Q&A – 22 March 2021

Requirements for running game meat butcher

I am running a beef butcher. I want to switch to a game meat butcher. What am I supposed to do to change the nature of business from beef selling to game meat selling?
MM, Simiyu

Game meat selling is highly regulated in order to safeguard against poaching. The compliance requirements for operating a game meat butcher are many compared to the beef selling butcher. The law governing the operation of game meat butcher is the Wildlife Conservation (Game Meat Selling) Regulations, 2020 (GN No. 84 of 2020 as amended by GN No.630 of 2020).

In order to run a game meat butcher, the area where the butcher is intended to be located must be within an area designated by the Minister for Natural Resources and Tourism as a place authorised for establishment of game meat butchers. One cannot run a game meat butcher anywhere one wants like a beef butcher. An individual or a body corporate who desires to own and operate a game meat butcher has to apply for registration to the Director General of Tanzania Wildlife Management Authority by filling the application form prescribed in the First Schedule to the Regulations. The application form should be accompanied by an application fee amounting to TZS 250,000.

For one to be registered as a game meat butcher operator one must submit proof that they are Tanzanian. If the applicant is a body corporate, there must be  proof that at least 51% of the shares is held by a citizen or citizens of Tanzania.  The body corporate has to submit the following to the Director General: certificate of incorporation or registration issued by the Business Registration Licencing Agency; tax clearance certificate issued by TRA; TIN number; MEMARTS or partnership deed.

Apart from obtaining game meat butcher registration certificate which remains valid for 5 years, the operator should also seek and obtain a trophy dealer licence which is renewable annually for her/him to operate as a game meat butcher.

In order to effectively control poaching, the game meat butcher operator must have an EFD machine and must issue his customers with detailed EFD receipts showing the buyer’s name, address and the quantity of game meat he or she purchased. The operator should also maintain a register indicating the name of the game meat buyer and the quantity of meat bought as well as sources of the game meat sold at a particular selling time. The source of game meat can be resident hunting, tourist hunting, wildlife farms, zoos, culling, cropping and problem animal control. Remember it is a very regulated industry and in case you indulge in any related offences, the consequences can be grave.

Female Police searching a male suspect

I was put under arrest for a certain offence and taken to the police. Surprisingly, although I am a man, I was searched by a female police officer. Is this allowed under our laws?
AJ, Arusha

Unfortunately there is no express provision of the law that bars a female police from searching the body of a male suspect. Therefore a male suspect can be searched by a female police. However, section 26 of the Criminal Procedure Act [Cap. 20 R.E] bars a male police from searching a female suspect.

Squatter regularisation schemes

I live in a squatter and have been informed by our Mtaa Chairman that the Government intends to regularise our settlements and we shall be given a certificate of occupancy at the end of the regularisation project. Because in the squatter we have very small plots, I am afraid my plot may be merged with my neighbour’s plot in order to make one plot. Can you guide on the procedure for regularisation schemes?
HM, Dsm

There are two laws that govern regularisation schemes in Tanzania. These are the Land Act [Cap.113 R.E 2019] in section 56 to 60 and the Urban Planning Act, 2007. One of the purposes of regularisation scheme is to facilitate registration of occupation and use of land by those living in squatters. In order to regularise a squatter, the area must first be declared a planning area by the Minister for Lands. Secondly, the Minister must, by order publish in the Gazette and declare the squatter as an area of the scheme of regularisation. This should be preceded by an inquiry to find out if the area proposed for regularisation is fit for the scheme. The inquiry team should consult the residents of the squatter within the regularisation scheme in order to get their views, identify the cost of carrying out the scheme, time needed to undertake the scheme and the state of land tenure in the area. At the end of inquiry, the team prepares a regularisation scheme draft after consultation with the local urban authority within the area whose jurisdiction the proposed scheme is intended to be undertaken.

A copy of the draft regularisation scheme should be written in Swahili  and published in a newspaper circulating the proposed area of the regularisation scheme. Another Swahili copy may be circulated by posting it in the public buildings within the proposed scheme area with the intent to solicit views of the residents of the scheme area and get their view on the draft scheme report before submitting it to the Minister for the final decision.

Where the implementation of the draft scheme is likely to a readjustment of boundaries and areas of plots of land, the Commissioner for Lands must serve a notice on every person likely to be affected by such readjustment of boundaries and plots. The final draft of the regularisation scheme cannot be issued until the person likely to be affected by the scheme on whom the notice has been given is heard on the proposals in the draft scheme. A person who is forced to lose his plot due to merge or readjustment of plots must be compensated. If the procedure for the regularisation has not been followed and you are adversely affected by the scheme, you can challenge this project in a Court of law.