Q&A – 30 January 2017

I want my kidney back

I gave my wife one of my kidneys after she had kidney failure. This gave her a new life and she is still alive and healthy. After having lived with her for nearly two decades I am now divorcing her because of the way she is behaving with me. My kidney was given to her under a contract and I expected her to be married to me. As part of my divorce I want my kidney back. I am willing for her to get time to look for another donor but I want my kidney. How can I go about recovering it from her?
II, Dar

We have not seen this contract that you are talking about. Much as we sympathize with you, we sympathize more with your wife. If you are allowed to take back your kidney, there are high chances she will die. And the law will not allow such a death, notwithstanding what your so called contract says. Based on your contract, if your wife does find another donor and it will not affect her, which we doubt, then perhaps your contract can be implemented, but we also doubt that.

Furthermore, section 61 of the Law of Marriage Act states that where, during the subsistence of a marriage, either spouse gives any property to the other, there shall be a rebuttable presumption that the property thereafter belongs absolutely to the donee. In this instance, our cursory belief is that the kidney is a property that has been gifted by you to your wife and hence you are not entitled to claim it back.

This applies to any property gifted by a spouse to the other. Lastly we suggest you reconsider your decision of claiming your former kidney back- chances are you will not succeed.

A year and day rule

Is it true that there is a rule in criminal law that if someone you attack dies after one year, you cannot be charged?
IP, Moshi

Our Penal Code states that if a person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death. Such period is reckoned inclusive of the day on which the last unlawful act contributing to the cause of death was done. Hence you cannot be charged for murder but can still be charged for other offences.

Playboy magazine in Tanzania

I am a foreigner and have my friends in my home country send me playboy magazine which I like reading. Is this legal?
WU, Dar

The Penal Code states in section 175 that any person who (a) for the purpose of or by way of trade or for the purpose of distribution or public exhibition, makes, produces or has in his possession any one or more obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photo- graphs, cinematograph -films or any other objects or any other object tending to corrupt morals; or advertises or makes known how, or from whom, any such matters or things can be procured either directly or indirectly is guilty of a misdemeanour, and is liable, to imprisonment for two years or to a fine of two thousand shillings. Surely the Playboy magazine which is pornographic material falls under obscenity and hence you can be imprisoned if found in possession of it. Your lawyers can guide you more.

Fat man, small seat

I took a flight out of Dar to an overseas destination and was made to sit next to a man who was extremely fat. He was easily over 160 kgs. I am not sure how he managed to actually sit in economy class. When he slept he snored and his hands would touch mine. Is there no weight restriction for economy class. I must confess that it was a really bad experience for me. Whilst I feel sorry for the fat passenger, I think the airline should have a fat man’s cabin somewhere. After the plane ride, whenever I see even a thin air hostess, she looks fat to me! What can I do?
YE, Dar

You have not disclosed us what airline this was but generally speaking there is no rule that requires a fat person to buy two tickets or upgrade to business class. However quite a few airlines now require such passengers, in the interest of safety and comfort of the passenger and others, to buy two tickets and if the plane is not full, the second ticket is reimbursed. In fact some airlines have stricter policies in that you would not be able to board if you have an economy class ticket but the size of the seat does not fit you.

In view of the above, and since you had a contract of carriage with the airline, we suggest you ask for a refund from the airline due to the discomfort you suffered. Likely the airline will give you a free ticket. Your lawyer can guide you further.

Body search by TRA officers

In a certain raid that TRA officers conducted on our office premises, a male TRA officer actually put his hands into my skirt pocket saying I was hiding a backup drive of my computer. The officer actually also tried to physically search me. Can they do that?
OI, Dar

This is a very serious allegation against the TRA which itself has a service charter that all its officers must follow. One of the obligations clearly stated in the charter is that TRA officers have an obligation to show respect when they are performing their duties of assessing and auditing taxpayers’ records. They are also supposed to show respect and dignity when performing their duties. We suggest you write to the Commissioner General about this serious issue and also contact your lawyers to consider suing the individual officer who searched you as at the time of conducting this illegal search he was not acting in his official duty.