Q&A – 2 September 2019
Maximum age to get married
I am a 80 year old man and have a 29 year old girlfriend. Just as I was planning to get married, my cousin who is a self-proclaimed bush lawyer says that I am above the age for marriage especially considering that there is a 51-year gap between us. He says there is a recent change in law that intends to discourage elderly persons getting married like this. Is there such an age restriction for marriage and if so how can I work around it? It is high time I settle down.
FG, Dar
You are surely energetic for an 80 year old.
We have gone through various amendments to the Law of Marriage Act and have not come across any such restriction that disallows you as an 80 year old to get married or remarried in a heterosexual marriage. There is a minimum age to get married, which doesn’t apply to either of you.
Whilst it is indeed encouraging that a person of your age is able to get a girlfriend 51 years younger, we must warn you that not being able to cohabit is a ground for divorce. Understandably there is medicine available to ensure that you are able to do so, but we thought it was pertinent to inform you of this risk. We wish you all the best.
Flying a drone in Tanzania
I have a drone that I regularly use for mapping and videoing purposes. Is such a drone required to be registered and by whom? Anything else I need to know?
GJ, Mwanza
The answer to your question is yes. You must register the Remotely Piloted Aircraft (RPA) with the Tanzania Civil Aviation Authority (TCAA). The registration is governed by the Civil Aviation (Remotely Piloted Aircraft Systems) Regulations 2018 which clearly states that a person shall not fly a RPAS for commercial or private purposes, without a valid licence issued by the Authority in accordance with these Regulations.
Further regulation 7(1) a person shall not operate a remotely piloted aircraft within the United Republic of Tanzania unless the remotely piloted aircraft has been registered by the Authority and a certificate of registration has been issued in accordance with these Regulations. (2) A remotely piloted aircraft shall acquire Tanzanian nationality when registered under these Regulations.
Regulation 65(1) also has very interesting restrictions and states that on receipt of an application for a remote pilot licence or registration of a remotely piloted aircraft, the Authority shall verify compliance and the accuracy of the application and provide the applicant’s information to competent security agencies for security vetting prior to issuance of a certificate. (2) The Authority shall only issue certificates to individuals who have successfully completed a security threat assessment conducted by the competent security agencies. (3) The security threat assessment shall consist of a check of intelligence-related databases, including Interpol and international databases, terrorist watch lists, and other sources relevant to determining whether an individual poses or may pose a threat to national security, and that confirm the individual’s identity. (4) Where the competent security agencies determines that the applicant poses a security risk, the Authority shall deny the application for a certificate. (5) A holder of a remote pilot licence or the certificate of registration who will be determined to pose a security risk shall have his certificate amended, modified, suspended or revoked (as appropriate) based on the competent security agencies’ security findings. (6) The competent security agencies shall conduct background and criminal record checks every 24 months on all personnel employed in the deployment, handling, and storage of remotely piloted aircraft.
Gone are the days where you can merely fly a drone. There are serious compliance requirements that you must follow failure of which you can be criminally prosecuted.
Bilateral investment treaties
Why does Tanzania have bilateral investment treaties with certain countries when none of our companies invest in those countries? What is the main essence of having a bilateral treaty and how does it help the country? What if the host country needs to take over an asset in the interest of public policy?
RT, Dar
Depending on the drafting of the Bilateral Investment Treaty (BIT), such treaties are entered into between countries primarily for the promotion and protection of investments. They have clauses on how investments are to be made and automatically protect companies of such countries from expropriation and compensation for losses suffered in the country they have invested in.
Whilst it is true that we have entered into a number of bilateral investment treaties when our companies have not invested in those countries, you must note that these treaties also attract companies from outside the country to invest in Tanzania. Once signed, and once relied upon by foreign companies to come and invest, it is very hard for a state party to unilaterally terminate its obligations under a BIT until atleast expiry or notice periods expire.
Taking over an asset is also provided for in most BITs, be it expropriation or nationalisation, but this must follow due process of the law and be compensated adequately, fairly and quickly. In short no takeover can be undertaken without full compensation making it a very costly affair.
There are BIT arbitrations that have run into billions of dollars worth of compensation against state parties.
Venezuela, amongst many other countries, have had to compensate billions of dollars for actions it took against various companies that had invested there and that were fully protected under BITs.