Q&A – 28 October 2019
Citizenship rights for cats and dogs
There are discussions in various other countries to give pets like cats and dogs citizenship and other rights especially considering that they have lived with humans for thousands of years. It is only fair that they be granted the same status as we do. What is the position in Tanzania?
FH, Dar
We read your question with great interest. For one we are unsure how cats and dogs would be granted citizenship. Unless you have a way of communicating with them to explain their potential citizenship and other rights, we are unsure how a citizenship in its real sense would be beneficial to pets.
Whilst there are a few laws in Tanzania to protect animals, we are not aware of any efforts to consider such citizenships for pets. There are many more pressing issues for the present administration to focus on and this is certainly not a priority area for now.
Having said the above, in our online research we came across suggestions for the enactment of specific laws to forbid animal abuse and regulating industrial slaughterhouses including animal mistreatment. There are also some countries in Europe, Spain being one of them, where cats and dogs in a particular town have been granted similar rights to citizens where all residents born are equal and have the same right to exist. One of the relevant articles to protect the cats and dogs reads that ‘No non-human resident should be exploited for the pleasure or recreation of man and the abandonment of a non-human resident is a cruel and degrading act.’
Fake title, unsecured loan
We had a long relationship with a client in our bank to whom we gave a loan before his title deed was perfected by the Registrar of Titles. The borrower has now disappeared and our lawyers inform us that they are unable to perfect the security since the title is fake. What options do we have?
TY, Dar
It is a banking 101 principle that you should not give out a loan without perfection, even to your top clients. Considering the facts, you are an unsecured creditor and apart from instituting a criminal complaint, you will have to sue the individual for recovery and attach his or her personal assets, if any.
It is likely the person also used a fake name and you may never find this person. Our experience reveals that such loans are always given in collusion with your officers and you may want to investigate further to conduct an internal investigation. Overall your chances of recovery look very bleak unless there are other securities you can rely upon.
At the least, we would have expected you to have taken the original title to the registrar of titles at the Ministry of Lands for verification before disbursing. It seems you did not even do that. Your paneled lawyers can guide you further.
Recovery of girlfriend gifts
I met this beautiful girl and we started going out for some time. Having proposed to her and upon her agreeing to marriage, I gave her several gifts including one of my cars to ensure she is comfortable. I was shocked to find out recently that she has another man whom she has a serious relationship with and who has already paid a bride price. She is now refusing to give me back the gifts including the car. What should I do?
JR, Mwanza
The Law of Marriage Act addresses this. Gifts given in contemplation of marriage are recoverable under the law if the intended marriage never happens. Section 71 of the this Act allows a suit to be brought for the return of any gift made in contemplation of a marriage which has not been contracted, where the Court is satisfied that it was made with the intention on the part of the giver that it should be conditional on the marriage being contracted, but not otherwise. There is a good chance she will fight back but your lawyers can guide you, based on other facts, on what your chances of success are.
Affidavit contains lies
A party to certain proceedings has lied in their affidavit that was filed in Court. It seems like sworn statements are not taken seriously here. What are the consequences of giving such false statements under oath? In other countries one would be sent to jail.
ES, Dar
The Penal Code has specific provisions for offences relating to the administration of justice. Section 102 of the Code states that any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding or intended to be raised in that proceeding, is guilty of the misdemeanour termed “perjury”. It is immaterial whether the testimony is given on oath or otherwise. The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assents to the forms and ceremonies actually used.
Further it is immaterial whether the false testimony is given orally or in writing. It is immaterial whether the Court or tribunal is properly constituted, or is held in the proper place, or not if it actually acts a Court or tribunal in the proceeding in which the testimony is given. It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceedings or not.
Moreover, any person who aids, abets, counsels, procures, or suborns another person to commit perjury is guilty of the misdemeanour termed “subornation of perjury.”
Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.
We agree with you that affidavits in Tanzania, unlike other jurisdictions, are taken a little too lightly in that persons affirming or swearing the affidavits do not realise the strict provisions of the law. We have not come across any recent cases where a party to proceedings has been charged under the above provisions. The law is in place against lying in Court, or in affidavits, but it is not strictly being enforced and/or pursued.
