Fined for jogging

I recently joined a fitness group for an early morning jog. The trainer shouted, ‘run like the police are chasing you!’ I took it too seriously and actually outran everyone. Unfortunately, on the way, real traffic police stopped me and asked why I was running so fast. I panicked and told them, ‘The police are chasing me!’ They arrested me, but later I explained what had happened. They still made me pay a fine for disturbance. Was the fine justified?

TT, Dar

What you stated sounds like a scene from a comedy series. Fortunately for you, Tanzanian law has not yet defined the offence of jogging. The police may have been confused and in our opinion they cannot charge you simply because your trainer uses motivational metaphors. We have no details on why you were fined, so it is best to check the police records to find out the reason for the fine. Outrunning imaginary police is good practice, but next time, tell your trainer that instead of running as if the police are chasing you, perhaps run as if your landlord is coming after you for rent arrears! We are informed jogging is good for health so hopefully you will continue exercising.

Debt announced in newspaper

Years ago, I was a news editor at a media house. Like many, I took an interest-free loan to buy a car and later left with part of the loan unpaid. Suddenly, the company published my name and photo in its national newspaper with the headline ‘Wanatafutwa’ (Wanted), as if I were a fugitive. They printed another notice calling me a ‘delinquent debtor’ and warning of legal action if I did not appear. This was humiliating; people in my profession saw it. I owed money, but I was not hiding, and my new employer could be contacted. They knew I worked elsewhere. I believe this is defamation, but I am unsure. What does the law say about defamation in my case?

GH, Dar es Salaam

We are not certain about all the facts you stated. However, if what you stated is the truth, then what happened to you may meet the legal definition of defamation. In Tanzanian law, the Media Services Act, 2016, defines a statement as defamatory if it exposes a person to hatred, ridicule or contempt, or lowers them in the estimation of right-thinking members of society. However, one can rely on the defence of truth under section 37(a) of the Media Services Act, to avoid liability for defamation.

Your case involved publishing your photo with the label ‘Wanted,’ which suggested to any fair reader that you were a criminal fugitive. Additionally, describing you as a “delinquent debtor” painted you as dishonest and untrustworthy. Several Court of Appeal decisions have confirmed that statements published in media outlets meeting the criteria set out in the Media Services Act are considered defamatory. Importantly, the Court has clarified that the truth of the statement is irrelevant; what matters is the effect of the words on your reputation. At this stage, whether the debt is true or not is not crucial. The key test is the impact the statement has on your reputation. Consequently, the defence of truth or justification cannot be relied upon.

Under section 37(a) of the Media Services Act, truth alone is insufficient; it must also be demonstrated that the publication served a public benefit. In your case, while it is true that you owed the loan, two issues negate the justification: (i) the claim that you were ‘untraceable’ was false, and (ii) publishing your photo to shame you into repayment served the private interests of the company rather than the public benefit. The Court explained that public benefit refers to actions that protect society, such as warning about a dangerous fraudster, not private debt collection. To be certain whether you have a good case, consult a lawyer for further guidance.

Failure to file notice of advocate change

I filed a notice of appeal at the Court of Appeal because I was dissatisfied with a High Court decision. Initially, I had engaged an advocate, but later I wanted to change my advocate. Unfortunately, my new lawyer did not file a formal notice of change of advocate. Instead, he started writing letters, requesting appeal documents and acting as if he was already my advocate. The other side is now arguing that my appeal is incompetent because I never filed a notice of change of advocate, and that the notice of appeal I filed does not itself amount to instituting an appeal. I am very worried. Does this mean my appeal automatically fails just because of this technicality?

OP, Mwanza

Under Rules 24 and 32(1) of the Court of Appeal Rules, 2009, as amended, a party changing their advocate must file a notice to inform the Court and the other party. However, the Court has emphasised that failing to file this notice is not automatically fatal. Its primary purpose is to indicate where service should be directed. Unless the omission causes prejudice to the other party, such as misdirecting service or causing confusion, our opinion is that the appeal cannot fail solely on this ground. Your appeal will not be struck out simply because your new advocate did not file a notice of change of advocate, (unless the other party can demonstrate real prejudice which we don’t see).

You mentioned that you have only filed a notice of appeal, however, this action is merely the initial step. Remember, an appeal is considered instituted once the records and memorandum of appeal are filed. Therefore, you must strictly adhere to the requirement of filing the record of appeal and the memorandum of appeal within 60 days of lodging the notice of appeal or requesting a certificate of delay if additional time is needed. Missing this step will cause the appeal to collapse, as legally, it would not have come into existence. We believe your lawyer can provide you with further guidance on the next steps.