My wife is beating me

I am a 30 year old man who is married to a professional woman. My wife usually comes home very late from work. One day, she came home from work and I asked her to cook for me. We got into an argument and she slapped me and hit me with a pan. She told me she is an independent woman and cannot be expected to be my house maid. I suffered injuries on my forehead and my arm. Instead of taking me to the hospital, my wife mocked me and went out with her friends for dinner and drinks. This is not the first time this is happening, she has also exchanged punches with me. I do not want to divorce my wife but I want to know my rights? Can a wife just beat her husband with no consequences?
KN, Shinyanga

We sympathize with you. Whilst we support your wife’s right to earn an income and be independent, what she has done is a criminal offence. Slapping or punching any person falls within the ambit of section 241 of the Penal Code [Cap. 16 R.E 2022] which states that any person who occasions actual bodily harm on another person is guilty of an offence and may be held liable to imprisonment for 5 years. Depending on the extent of the injury, this may also fall under the definition of grievous bodily harm and if found guilty, your wife can be charged with an even more serious offence than causing actual bodily harm.

Whilst we wish you and your wife the best, you should not expose yourself to such incidents.  Consult a marriage counselor and/or your lawyer in the event that such violence persists. We wish you all the best.

Foreign adoption of a child

My wife and I were on holiday in Tanzania and happened to visit an orphanage. We fell in love with a set of 9 month old twins whose background story touched our hearts. We are now back in the US and made contact with the Tanzania orphanage on our desire to adopt the twins. Sadly, the orphanage informed us that this was impossible because we are not residents of Tanzania. Is this true? Our hearts are set on making these twins part of our family. Kindly guide us.
YH, USA

Adoption of a child in Tanzania is governed by the Law of the Child Act [Cap. 19 R.E 2019 (the Law of the Child). The orphanage may have not provided comprehensive information on foreign adoption as provided in the Law as there are also other conditions. While it is true that one of the restrictions on adoption provided under section 56(3) of the Law of the Child is that an adoption order cannot be made for a child unless the applicant and the child reside in Tanzania (save for a citizen of Tanzania resident abroad), foreigners can still adopt a Tanzanian child. Section 74(1) of the Law of the Child provides that  a person who is not a citizen of Tanzania may adopt a Tanzania child, if (a) the child may not be placed in a foster or adoptive family or be cared for in a manner suitable for the child’s best interest while the child is in Tanzania; (b) he has stayed in Tanzania for at least three consecutive years; (c) he has fostered the child for at least three months under the supervision of a social welfare officer; (d) he does not have a criminal record in his country of origin or any other country; (e) he has a recommendation concerning his suitability to adopt a child from his country’s social welfare officer and other competent authority of his permanent country of residence; and (f) he has satisfied the Court that his country of origin respects and recognize the adoption order.

When you have fulfilled the above requirements you can make an application for adoption. Since you are foreigners, the Law of the Child requires a social welfare officer to undertake background investigation and submit a social investigation report to assist the Court in considering the application. In addition to this report, the Court may make an additional order such as requiring a social welfare officer to represent the best interests of the child; requiring a social welfare officer to prepare a social investigation report to assist the Court to determine whether the adoption order is in the best interest of the child or not; and any other matter as the Court may determine. Your lawyer can guide you further.

Branches over electric supply line

An electric supply line passes through my premises. This has never been an issue until now.  I am afraid the line may bring harm because the increase of strong winds and heavy rains poses the danger of trees falling on it. I decided to trim down the branches of trees hanging over the electric line but a neighbour informed me that it is prohibited to do so. This was quite surprising to me. What does the law say and what can I do about the branches hanging over the electric line?  Please guide me.
JM, Kagera

The Electricity Act, 2008 (Act No. 10 of 2008) (Electricity Act) governs matters related to electricity services in Tanzania. According to section 34(3) of the Electricity Act, a licensee (which in the case of electricity supply is the Tanzania Electric Supply Company Limited) is required to remove trees or other high vegetation which may pose a threat to the safety and reliable operation of its facilities which includes electric supply lines. If this periodic trimming does not help, section 34(4) of the Electricity Act provides that upon application by owners of land on which the licensee has placed an electric supply line, the Energy and Water Utilities Regulatory Authority, may order the licensee to alter the position of the line or remove the same. Electric supply lines can be very dangerous and that is why the law only authorises the licensee to repair and maintain them. Your lawyer can guide you further.