Definition of a Woman – Scotland v Tanzania

I read that Scotland recently ruled that the legal definition of a woman refers to biological sex. This ruling has implications for individual rights, which may affect women and people identifying as women in Scotland. Out of curiosity, I wanted to know whether Tanzania has a similar law defining a woman. Also, does the law distinguish between gender and biological identity?
BN, Arusha

We are pleased with your interest in law. Yes, it is true that the UK Supreme Court ruled in April 2025 that the legal definition of a woman under the Equality Act 2010 refers to biological sex, meaning transgender women with gender recognition certificates are not legally considered women. The ruling stemmed from a challenge by the campaign group For Women Scotland, which argued that sex-based protections should apply only to biological females. The decision has implications for single-sex spaces, employment rights, and public sector representation.In Tanzania, there is no specific law that defines ‘woman’ in the same manner as Scotland’s ruling. However, various Tanzanian laws recognise gender distinctions in specific contexts. For example, the Law of Marriage Act, Cap. 29 [R.E 2019] acknowledges gender-based rights in marriage, while the Land Act, Cap. 113 [R.E 2019] and the Village Land Act, Cap. [114 R.E 2019] establishes women’s rights to land ownership and inheritance. Additionally, Articles 12 and 13 of the Constitution of Tanzania, 1977 guarantee equality of all human beings and equality before the law, ensuring that women and men have equal legal protections.

Therefore, unlike Scotland, Tanzania does not have a legal framework explicitly distinguishing biological sex (male or female) from gender identity (man or woman) in legal definitions. However, gender-related legal matters are often interpreted based on customary law, statutory provisions, and judicial precedents. There has not been a case where gender and biological identities have come under scrutiny. However, if a legal dispute arises regarding gender definitions, Courts may rely on existing laws and constitutional principles to determine the appropriate interpretation. The Scotland case may also provide guidance to Tanzanian courts since decisions of Courts in other Commonwealth jurisdictions are persuasive to Tanzanian Courts. Your lawyer can provide you with further clarification.

Beneficial ownership in Tanzania

I am setting up a company in Tanzania and heard about the Companies (Beneficial Ownership) Regulations of 2023. What does beneficial ownership mean, and how does it affect my business in Tanzania?
VH, Comoros

Beneficial ownership is a concept that refers to the actual owners of a company who ultimately control it, even if their names are not listed in official registration documents. The Companies Act Cap. 212 [R.E 2019] governs matters related to companies registered in Mainland Tanzania. The Companies (Beneficial Ownership) Regulations, 2023 (G.N. 714 of 2023), made under section 22 of the Companies Act, provide for specific aspects regarding beneficial ownership. The Regulations require natural persons, whether shareholders, directors, or company secretaries, to disclose beneficial owners to enhance corporate governance and transparency.

Key provisions of the Regulations and how they affect your business: Definition of Beneficial Owner – According to Regulation 2, a beneficial owner is defined in the Anti-Money Laundering Act, Cap. 423 [R.E 2022] as any natural person who ultimately owns or controls the customer, the natural person on whose behalf a transaction or activity is being conducted, a person who exercises ultimate effective control over a legal person or legal arrangement or a beneficiary of an insurance policy or other investment-linked insurance policy. Disclosure Requirements-Under Regulation 4, directors or company secretaries must submit beneficial ownership details to the Registrar of Companies. Penalties for Non-Compliance – Under Regulation 11, any person be shareholder, director or company secretary that fail to keep register of beneficial owners, and fails to submit the same to the registrar for registration shall have committed an offence and shall, on conviction, pay a fine of not less than TZS 1M and not exceeding TZS 5M.

These regulations generally aim to prevent financial crimes such as money laundering and ensure accountability in corporate governance. If you are setting up a company in Tanzania, it is advisable to consult a legal expert to ensure compliance with disclosure requirements and avoid penalties. Your lawyer can guide you further.

Child support obligations in Tanzania

I am a father of two children, aged 6 and 10. I was recently divorced, and my ex-wife has full custody of the kids. However, I am financially struggling and unable to pay the child support as ordered by the Court after losing my job due to changes brought about by the Trump administration, which are affecting a project in Tanzania. My ex-wife is threatening me with legal action. I have tried to negotiate with her, but we cannot reach an agreement. What does Tanzanian law say about my situation?
JL, Kigoma

Under the Law of the Child Act, Cap. 13 [R.E 2019], a parent is legally obligated to provide financial support for their children, regardless of marital status. The Law of the Child Act requires that a parent must ensure the welfare of their child, including education, healthcare, and general well-being. If you are unable to meet your child support obligations due to financial hardship, you may apply to the Court for a modification of child support payments, providing evidence of your financial situation. According to section 49, a Court may vary or discharge maintenance orders, and in doing so, the Court will assess whether the change is justified while still prioritising the best interests of the children. However, failure to pay child support without seeking modification can result in legal consequences, including enforcement actions such as salary deductions or, in your case, property seizures amongst others.

Further, if a parent deliberately avoids payment, the Court may impose penalties or even restrict certain rights until the maintenance obligation is fulfilled. It is advisable to consult your lawyer to explore options for adjusting payments while ensuring the children’s needs are met.