Legal Digest – 30 April 2017
Dar, Seoul team up against rising cases of cybercrimes
In taming the risk of rising cybercrime, the government has partnered with Korea Internet and Security Agency (KISA) in areas that would boost cyber security in the country.
Under the five-year Memorandum of Understanding (MoU) signed by the two parties in Dar es Salaam, KISA will offer Dar es Salaam expertise, monitor the security of the cyber infrastructures as well as invest into the sector.
The “Tanzania Cyber Security Report 2016 – Achieving Cyber Security” reported that Tanzanians lost USD 85 million from the attacks by digital criminals in 2016. Software giant Microsoft says Tanzania was spotlighted as ‘one of the top targets’ for cyber-terrorists, technology spies, hackers and digital fraudsters in the world.
This comes at a time when Tanzanians are increasing the use of mobile transactions to deliver or receive money than ever before.
KISA Vice-President, Mr Cho Yoonhong, noted that the company had established cooperation with several other countries in the world, but described the one with Tanzania as ‘pivotal’ because of the country’s location: a bridge to other African countries.
He added that the company’s cooperation with Tanzania would as result strengthen partnership with South Korea.
Government asked to replace death penalty with life sentence
The Parliamentary Committee on Constitutional and Legal Affairs has asked the government to consider replacing the death penalty with life sentence as the experience shows that the death penalty is not being implemented. Mr Rashid Shangazi (Mlalo-CCM), who was chairing the committee’s meeting cited the proposal as one of the steps to enhance human rights in the country.
“The experience shows that the death penalty has never been implemented since the time of President Ali Mwinyi up to date, but the people sentenced to death are still in prisons. If that cannot be implemented, why doesn’t the government amend the Penal Code (Cap 16) to replace capital punishment with incarceration,” he asked.
The committee also wanted the Director of Public Prosecutions (DPP) to re-evaluate its operations and see what can be done to reduce the backlog of cases, a situation that makes those remanded to overstay in remand prisons.
Resident Foreigners in Tanzania to undergo electronic verification
In a Press Release issued by the Immigration Department dated 20 April 2017, all non-citizens are now required to verify their residence permits using the immigration department website (www.immigration.go.tz) and follow procedures as illustrated within the link and thereafter submit a report to the nearest immigration office. The Immigration department states that it expects voluntary compliance on or before 17 July 2017.
Failure to do so may incur serious legal action being taken against employer and agencies employing such non–citizens. According to the Press release, the Immigration department explained that the launch of the electronic system is in line with changing technology and aimed at bringing the immigration services up to International standards.
The system will also verify whether all residence permit holders are in possession of genuine and proper documents, and to ensure that all non-citizens, their employers and agents are in compliance with the Immigration laws. In the statement the Immigration department reminds the public that non-citizens working and residing without a valid residence Permit issued by immigration department are committing an offence.
As has been previously communicated by the FB Attorneys Legal Updates team, working and/or employment on a business visa/business pass is contrary to the provisions of the law and can lead to fines or imprisonment or both.
Government highlights plans to put courts in all regions
Each region in the country will have Court structures in a period of five years as the Constitutional and Legal Affairs Ministry implements national plans to construct courts nationwide. Minister Palamagamba Kabudi told parliamentarians that in the same period, 109 districts and 150 primary courts will be constructed in different parts of the country.
Prof Kabudi who was winding up and responding to contributions and questions from legislators during discussions on his ministry’s budget estimates, urged MPs to avail plots of land to hasten the work of the judiciary in building Court structures in their areas. “It’s my expectations that by 2021 all districts in the country will have Court structures, however, there are some areas we would appeal to you to avail plots for construction of the Court structures…..,” he explained.
Prof Kabudi explained that one of the main challenges facing the judiciary is lack of enough courts countrywide and dilapidated structures especially at district courts. He said currently the judiciary has Court structures in 30 districts while in other districts the service is being dispensed from borrowed government institutions. “Another 23 districts are receiving the service from neighbouring districts. There are 960 primary courts in the country out of 3,963 needed,” he explained.
Amendment of Marriage Act ‘will take time’
Constitutional and Legal Affairs Minister Palamagamba Kabudi told the Parliament processes for the adjustment of the Marriage Act was a matter of legal anthropology which requires ample amount of time. In order to professionally and successfully adjust the law in question, there is a need for ample time to educate and assist communities to refrain from some cultural beliefs and perceptions towards marriage and other relevant marital issues.
Prof Kabudi made the remarks when responding to a question from Songwe MP Philipo Mulugo (CCM) who wanted to know when the government would amend some of the laws that are outdated. In his key question, Mr Mulugo said there were a number of laws that are outdated and not reflecting today’s realities.
“For example, the Law of Marriage Act of 1971 and the National Education Act of 1978 are obviously outdated. When will the government amend these and many others?” he asked. In his response, Prof Kabudi said his ministry through the Law Reform Commission (LRCT) is in a process to adjust many laws, but noted that amendment of laws needs time.
