New Investment Act in force
Legal Update – 22 December 2022
About fbadmin1
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Entries by fbadmin1
Possession of traditional liquor
December 19, 2022 in Criminal Law /by fbadmin1I am back to my home village for a break and the old men in my village enjoy traditional liquor rather than beer. They asked me to buy them traditional liquor which I accepted. I went to buy traditional liquor for them and on my way back from the traditional distiller I was arrested by […]
Age limit for grant of a driving a licence
December 19, 2022 in Traffic Regulations /by fbadmin1I want to buy a car for my father who is 85 years old as a Christmas gift. Does the law allow such an old man to learn driving and get a driving licence? Is there an age limit for getting or holding a driving licence? LW, Dar es Salaam Section 25 of the Road […]
Q&A – 19 December 2022
December 19, 2022 in Q&A /by fbadmin1Expiry of dependent’s residence permit upon divorce I am a foreigner residing in Tanzania on a dependent’s residence permit and was granted a dependent’s pass since I was married to an expatriate and wholly dependent on him. However, recently we divorced and the Court ordered my husband to continue maintaining me. My dependent’s pass is […]
Eviction of the tenant for failure to pay rent
December 12, 2022 in Property and Planning Law /by fbadmin1My tenant has not paid rent for two months now. Can I evict him myself or do I need to get a Court order first before such eviction? TY, Dodoma. This is a question we get asked very frequently. Section 101 of the Land Act [Cap113 R.E 2019] gives the lessor the right to terminate […]
Notice to sue a village
December 12, 2022 in Business Disputes with State Officials /by fbadmin1Last year when I went back to my home village for Christmas Holiday, I applied for allocation of a farm from the Village Council which I was allocated. Now I am back only to discover that the Village Council has allocated the same land to another person on the grounds that I have failed to […]
Q&A – 12 December 2022
December 12, 2022 in Q&A /by fbadmin1Employee denied paid sick leave I was employed about four months ago and two months after my employment, I fell sick and was admitted to the hospital for six weeks. I notified the HR Manager that I was admitted and he came to the hospital to see me. After I was discharged from the hospital, […]
Mental health care support
December 5, 2022 in Children, Relationships, Marriage and Divorce Law /by fbadmin1It has been more than two months since my son has been revealing abject mental disorders. He keeps on chanting all day long and sometimes throws stones to people passing our neighbourhood and has occasioned losses to us and our neighbours. A doctor advised me to admit my son to a mental health centre at […]
Q&A – 5 December 2022
December 5, 2022 in Q&A /by fbadmin1Overriding of tax laws We are an entity relying on a certain treaty for our affairs in Tanzania. Unfortunately, when the Tax Administration Act was enacted, there are certain provisions in this Act that contradict what is in the treaty. When such a conflict arises, what should one do? Moreover, we also intend to enter […]
Luggage detained for lack of valid ticket
November 27, 2022 in Traffic Regulations /by fbadmin1I was travelling by train from Kigoma to Morogoro to visit my brother. When we reached Tabora my brother called to inform me that he has been transferred to Dar es Salaam, thus advised me not to disembark at Morogoro but come to Dar es Salaam railway station where he would pick me up. On […]
Forceful conduct of DNA test
November 27, 2022 in Children, Relationships, Marriage and Divorce Law, Criminal Law /by fbadmin1I am in my fifth month of pregnancy and my husband is forcing me and the fetus to take human DNA tests. When I asked him to disclose the purpose of compelling me and the fetus to take human DNA tests, he told me that he wants to know if the expected child is his. […]
Q&A – 28 November 2022
November 27, 2022 in Q&A /by fbadmin1Reciprocal recognition of firearms licences I am a businessman operating in Tanzania and Kenya. Last year I legally acquired a pistol in Kenya and want to come to Tanzania for Christmas and New Year festivals. Am I allowed to come with my pistol into Tanzania? Do I have to legally own it in Kenya to […]
Tax consultant personal liability
November 21, 2022 in Tax Law and the TRA /by fbadmin1I am an auditor and tax consultant and have read some new rules that a tax consultant is an agent of the taxpayer? What are the consequences as a normal principal agency relationship has serious liabilities for the agent? YI, Dar It is true that recently the Tax Administration (General) (Amendment) Regulations, 2022 amended the Tax Administration […]
