is that the police have not confirmed that the accident was due to a faulty tyre supplied to you by the manufacturer but merely due to a tyre burst. The tyre burst could have been caused by not only the manufacturers fault, which we don’t rule out, but also by having too much pressure, not maintaining the tyres properly, having less pressure etc. In the circumstances it is very difficult for us to guide you on whether you should sue the tyre manufacturer or not. You will have to investigate and understand the actual cause that led to the collision and then make an informed decision. The police are not experts when it comes to understanding tyre quality and if you sue the tyre manufacturer, he or she will bring in their experts to disprove whatever you are trying to prove. You need tyre experts to guide you before you embark on any litigation.
Director in a company
I was appointed as a director in an agriculture company. For the past ten years all the profits have been retained and reinvested in the business. In January 2010 the company declared dividends but I was not paid my dividends as a director. What should I do?
GL, Morogoro
As a director you are entitled to directors’ remuneration as agreed upon. You are not a shareholder of the company and hence not entitled to dividends. We believe you are confusing between being a director of a company and a shareholder. In some companies the directors are also shareholders.
In your instance, perhaps because of your professional qualifications or relations with other members or directors of the company, you were appointed as a director of the company and do not own any shares. We don’t see anything wrong in what the company has done to you.