Q&A – 28 December 2020

/in /by
Teacher misguiding student

My wife with whom I am separated, intentionally teaches our child wrong stuff, trying to prove her point. For example in math, the mum would give all wrong answers to the child. She recently told the child that she has the switch to turn on the sun in the morning and switch it off at night, and now he believes this. She also told the child that she can “bring out” anything you see on television and ever since, my child has been using a pencil on the tv set to try bring the character out. The school teachers have disallowed my wife to go into class as last time she was there she said that fish can swim in the air as well as in the water. When my son was injured she decided not to take him to the hospital as she said she was trying to improve the child’s immune system. I really don’t know what to do with her. Please guide.
YT, Dar

We are unsure why you say that this is intentional but if it is, the under the Law of Child Act is clear in that it is the duty of the parent to maintain the child in particular to give the child the right to food, shelter, clothing, medical care, education and guidance, liberty, right to play and leisure. This law is also clear that a person shall not deprive the child of any other thing required for his development.

As for not providing adequate and appropriate medical care, the Law of Child Act states that a person shall not deny a child medical care by reason of religious or other beliefs. Your wife is in breach of this law and you can proceed report her. If convicted she can be sentenced to six months imprisonment or a fine or both.

On a different note, you might want to consider getting her medical help as the behavior is quite abnormal. What you might be thinking is intentional might actually be a medical condition that you and her are unaware of.

Imprisonment of a company

I have read various laws of Tanzania and am thoroughly confused when the law mentions that the body corporate i.e. the company is guilty it shall be sentenced to imprisonment or fined or both. Now how can a company be sent to prison? Do you arrest the poor managers, directors or shareholders? Is that not unfair for sins of a company?
GO, Moshi

It is true that you cannot sentence a corporate body as it is not a human being. However some of the laws actually provide that the directors or the managers will be sentenced to jail. In that case it is the directors and managers who are responsible for the acts of the company. However where the law does not specifically state so, you are right that one cannot imprison the company.

To salvage such a situation, the Interpretation of Laws Act provides a fine mechanism in lieu of imprisonment and states in section 71 that (1) Every enactment relating to an offence punishable on conviction or on summary conviction shall be taken to refer to bodies corporate as well as to individuals. (2) Where under a written law, a forfeiture or penalty is payable to a party aggrieved, it shall be payable to a body corporate in every case where that body is the party aggrieved. (3) Except where otherwise expressly provided, where the penalty prescribed in a written law in respect of an offence does not consist of or include a fine, the court before which the offence is tried may, in the case of a body corporate, impose a fine (a) where a term of imprisonment not exceeding six months is prescribed, a fine of two million shillings; (b) where a term of imprisonment exceeding six months but not exceeding one year is prescribed, a fine of three million shillings; (c) where a term of imprisonment exceeding one year but not exceeding two years is prescribed, a fine of five million shillings; (d) where a term of imprisonment exceeding three years is prescribed, a fine of ten million shillings.

You can see that instead of the corporate being imprisoned it is fined.

Unmarried with children

Is it illegal to have children if you are not married? Do you have to be married to have a sexual relationship? How many kinds of marriages are there? How long are marriages supposed to last?
GI, Mtwara

Before we answer your questions you must understand what marriage is. Luckily it is defined in the Law of Marriage Act of Tanzania. Section 9 defines it as (1) Marriage means the voluntary union of a man and a woman, intended to last for their joint lives. (2) A monogamous marriage is a union between one man and one woman to the exclusion of all others. (3) A polygamous marriage is a union in which the husband may, during the subsistence of the marriage, be married to or marry another woman or women.

Coming to your questions, you have raised some very interesting points and the answers to both is no. You don’t need to be married to have children although for certain rights like custody, child support, you would be in a better position if you were married.

Also to have a sexual relationship you need not be married so long as you are of legal age. Sexuality as addressed by you is not regulated under our laws, although we are told there are a few laws of other countries that regulate it but which are not applicable here.

Our law also recognises two main forms of marriage that is to say (a) those that are monogamous or are intended to be monogamous; and (b) those that are polygamous or are potentially polygamous. (2) A marriage contracted in Tanzania whether contracted before or after the commencement of this Act, shall- (a) if contracted in Islamic form or according to rites recognised by customary law in Tanzania, be presumed, unless the contrary is proved, to be polygamous or potentially polygamous; and (b) in any other case, be presumed to be monogamous, unless the contrary is proved.

Further, a marriage contracted in Tanzania may be converted (a) from monogamous to potentially polygamous; or (b) if the husband has one wife only, from potentially polygamous to monogamous, by a declaration made by the husband and the wife, that they each, of their own free will, agree to the conversion.

Notwithstanding the above, no marriage between two Christians which was celebrated in a church in Christian form may, for so long as both the parties continue to profess the Christian faith, be converted from monogamous to polygamous and the provisions of this section shall not apply to any such marriage, notwithstanding that the marriage was preceded or succeeded by a ceremony of marriage between the same parties in civil form or any other form.

A marriage shall subsist until terminated (a) by the death of either party thereto; (b) by a decree declaring that the death of either party thereto is presumed; (c) by a decree of annulment; (d) by a decree of divorce; or (e) by an extra-judicial divorce. These are the only ways a marriage comes to an end. Hence any thoughts you might have of a short term marriage that automatically expire like a contract are not legal in Tanzania although we know other countries allow such relationships.