MY friend Max is bugging me again, this time about tourism. Except he would like to see tourists given an information brochure before they land in the country, telling them what to expect and how to make their stay enjoyable.Add a comment
SITTING in Beijing, the Capital of the People’s Republic of China, is one of the rare opportunities, leave alone given the little time here, being able to rub shoulders with Chinese politicians, publishers, bureaucrats, civil society organisations and the academicians at Peking University.Add a comment
GREETINGS from the land of Gurus, hope you are all having a restful weekend and looking forward to a productive week ahead of you. After the injection of energy I received into my bloodstream from last week’s column about my lessons learnt from commenting about a woman’s face, I decided there was need to write one more.Add a comment
MAINLAND Premier League teams which had a short recess are currently busy, undergoing training in readiness for the resumption of the second round.Add a comment
THERE is a saying in the Luganda language running like this: “Ekkumi telikywawa omu”, meaning “ten people cannot hate the same one person”; that an individual may have foes, but he will also have friends.Add a comment
“The time will come for all of us to go as I will; soon. But the ideas of the Cuban communists will remain as proof on this planet that if they are worked at with fervour and dignity, they can produce the material and cultural goods that human beings need – and we need to fight without truce to obtain them.”Add a comment
THIS is the first day of December, 2016; the month in which we normally celebrate the country’s independence anniversary.Add a comment
THE Athletics Tanzania (AT) held their general election last Sunday during which, they elected their new office bearers with the incumbent president being re-elected. When a leader seeking re-election is re-elected, it’s always a sign of being accepted as leader in such an organization.Add a comment
Meeting with Donald Trump
I am a Tanzanian and might be lucky enough to get an appointment with Donald Trump, President elect of the greatest nation on earth (atleast till today not sure about next year). You do not need to ask how I am about to get the appointment at Trump towers in Florida but I am surely going to meet him. My question is on his values and what he has been saying about African countries and other people in general. He has made racist, sexist remarks including derogatory statements about Africa which includes Tanzania. If I meet Trump can I be charged under our laws for having met or having a relationship with a person who might not share the values of Tanzania. I do not want to come back and get arrested in Tanzania. Please guide if I should proceed meet him. FE, MwanzaAdd a comment
THE best marriage is between a deaf husband and a blind wife. I did not create this wise saying, but I agree with the gist of it. Hear ye all married men, you need to develop selective deafness or else. Deaf or dead, it is your choice.Add a comment
It is interesting that some currencies such as Tanzanian Shillings, when declared they sound like they are too much and exceed the restricted limits covered by Money Laundering Act.Add a comment
IN recent days there have been messages going around in twitter, facebook and Whatsup, questioning whether the Wachagga shall be travelling home for Christmas Holidays this year due to bad economic conditions facing majority of people currently.Add a comment
A FEUD has erupted between the Prisons Service and the Chairperson of the National Parole Board Dr Augustine Lyatonga Mrema on his ultra vires orders of releasing fined prisoners under the scheme of parole which is non-existent.Add a comment
NOW that tremors of the “political earthquake” have subsided that hit the United States of America and beyond following the vote, which produced a new President, it is high time now to think aloud on what the future offers for the rest of us in the Third World given that unipolar power disposition.Add a comment
The Holy Bible says the following in Ecclesiastes, 9-10: “Whatsoever thy hand findeth to do, do it with all thy might, for there is no work in the grave whither thou goest.”Add a comment
Opinion pollsters and two Nigerian Prophets – Joshua and Ameh – ‘saw’ Mama Clinton winning the November 8 US Presidential election! Where do we go from here, if modern-day prophesies are no better than political opinion polls?
