Q&A – 26 August 2013

My son is a thief

I am a widow and have a son who is a thief. I don’t support his activities but yet I can’t turn him in either although I am fully aware of where he keeps his stolen properties. I thought I was safe until the police questioned me for hours in relation to my son’s activities and I clearly refused to give my son up. The police told me that if I don’t give him up they will also arrest me for aiding and abetting? As a mother I am doing the best for my child. Please guide me what I should do in such circumstances?
GO, Morogoro

As much as we sympathize with you, the Penal Code states that every person who does or omits to do any act for the purpose of enabling or aiding another person, commits an offence, and may be charged with actually committing it.

To elaborate this provision, you are withholding information to the police that your son is a thief; you even know where he keeps his stolen properties hence you are omitting to do what is right to prevent your son from stealing again. Due to that, you can be charged and convicted of aiding and abetting to which you will be charged and convicted of theft and be imprisoned as a thief although you didn’t actually commit theft.

The Penal Code further states that, a person who receives or assists another who is, to his/her definition of knowledge, guilty of an offence, in order to enable him to escape a punishment; is said to become an accessory after the fact to the fact offence and any such person who becomes an accessory after the fact to felony is guilty of felony, and is liable, if no other punishment is provided, to imprisonment for seven years.

From the foregoing provision, you can also be charged of an offence of accessory after the fact and that can land you in prison for seven years. With the above in mind, and in order for you to not get in trouble you self, you will have to report him. Your attorneys can guide you further.

Testimony of a child

I came home drunk and I hit my wife so bad in front of our six year old girl until she was admitted to the hospital. I regret what I did and my wife has forgiven me. We told the police that she was beaten by thieves who attacked her on her way home but the medical report says that it is impossible that such a beating came from thieves and the police are now reinvestigating the matter. I know my wife won’t testify against me, but I am worried that our daughter will be called. Is it possible for a child as young as six years to give testimony? Will it carry any value? Please advice
KM, Mwanza

Yes, a testimony of a child is acceptable in any Court of law and it carries weight depending on the age of the child and how she testifies in Court. The child witness is normally submitted to some questioning by the judge/magistrate to establish if she understands the duty to speak the truth.

If the Court is satisfied that she understands the duty to speak the truth, the Court will take her testimony and rely on it. Be reminded mostly children’s testimony carries high value because it is a general belief that children are unlikely to tell a lie. You may want to consult your attorney.

Foreign national thumbprint

I am a foreigner in Tanzania wishing to apply for a bank account. I went to a bank and was shocked to hear that they required my thumb print? Is that normal? How do we I go about this?
PI, Dar

Rule 5(1) of the Anti Monery Laundering Regulations of 2012 clearly state that a reporting person such as a bank shall obtain from, or in respect of, an individual who is a citizen of another country and is not resident in the United Republic, that person’s- (a) full names and residential address; (b) date and place of birth; (c) nationality; (d) passport; (e) visa; (f) Tax Identification Number, if such number has been issued to that person; (g) any or all of, telephone number, postal and email address; and (h) signature and thumb print.

These regulations further state
Sub rule (2) further states that in case a reporting person is aware or ought reasonably to be aware that the person referred to in sub-regulation (1) does not have the legal capacity to establish a business relationship or conclude a single transaction without the assistance of another person, the reporting person shall, in addition to obtaining the particulars referred to in sub regulation (1), obtain from the person rendering assistance- (a) full names and residential address; (b) date and place of birth; (c) nationality; (d) passport; (e) Visa; (f) Tax Identification Number, if such number has been issued to that person; (g) signature and thumb print; and (h) any or all of, telephone number, postal and email address.

From the above you can tell that the bank is required to take your finger print before opening your account.