Q&A – 7 January 2019
Conversion of marriage
We were married in a Church 15 years ago after which I was posted to a country where men can marry more than one wife. After reading about male behaviour I now want to be able to marry more than one wife, which will not please my wife but it is something I really want. How do I approach my wife and how should I proceed?
TJ, Dar
You are presently in what is called a monogamous marriage where you can only have one wife. The Law of Marriage Act does provide for conversion of marriages and states that (1) A marriage contracted in Tanzania may be converted– (a) from monogamous to potentially polygamous; or (b) if the husband has one wife only, from potentially polygamous to monogamous, by a declaration made by the husband and the wife, that they each, of their own free will, agree to the conversion. The law further states that (2) a declaration under subsection (1) shall be made in the presence of a judge, a resident magistrate or a district magistrate and shall be recorded in writing, signed by the husband and the wife and the person before whom it is made, at the time of its making.
This law also provides that no marriage between two Christians which was celebrated in a church in Christian form may, for so long as both the parties continue to profess the Christian faith, be converted from monogamous to polygamous and the provisions of this section shall not apply to any such marriage, notwithstanding that the marriage was preceded or succeeded by a ceremony of marriage between the same parties in civil form or any other form.
Considering that you practice the Christian faith, the law does not allow you to convert from a monogamous marriage to a polygamous marriage, meaning that you cannot marry any other woman or women. You must also note that even if you were not a Christian, the law requires that your wife also consents to such conversion from a monogamous to polygamous marriage.
Restaurant offer, food never available
There is a restaurant that offers certain foods at special prices but whenever you place an order you are told that the special is out of stock. You then end up eating the more expensive food. Is this allowed in law?
YR, Dar
Under our Fair Competition Act no person shall advertise goods or services for supply at a specified price if there are reasonable grounds, of which he is aware, or ought reasonably to be aware, for believing that he will not be able to offer for supply those goods or services at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which he carries on business and the nature of the advertisement.
Further, any person who has, in trade, advertised goods or services for supply at a specified price shall offer such goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which he carries on business and the nature of the advertisement.
Whether or not the restaurant is in breach of this law will depend on the facts. If it is trying to bait people into coming to the restaurant after seeing such special offers with the intent of then selling other foods which are more expensive, then surely it is an offence. However, if the restaurant owner genuinely is selling out the food on special offer, provided there is reasonable quantity on sell, then we do not see this as an offence.
From the facts you have provided, it seems the restaurant is more inclined towards baiting clients which is an offence. You can report this to the Fair Competition Commission who may decide to further investigate before making any compliance orders.
Bullying via email
My daughter is a third-year university student who is constantly bullied by a computer science student who is one-year senior to her. He uses all kinds of cyber tricks and threats to bully and make fun of my daughter. Is there any way I can stop this?
OF, Dodoma
Cyber bullying is a serious offence under the Cyber Crimes Act. Section 23 states that a person shall not initiate or send any electronic communication using a computer system to another person with intent to coerce, intimidate, harass or cause emotional distress. A person who contravenes this section commits an offence and is liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than three years or to both.
Thus cyber bullying is a criminal offence and a serious crime. You have the right to report this to the police who have a cyber-crime division that can further investigate this. It would also be a good idea to alert the other student about the criminal nature of his conduct, in case he doesn’t know the law.
Will not signed by lawyer
FO, Arusha
First and foremost, there is no requirement that your Will must be signed by your lawyer. Hence it does not matter whether he is dead or alive and you need not panic.
Secondly, your Will can be changed at any time meaning that even though he is no more, you can still go ahead and change your Will. A Will is an evolving instrument and changeable document and must be reviewed regularly. If you are still worried, we suggest you draft a new Will and get two witnesses to sign on it in your presence.