I IMPLORE esteemed readers to read the following extracts from a public address on TV at the dawn of Year- 2016. They should then attempt to answer the questions that follow… ‘There’ll be large-scale scarcity of food.Add a comment
IN the past two weeks I talked about the situation of people with two types of sensory impairment. I started by explaining about people with albinism and the challenges which they face in the lives in Tanzania, and especially those related to their health and education which are not mutually exclusive.Add a comment
I HAVE this friend who traverses the globe doing good deeds for people in need.Add a comment
GOOD morning everyone. I hope you have all woken up to a bright and sunny day.Add a comment
This party will stick to the policy of zero tolerance in its fight against corruption. There will no longer be any place for corrupt officials to hide in the Communist Party of China. The anti-graft drive will always be on the road and there will be no end.Add a comment
TODAY, Novemb er 16, is ‘International Day for Tolerance (& Peace),’ w hich calls for humank ind to liv e together peacefully no matter w hich cultural or religious back ground one is.Add a comment
Public Procurement Act applicability
Our company entered into an agreement with a public entity for the development of a farm jointly where the public entity contributed the land and I have invested all the money, and we share the profififits based on a certain formula. There is now a company that is challenging this arrangement in that it was not tendered. The public entity has not spent a penny in the investment and I fail to understand if this was to be tendered. FF, Mtwara
Our law requires that a public entity must ensure it gets value for deals it enters into. The Public Procurement Act 2011 in section 63 states that (1) all public procurement and disposal by tender shall be conducted in accordance with the basic principles set out in this Act.
(2) Subject to this Act all procurement and disposal shall be conducted in a manner that maximizes competition and achieve economy, efficiency, transparency and value for money.
Section 47 of this Act also states that procuring entities shall, in the execution of their duties, strive to achieve the highest standards of equity, taking into account- (a) equality of opportunity to all tenderers; (b) fairness of treatment to all parties; and (c) the need to obtain the best value for money in terms of price, quality and delivery having regard to set specifications and criteria.
Whilst we do not have all details, it seems that your joint venture arrangement falls foul of the Public Procurement Act. Your lawyers can guide you further.
Living together when unmarried
A former boyfriend of my current girlfriend has come back from overseas and threatening me with action. I am not sure what to do. Is there anything wrong I am doing?What kind of action can be taken when a man and woman, out of their own freewill, are living together? Do we have to be married to live together and have a relation? Can only a married couple live together? What should I do? BB, Dar
We have read your question which is very interesting. In the absence of knowing who you are or having your number to call you, we are construing your words ‘threatening to take action’ as meaning threatening to file a law suit against you.
In the event that it is a physical threat our simple response is to report this to the police as it becomes a criminal matter. Is there a law that bars an unmarried couple to live together?
Our answer is in the negative- the law does not disallow such a relationship. There is case law from other countries including the United Kingdom that supports what we are saying.
One of the most recent case laws that we came across, with facts very similar to yours, is an Indian decision in which the Supreme Court had to decide on whether a live in relationship which included pre marital sex was an offence.
The Justices queried on what offence it was for two adult people to live together and the Court concluded that there was no law which prohibits live in relationship or pre marital sex.
The justices further concluded that living together is a right to life. You might be confusing morality with legality. Whether it is moral or not to have pre marital sex and live together is not a legal question and we, as legal practitioners, are least qualified to answer that part.
Our response to your question would be different if you were living with a married woman and the husband decided to take action against you.
First right of refusal, tenant in property
I have been a tenant in a property for the past many years.Three months ago I was served with a notice to vacate the premises on grounds that the property had been sold. Is there no law that the landlord should have offered it to me before selling it in the market? MV, Mwanza
As per the Land laws in Tanzania, there is no legal provision which puts the landlord under obligation to sell his/her property to the existing tenant unless that has been specifically provided for in the tenancy agreement, which is rare. If your tenancy agreement has a right to buy, or right to refusal clause, then depending on the wording of the clause, you may be able to challenge the sale of the property and not otherwise. If your landlord is a public body, the requirements of advertising and tendering must be met. If that condition has not been met, you may also challenge the sale. Furthermore, though the property has been sold, your right to stay remains as per the terms and conditions in the tenancy agreement. You should read the termination clause of the tenancy agreement for further guidance.
Traffic fine paid, stopped again
I was given a ticket to pay a fine for a traffic offence which I accepted and paid for at the bank. I was again recently stopped by another traffic police who had a list of those who had not paid. After having spent an hour arguing I was forced to repay the fine and a penalty. Can I be charged twice? TY, Dar
If you have truly paid, you cannot be charged twice. You can report this to the head of traffic and claim a refund. It is trite law that a person charged once cannot be charged again for the same offence.Add a comment
AMERICA just elected the wildcard candidate who broke every rule of engagement on the political battle front. Only in America.Add a comment