Q&A – 2 July 2018
Death sentences
For someone who has committed murder, does Tanzania still have the death sentence? If it does, what happens during the pendency of an appeal at the Court of Appeal- does the accused have to apply for a stay of execution? What are the modes of carrying out the death sentence?
MK, Tabora
Yes, the Penal Code, which deals with criminal matters in Tanzania, provides for death sentence for offences like murder, treason and others. Section 26 states that (1) When any person is sentenced to death, the sentence shall direct that he shall suffer death by hanging. (2) Sentence of death shall not be pronounced on or recorded against any person who, in the opinion of the court, is under eighteen years of age, but in-lieu thereof the court shall sentence such person to be detained during the President’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Minister for the time being responsible for legal affairs may direct, and whilst so detained shall be deemed to be in legal custody. (3) When a person has been sentenced to be detained during the President’s pleasure under the last preceding subsection, the presiding judge shall forward to the Minister for the time being responsible for legal affairs a copy of the notes of evidence taken at the trial, with a report in wiping- signed by him containing such recommendation or observations on the case as he may think fit to make.
According to the Penal Code death sentences in Tanzania are to be carried out by hanging. We are not aware of any other modes that have been used in Tanzania, as for the past 20+ years, no death sentence has been carried out as the President’s at the time have not given the final sign off.
To answer the second part of your question, Rule 11 of the Court of Appeal rules states that no sentence of death or corporal punishment shall be carried out until the time for giving notice of appeal has expired or, where notice of appeal has been given, until the appeal has been determined. This means that there is an automatic stay of execution that is triggered once a person convicted of say murder has appealed. One does not need to apply for a stay of execution.
Informal change of name
I have at all material times wished to resume my name I was using during my childhood and which I lost completely after I went to school. However I have been advised by my lawyer that unless I register my desired name, I cannot meet my desire for which he has demanded from me charges for preparation of necessary documents and registration fee, which I cannot afford. Is the registration of change of name compulsory? If yes what should I do to achieve my goal?
PG, Moshi
Although it is for some reasons desirable that a change of name, to a certain extent be formal and accompanied by the enrolment of a deed poll, there is no legal requirement to that effect. Provided the person desiring to change his/her name becomes generally known by that name, the change is complete. Therefore if it is desired to avoid the trouble and expense of registration or for some reasons registration is refused, the only action that needs to be taken is to see that the new name is in fact adopted by friends, relations and business connections of the person wishing to adopt it.
The registration is usually made only for establishing permanent record of the proposed change for future reference to aid inspection if any question should arise. Otherwise, and considering the law is silent on this, an advertisement of change of name in a reputable newspaper should suffice. However, having said that, some regulatory offices may demand that a deed poll be passed and advertised so you stand guided accordingly.
Tension in marriage because of dressing
I am married to a foreigner and we live in Tanzania. Strangely my husband, who comes from a certain part of Africa, wants me to dress in his country’s costumes whenever I am out of home. This is even when I go for shopping in the market. He maintains that under the marriage law he has such power, and I should choose whether to obey him or he will divorce me. Does the law really say this? On a different note, can my husband marry another woman?
YT, Arusha
There is no provision we have come across in the law of marriage act in Tanzania which gives a husband such right. May be in his home country but we doubt it very much, especially in this era.
Out of the known grounds of divorce, dress code is not within the scope. Your husband might be obsessed with his customs but cannot impose it on you. Dressing is a matter of choice and there is no law that governs it, save for dressing appropriately.
We recommend both of you get some counselling and resolve this matter. Your husband has married you, not the clothing you come in, and perhaps the counsellor might be able to assist.
On whether or not he can marry another woman, it depends on whether or not the first marriage was monogamous or polygamous. If monogamous, he must divorce you prior to getting married; if polygamous, he can proceed marry another woman and need not divorce you prior to this second marriage.