Q&A – 14 May 2018
Child taught wrong stuff
My wife with whom I am separated, intentionally teaches our child wrong stuff, trying to prove her point. For example in math, the mum would give all wrong answers to the child. She recently told the child that she has the switch to turn on the sun in the morning and switch it off at night, and now he believes this. She also told the child that she can “bring out” anything you see on television and ever since, my child has been using a pencil on the tv set to try bring the character out. The school teachers have disallowed my wife to go into class as last time she was there she said that fish can swim in the air as well as in the water. When my son was injured she decided not to take him to the hospital as she said she was trying to improve the child’s immune system. I really don’t know what to do with her. Please guide.
YT, Dar
We are unsure why you say that this is intentional but if it is, the under the Law of Child Act is clear in that it is the duty of the parent to maintain the child in particular to give the child the right to food, shelter, clothing, medical care, education and guidance, liberty, right to play and leisure.
This law is also clear that a person shall not deprive the child of any other thing required for his development. As for not providing adequate and appropriate medical care, the Law of Child Act states that a person shall not deny a child medical care by reason of religious or other beliefs. Your wife is in breach of this law and you can proceed report her. If convicted she can be sentenced to six months imprisonment or a fine or both.
On a different note, you might want to consider getting her medical help as the behavior is quite abnormal. What you might be thinking is intentional might actually be a medical condition that you and her are unaware of.
Caught without EFD receipt
I went to a restaurant in the late evening, promptly paid my bill and left. Just as I entered my car, a policeman and two officers, claiming to be from the Tanzania Revenue Authority, approached me and demanded I show them the receipt of the bill I had paid. I told them that the restaurant owner did produce a receipt but I had hurriedly left, and that we could go in and verify. They declined saying it was an offence and that I was now liable to pay a fine of double the amount I paid in the restaurant. What does the law say?
YY, Dar
The Tax Administration Act (General) Regulations of 2016 state that any person who fails to demand and retain a fiscal receipt or fiscal invoice or fails to report a denial of issuance of the said receipt or invoice as required by regulation 55 commits an offence and upon conviction shall be liable for payment of twice the amount of the tax evaded.
Regulation 55 states that a person to whom a fiscal receipt or invoice is issued shall demand and retain the receipt or invoice in his possession and shall, upon a request made by the Commissioner General or any officer authorised by the Commissioner General, produce the said receipt to the Commissioner General or such authorised officer.
The Regulations add that a person who demands a fiscal receipt or fiscal invoice upon purchasing goods or services and is denied, that person, shall immediately, report to the Commissioner General through the quickest means of such incident. You are thus not only required to demand a fiscal receipt, but are supposed to retain it. On how long such restaurant receipts should be retained for is something that it is not stated in the regulations.
The Regulations also hold the person who hasn’t issued a receipt liable for not doing so- hence both the seller, and the purchaser of goods and services, can be fined for not issuing, or demanding a receipt, as the case maybe.
Mourning period after husband’s death
My brother passed away and his wife got remarried in an Islamic ceremony 30 days from his death. Is there no statutory waiting period or in this dotcom era everything is allowed? It has destroyed the sanctity of marriage and is a classic example of why people might not get married in the future. Further, in his Will, my brother had specifically ordered that in case anything happens to him, she should get married to me. Please guide.
OM, Moshi
The Law of Marriage Act has provided a specific period called Iddat, during which period the wife of the deceased cannot get married. This is provided in section 68 of the Act that states: notwithstanding any custom to the contrary, a woman whose husband has died shall be free– (a) to reside wherever she may please; and (b) to remain unmarried or, subject to the provisions of section 17, to marry again any man of her own choosing: Provided that where the parties were married in the Islamic form the widow shall not be entitled to remarry until after the expiration of the customary period of iddat.
This period of iddat varies from sect to sect, but it is certainly more than 30 days, meaning that her new marriage may likely be void from the outset.
The other question is whether or not the woman could have defied what was stated in her husband’s Will. The answer is yes, she is not bound by what the Will says in as far as marriage is concerned. Her deceased husband cannot force her to marry someone she does not want to marry. Even the law protects her and to that extent, the Will is ineffective.