Q&A – 27 January 2025

Wife refusing to buy food

My wife and I have been married for 2 years now. Our marriage was perfect until recently when I lost my job after the company I worked for shut down operations in Tanzania. I have been searching for another job for six months now while maintaining her with my savings. However, this may become impossible in the coming months because my savings are running out. My wife, who is employed, does not want to help me even buy food, and she has threatened to leave me if I do not get a job soon. This is unfair. What does the law say when a man finds himself in this situation? Please guide me.
LM, Lindi

We are sorry to hear about your situation and hope you canovercome it soon. Section 63 of the Law of Marriage Act, Cap.29 [R.E 2019] (the Law of Marriage) provides that it is the husband’s duty to maintain and provide accommodation, clothing and food to the wife or wives. However, this duty may also lie on the wife, who has the means to do so if her husband is incapacitated, wholly or partially, from earning a livelihood because of mental or physical injury or ill health. This doesn’t apply in your case. Moreover, since you are not suffering from physical or mental illness, you still have the duty to maintain your wife and cannot shift this obligation to her.

Quite unfortunately, in this regard, your wife is legally entitled to refuse to buy food, although you may not see this as fair on your part. Having said that, this still isn’t a reasonable ground for leaving you. Some people believe this provision of the Law of Marriage is harsh on men, but it is the law of the land which citizens must respect and abide by. We suggest you find a way to discuss this further with your wife. You might also want to lobby to get the law changed!

Lastly you might want to get a marriage counsellor or family member to assist intervene. Lawyers can come in later as they can also complicate maters!

Cosmetic surgery affecting Identity

I want to undergo intensive beauty treatment, including cosmetic procedures on the face, to enhance my beauty. My husband has discouraged me from doing this out of fear that these alterations may change my face and affect my identity. I know this is a silly question, but I really want to know whether Tanzania law restricts people from altering their appearance. Please guide us.
JK, Mwanza

We are more than happy to answer even silly questions since one may find themselves in trouble with the law for the simplest things. We also understand your husband’s concern about your identity. We have reviewed laws, regulations, and guidelines on public health and found that there is no law in Tanzania that restricts beauty-enhancing surgeries.

Government and privately owned hospitals in Tanzania offer these kinds of services since they are licensed to do so. Medical practitioners in this area also have medical guidelines and codes of conduct on the extent of cosmetic procedures they can perform on a person. We believe you will undergo cosmetic surgery out of the desire to enhance your beauty, as you said, and not to avoid the law. Our wish is that everything goes well. Should these alterations change your appearance to the extent that you are unrecognizable, then this may give you a problem. We advise you to consult medical practitioners or your lawyer for further guidance.

Landlord visits at lunchtime

I am a specialist working in the technology sector. My work permits me to work from home, so I spend most of my day at home. I live in a one-bedroom, self-contained house within the same compound as my landlord. The landlord frequently visits me unannounced during lunch to discuss my rent or something concerning the house. Since I usually have lunch then, I often invite him to join me. This has never been an issue until now when he comes accompanied by his wife and sometimes his sons. It has become a habit, and the number of people keeps increasing. I don’t want to relocate, but these unannounced lunch visits have become problematic. Please guide me on what to do to end this.
FJ, Dar es Salaam

Your kind gesture touches us. While you have been considerate with your landlord and invited him for lunch, the law does not oblige you to do so. The Land Act, Cap. 113 [R.E 2019] (the Land Act), which governs aspects concerning leases, provides under section 88(1)(a) that in every lease there are covenants by the lessor (landlord) with the lessee (tenant) binding the lessor that so long as the lessee pays the rent, observes and performs the covenants and conditions contained or implied in the lease and on his part to be observed and performed, the lessee shall peaceably and quietly possess and enjoy the land leased during the term of the lease without any lawful interruption from or by the lessor or any person rightfully claiming through him.

This section means the landlord is not supposed to disturb the tenant renting their land or house where the tenant pays their rent and observes their contract. If that is your case, then your landlord is in breach of the lease contract and the Land Act. Unless you are withholding information about being a problematic tenant which is not uncommon, the landlord is prohibited by law from disturbing you with his unannounced visits. You can talk to your landlord about this behaviour and how it interferes with your right to peaceful and quiet enjoyment of the rented premises. If you keep on serving him lunch, you might not be sending the right signal. Your lawyer can guide you further.