Q&A – 31 August 2020
Minors and statute of limitation
I am told that the statute of limitation for a breach under contract is 6 years. However, when the dispute arose I was only 15 years. From when does the 6-year rule start to count for me. My lawyer says that I am time barred as the 6 years start from the time the dispute arose. Please guide me as I seem to be out of time.
PP, Dar
Generally, any cause of action that arises from a breach under contract, the statute of limitation is 6 years ie the person intending to take action must do so within 6 years. However, under our Law of Limitations Act, there is an exception for minors.
Section 17 states that (1) where two or more persons are jointly entitled to institute a suit or make an application for the execution of a decree, and one of such persons is under a disability, the provisions of section 15 and section 16 shall apply as if all such persons are under a disability.
This Act defines disability to include a minor meaning that section 17 applies to you. When you turn to section 15, it states that if on the date on which a right of action for a suit or an application for the execution of a decree accrues, the person to whom it accrues is under a disability, the action may be brought at any time before the expiry of the period of limitation prescribed for such action computed from the date when the person ceases to be under a disability or dies, whichever event first occurs.
In your case time starts running from the time you turned 18 considering that under law you were under a disability until your 18th birthday.
Illegal usage of radio frequency
I know of a station that is using a spectrum that is not allocated to it. What are the consequences and what should be done as it is affecting our transmission?
IU, Dar
This is a very serious issue and is not taken lightly by the Tanzania Communications Regulatory Authority (TCRA). The consequences are punitive and/or custodial.
Section 117 of the Electronic and Postal Communications Act states that (1) Any person who uses radio frequency spectrum without obtaining any relevant individual assignment, commits an offence and shall be liable upon conviction to a fine of not less than two billion five hundred thousand million Tanzanian shillings or imprisonment for a term not less than twelve months or to both and incase of continuing offence, to a fine of not less than seventy five million Tanzanian shillings for everyday during which the offence continues after conviction.
As you can see the fine is astronomical to ensure persons comply with the law. The right thing to do is report this to the TCRA who will take appropriate action.
Recognition of electronic signature in contracts
We are entering into a contract in multi jurisdictions including Tanzania. Are electronic signatures recognised in Tanzania? If yes please guide us to the law where this is addressed.
TY, UK
The Electronic Transactions Act addresses and states that (1) where a law requires the signature of a person to be entered, that requirement shall be met by a secure electronic signature made under this Act. (2) The requirement for an electronic signature made under subsection (1) shall be met if (a) the method is used to identify the person and to indicate the intention of that person in relation with information communicated; and (b) at the time the method was used, that method was reliable and appropriate for the purposes for which the information was communicated. (3) Parties to a contract may agree to use a particular method of electronic signature as they deem appropriate unless it is otherwise provided by law.
Having said the above, please note that a secure electronic signature shall be deemed to have been applied if it is (a) applied by the holder of the secure electronic signature; and (b) affixed by the holder with the intention of signing or approving the electronic communication. Hence the person signing electronically must have the intention of doing so, and not that her/his e signature is merely used without her/him knowing.
Reissuing power of attorney
If I have been granted a power of attorney, can I also give someone else a power of attorney based on this power of attorney. In short I want someone else to act as the attorney not myself, although I am the original holder of the power of attorney.
RB, Dar
A Power of Attorney (POA) is a written authorisation to represent or act on another’s behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is usually the donor and the one authorised to act is the done or the attorney.
The person who creates a power of attorney, known as the grantor, can only do so when he/she has the requisite mental capacity. In some powers of attorney the grantor states that he/she wishes the document to remain in effect even after he/she becomes incapacitated. This type of power is commonly referred to as a durable power of attorney which has, to the best of our knowledge, not been tested in Tanzania. If someone is already incapacitated, it is not possible for that person to execute a valid power. If a person does not have the capacity to execute a power of attorney (and does not already have a durable power in place), often the only way for another party to act on their behalf is to either refer to the person’s will or make an application in Court for the appointment of a guardian to act in the best interests of the person.
Coming to your specific question, it is very unlikely that you can further delegate you powers under the power of attorney, unless the power of attorney specifically states so. Under the legal principle of delegata potestas non potest delegari, no delegated powers can be further delegated. Your lawyer can guide you further.