Courier refuses to deliver cigarettes
I have a friend staying in a neighboring country who enjoys smoking one of our famous Tanzanian branded cigarettes from TCC. Recently, he sent me funds wanting me to send three cartons of these cigarettes. I bought the cigarettes but when I presented the parcel to the courier company for delivery, they refused claiming that it is illegal under Tanzanian laws to deliver such a parcel. Is the courier company justified to reject the parcel? What if I give the parcel to a person travelling by bus, will that be legal? How can you assist sort this problem?
RS, Dar
The Tobacco Products (Regulation) Act, 2003, clearly states that no person shall cause a tobacco product to be sent by mail unless the mailing is between manufacturers or retailers or distributors who are exempted by the regulations made under the Act. Given the dictates of the law, mailing of tobacco products between individuals is prohibited, unless the sender and receiver are traders of tobacco products. That being the case, the courier company was justified to refuse delivering the parcel.
The Act doesn’t define the word ‘mailing’. However, as stated in the long title, the Act is meant to regulate the manufacture, labelling, distribution, sale, use, promotion of tobacco products, smoking in specified areas and matters connected thereto. From that long title, we glean that the Act is purposively couched, inter alia, to prevent unauthorized distribution of tobacco. Thus, most likely, we think, even delivery of a parcel by a person travelling by bus from and to an unauthorized tobacco products trader is illegal. There might also be tax implications at the border should you send the cigarettes by bus. You can consult your lawyer before deciding what to do. The last option is for your friend to come visit you and enjoy our country and the cigarettes!