Q&A – 9 March 2020
Child without husband
Is there any law that stops me from having a child without getting married? I don’t want these husband connections as they are troublesome and unpredictable, which I am sure you will agree with. I have developed a hatred towards such men.
WL, Dar
We are not aware of any law that stops you from executing your plan to have a child without getting married. As for the ‘character’ of the husbands, the husbands seemingly have similar sentiments about wives. It seems to be a worldwide trend that wives complain about their husbands, and the husbands complain about the wives, not to mention the inlaws who are the other source of complaints.
Finally, much as you have hatred towards men, to get a child you will need one. We wish you all the best.
Date of coming into force of law
From what date do our laws come into force? There does not seem to be consistency in the approach and there are certain laws that were signed off by former Presidents after being passed in the National Assembly but are not yet in force.
IF, Morgoro
There are three ways you would know that a law has come into force. The first is where the Act itself gives a date of when it will come into force. This method was popular before but not the most common nowadays.
The second method of how the law comes into force is where the Act itself states that it shall come into force when the sector Minister or a named Minister will by notice in the gazette appoint. This means that the law does not come into force without a notice being published
The third way is where the Act states nothing on the commencement date. In such an instance the Act comes into force when it is published in the Gazette.
Insulting and abusive language
My boss uses very abusive language on me. It is his style and everyone in the office is witness to this. Is such language not an offence under any of our laws in Tanzania?
KS, Dar
Section 89 of our Penal Code states that (1) Any person who- (a) uses obscene, abusive or insulting language to any other person, in such a manner as is likely to cause a breach of the peace; or (b) brawls or in any other manner creates, a disturbance in such a manner as is likely to cause a breach of the peace, is guilty of a misdemeanour and on conviction therefore is liable to imprisonment for six months.
From the above, you will note that such abusive language which can lead to a breach of peace is a criminal offence. The law does not provide for an option of a fine and once convicted, no matter what position he holds, he may end in jail for six months.
SMSing during flag hosting
I was attending a ceremony and when the national flag was being hosted and national anthem being played, I was on my smart phone messaging. A police officer came and told me that I had committed an offence that I could be arrested for? Is this true?
AL, Moshi
National anthem is one of the greatest symbols of our nation. It signifies our nation’s status that we are proud of. Singing the national anthem develops and enriches our patriotism. This is a reason why the national anthem is usually sung during special events such as national ceremonies amongst others. For these reasons, it is disrespectful for you to sms when the national anthem was sung.
While there is no specific offence as regards to the national anthem, section 7 of the National Emblems Act, (Chapter of 10 of the Laws of Tanzania) makes it an offence for any person to do any act or uttering any word or publishing any writing with intent to insult or bring into contempt or ridicule the National Flag or Coat of Arms of the United Republic of Tanzania. This offence is punishable by a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or both. In implementation of this law, section 14 of the Criminal Procedure Act permits a police officer, without having an arrest warrant, to arrest any person who does any act which is calculated to insult the national emblem or the national flag. Therefore to sms when the flag was being hosted and national anthem being played is an arrestable offence.
Jurisdiction of criminal statute
Does the core criminal statute in Tanzania, the Penal Code, extend to offences committed outside Tanzania in an aircraft that originates from Tanzania? As a Tanzanian can I be charged if I commit an offence against the Penal Code outside of Tanzania whilst in this aircraft?
TY, Arusha
Section 6 of the Penal Code states that the jurisdiction of the Courts of Tanganyika for the purposes of this Code extends to (a) every place within Tanganyika and within the Territorial waters; (b) any offence committed by a citizen of Tanganyika, in any place outside Tanganyika; (c) any offence committed by any person on an aircraft registered in Tanganyika. Hence if for example you punch someone in a Tanzanian registered aircraft which is in another country, you can be charged in Tanzania although you committed the offence in another country. This long arm of the Penal Code allows Tanzanian authorities to protect its people and property accordingly even if you are not in Tanzania.
