Q&A – 2 May 2011
Two marriage certificates
I am a Christian woman and was seeing a Muslim man for eleven years before we got a civil marriage. A year after marriage, my husband convinced me to convert to Islam, which I did, and we then got remarried under the Islamic tradition. Two years after this second marriage, my husband decided to get married to a second wife in Dar. I was devastated and went to live with my parents in South Africa. We subsequently got divorced only that a query has arisen if we were properly divorced as the Court papers show the date of marriage as that of the marriage under the Islamic tradition. What should I do?
PL, Cape Town
We are unsure what you mean by getting remarried. You can only marry once and not twice, unless you go through a divorce and then remarry. It seems like you have two marriage certificates, one being the certificate you obtained under your civil marriage, and a second marriage certificate that you obtained when you went through the Islamic wedding. You may have contracted the second marriage under Islamic rites and rituals to convert your marriage from civil into an Islamic one. The question is whether this intention is legally sustainable.
In common law, a second marriage after the parties have legally married has no legal significance, the main argument advanced in favour of this view being that that the parties have already acquired a status of husband and wife and any subsequent ceremony to do what has already been accomplished is legally redundant. Hence your second marriage was a nullity as you were already married at the time. That does not mean your marriage was a nullity- what becomes a nullity is the second marriage certificate.
Coming to your question, it seems that a divorce has been granted on the second marriage certificate and not the first civil marriage. The second marriage certificate having no legal effect means that you are not legally divorced as we speak. You need to consult your lawyers who may consider refilling the petition for divorce afresh or making an application amending the divorce decree.
To add as a matter of interest, many couples tend to go through civil marriage especially when there is reluctance from families to accept the marriage. These couples then tend to get married again in their respective rites and rituals, and get second marriage certificates. It must be pointed out that these second certificates are merely cosmetic as the law only recognizes the first marriage and certificate issued under that marriage.
Withdrawing and refiling a suit
Some years ago I instituted a suit against two Defendants at Kisutu Resident Magistrates Court for defamation and claimed Tshs 15 Million as compensation. Before the matter was heard I decided to withdraw the suit in Court against all Defendants out of compassion as the said Defendants were facing extreme financial hardship. I have now noticed that the defendants are well off and own a number of assets. Can I re-institute my suit in Court?
BS, Dar
The Civil Procedure Code allows the Plaintiff to withdraw his suit against all or any of the Defendants or abandon part of his claim provided the Court is satisfied that the suit must fail by reason of some formal defect or that there are other sufficient grounds for allowing the Plaintiff to institute a fresh suit for the subject matter of the suit or part of the claim or if the Plaintiff does not intend to prosecute his or her case. Normally where the Plaintiff withdraws the suit or abandons part of a claim without permission to institute a fresh suit on the same subject matter, he shall be precluded from instituting any fresh suit in respect of such subject matter or such part of claim.
You have not mentioned whether when you withdrew the suit you prayed for leave to file a fresh suit. It seems you did not and that being the case it might be very difficult for you to refile the suit. You should however consult your attorneys for further guidance.
Rent increased by 100%
I have been living in a rented apartment for the past twenty five years and have been paying a minimal rent as I have also maintained the entire apartment which was in shambles. The building has been sold to a new company which has asked for twice the rent I am used to paying. Isnt there a law that protects tenants against such rent increases.
GL, Dar
Fortunately for developers and unfortunately for tenants, the Rent Restriction Act has been revoked and the landlords are at liberty to charge any amounts as rent. In your case, you cannot challenge the increase in the rent unless you have an agreement that has fixed the amount for a certain number of years, which seems to be likely. We even doubt that you have a lease agreement that will come to protect you in this manner. Your best bet is to inform the new landlord of the improvements you have done and to try and offset this amount against the new rent. Your lawyers can guide you after understanding the entire situation. No Court will protect you from rent increases as was the case before.
Non Tanzanian NGO
I am a non resident who had visited your country few years ago and was very touched after seeing the difficult living conditions of the people in one of the villages. I am a member of an International NGO that is recognized in many other countries and wish to start operations in Tanzania. Our NGO wishes to raise living standards of the people in this village I visited including assistance to the neighbouring villages. Is it possible for us to establish ourselves in Tanzania? Which Ministry should we contact?
OO, Denmark
Thank you for your interest in helping our people. In Tanzania, the whole process of NGO Registration is guided by the Non-Governmental Organizations Act 2002. NGO’s can operate as local or International NGO’s- we would recommend that you establish yourselves as a branch of the already registered international NGO. You need to have atleast two Tanzanians among the office bearers and prove to the authorities that you have an international presence. There is also a standard form to fill. The registration process is under the Ministry of Community Development, Gender and Children which is located in Dar es Salaam.