“Processes for an amendment of a crucial Act are very sensitive and need ample time in order to come up with suitable inputs that will quench the thirst of broad societal demands,” he said. He said the Law of Marriage Act of 1971 is in contradiction with some religious beliefs and other local values and hence, amending it is sure to be a rather sensitive process.
“For instance, in some societies, a woman getting a beating from her husband is part and parcel of spousal love expression in the family,” he said.
The minister further pointed out that in some sections, the Law of Marriage Act of 1971 allows for young girls and boys aged 14 to enter into marriage, something that is in tandem with their societal values… such sections have been included in order to cater for the needs of certain communities, he said.
Tanzania plans to enact law to regulate scrap metals business
Tanzanian government said it was drafting a Bill designed to enact a law that will monitor and regulate the increasing tidal wave of the scrap metals business in the east African nation. Charles Mwijage, the Minister for Industries, Trade and Investment, told the National Assembly in Dodoma that the government has decided to enact a law that will monitor and regulate the increasing tidal wave of the scrap metals business following increased theft of key infrastructure instruments that were sold as scrap metals.
He said the Tanzania Electric Supply Company Limited (TANESCO), Tanzania National Roads Agency (TANROADS) and Reli-Assets-Holding-Company (RAHCO) were the most affected infrastructures. Mwijage stated: “The scrap metal business in different parts of the country is seriously fueling the looting of crucial infrastructure calling for the need to enact a law that will monitor the practice.”
In recent years there has been endless public outcry that the mushrooming arbitrary scrap metal business is to a large extent accelerating sabotage of electricity, water and other key public infrastructures across the country.
State to review 1999 tourism policy
Tanzania has started to formulate a new National Tourism Policy to replace the old one which has existed for more than 18 years. The revelation was made by Deputy Permanent Secretary (DPS) in the Ministry of Natural Resources and Tourism, Dr Aloyce Nzuki, while meeting different stakeholders who had gathered to review the National Tourism Policy of 1999.
He said drafting of the new National Tourism Policy will consider issues on conference tourism, historical and cultural heritage sites, eco-tourism, beach tourism and tourism supply chain among others.
“For many years, Tanzanian tourism sector has banked heavily on wildlife based safaris, forgetting that the world is changing and people need other attractions such as cultural tourism, visiting historical sites, ecotourism, conference tourism and water based visits featuring beach lazing and sun basking,” Dr Nzuki stressed.
Around the World
Cartoonist who claimed to be Kung Fu Panda creator jailed for two years
A cartoonist who falsely claimed to be the creator of Kung Fu Panda has been sentenced to two years in prison for fraud and ordered to pay USD 3M (GBP 2.3M) in damages. Jayme Gordon, from Randolph, Massachusetts, filed a copyright lawsuit in 2011 alleging that DreamWorks Animation had stolen characters and story from him for the 2008 animated comedy.
Brexit may cost MPs and peers the power to pass laws, says former judge
The “legislative tsunami” unleashed by Brexit will deliver the “greatest challenge” in history to the integrity of parliament’s procedures, a former lord chief justice has said. Lord Judge raised his concerns that by the time Brexit is completed and the “great repeal bill” enacted, MPs and peers will have effectively given away their powers to pass laws.
Turkey removes 3900 from civil service positions on alleged terrorist links
Turkish authorities removed more than 3900 people from their positions in the civil service and military pursuant to a new national security law published this month. Those removed included prison guards, clerks, academics, and employees of the religious affairs ministry, all of whom the government alleged had links to terrorist organizations. This is the latest action by the Turkish government since a state of emergency was issued after a failed coup attempt in July of last year.
Mexico legislature approves bill legalising medical marijuana
The Mexican Chamber of Deputies approved a bill allowing the use, production and distribution of marijuana for medical and scientific purposes. The bill was approved by the other chamber of the legislature in December and will now be sent to President Enrique Pena Nieto for his signature. The change in policy came after a national debate and organised forums on narcotics, which has been a hot topic for years, because of the widespread organised crime connected to narcotics in Mexico. The bill stopped short of allowing recreational marijuana.
India president approves law banning discrimination against AIDS patients
Indian President Shri Pranab Mukherjee approved the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Bill . The law is intended to prevent discrimination against individuals with HIV and AIDS, and makes it a fine-able offense to disclose the HIV-positive status of an individual against his or her will. These protections extend to employment, service accommodations, property rentals, and insurance. Further, the Act requires that informed consent be obtained before any HIV test, treatment, or research is conducted. The Act also requires state governments to “take measures to facilitate better access to welfare schemes,” broadly mandating local governments take action to better accommodate individuals with HIV and AIDS.
Russia man receives longest-ever cybercrime sentence
The son of a member of the Russian Parliament, was sentenced for hacking into more than 500 US businesses, stealing then selling millions of credit card numbers. He was sentenced to 27 years, the longest-ever sentence for such a crime, and ordered to pay nearly USD 170M in restitution. US District Judge Richard Jones took no leniency despite pleas for mercy.
