Q&A – 23 September 2024
Plastic bag confiscated at airport
I invited a group of friends from Europe to visit me in Tanzania. Unfortunately, on arrival at Kilimanjaro International Airport, they were harassed at the checkpoint for carrying plastic bags in their luggage. My friends allowed the airport staff to confiscate their bags and later told me about this terrible experience. I think this is not good practice and may likely deter visitors from coming to Tanzania. I want to write a complaint to the Airport management so that this does not happen to other persons visiting Tanzania. Please guide me.
JK, Arusha
We are sorry to hear about this experience. We do not condone harassment of any kind and if this is what happened then you have every right to complain to the Airport management. However, on the issue of confiscating the plastic bags, kindly be informed that plastic bags are not allowed in Tanzania, as a measure to protect our environment and reduce the use of plastics in the country.
The Environmental Management (Prohibition of Plastic Carrier Bags) Regulations, 2019 (GN. 394 of 2019) were adopted specifically to impose restrictions on the use of plastic carrier bags in the Country. These Regulations have now been replaced by the Environment Management (Prohibition of Plastic Carrier Bags and Plastic Bottle Cap Seals) Regulations, 2022 (GN. No. 291 of 2022) (the Regulation), to also include restrictions on plastic bottle cap seals. According to regulation 5, all plastic carrier bags, regardless of their thickness, are prohibited from being imported, exported, manufactured, sold, stored, supplied and used in Mainland Tanzania. A plastic carrier bag is defined in the regulation as a bag made of plastic film, with or without handles, or gussets and to which its layer is in any thickness. It is permitted to use an alternative carrier bag, which according to the regulations means any bag made from organic material or woven recyclable material or non-woven material without plastic content or any such materials as the Minister may determine from time to time.
In an effort to ensure that visitors are not inconvenienced by the ban, the government has released a notice for travelers wishing to visit the country that plastic carrier bags are prohibited in Tanzania. This notice is also posted at all ports of entry. In addition, the website of embassies abroad also post this notice for visitors to be aware. Having said this, what happened to your friends is part of routine checkup carried out at ports of entry. The government has designated special desks at border posts and airports for travelers entering the country to surrender their plastic bags as part of enforcing the said regulation. Also note that Tanzania is not the only country prohibiting the use of plastic bags. Other countries have also taken similar measures to ban the use of plastic bags as part of their commitment to protect the environment under local and international environmental law frameworks. We hope this provides clarity as you move forward. Your lawyer can guide you further.
Passengers travelling without a ticket
I travelled to Dodoma in the standard gauge railway (SGR) last month. During the on board ticket examination, some passengers were found to have no tickets and others had tickets destined for areas the train had already left the station. I did not care to see what happened to them since I was very tired and needed to take a nap before I arrived at my destination. Nonetheless, I cannot help but wonder what the law says about this. Please enlighten me.
EM, Dodoma
According to section 46(1) and (2) of the Railways Act, 2017 (Act No. 10 of 2017) (the Act) it is prohibited to travel in a passenger train unless in possession of a valid ticket. Any person found on a passenger train without a valid ticket will be required to pay to the Corporation on top of actual fare to the penalty of 100% of the fare. According to section 49(1)(b) of the Act, any person who travels in a passenger train beyond the place authorised by his ticket will be required to pay to the Corporation on top of the actual fare a penalty of 100% of the fare and if on demand by an authorised officer, any person refuses to pay the fare and excess charge for which he is liable under this section, an authorised officer or police officer may, if there is reasonable ground to believe that there would be difficulty or delay in bringing that person before the Court by any other means, arrest and detain that person without a warrant and bring him, as soon as practicable, before a Court having jurisdiction to deal with him in accordance with the provisions of the Act.
When a passenger refuses to pay the extra charge it is considered an offence. According to section 88(a), (b) and (d) of the Act, any person who travels on a train without a valid ticket to avoid payment of any fare for which he is liable; or having a valid ticket for a certain distance, knowingly or unknowingly travels on a train beyond that distance to avoid payment of the fare for the additional distance; and refuses to pay the fare and excess charge which, on demand, he is liable to pay under the Act commits an offence, and will be liable on conviction to a fine of not less than TZS 100,000 but not exceeding TZS 500,000 or to imprisonment for a term of not less than 3 months but not exceeding 6 months, or to both such fine and imprisonment. It is good for you to now know this and advise fellow citizens to comply with the law.