Q&A – 14 December 2015
Bad body odour in marriage
I got married to a friend of mine and during dating we never removed our clothes. After marriage I have realised that my husband has a very awkward body odour, apart from being extremely hairy. This is a turn off for me and I do not want to continue in this relationship any longer. My question is two fold- first, how long are marriage contracts meant to last, and secondly can I get divorced?
OK, Dar
The Law of Marriage Act states in section 12 that a marriage, whether contracted in Mainland Tanzania or elsewhere, shall for all purposes of the law of Mainland Tanzania subsist until determined (a) by the death of either party thereto; (b) by a decree declaring that the death of either party thereto is presumed; (c) by a decree of annulment; (d) by a decree of divorce; or (e) by an extra-judicial divorce outside Tanzania which is recognised in Tanzania under the provisions of section 92.
Section 92 on recognition of extra-territorial divorces states that where any person has obtained a divorce, otherwise than by decree of a court in Tanzania, in any foreign country, the divorce shall be recognised as effective for all purposes of the law of Tanzania if- (a) it was effective according to the law of the country of domicile of each of the parties at the time of the divorce; or (b) it has been recognised as effective in a declaratory decree of a Court of competent jurisdiction in the country of domicile of the parties or either of them.
Bearing the above in mind, you can see that a marriage in Tanzania, as other jurisdictions, is supposed to be for the life of the individual unless a person dies, or is divorced. Marriage is not a type of contract you can enter into for say ten years, and then decide to get married again to someone else for another five years. It is a life time contract. In some religions the option of a short term contract of marriage is recognized but this is not provided for under the laws of Tanzania.
As for divorce, unfortunately and sadly the law of marriage act does not allow divorce for convenience, which we believe in today’s era it should. The law allows divorce based on adultery, sexual perversion, cruelty, neglect, desertion, a separation that continues for 3 or more years, imprisonment for more than 15 years of any of the spouses and mental illness. Having bad body odour, being hairy or unattractive is something that the law does not provide for as a reason for divorce.
If there is cruelty or neglect being derived out of the odour or hairy body, then perhaps you can file for divorce. Your lawyers can guide you further.
Before we end, and without sounding like social or marriage counsellors, you might want to consider sorting the odour and the hairy body out. In today’s high tech era, surely there are body sprays and waxing technologies including laser treatments that may assist bring back your love for your husband.
Failure to use EFD device
As a trader is it mandatory for me to use the Electronic Fiscal Device (EFD)? A TRA officer is threatening to ensure I go to prison for not using it. The taxman is very unfair on my business. Is a manager of the company liable for tax offences of the entity?
Please guide.
TE, Moshi
The Tax Administration Act, amongst other tax statutes, make it mandatory for the use of the EFD. The Tax Administration Act in section 86 provides that any person who fails to acquire an EFD or fails to issue an EFD receipt can be fined between TZS 1,500,000 upto TZS 2,250,000, or to imprisonment for 3 years, or both. Hence what the taxman is telling you is the truth and we recommend you comply by immediately using the EFD device. We don’t see how the taxman is being unfair as the law clearly provides for this.
As for liability of managers and directors, under the Tax Administration Act it is provided that where an entity has committed an offence under a tax law, every person who is a manager of the entity at the time of commission of that offence shall be treated to have committed that offence, unless the manager has exercised the degree of care, diligence, and skill that would have been exercised by a reasonable person in preventing the commission of that offence.
Defamatory remarks in parliament
Can a person sue a member of parliament for remarks that the MP makes in parliament? Is this not unfair and limits the MPs ability to name bigwigs in scandals?
YU, Mwanza
Under powers and privileges of parliament, our Constitution guarantees MPs from being prosecuted for any remarks they make during parliament. Article 100 states that (1) there shall be freedom of opinion, debate and in the National Assembly, and that freedom shall not be breached or questioned by any organ in the United Republic or in any court or elsewhere outside the National Assembly. (2) Subject to this Constitution or to the provisions of any other relevant law, a Member of Parliament shall not be prosecuted and no civil proceedings may be instituted against him in a court in relation to anything which he has said or done in the National Assembly or has submitted to the National Assembly by way of a petition, bill, motion or otherwise.
Article 101 further states that Parliament may enact a law making provisions to enable the court and the law to preserve and enforce freedom of opinion, debate and procedure of business in the National Assembly which in terms of Article 100 is guaranteed by this Constitution.
Reading the above, it is clear that MPs cannot be sued for remarks made in parliament. However MPs can be sued for remarks that may be defamatory that are made outside the parliament. Hence if you are a MP, it is wiser to name bigwigs in parliament then outside parliament.