Q&A – 22 October 2018
Flying drones in my airspace
I own a few drones and only fly them within my farm and its airspace. Since this is my own space, do I require permission?
UT, Mtwara
To fly a remotely piloted aircraft or drone anywhere in Tanzania, whether it is ‘your so called airspace’ or not, requires approval/authorization from both the Tanzania Civil Aviation Authority and the Ministry of Defence and National Service. Both these are mandatory.
And just so that you know, in as far as flying objects are concerned this is Tanzanian airspace and not your airspace as you seem to think. You must note that this approval/authorization is required not only to fly the drones but also procuring it.
For the safety of our airspace and our people, this approval requirement was introduced. Such approval/authorization requirements are not uncommon in other countries either.
Lastly, trying to fly a drone without such approval/authorization can amount to a criminal offence as you might be jeopardizing the safety of our airspace and we recommend you tread with caution.
Mistake in drafting of law
I am reading law at the UDSM and have noted a few of our laws, especially after amendment, have numbering mistakes. Does that make the amendment redundant? I have also noted that the marginal notes are not in line with the section that you actually read. What prevails, the marginal note or the wording of the section?
MM, Dar
The amendment doesn’t become redundant by virtue of a number mistake. If your issue is on how to cite it, then you can cite the Government Notice that actually changed the Principal Act and its section to make sure there is no confusion. On the marginal notes, these notes are not part of the written law and are meant as guidance only and if they cause confusion, they can be ignored.
Section 26 of the Interpretation of Laws Act addresses the above and states the following: (1) The headings of the Parts, divisions and subdivisions into which a written law is divided form part of the written law. (2) A marginal note or footnote to a written law and, notwithstanding subsection (1), a heading to a section, regulation, rule, by- law, or clause of a written law shall be taken not to be part of the written law. (3) Where there is any clerical or printing error in any Bill or Act published in the Gazette, the Chief Parliamentary Draftsman or any member of the Attorney-General’s Chambers authorised in writing in that behalf by the Chief Parliamentary Draftsman, may, by order published in the Gazette, give directions as to the rectification of such error and every such direction shall be read as one with the Bill or Act to which it relates and such Bill or Act shall, with effect from the date of its first publication, take effect as so rectified.
Insulting and abusive language
My boss uses very abusive language on me. It is his style and everyone in the office is witness to this. Is such language not an offence under any of our laws in Tanzania?
KS, Dar
Section 89 of our Penal Code states that (1) Any person who- (a) uses obscene, abusive or insulting language to any other person, in such a manner as is likely to cause a breach of the peace; or (b) brawls or in any other manner creates, a disturbance in such a manner as is likely to cause a breach of the peace, is guilty of a misdemeanour and on conviction therefore is liable to imprisonment for six months.
From the above, you will note that such abusive language which can lead to a breach of peace is a criminal offence. The law does not provide for an option of a fine and once convicted, no matter what position he holds, he may end in jail for six months.
Two judgments conclude similar case differently
There were two cases of different parties going on in two different Courts at the High Court. The issues were more or less similar. One Court ruled exactly opposite of the other. How can the Courts do such a serious blunder? I have reported this to the Chief Justice. Please guide further.
YU, Dar
We are sorry for your disappointment but it is not uncommon for such an occurrence in many Court systems around the World, Tanzania being one of them. That is the reason there is normally one Appellate Court in the country and the parties can appeal to this Court where one judgment will ultimately be issued.
There is a principle of stare decisis by which judges are obliged to respect the precedent established by prior decisions. Generally speaking, higher Courts do not have direct oversight over the lower Court of record, in that they normally do not reach out on their own initiative at any time to overrule judgments of the lower Courts. Normally, the burden rests with litigants to appeal rulings (including those in clear violation of established case law) to the higher Courts. If a judge acts against precedent and the case is not appealed, the decision will likely stand.
A lower Court may not rule against a binding precedent, even if it feels that it is unjust; it may only express the hope that a higher Court or the legislature will reform the rule in question. If the Court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases. If that judgment goes to appeal, the appellate Court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority.
Reporting this to the Chief Justice might not help as that is an administrative action you have taken. The matter must be appealed. Your lawyers can guide you further.