Q&A – 28 September 2015
Bank records for anti-money laundering
How long does a bank have to store records in case there is a money laundering allegation against any of its customers?
RE, Dar
The Anti Money Laundering Regulations state in regulation 30 that a bank, which is a reporting person under the Anti Money Laundering Act, must maintain records for ten years.
These include records of all large transactions, and the records must contain at least name, address and occupation or activity of the person or entity, nature and date of transaction, type and amount of currency amongst others that are stated in section 16 of the Anti Money Launder Act.
Trafficking in women
There is a group of men in Tanzania who are involved in the trafficking of poor women from Asia, who are promised jobs here, but end up being forced into prostitution. Is this allowed? How can immigration be issuing work permits to such persons?
TE
The Anti Trafficking in Person Act has a special section devoted to this offence which is termed severe trafficking in persons.
Section 6 states that severe trafficking in persons shall be considered to exist if the adoption is effected for the purpose of prostitution, pornography, sexual exploitation, forced labour and slavery, involuntary servitude or debt bondage.
If convicted of severe trafficking, the person can be fined up to 150 million shillings or imprisonment of up to 20 years, or both. If you have such information you are advised to report this to the police.
Court of appeal rules
To what extent is the Court of Appeal bound by its own rules? What happens when the rules do not address something pertinent to a
case before the Court of Appeal? I am stuck in a procedural issue and want to know if I have a way out.
BB, Dar
Rule 4 of the Court of Appeal Rules, what we call an umbrella rule that allows the Court of Appeal to depart from its rules states that (1) The practice and procedure of the Court in connection with appeals, intended appeals and revisions from the High Court, and the practice and procedure of the Court in relation to review and reference; and the practice and procedure of the High Court and tribunals in connection with appeals to the Court shall be as prescribed in these Rules or any other written law, but the Court may at any time, direct a departure from these Rules in any case in which this is required in the interests of justice.
(2) Where it is necessary to make an order for the purposes of- (a) dealing with any matter for which no provision is made by these Rules or any other written law; (b) better meeting the ends of justice; or (c) preventing an abuse of the process of the Court, the Court may, on application or on its own motion, give directions as to the procedure to be adopted or make any other order which it considers necessary.
There have to be solid grounds for such a departure and you should be prepared to convince the justices that a departure is necessary. There is some case law on this which your advocates can advise you on.
Banning of food exports
Can the President ban exports of any food items to nearby countries? Is this not unfair on businesses that were transacting with such countries?
UI, Mwanza
You will appreciate that any leader must first look at the interest of his or her own country. Banning of exports of food items including maize, flour and the like has been executed on several occasions to ensure the food security of the people of Tanzania.
To support the above, the Emergency Powers Act gives the President, or a
person he delegates such authority to, if in the opinion of the President it is necessary for the public advantage to control production, exportation, importation or supply of any commodity, water or electricity in any emergency area. (2) Any order made under subsection (1) shall prescribe modalities and forms to be used for purposes of restricting trade and supply of commodities, water or electricity.
This Act is a special law that allows the President to use certain powers for the purpose of ensuring public safety and maintenance of public order during emergencies and for connected matters. Emergency is defined in this Act and includes war, invasion, insurrection real or apprehended or a breakdown of public order, which in the opinion of the President is a threat to the security of the United Republic, or a riot or other disaster or a natural calamity -within the United Republic whether caused by natural causes or otherwise, which could achieve such a serious nature as to be of national concern.
Execution against the Government
If I have won a case against the Government at the High Court, and the matter is not appealed, can I proceed execute against the Government properties or other assets?
YU, Dar
The answer is no in that you cannot execute against Government property. The Government Proceedings Act only provides for such sums to be paid from the government treasury by addressing a demand to the Permanent Secretary at the Treasury.
This Act states that no execution, attachment or similar process shall be issued out of any Court for enforcing payment by the Government of any money or costs referred to in this section and no person shall be individually liable under any order for payment by the Government or any Government department or any officer of the Government as such of the money or costs.