Wife withholds consent for matrimonial mortgage

My wife has refused to give consent for the registration of a mortgage over our matrimonial property. I urgently need to pay our children’s school fees, but she does not understand the necessity of this arrangement and keeps saying in Swahili jargon, “Wanaume wameumbiwa mateso.” (men are born to suffer). What should I do?

JD, Mtwara

We are sorry to hear about this. Under Tanzanian law, you cannot legally register a mortgage over matrimonial properties without spousal consent, because both spouses have interests in the matrimonial properties. Since your wife is withholding her consent for the mortgage, unfortunately the mortgage cannot proceed. Perhaps you should explain politely that the mortgage is only temporary, but it seems like her fear stems from the fact that if you default, the house may be auctioned. You should also consider other forms of security including a third party mortgage. You might want to discuss this with your banker and understand other forms of security that you can pledge. Best of luck.

CCTV cameras registration in Tanzania

My neighbour told me that every owner of a CCTV camera in Tanzania must register with the Personal Data Protection Commission. Is this true, and what are the rules for using CCTV? How long does the registration take and what are the application fees?
FK, Dar es Salaam

Yes, your neighbour is correct to a certain extent. However, the registration requirement does not fall on individual homeowners, rather it only applies to institutions that collect or process personal data, including through CCTV cameras.

Under the Tanzania Personal Data Protection Act, images and videos that identify a person are considered personal data. CCTV cameras that capture such information fall under the ambit of personal data and therefore, institutions that collect or process personal data through CCTV cameras are obliged to register with the Personal Data Protection Commission (the Commission) by 8 April 2026. This requirement applies to public and private institutions and not individual homeowners. For residential CCTV cameras, it is important to note that cameras must be confined to the owner’s property, for capturing footage beyond your property, including public spaces, is illegal and may result in liability.

Additionally, the Commission emphasizes that it is important to clearly indicate CCTV use through visible signage showing that the area is under surveillance and that personal data is being collected. This helps to protect privacy and ensures compliance with the law. We are informed that the Commission will continue providing guidance on proper CCTV usage to help institutions and individuals avoid violations.

Mining CSR regulations invalidated

Our company operates in the Southern part of Tanzania in the mining sector. We recently received news that the Court has nullified the Corporate Social Responsibility (CSR) Regulations which provided for how mining companies should support development projects in mining host communities. What does this mean for host communities and companies? Kindly clarify.

JM, Mwanza

We are aware of this decision in which the High Court invalidated some (not all) provisions of the Mining (Corporate Social Responsibility) Regulations, 2023 which had introduced a 60% allocation of CSR funds to local government authorities and only 40% to host communities. This decision stemmed from the application challenging the legality of the Regulations that introduced 60/40 CSR funds allocation, alleging that the Minister for Minerals exceeded his powers given by the Mining Act. The Court held that this directly conflicted with section 136 of the Mining Act, whose intention is for CSR resources to fully benefit host communities. By imposing the 60/40 formula, the Court held, the Minister acted ultra vires, as subsidiary legislation cannot override or defeat the purpose of the parent Act (the Mining Act). It is, therefore, not the entire Regulations that have been nullified, rather a regulation that provided for CSR funds allocation.

The Court also found that the affected host communities were not meaningfully consulted, rendering the process procedurally flawed and contrary to principles of natural justice. Accordingly, the provisions were declared null and void, reaffirming that host communities are the primary beneficiaries of CSR funds. This is a significant development especially for communities living around mining projects and it is interesting how the 60/40 rule came and went almost as quickly as it appeared. If you had submitted the approved CSR plan with the Mining Commission, we advise you to directly contact the Mining Commission for more guidance on how this decision should be implemented.

Submission beneficial owners details

I need to register a charge for my company with the Business Registrations and Licensing Agency (BRELA). I have already filed the company’s annual returns, but upon lodging the documents, my lender has informed me that I am not in compliance because the Beneficial Ownership (BO) information has not been submitted. The Registrar at BRELA has indicated that registration cannot proceed until this issue is resolved. I urgently need funds for my business. Kindly guide.

AM, Meatu

The primary issue preventing the registration of your company charge is the non-submission of Beneficial Ownership (BO) information, which is a statutory requirement under Tanzanian law. Even if annual returns have been filed, BRELA requires that the BO details of the company’s ultimate owners also be submitted to ensure compliance. You should promptly file the BO information along with any other outstanding statutory requirements to avoid further delays. Failure to do so may result in your lender being unable to disburse the loan, which could jeopardize the operations and sustainability of your business.