Q&A – 14 February 2011
Partnership with public sector
We are an Australian company currently negotiating a joint venture with a government ministry to develop large scale farming in the country. The project span is atleast three decades and we want to ensure that the documentation is proper. We do realize that the project is much needed in the country but want to be sure about the contract before we commit over Usd 300M to the project. What are the procedures to follow? We do not want any issues later on.
MS, Dar
Your project falls under the Public Private Partnership Act, which is a new act that has just very recemntly come into existence. Under the act, there is to be established a coordination unit headed by a coordinator. The functions of the coordination unit include coordinating all public private partnership projects (PPP), making an assessment of such projects, investigate whether the project provides value for money, promote PPP’s and most importantly to investigate whether the project is affordable to the relevant ministry.
We are unsure if a coordinator has been recruited and if the coordination unit is functional- we very much doubt it and advise you to contact the Tanzania Investment Centre (TIC), under which the unit is established.
Also under the act, there is the finance unit that is to be established that reviews the PPP feasibilities to ensure that they make economic sense and it is for the Minister for finance to finally approve. Take note that the Attorney General must also provide his legal opinion prior to the signing of any agreement.
After reading your question, it seems like you are only negotiating with the relevant ministry and not following the process above. We must also add that if you have submitted the proposal it falls under the ambit of the unsolicited bids under the act, and regulations for such unsolicited bids are, to the best of our knowledge, yet to be published.
All in all, since this is a much needed agriculture project for Tanzania, you should contact the TIC who can assist fast track this entire process. It is important that in the process you, or the Ministry, do not break the law.
Child caused fire
We live 55km from Mbeya in southern Tanzania, where the climate is very cold. Our nine year old child was in the forest where to warm himself he lit a fire. Unfortunately and unknowingly he lit a fire on hardened and dry grass and the fire spiraled out of control and burnt down a small hut belonging to a family. At the time of the fire, there was no one present in the hut. The matter was reported to the police and my child was taken to Court. The final outcome of the judgment was that I was to compensate the hut owner with a certain amount. Is this fair? I do not have the means to pay such compensation? What should I do?
GY, Mbeya
The Penal Code provides that a person under the age of 7 years is not responsible for any act or omission, and that a person under the age of 12 years is not criminally responsible unless, at the time of the act, he had the capacity to know that he should not have committed the act. The burden is always on the prosecution to prove, and in this case to prove that your child should have not lit the fire.
Where the Court is of the opinion that the case would be best disposed by payment of a fine of in the interest of the child, the law does allow the parent to pay a fine where a child is convicted of any offence. However a parent against whom such an order is made must be given the opportunity to be heard. It seems like you were not availed such a chance and can appeal this order.
Mistreatment of animals
I own several dogs and keep them in small wood like huts. As part of my business I artificially induce them to mate and reproduce and sell them to people or hire some kids to sell them in the streets. I am not very well to do and sometimes lack the funds to feed them. One day the kids that sell the dogs for me brought visitors to the house who wanted to see how I raise my dogs. I allowed them only to be told that I was in breach of the basic standards of keeping and selling animals. I was subsequently arrested and am now facing criminal charges. I have never heard of such a thing- these are dogs and not humans. The prosecutors should be prosecuting the hard core criminals out there and not breeders of dogs. Don’t they have better things to do? Is there no law that instructs such prosecutors to prioritize who they take to Court? What should I do?
AK, Arusha
There is a law which was enacted called the Animal Welfare Act of 2008. This law establishes an organization which will be responsible for the control and prevention, mistreatment or abuse of animals. Officers of this organization upon proof that a person is abusing the animals or is keeping the animals in a poor standard contrary to the standards established by the minister responsible for welfare of animals, can investigate the said person and hand the person to the Director of Public Prosecution who will prosecute the said person. Furthermore, the said law is clear that no cat or dog should be sold in a public place except in appointed pet shops or approved areas. Also note that if you are breeding the animals for commercial purposes, you are required to get a permit for such trading which you don’t seem to have. Not regularly feeding the dogs is mistreatment and we don’t see why you should not be prosecuted. We must mention that this is the first time we are hearing of such kind of prosecution.
Your proposed priorities of prosecutions act is nonexistent.