Q&A – 13 March 2017
Will names me as boyfriend
I am a married but had a girlfriend who has named me in her Will as having been her boyfriend. Is there a way I can get an injunction from being mentioned like this? This girl is quite sick and there are chances she might not survive. How can I stop from being named? This former girlfriend says that she must name me as that is how her soul will get relieved. I’m not sure how to disclose this to my wife. Please guide.
YT, Dar
We do not see how you can stop your ex-girlfriend from naming you in her Will or otherwise. She is entitled to name whoever she wants and whatever she wants in her Will. It is her document.
Further from the facts it seems that what she is intending to write or has written is not false, hence you cannot even sue her for defamation. If you file an application for an injunction there is a high chance that this application itself will come into the public domain as files in Court are accessible.
You need to speak to your lawyer or a counsellor for further guidance. We are not qualified to response to you on how and whether you should self-disclose this to your wife. That call remains yours. This is a good lesson for you, and other men, for the future.
Tax case, member’s opinion differs
I had a case at the Tax Revenue Appeals Board where one of the members of the board ruled in my favour although the decision was against me as the Chairman had a different opinion. The member who ruled in my favour properly explained his reasoning for doing so, but the board’s decision is not on point. What can I do?
OI, Mwanza
You have the option of appealing to the Tax Revenue Appeals Tribunal within 30 days of the decision. Section 20 of the Tax Revenue Appeals Act states that for the purposes of determining any matter, the Chairman or the Vice-Chairman as the case may be, shall not be bound by the opinion of any member but, if he disagrees with the opinion of any member, he shall record the opinion of such member or members differing with him and reasons for his disagreement.
The Chairman or Vice-Chairman should have stated reasons in the judgment for her/his disagreement, and that can now also be a ground of appeal to the Tribunal.
Confusion on when law comes into force
I am totally confused as to when laws in Tanzania come into force. I would think that once they are passed by the National Assembly and assented by the President they come into force only to find out that there are more steps to follow. Please explain to me how this works? This is stalling progress is it not?
IF, Dodoma
Bills, which are the draft laws, are taken to the National Assembly in Dodoma. After passing the National Assembly, the President must assent to the bill for it to become law. However upon assentment, it is not automatic that the bill will come into force. Coming into force is the commencement date of the act. The law can come into commencement one amongst the following three ways. The first is where a date of commencement is stated in the Act itself, which in recent times has become quite rare.
The second way is where the Act leaves the commencement in the hands of a certain authority appointed by the respective Act itself. For example the Act would state that this Act shall come into force on such date as the Minister may by notice in the gazette appoint. Hence under this method, the laws commencement date is at the mercy of the Minister or relevant appointment authority. A typical example is the Minister for Industries and Trade who for the past few years has surprisingly failed to bring into force the commencement of the change in law for a company to have a single shareholder, despite both the law having passed the National Assembly and having been assented to by the President.
Hence till date you cannot register a single shareholder company because of the non-action of the appointing authority. This is a typical example of progress being stalled. The third way for an Act to commence, again which is rare, is for the Act not to mention it and the commencement date would then automatically be as soon as it is published in the gazette.
Community service instead of prison
Is there a law in Tanzania that allows prisoners to perform community service instead of rotting in prison? What are the conditions?
UU, Moshi
There is an act called the Community Service Act which makes provisions for the introduction and regulation of community service on offenders in certain cases, and for connected and incidental matters.
Section 3 states that (1) where any person is convicted of an offence punishable by– (a) imprisonment for a term not exceeding three years, with or without the option of a fine; or (b) imprisonment for a term exceeding three years but for which the court determines a term of imprisonment for three years or less, with or without the option of a fine, to be appropriate, the court may, subject to this Act, make a community service order requiring the offender to perform community service.
Hence if the offender is sentenced to a term not exceeding 3 years, this Act can be invoked. You must remember that this is not an automatic right and the Community Service Orders Committee amongst others have discretionary power under this Act.