16% in mining companies
November 21, 2022 in Mining /by fbadmin1We are involved in mining and own a few mining licences. Recently we came across the Mining (State Participation) Regulations 2022 (Regulations) which provide for how the Government will get free carried interest (FCI) in our company. Does the free carried interest apply to companies mining rare minerals as we are soon required to notify […]
Q&A – 21 November 2022
November 21, 2022 in Q&A /by fbadmin1Informing spouse of HIV status A friend of mine has tested positive for HIV/AIDS. The question we have is whether he is required to inform his spouse of his status or can he continue in the relationship so long as he uses protection? RY, Morogoro The HIV and AIDS (Prevention and Control) Act makes it […]
Disclosure of truth to lawyer
November 13, 2022 in Lawyers, Statutory Interpretation and Court Procedures /by fbadmin1I am charged with a criminal offence and am wondering whether I should tell my lawyer the truth? What if the lawyer refuses to defend me after hearing me? What are the lawyer’s duties to me as his client? PL, Dar There is what you call an Attorney Client privilege whereby your lawyer cannot disclose […]
Q&A – 14 November 2022
November 13, 2022 in Q&A /by fbadmin1Liability of airlines in event of crash I am a frequent traveler by air, both within and outside Tanzania. I and many other people have been traumatised by the recent aircraft crash. Some people have vowed not to travel by air for the remaining span of their lives. Moreover, since the accident many people have […]
Corrupt witness lying in Tribunal
November 7, 2022 in Criminal Law /by fbadmin1I have a land case in the District Land and Housing Tribunal in which I am the respondent and have been defending the case myself. In the course of hearing, the claimant called a witness who is a total stranger to me and not even one of my neighbors. The witness lied in the Tribunal […]
Q&A – 7 November 2022
November 7, 2022 in Q&A /by fbadmin1Employer refuses to report death to WCA Our brother was employed as a truck driver and while in the course of his employment, he was involved in an accident which claimed his life. We reported the accident and his death to his employer for the employer to notify the Workers Compensation Fund (WCF) to process […]
Corporal punishment
October 31, 2022 in Criminal Law /by fbadmin1Our brother has been convicted of three different trophy offences and sentenced to imprisonment for twenty years. In addition to the imprisonment penalty, he has been sentenced to corporal punishment of twelve strokes. We would like to know if our brother will suffer twelve strokes for each offence he was convicted of or the twelve […]
Mainland Tanzania work permits in Zanzibar
October 31, 2022 in Children, Relationships, Marriage and Divorce Law /by fbadmin1Our company operates both in Mainland Tanzania and Zanzibar, though in Zanzibar we have smaller operations. We have recently employed a foreigner as a cyber security officer and want him to go to Zanzibar for a one week inspection. Our foreign employee has a work permit issued by the Labour Commissioner of Mainland Tanzania. Can […]
Q&A – 31 October 2022
October 31, 2022 in Q&A /by fbadmin1Wife refuses evidence for husband My husband and other three persons are charged with financial crimes for which they have been in remand prison for three years. I have been served with a summons to attend the Court as a defence witness to testify in favour of my husband. I don’t want to be a […]
Q&A – 24 October 2022
October 23, 2022 in Q&A /by fbadmin1Bank account frozen by police My account has been frozen by the Police for the last four months now. The bank states that they got a letter from the Police instructing them to freeze my account because there is an ongoing investigation pertaining to the money deposited in my account. I have not been interrogated by […]
Compensation for car stolen in parking lot
October 17, 2022 in Traffic Regulations /by fbadmin1I parked my car in the hotel car park at night when I was having some drinks with my friends. After drinking I found the car missing and the guards denied seeing anybody taking the car. I told the hotel manager that I wanted the hotel to compensate me for the theft of my car […]
Q&A – 17 October 2022
October 17, 2022 in Q&A /by fbadmin1Group CEO signs termination letter I am a Tanzanian and an economist by profession. I was employed in Tanzania in the position of chief economist for a company which is registered in Tanzania. After working in Tanzania for six years, I was transferred to the head office of the Group Company which is registered and […]