Q&A – 6 January 2020

Prostitution and human trafficking

I am quite concerned about my neighbour who seems to bring in ladies from all across East Africa and the far east and keeps them in his house. I see men come in and out all the time. I bumped into one of the ladies at the kiosk where she was not supposed to visit but could do so as the owner was away. She told me that the owner promised jobs to them only to end up being exploited in Dar. Is this not an offence?
YU, Dar

Section 4 of the Anti Trafficking in Person Act 2008 states that a person commits an offence of trafficking in person if that person recruits, transports, transfers, harbours, provides or receives a person by means, including those done under the pretext of domestic overseas employment, training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage.

The description you provided quite clearly falls under the above and this is a serious offence that can fetch the owner upto 20 years imprisonment or a fine or both.

Bank name with word central

I wish to register a name of a bank with reads Central Bank of Dar es Salaam. This name is being rejected without any known reason. How can you help?
PP, Dar

Section 63 of the Bank of Tanzania Act states that save with the written consent of the Bank of Tanzania, no bank shall be registered hereafter under the provisions of any law, by a name which includes any of the words “Central”, “State,” “Government” and” Reserve”.

Your proposed bank name has the word central which can easily be confused with the central bank of Tanzania. Hence even if you apply for consent, we believe the chance of being allowed to use this name is minimal.

Voluntary winding a company

I want to voluntarily wind up my company as it has more liabilities than assets? Is there any law that stops me from doing so?
UD, Iringa

The Companies Act, Act No 12 of 2002 states that, where it is proposed to wind up a company voluntarily, the directors of the company or, in the case of a company having more than two directors, the majority of the directors, may, at a meeting of the directors make a declaration in the prescribed form to the effect that they have made a full inquiry into the affairs of the company, and that, having so done, they have formed the opinion that the company will be able to pay its debts in full within such period not exceeding twelve months from the commencement of the winding up as may be specified in the declaration.

Hence, and as one would expect, a company which has more liabilities than assets cannot be voluntarily wound up by the members of the company. Such company can only be wound up by order of the Court.

If you attempt to do so, you may be criminally liable. For further legal assistance, please consult your attorney.

Pre marriage before marriage

I am in love with a girl but am scared of marriage. I have heard all about how girls turn around when they get married. Both of us have agreed to have a test pre marriage before the marriage which will have a lock out period of two years in which we cannot marry anyone else. In some countries this is allowed. Can we do this in Tanzania?
JE, Dar

We are quite confused as to what you can achieve with this test pre marriage and what additional rights and obligations you want to impose on each other. The lock out period sounds like an employment or sale of asset agreement, not like a marriage agreement that is supposed to be entered into with unconditional love.

Our laws do not provide for anything like this. We are also unsure if the laws of other countries have such provisions. The closest we can think of is an engagement which is an intention to get married.

You might need to both have more trust in yourselves, perhaps get engaged and decide on whether you want to get married. This lock out clause is very likely not enforceable as you cannot deprive one of their rights to marry who they want to.