Q&A – 8 November 2021

/in /by
Repatriation of prostitute

I heard that a lady from a foreign country was repatriated back to her home country because she was indulging in prostitution in Tanzania. I would like to know if prostitution is a crime in Tanzania and if it was proper to repatriate the lady who entered legally in Tanzania simply because of prostitution.
LA, Arusha

Section 146 of the Penal Code [Cap.16 R.E 2019] does not as such prohibit prostitution. It only prohibits living wholly or partly on the earnings of prostitution. It is the living on the proceeds of prostitution which is an offence and not the act of prostitution itself. This needs further explanation.

If a woman gives sexual service for free, she is not guilty of an offence but if she imposes charges for the service and lives on the revenue she collects from people she serves, then she is committing an offence of living on the earning of prostitution. In view of section 23(1)(e) of the Immigration Act [Cap.54 R.E 2016], a person is deemed to be a prohibited immigrant if at the time of entry or after entry into Tanzania he/she lives or receives the proceeds of prostitution. The Immigration has the authority to expel from Tanzania a woman or man who lives on the proceeds of prostitution.

Police refuses bail

My cousin was arrested and detained at a Police station on allegations that he assaulted a person while they were in bar boozing. It is four days now and the Police have not released or taken my cousin to Court, and have refused him bail for reasons we don’t know. What can we do to compel Police to admit my cousin to bail?
MM, Musoma

Bail is a constitutional right though the right is not an absolute right. It is a right subject to conditions prescribed in the written laws. Section 64(5) of the Criminal Procedure Act [Cap.20 R.E 2019] imposes a duty on a police officer arresting a person to inform the suspect that he has a right to bail if the offence for which he is arrested is bailable. Police have the discretion under section 64 of the Criminal Procedure Act not to admit a suspect to bail even if the offence for which she/he is arrested is bailable where the circumstances of the case are such that there is a likelihood of the suspect not turning up when he is needed by Police for further investigation or to be taken to Court to stand his trial. The probability of not turning up can be deduced from the suspect’s background and family ties, or his residence, employment and family situation, or his previous Police record, if any. In determining the likelihood of turning up after grant of bail, Police may also consider the circumstances in which the offence was committed, the nature and seriousness of the offence, the strength of the evidence and any information available relevant to the likelihood of the suspect absconding bail. Section 67(1) of the Criminal Procedure Act requires a police officer refusing to admit a suspect to bail to record in writing the reasons for such refusal.

Where a Police officer refuses to admit a suspect to bail and does not formally charge him in Court, the suspect or his lawyer may petition the Court for bail under section 67(2)(3) of the Criminal Procedure Act. Once a Police officer receives a summons to produce the suspect before the magistrate, he must do so within 24 hours.

Application of driving licence, residence permit and NIDA card issued in Zanzibar

Our company General Manager who is an expatriate is holding a residence permit, NIDA card and a driving licence issued in Mainland Tanzania. While on official trip in Zanzibar, he was stopped by a police officer who asked him to produce documents proving his lawful stay in Zanzibar. He produced among others, his NIDA card, residence permit, and a driving licence issued in the Mainland but the police officer told him that the documents he produced do not apply in Zanzibar and were only applicable in the Mainland. Is this the correct position of the law?
HV, Dar es Salaam

To start with, a residence permit is issued under the Immigration Act [Cap.54 R.E 2016] and the regulations made under it. Section 2(1) of the Immigration Act extends and makes the Act applicable to both the Mainland and Zanzibar. Thus a residence permit issued in Mainland is valid in Zanzibar. However, a work permit issued by the Commissioner for Labour of Mainland Tanzania does not apply in Zanzibar because employment and labour is not a union matter. The Non-Citizens (Employment Regulation) Act, 2015 does not extend to Zanzibar, so a manager whose company has a branch in Zanzibar would require a work permit issued by a competent authority of Zanzibar for him to be able to work in Zanzibar.

NIDA cards are issued under the Registration and Identification of Persons Act. By virtue of section 4(1) of the Act, it is applicable to both sides of the Union. Therefore, a NIDA card issued in either side of the Union is recognised by both sides. Regarding driving licence, Mainland and Zanzibar have different categories of driving licences but the issuing authority which is Tanzania Revenue Authority is a union matter and a holder of a driving licence issued in either side of the union is eligible to drive in any of the sides of the Union.