Possession of marijuana for personal consumption

In my community bangi leaves (bangi), also known as marijuana, are used as green vegetables liked by many natives in my home village. Is it an offence to possess or cook fresh leaves of this green vegetable? Does the law only prohibit smoking bangi or is eating fresh leaves of this green vegetable also prohibited?
MG, Iringa

Section 17(1) of the Drug Control and Enforcement Act [Cap.95 R.E 2019] prohibits both smoking and consuming marijuana, bangi or bangi Possession of leaves of bangi for personal consumption is also an offence. It does not matter that the leaves were possessed for personal use as green vegetables or for sale. Please note that possession of bangi is a strict liability offence which does not require proof of the intention of the offender. Regulation 3(1)(a) of the Drug Control and Enforcement (General) Regulations, 2016 regards bangi whose weight does not exceed 50 grams as a small amount meant for personal use or consumption. Any possession of bangi weighing more than 50 grams is deemed to be for sale or distribution. Possession of bangi for personal consumption as opposed to possession of bangi for sale or distribution is regarded as a minor drug offence punishable by a fine of not less than TZS 500,000 or imprisonment for a term of 3 years or both.

However, where the offender is found in possession of bangi weighing more than 50 grams, section 12(2) of the Act shifts the burden of proof on her/him to prove that the bangi she/he was found possessing was meant for personal use or consumption. Even where the offender successfully proves that possession of bangi was for personal consumption as a green vegetable, this will still will not exonerate her/him from criminal liability. Proving that the bangi was possessed as a green vegetable for personal consumption can only help the offender to have her/his charges reduced from trafficking in narcotic drugs to possession of narcotic drug for personal consumption.

The law on narcotic drug is very broad and strict. Section 18 of the Act prohibits possession of utensils used in connection with narcotic drugs meaning that it is illegal to possess utensils used for cooking or consuming bangi. Even staying in the house where bangi is being illegally consumed, smoked or inhaled is an offence.

Bangi can only be consumed if the consumer has been issued with a permit by the Drug Control and Enforcement Authority Act. However, the Authority is yet to make Regulations under section 12 of the Act to prescribe the ways of controlling consumption and use of bangi as herbal medicine or green vegetable. Since there are no consumption regulations in place, the Authority cannot give a permit to anyone to consume bangi.

Unable to consummate marriage due to old age

I have lived with my wife for 20 years and at the time of marriage I was 40 years older than her. Now because of my extreme old age I cannot consummate the marriage for the normal wear and tear issues that I need not repeat here. My wife is threatening that she intends to petition the Court for divorce because I am unable to consummate the marriage. Can I raise this defence in Court that inability to consummate the marriage is attributed to my extreme old age? What other options do I have?
AM, Dar

In ability to consummate the marriage is a ground for divorce under section 107(2)(b) of the Law of Marriage Act. However, it is clearly stated in the above provisions that proof of a ground for divorce does not entitle the petitioner to a divorce decree as a right meaning that despite proof of inability to consummate the marriage, the Court may still decline to grant divorce after considering other factors like the cause of the inability to consummate the marriage. It seems like the cause in your case, as you have put it, is normal ‘wear and tear’ due to age, especially considering your present age, and this will be taken into account.

As for other options, you might want to contact your doctors or community leaders to help resolve this without having to go to Court?

Bar manager allows prostitutes to assemble to get customers

There is a bar on my street whose manager allows prostitutes to assemble there as a meeting point where they can get male customers who go there to drink. Is this not illegal under the law?
JM, Mwanza

Harbouring prostitutes is an offence under section 176A of the Penal Code. A bar manager who knowingly permits prostitutes to use his bar as a meeting point for prostitution is committing an offence. Since this is a criminal offence you can report it to the Police for investigation who can take it up.

Shareholders rich, company poor

There is a very large and successful company in Tanzania that has opened so called subsidiaries for each of its businesses. I supply goods to one of these subsidiaries which is always having difficulties paying. My question is twofold: how can the subsidiary be unable to pay the debt when its shareholders are very strong companies owned by very strong people. Secondly, can I directly claim my amount from the shareholders?
TY, Dar

Your first question on why the subsidiary is unable to pay its debt is a question we cannot answer. It is more of an accounting issue that you should ask an accounting firm, Your second question is very interesting and we answer it below. The shareholders of a company are distinct from the company itself meaning that the company has a distinct legal identity from the shareholders.

The shareholders own the shares of the company not the assets- the assets are owned by the company. The shareholders are also generally not liable for the debt of the company as it is the company that has borrowed not the shareholders in their individual names. If you have ever borrowed, you will realise that the banks make the shareholders sign a personal guarantee, which is meant to make the shareholder liable for the debt of the company as they are normally not automatically liable.

In order for you to reach out to the shareholders and make the shareholders liable, you need to pierce the veil of incorporation which is not an easy process and your lawyers can guide you further.