Prosecuted for collecting rainwater

I recently read about a man in another country who  was prosecuted for collecting rainwater on his property. It shocked me because I always thought rainwater was free for everyone. Water scarcity is common in Dar es Salaam. To cope with scarcity, I have installed a system to collect rainwater for household use, though I sometimes share it with my neighbours. Now I am worried whether I could face prosecution here like that man? Is there any law in Tanzania that prohibits rainwater harvesting? Please guide me.

BL, Dar es Salaam

Your concern is understandable. In Tanzania, the situation is different from other foreign countries. There is no law that criminalises the collection of rainwater for domestic use. However, the Water Resources Management Act, Cap. 331 [R.E. 2023] governs water use and rights. According to the law, all water sources in Tanzania belong to the public, with the President acting as trustee to safeguard them for citizens’ use and welfare. The authority to grant rights to use water from any resource lies with the Minister, unless such rights are already provided under another written or customary law.

Individuals who lawfully access a watercourse may abstract and use water for domestic purposes without needing a formal Water Use Permit. However, this does not give them the right to construct any works or infrastructure on the watercourse itself.

Further, the law allows landowners or occupiers to construct shallow hand-dug wells on their property and use the water for domestic purposes without requiring a Groundwater Permit. This is subject to regulations that may limit the depth of such wells in certain areas, as prescribed by the Minister. Section 12 of the Act allows landowners or occupiers to install systems for rainwater harvesting or the recycling of used water, and to use that water for domestic purposes without needing a formal Water Use Permit. However, such rainwater harvesting works must not exceed the maximum capacity set by regulations issued by the Minister. Therefore you are free to collect rainwater in Tanzania without fear of prosecution. For clarity on this, consult your lawyer for further guidance.

Electronic signature

I signed a contract electronically using a digital platform while working with a company abroad. Later, someone told me that electronic signatures are not legally binding in Tanzania. This worries me because I want to use electronic signatures for business deals. Are electronic signatures recognised under Tanzanian law?” Enlighten me, please.

TK, Arusha

This is a very relevant question in today’s digital economy. In Tanzania, electronic signatures are legally recognised under the Electronic Transactions Act, Cap. 442 [R.E. 2023]. The law states that whenever a law requires a person’s signature, that requirement can be satisfied by a secure electronic signature. For an electronic signature to be valid, the method used must identify the person and demonstrate their intention regarding the information communicated, and it must be reliable and appropriate for the purpose at the time it was used. The law also allows parties to a contract to agree on any suitable method of electronic signature, unless another law specifies otherwise.

A secure electronic signature is defined as one that is unique for its purpose, capable of identifying the signer, created and affixed by the signer, under the signer’s control, and linked to the electronic communication in such a way that any alteration of the communication would be detectable. Finally, a secure electronic signature is properly applied if it is used by the holder of that signature and affixed with the intent to sign. Courts have upheld electronic contracts provided they meet these criteria.

Nonetheless, it is important to note that certain documents, such as wills, land transfers, and Court pleadings, may still require handwritten signatures under Tanzanian law. But for most commercial contracts, electronic signatures are valid and enforceable. So, rest assured, your electronic contract is legally binding in Tanzania, provided it meets the requirements of authenticity and integrity under the law.

Plant breeders’ rights

I am a farmer and amateur plant breeder. I developed a new variety of maize that is more resistant to drought. I heard that in some countries, breeders can get legal rights over their plant varieties. I want to know if Tanzania has such a law. Can I protect my new maize variety here? Please guide me.

FG, Morogoro

Congratulations on your innovation. Yes, Tanzania has a specific law for this. The Plant Breeders’ Rights Act, Cap. 344 [R.E. 2023] provides for the grant and protection of plant breeders’ rights. This law establishes the Plant Breeders’ Rights Office, which administers applications and grants rights to breeders. Under the Act, a breeder who develops a new plant variety can apply for exclusive rights if the variety is novel (not previously exploited commercially); distinct (clearly different from existing varieties); uniform (consistent in its characteristics); and Stable (traits remain unchanged after repeated propagation).

Once granted, plant breeders’ rights give the holder exclusive control over the production, sale, and distribution of the variety for a specified period (usually 20–25 years, depending on the crop). This means others cannot commercialise your maize variety without your authorisation. The law also balances breeders’ rights with farmers’ rights. Smallholder farmers may save and reuse seeds for personal use, but commercial exploitation requires the breeder’s consent. Therefore, if your maize variety meets the criteria, you can apply for protection under the law. This will not only safeguard your innovation but also allow you to benefit financially from licensing or selling the variety. Consult your lawyer for further guidance.