Q&A – 13 April 2020
Wife driving me crazy during Coronavirus
Six years ago, I married a woman I truly believed I loved. It has been bliss until this Corona crisis broke out. Having stayed at home for about 4 weeks, I am going crazy. My apartment is small and I cannot stand one more minute of my wife. Everything that can go wrong is going wrong. The smallest issue becomes a big issue. I cannot express my disappointment and need immediate help. Staying indoors is leading to insanity. How can you help me get an online consent divorce? What if my wife refuses?
GO, Dar
Both of you might be needing marriage counselling as this might be a phase that will hopefully end soon. Everyone needs their space and you and your wife might be missing this space leading to the huge incompatibility issue arising now. First piece of advice is not to rush making hasty decisions.
We have researched on online consent divorces. In Tanzania these are not available. Same applies to most other jurisdictions. A divorce is not something you can online order on e bay or amazon and pay for with your credit card. Before a divorce petition is granted, there is a physical Court process that you must follow, and likely also be present in Court.
The Law of Marriage Act of Tanzania provides for specific grounds that can be adduced in a petition seeking divorce. For example one cannot simply get a divorce in Tanzania by consent of the husband and wife. Some of the main grounds are cruelty, adultery and dissertation, which likely don’t yet apply in your case. We suggest you seek sound legal advice.
Records maintenance in money laundering
I own a small bureau de change that does small transactions. Recently I have been asked to produce some documents that date way back in 2014. I never maintained such documents but the law enforcement officers insist that I have no choice but to produce them. Is the limit to retain documents not 5 years under our laws?
LO, Dar
As a bureau de change dealer, since you deal with cash, you fall under the definition of reporting person under the Anti Money Laundering Act. The regulations under this Act, particularly regulation 30, states that such a person must retain records for 10 years.
Regulation 30 is worded as follows: (1) A reporting person shall retain records required by section 16 of the Act for a minimum period of ten years from the date- (a) when all activities relating to a transaction or a series of linked transactions were completed; (b) when the business relationship was formally ended; or (c) where the business relationship was not formally ended but when the last transaction was carried out. (2) where a reporting person is required by any enactment to release a record referred to in sub regulation (1) before the period of ten years lapses, the reporting person shall retain a copy of the record. (3) Where a report has been made to the FIU pursuant to the provisions of the Act or the reporting person knows or believes that a matter is under investigation, that person shall without prejudice to sub-regulation (1), retain all relevant records for as long as may be required by the FIU. (4) For the purpose of this regulation, the question as to what records may be relevant in the analysis process may be determined in accordance with the Guidelines. Most bureaus perhaps don’t know this, but the records are to be maintained for 10 years, and must be easily retrievable.
Money Laundering in Tanzania is not bailable and you should do your best to locate these documents.
Setting quarantine centre
We are an NGO having our offices in Tanzania. Due to the outbreak of COVID-19 and the way the disease has been spreading around the world, we are thinking of supporting the Government by establishing quarantines centers. Do we need approval for this or is it automatic? Should we be writing to the Ministry of Health seeking approval and submitting our plan. Please guide.
GH, Dar
The Public Health Act, 2009 obliges the Government through Medical Officer of Health (MOH) and District Medical Officer (DMO) to prevent and control the spread of infectious or communicable diseases. Section 15 of the Act empowers MHO and District DMO to specify quarantine measures that will facilitate the scaling down of the outbreak. One of the quarantine measures is the creation of temporary treatment centers.
It is important to note that every state protects and provides basic services for its citizens. The said duty is a legal obligation of each state towards its citizens and is usually provided for under the Constitution. On top of that, the Social Contract Theory as advocated by different philosophers puts a similar obligation to the state to protect its subjects. Social contract arguments typically posit that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the Government in exchange for protection of their remaining rights or maintenance of the social order. What the above implies is that since the citizens pay taxes, the Government is expected in return to provide services such as police protection, education, highway building and maintenance, welfare programs, and medical services.
Basing on the above analysis it is worth noting that, individuals, community groups, religious communities, and NGOs usually support the Government through financial measures unless communicated otherwise. The rationale behind the above is because the duty to provide health care and medical services lies on the Government itself. However, based on the Act, subject to relevant approval, you may also offer to assist with setting up such quarantine centres, and approval will only be granted based on the situation at the time. For example, if COVID-19 gets out of control (we pray that it doesn’t), then based on the situation then, approval can be sought. However, without approval you cannot proceed with your plan. Infact presently only select hospitals are allowed to treat COVID-19.