Q&A – 12 November 2012
In trouble for writing love letter
I wrote a love letter to a girl in my college. I did not know that she had a boyfriend and she reported me to him. In turn I was reported to the police, and I was arrested, missed a test and was nearly thrown out of school. Is it illegal to write a love letter? How does one make a move on a girl if love letters are not allowed in Tanzania?
GH, Dar
We are sorry to hear the inconvenience you have gone through but are not sure what the contents are of the love letter. Were you merely proposing? What were you proposing? Was there any vulgarity in the love letter? There is no legal definition of a love letter and we try our best to answer your question by looking at some of the provisions of the Penal Code, one of our criminal statutes. We warn you that you will not necessarily be very happy reading the response.
Section 89 of the Penal Code states that (1) Any person who- (a) uses obscene, abusive or insulting language to any other person, in such a manner as is likely to cause a breach of the peace; or (b) brawls or in any other manner creates, a disturbance in such a manner as is likely to cause a breach of the peace, is guilty of a misdemeanor and on conviction therefore is liable for six months imprisonment.
(2) Any person who— (a) with intent to intimidate or annoy any person, threatens to injure, assault, shoot at or kill any person or to burn, destroy or damage any property; or (b) with intent to alarm any person discharges a firearm or commits another breach of the peace, is guilty of a misdemeanor and is. liable to imprisonment for one year. If the offence is committed at night the offender is liable to imprisonment for two years.
You have to hence look at the love letter and see if it is captured by the above provision. If it does, then the girl was right in reporting you to the police. We now take you to section 135 which says that
(1) Any person who unlawfully and indecently assaults any woman or girl is guilty of a felony, and is liable to imprisonment for fourteen years.
(2) Where a charge for an indecent assault under this section relates to a girl under the age twelve years, it shall be no defence to such charge that she consented to the act of indecency:
Provided that it shall be a sufficient defence to any such charge if it shall brought that the person so charged had reasonable cause to believe arid did in fact believe that the girl was of or above the age of twelve years.
(3) Whoever intending to insult the modesty of any woman utters any word, makes any sound, or gesture, or exhibits any object, intending that such word or sound shall be heard, or, that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman , is guilty of a misdemeanor and is liable to imprisonment for one year.
Section 140 of the Penal Code may also apply in that 140 any person who-
(1) by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connection, either in Tanganyika or elsewhere; or
(2) by false pretences or false representations procures any woman or girl to have any unlawful carnal connection, either in Tanganyika or elsewhere; or
(3) applies, administers to, or causes to be taken by any woman or girl any drug, matter or thing, with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl, is guilty of a misdemeanor:
Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.
Again if your love letter falls in any of the above, then you could still be in trouble. As stated before it all depends on how you have drafted the love letter. We are not trying to indicate to you that love letters must be drafted by your lawyers, but merely that you should be careful about what you write.
Your lawyer needs to read the love letter and guide you on your defence strategy. Next time perhaps be careful about writing love letters to girls with boyfriends.
Cosmetic products with mercury
There are certain beauty products that have mercury in them and are being imported in Tanzania. Whilst others countries have banned such products that are used mainly by women to fight anti-ageing and to lighten skin, some of the leading Tanzanian beauty shops sell them. How can this be stopped? Who is responsible for this irresponsible behavior? Is there no law that can come to the rescue?
UR, Dar
The Tanzania Food and Drug Authority (TFDA) is a regulatory body under the Ministry of Health and Social Welfare which is responsible for regulating the quality and safety of food, drugs, cosmetics and medical devices. You can report this to the TFDA who should be able to take immediate action. If you also visit the TFDA website, it contains a list of all cosmetic products that it has registered.
Importing mercury products is also illegal under the East African Community Customs Management Act (EACCMA). In schedule 2 of the EACCMA, it is specifically provided that all soaps and cosmetic products containing mercury are prohibited from being imported.
According to the EACCMA anyone who imports such products shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine equal to fifty percent of dutiable value of the goods involved, or both. Hence the importers of these products can be sentenced to jail.
And for general interest, the EACCMA is an act applicable to the East African Community partner states in that it applies a common customs structure mainly for goods that are being imported. Hence when one partner state imports a particular item, the duty that the importing party pays is the same across all the five partner states.