Q&A – 4 June 2018
Old emails leading to divorce
My wife and I are happily married until recently when she started retrieving my pre marriage e mails where she found some romantic mails with my previous girlfriend. She says that I should have told her about this before marriage. I responded that she had never asked and that I have never communicated with the ex after marriage. She also had boyfriends whose details I never asked on the notion that the past is buried behind you. My wife is now seeking a divorce from me. What should I do?
QP, Dar
The Law of Marriage Act of Tanzania provides for specific grounds that can be adduced in a petition seeking divorce. For example one cannot simply get a divorce in Tanzania by consent of the husband and wife. Some of the common grounds are cruelty, adultery and dessertation. It is quite clear that you do not fall under the category of adultery, assuming that you have told us the truth in that you have never met the ex after marriage. We find it hard to believe that your wife would, just out of the blue, decide to check your emails of many years before. If you are hiding anything from us, then please ignore this response. However we continue answering your question assuming you have not concealed anything from us.
The other common ground for divorce is dessertation which we also believe does not apply in this case. Cruelty which might apply is also quite remote. For example can your wife claim that you have been cruel by not disclosing your ex? We doubt it unless there are other extraordinary circumstances that are not known to us.
All in all, we do not see how your wife’s petition will succeed on the ground as stated in your question. We suggest that you both seek counseling as it seems there might be more to this than meets the eye.
Records maintenance in money laundering
I own a small bureau de change that does small transactions. Recently I have been asked to produce some documents that date way back in 2009 and 2010. I never maintained such documents but the law enforcement officers insist that I have no choice but to produce them. Is the limit to retain documents not 5 years under our laws?
PU, Mwanza
As a bureau de change dealer, since you deal with cash, you fall under the definition of reporting person under the Anti Money Laundering Act. The regulations under this Act, particularly regulation 30, states that such a person must retain records for 10 years.
Regulation 30 is worded as follows: (1) A reporting person shall retain records required by section 16 of the Act for a minimum period of ten years from the date- (a) when all activities relating to a transaction or a series of linked transactions were completed; (b) when the business relationship was formally ended; or (c) where the business relationship was not formally ended but when the last transaction was carried out. (2) where a reporting person is required by any enactment to release a record referred to in sub regulation (1) before the period of ten years lapses, the reporting person shall retain a copy of the record. (3) Where a report has been made to the FIU pursuant to the provisions of the Act or the reporting person knows or believes that a matter is under investigation, that person shall without prejudice to sub-regulation (1), retain all relevant records for as long as may be required by the FIU. (4) For the purpose of this regulation, the question as to what records may be relevant in the analysis process may be determined in accordance with the Guidelines. Most bureaus perhaps don’t know this, but the records are to be maintained for 10 years, and must be easily retrievable.
Furthermore, money laundering is very widely defined in the Act. In as far as what is relevant to you, the Act states that a person who engages, directly or indirectly, in a transaction that involves property that is proceeds of a predicate offense while he knows or ought to know or ought to have known that the property is the proceeds of a predicate offense, commits the offence of money laundering.
Predicate offence, which is normally a crime that is a component of a more serious criminal offence, covers almost all offences one can think of. We suggest you do your best to look for the documentation as the offence of money laundering is, unfortunately not bailable, although many of the criminal offences under which it is premised are bailable.
No costs awarded in case
When one wins a case should the judge not order costs to be awarded in addition to the decretal amount? In a case that I fought for 5 years, the judge did not mention costs in his judgment. Please guide what options I have?
FW, Dar
Section 30 of the Civil Procedure Code states that (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incidental to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the Purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing. (3) The Court may give interest on costs at any rate not exceeding seven per cent per annum, and such interest shall be added to the costs and shall be recoverable as such.
If the judge has not awarded you costs he or she must state the reasons for this. And if no reasons are cited, you may file for a review and challenge this.