UK charities fined by watchdog for wealth screening of donors
Eleven of Britain’s best-known charities have been fined for breaching data protection rules. Some were secretly subjecting millions of their donors to “wealth screening” operations to target them for additional fundraising. The Royal British Legion, Oxfam, Cancer Research UK and the Guide Dogs for the Blind Association are among those found by the Information Commissioner’s Office (ICO) to have broken privacy regulations.
UK Parliament votes to hold early general election
The UK parliament voted to move the date of the next parliamentary general election up from May 7, 2020 to June 8, 2017. The motion was approved by a vote of 522 to 13, which exceeded the necessary two-thirds vote to hold an early election. The conservative party currently has a small majority in the Parliament’s lower house. Prime Minister Theresa May has stated that the general election will “secure the strong and stable leadership the country needs to see through Brexit an beyond.” The election will delay the Brexit negotiations, which must be concluded by March 29, 2019.
Saudi court reduces Sri Lankan woman’s stoning sentence
Saudi authorities have reduced a Sri Lankan woman’s sentence for adultery from death by stoning to a three-year jail term after an appeal, Colombo’s foreign ministry has said.
The woman, 45, who is married and had worked as a domestic helper in Riyadh since 2013, was convicted in August of adultery with a fellow Sri Lankan migrant worker. The man was given a lesser punishment of 100 lashes because he was not married.
Four in five back no fault divorces – poll
More than four out of five people believe the law should be changed to allow for “no fault divorces” following the irretrievable breakdown of a marriage, according to a survey.
The Conservative MP Richard Bacon presents a private member’s bill in the Commons on Friday seeking changes to the 1973 Matrimonial Causes Act introducing an extra ground for legal separation.
Online research commissioned by the family law firm Vardags and carried out by OnePoll found that 85% of people questioned believed no fault divorce – where neither party has to admit wrongdoing – should be available.
At present, married couples seeking divorce have to provide the courts with evidence of adultery, unreasonable behaviour, desertion or separation without consent.
Supreme court affirms random stop-and-search
Britain’s highest court in the land has given strong backing to the use of random stop-and-search powers to tackle gun and knife crime and gang violence.
Critics have said the UK’s legal powers have been used disproportionately by police against black people, but five supreme court justices emphasised the capability for saving lives.
The court held that there was a risk that a random, “suspicionless”, power of stop-and-search could be used in an arbitrary and discriminate manner in individual cases. But the deputy president of the supreme court, Lady Hale, sitting with Lord Clarke, Lord Reed, Lord Toulson and Lord Hodge, ruled that there were adequate safeguards in place and that there were “great benefits to the public in such a power”, particularly to the black community.
Supreme court affirms random stop-and-search
Britain’s highest court in the land has given strong backing to the use of random stop-and-search powers to tackle gun and knife crime and gang violence.
Critics have said the UK’s legal powers have been used disproportionately by police against black people, but five supreme court justices emphasised the capability for saving lives.
The court held that there was a risk that a random, “suspicionless”, power of stop-and-search could be used in an arbitrary and discriminate manner in individual cases. But the deputy president of the supreme court, Lady Hale, sitting with Lord Clarke, Lord Reed, Lord Toulson and Lord Hodge, ruled that there were adequate safeguards in place and that there were “great benefits to the public in such a power”, particularly to the black community.
Supreme court affirms random stop-and-search
Britain’s highest court in the land has given strong backing to the use of random stop-and-search powers to tackle gun and knife crime and gang violence.
Critics have said the UK’s legal powers have been used disproportionately by police against black people, but five supreme court justices emphasised the capability for saving lives.
The court held that there was a risk that a random, “suspicionless”, power of stop-and-search could be used in an arbitrary and discriminate manner in individual cases. But the deputy president of the supreme court, Lady Hale, sitting with Lord Clarke, Lord Reed, Lord Toulson and Lord Hodge, ruled that there were adequate safeguards in place and that there were “great benefits to the public in such a power”, particularly to the black community.
China anti-counterfeiting agents make many of the fakes themselves – report
Multinational corporations doing business in China face a losing battle when it comes to keeping copies of their products off the market, with anti-counterfeiting investigators either collaborating with producers of the fake goods, or copying the goods themselves, according to a report.
The Associated Press said it had found that anti-counterfeiting investigators were widely involved in copying products of their own western customers so they could claim bounties for “seizing” them.
China anti-counterfeiting agents make many of the fakes themselves – report
Multinational corporations doing business in China face a losing battle when it comes to keeping copies of their products off the market, with anti-counterfeiting investigators either collaborating with producers of the fake goods, or copying the goods themselves, according to a report.
The Associated Press said it had found that anti-counterfeiting investigators were widely involved in copying products of their own western customers so they could claim bounties for “seizing” them.