Q&A – 21 March 2016

Zero shillings note in Tanzania

There is a jurisdiction which has a zero value. Is there such a note in Tanzania? If not, can Tanzania consider this?
FF, Asia

Tanzania has no such no value note. When we started answering this question we were not sure if one such zero value note existed in any jurisdiction. To our utmost disbelief we realized that indeed there is a zero rupees note in India.
According to the online sources, whose reliability we can cannot vouch for, a zero rupee note is a type of novel and innovative money issued in India as a means of helping to fight systemic political corruption. The notes are “paid” in protest by angry citizens to government functionaries who solicit bribes in return for services which are supposed to be free. The zero rupee note is the mascot or primary campaign tool of a non-governmental organization known as 5th Pillar which has, since their inception in 2007, distributed over 2.5 million notes as of August 2014. The notes remain in current use and thousands of notes are distributed every month.

The Zero Rupee Note (ZRN) is a simple currency-like tool designed to resemble the fifty rupee note in India, but made larger than the thousand rupee note, with an anti-bribery pledge replacing the Reserve Bank Governor’s pledge on the actual money. The front of the ZRN has “I promise to neither accept nor give bribe” printed on the front bottom center. The organization’s contact info and an anti-bribery appeal (“If anyone demands a bribe, give this note and report the case”) is also printed on the ZRN. The moment a corrupt government employee receives the note, he or she is shaken up a bit and immediately responds to the situation in a friendly and helpful manner simply to avoid getting into the bribe-radar and therefore the ZRN proves to be a simple, strong and effective “Non-violent weapon of Non-cooperation” giving voice to the “voiceless” and power to the “powerless”. According to the web source, thousands of success stories out of the 2.5 million distributed Zero Rupee Notes have been recorded.

If you are still interested in a zero shillings note, you might want to write to the authorities and likely the President himself can only make a decision on such an innovative solution to corruption.

Work permits in Tanzania

How does the work permit process work? What is the difference between a work permit and residence permit? Does one automatically follow the other? How many types of work permits are there? Is it now more difficult to get work permits?
GH, Mwanza

The Non-Citizens (Employment Regulation) Act 2014 came into effect on 15 September 2015. The Act regulates and realigns the legal regime for employment and engagement in other occupations by non-citizens. This law puts in place the Labour Commissioner to be the coordinating authority for proper issuance, cancellation and/or renewal of work permits.
There are five type of work permits Class A (Investor and Self-employed), Class B (Prescribed Profession such as Experts in Oil and Gas), Class C (other profession), Class D (religious or charitable activities) and Class E for refugees. The fees for each type of work permit differs and depends on which class you are applying for.

The Application is made to the Labour Commissioner and must be accompanied by a prescribed fee and relevant documents as specified in the law, after which you must apply for a residence permit from the immigration department. The work permit will allow to work while the residence permit from the immigration services department allows residency in Tanzania. Just because you have been issued with a work permit does not mean you qualify automatically for a residence permit. With both co existing you cannot work or live in Tanzania.

As for the difficulty, it is the intention of the government to reduce the number of expatriates employed in jobs that Tanzanians can do and hence getting a work and residence permit is not as easy as it used to be.

Joined in suit after 7 years

There was an accident at a certain place and the owners were sued. I worked there at the time and have now been joined in the suit. Is there no limitation to filing suits? My lawyer says since the case was filed on time, there is no time limitation.
EE, Moshi

Your lawyer is wrong. Section 3(3) of the Law of Limitation Act states that where, after the institution of a proceeding, a person is made a party thereto, either as a plaintiff, defendant, appellant, applicant or respondent, the proceeding, shall, as regards him, be deemed to have been instituted on the date on which he is made a party.

The plaintiff in trying to join you, whether under tort or contract, is very likely time barred and that should be your first preliminary point to raise. However you should also file a without prejudice defence just in case the judge holds the other way.

I want my diamond ring back

I had given my wife a diamond ring for our fifth anniversary. It is worth billions. We are about to get divorced because we are two very different persons. Can I claim it back? I am ready to pay whatever it cost? On a different note can I can get an injunction to stop my wife from remarrying after divorce?
DD, Dar

The Law of Marriage Act states under gifts between husband and wife that where, during the subsistence of a marriage, either spouse gives any property to the other, there shall be a rebuttable presumption that the property thereafter belongs absolutely to the donee. In this case the diamond ring belongs to your wife.

The best option is to either request her to give it back, and you should not be surprised if she refuses. Alternatively since you said you are ready to pay whatever it costs you to get it back, you can negotiate to buy it from her, and she can as well ask for a ridiculous price or refuse whatever you offer her.

Getting an injunction from a Court to stop your wife from remarrying is impossible. She is not your property.