Recovery of school fee paid from proceeds of crime

Our school was visited by law enforcement officers who said they were conducting an audit of the lifestyle of the father of one of our students. The law enforcement officers told us the father of that student was convicted of theft of his employer’s money and that they suspect part of the proceeds of the stolen money was used to pay fees for his child in our school. The investigators asked for our school fee structure and were shocked with what they saw. We would like to know what might probably be the consequences of the investigation in case the law enforcement officers are able to establish that the school fee paid to the school was part of the proceeds of theft committed by the parent against his employer. Can the law enforcement agent or Court order the school to restore the money to the company from which it was stolen?
TR, Moshi

Recovery of any illicit gain from a crime is governed by the Proceeds of Crime Act [Cap.256 R.E 2019]. Where a person is convicted of theft or any other serious offence and the law enforcement agent is able to establish that the proceeds or part of the proceeds of theft or any serious offence committed was spent by the convict to procure services for himself or for the third parties and the service providers were not aware of the illicit nature of the proceeds, the convicting Court may, upon application by the Director of Public Prosecution, order the proceeds paid to the third parties for obtaining services to be recovered from lawful properties of the convict.

In assessing the value of the services derived from the proceeds of crime, the Court may look at the offender’s lawful income vis a vis his expenditure before and after the commission of the offence. Recovery of the money paid to the school is only possible if there is proof that the school knew the fee paid was derived from the proceeds of crime. Contrary to that, the recovery should be directed to the offender’s property only.

However, even where there is a proof that the school knew the illicit source of fee, the forfeiture order still cannot be granted without the school being joined in the forfeiture application as the respondent and it given the right to be heard. The forfeiture order can be made by the Court only and not the law enforcement agents.

Notarization of a lease agreement executed abroad

I am living abroad but I have a house in Tanzania which I intend to lease to a foreigner who is currently living in the same city as me here abroad. The person to whom I want to lease the house will be departing to Tanzania in few weeks to come. Can we have this lease agreement executed and notarized here before a lawyer practicing in this foreign jurisdiction? Do the laws of Tanzania recognise a lease agreement notarized by or before a lawyer practicing in a foreign state?
EM, Europe

Section 3(1)(b) of the Notaries Public and Commissioners for Oaths Act [Cap.12 R.E 2019] recognises persons allowed to practice as notary public and commissioner for oaths in England, Scotland, North Ireland or the Republic of Ireland as notary public and commissioner for oaths in Tanzania and the documents attested or notarized by them are legally recognised in Tanzania. Lawyers or notary public and commissioner for oaths in other jurisdiction are not recognised in Tanzania and the documents attested or notarized by them are not legally recognised in Tanzania. If you are in one of the countries mentioned above, you can use any person recognised as notary public and commissioner for oaths to notarize your lease agreement.

However, if you are living in a country other than those mentioned above, you can use any diplomatic or consular or foreign service officer working in the Tanzanian Embassy in the country where you are residing or where you have executed the lease agreement to notarize your lease agreement. The Notaries Public and Commissioners for Oaths Act vests diplomatic consular and foreign service officers with powers to attest and notarize documents similar to the notary public and commissioners for oaths in Tanzania. Any document attested or notarized by them has the same legal effect as if the document was attested or notarized by the commissioner for oaths and notary public in Tanzania.

Not alerted that bundle is about to expire

I bought a one month’s bundle for my mobile phone line but used only half of the airtime before it expired. The service provider did not alert me that the bundle was about to expire. When I tried to call my wife, I was surprised to be told that my bundle had already expired. Doesn’t the law impose an obligation on the service provider to alert a customer that the bundle is about to expire?
TB, Dar

Regulation 7(1) of the Tanzania Communications Regulatory Authority (Bundle Tariffs, Promotion and Special Offer) Rules, 2021 imposes an obligation on the service provider to inform its subscriber via message notification that the bundle is about to deplete when the bundle depletion reaches 75% and then at 100%. Hence there is an alert that you must receive at 75% and then when the bundle expires. You will need to check your messages to see if these alerts were sent to you.