Q&A – 1 July 2019
Changing dressing for mother in law
I am a westerner happily married to a Tanzanian and living in Europe. We intend to visit my mother in law in Tanzania and my husband wants me to change the way I dress apparently because of cultural differences. I am very unhappy about this and might want to consider a divorce. What are my rights?
TY, Europe
We fail to understand one thing. On one hand you claim to be happily married, on the other you are talking about a divorce simply because you are visiting, we believe for a short time, your mother in law in Tanzania. Tanzania is not backward in its dressing style at all and you see people freely dressed in whatever clothing they like.
Under Tanzanian law, a divorce would not be allowed for the reason you have cited. However likely under European law or the country you are resident in, you will be entitled to a divorce. A divorce might annoy your mother in law more than your dressing and you might want reconsider the strong stance you are taking. Your lawyers can guide you further.
Money spent on bosses pet
I am employed as a driver for a certain high net worth individual, who spends millions of shillings on his dog. From imported pet food, to full body checkups and grooming including manicures and pedicures, I find it an insult to my fellow citizens. My question is whether there is a limit as to how much my boss can spend on his dog considering that some of our fellows are finding it hard to meet their day to day expenses?
IF, Mwanza
There is no law that states how one can spend your hard-earned money. The same applies to your boss. As long as the funds are legally acquired by your boss, and he is meeting his statutory and contractual commitments, you cannot stop him from spending the way he likes and chooses.
However, if he was using funds from the bank to invest in his dog and not his business contrary to his agreement with the bank, the bank could object to such expenses and limit such spending.
My son is a thief
I am a widow and have a son who is a thief. I don’t support his activities but yet I can’t turn him in either although I am fully aware of where he keeps his stolen properties. I thought I was safe until the police questioned me for hours in relation to my son’s activities and I clearly refused to give my son up. The police told me that if I don’t give him up they will also arrest me for aiding and abetting? As a mother I am doing the best for my child. Please guide me what I should do in such circumstances?
GO, Morogoro
As much as we sympathize with you, the Penal Code states that every person who does or omits to do any act for the purpose of enabling or aiding another person, commits an offence, and may be charged with actually committing it. To elaborate this provision, you are withholding information to the police that your son is a thief; you even know where he keeps his stolen properties hence you are omitting to do what is right to prevent your son from stealing again. Due to that, you can be charged and convicted of aiding and abetting to which you will be charged and convicted of theft and be imprisoned as a thief although you didn’t actually commit theft. The Penal Code further states that, a person who receives or assists another who is, to his/her definition of knowledge, guilty of an offence, in order to enable him to escape a punishment; is said to become an accessory after the fact to the fact offence and any such person who becomes an accessory after the fact to felony is guilty of felony, and is liable, if no other punishment is provided, to imprisonment for seven years. From the foregoing provision, you can also be charged of an offence of accessory after the fact and that can land you in prison for seven years. With the above in mind, and in order for you to not get in trouble yourself, you will have to report him.
Child testimony in Court
I came home drunk and I hit my wife so bad in front of our six year old girl until she was admitted to the hospital. I regret what I did and my wife has forgiven me. We told the police that she was beaten by thieves who attacked her on her way home but the medical report says that it is impossible that such a beating came from thieves and the police are now reinvestigating the matter. I know my wife won’t testify against me, but I am worried that our daughter will be called. Is it possible for a child as young as six years to give testimony? Will it carry any value? Please advice
KM, Mwanza
Yes, a testimony of a child is acceptable in any Court of law and it carries weight depending on the age of the child and how she testifies in Court. The child witness is normally submitted to some questioning by the judge/magistrate to establish if he/she understands the duty to speak the truth. If the Court is satisfied that she understands the duty to speak the truth, the Court will take her testimony and rely on it. Be reminded mostly children’s testimony carries high value because it is a general belief that children are unlikely to tell a lie.