Q&A – 7 September 2020
Weddings and drone camera
I am a photographer living in Dar es Salaam. Most of the events I photograph are send-off parties and weddings and to get the best shots and videos, I have to use a high-altitude camera. In 2017 I bought a drone to serve this purpose and have since been using this without a problem. Last week, while on a wedding in Arusha, one of the guests approached me and asked if I had a permit to fly my drone camera in Arusha. I was quite surprised. He further told me that I could get arrested and charged by the respective authorities. My questions are whether this is true and what I should do to operate my drone camera without being bothered by the authorities?
PO, Dar
It is important to note that the Civil Aviation (Remotely Piloted Aircraft Systems) Regulations 2018 require all owners of drones to register with the Tanzania Civil Aviation Authority (TCAA) prior to any operation. This is, nowadays, also a requirement in many other jurisdictions and there is nothing surprising or peculiar about it.
Regulation 7 stipulates that, “A person shall not operate a remotely piloted aircraft within the United Republic of Tanzania unless the remotely piloted aircraft has been registered by the Authority and a certificate of registration has been issued in accordance with these Regulations.”
On top of that, after the submission of an application for registration to the TCAA, the owner will thereafter be required to seek an approval from the military force. The application for registration form has to be submitted together with the evidence of ownership as well as the registration fee of USD 100.
It is worth noting that even after being registered and issued a permit, when you want to operate your drone outside the authorisation area (in your case Dar es Salaam) you will be required to notify the responsible Authorities (TCAA and the Military Force). Failure to comply with the stipulated requirements will result in an offence punishable by a fine of up to TZS 1M or to imprisonment of up to six months or both.
Since the Regulations also define certain restricted areas for operating drones, it is our recommendation that you read the do and don’ts in the Regulations before operating your drone.
Bank verification of source of funds
I am a Tanzanian woman living in Dodoma. Recently I went to my bank to withdraw a TZS 50M to buy land from 3 owners who preferred cash payments as none of them had bank accounts for me to transfer funds to them. After submitting my withdrawal request to the bank, I was made to sit in the bank meeting room for more than 1 hour. The bank officers later came in to ask me questions which had no relation to my request. Questions such as my birth place, place of work, TIN number etc. I was irritated by the questions but the banker said they were following protocol as they have a regulatory duty to do so. Is my banker just complicating things or is this really provided for under the law?
OO, Dodoma
The Anti Money Laundering Regulations which came into force in May 2019 makes it mandatory for every reporting person (such as your banker) to report to the Financial Intelligence Unit (FIU) a currency transaction involving TZS or any foreign currency equivalent to USD 10,000 or more in the course of a single transaction.
Under these Regulations, every currency transaction that falls under the ambit of the above requirement shall be accompanied with information specified in the Regulations. Information that is required includes transaction information, place of transaction, purpose of transaction, information on person conducting the transaction, nationality of such person, date of birth, occupation, place of issue of identity amongst others.
The Regulations further state that the FIU or regulator may, upon being satisfied that a reporting person has failed to report currency transaction or international electronic funds transfer according to these Regulations, impose administrative sanctions including warning not to repeat, reprimand, directive to take remedial action, suspension of business activity, fine up to TZS 5M, suspension or removal from office of any member of staff who causes or fails to comply.
Therefore, what happened to you appears to be a standard procedure on your bank’s processes to satisfy the requirements of the above Regulations. With the way money gets transferred these days, and to keep everyone safe from illicit money, these regulations are useful though sometimes cumbersome.
Rights on my farm
I own a very large farm which has its own roads inside. Do I need to wear a seatbelt on my farm roads? Can I make my own rules for my roads? I want to get the feel of being home- can I drive on the right hand of the road. Are the police allowed into my private property? Are there any offences in the traffic laws that provide strictly for imprisonment?
TY, Mwanza
You must be reminded that you own a farm not a country and hence bound by the laws of Tanzania. The Road Traffic Act and the various traffic regulations dictate that one must wear a seatbelt at all times when driving on a road. Road is defined as any road, highway, way, street, bridge, culvert, wharf, car park, footpath or bridle path on which vehicles are capable of travelling and to which the public has access whether or not such access is restricted and whether subject to any condition, but does not include any road within the curtilage of a dwelling house.
Bearing the above in mind, although you own the farm, you are still bound by the Road Traffic Act and cannot have your own rules or drive on the right-hand side of the farm roads. Furthermore, the police are allowed in any property, be it a farm or otherwise.
To answer your last question, section 40 of the Road Traffic Act is one of the sections that only provides, as a punishment, a custodial sentence of a minimum of 3 years (without an option of a fine) for offences that cause bodily injury to, or the death of, any person.