Weekly UpdateWeek 35 of 2025: 25th to 29th August 2025

25 August 2025by finandlaw-admin
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25th Aug 2025
Source: The East African
IT IS ABOUT INTELLECTUAL PROPERTY, NOT MONEY

Tanzania’s Deputy Minister for Culture, Arts and Sports, Hon. Mr Hamisi Mwinjuma, popularly known as Mwana FA, has welcomed a Court of Appeal decision overturning a 2019 High Court judgment that nullified an award of TZS 2.1 billion (approximately USD 1 million at the time) to him and fellow rapper Ambwene Yesaya, also known as AY, in a copyright case against telecoms firm Honora Tanzania (Tigo).

On 7 August, a three-judge panel ruled that the High Court erred by failing to address several grounds of appeal raised, including whether the Ilala District Court had jurisdiction over copyright matters. The case has now been referred back to the High Court for a fresh hearing.

Before switching to politics, the Muheza constituency MP had dedicated more than 20 years of his life to a successful musical career that made him a household name. Together with his long-time friend and business partner AY, he produced several chart-topping songs such as Usije Mjini and Dakika Moja, both released in 2010. Their legal dispute with Tigo began in 2011, when the artistes sued the company for allegedly using two of their hit songs as commercial caller tunes without consent.

In its defence, Tigo argued that it had obtained the songs from a premium-rate service provider (PRSP). In April 2016, the Ilala District Court found Tigo liable, awarding TZS 2.16 billion in special damages and TZS 25 million in general damages, citing unauthorised commercial use of the tracks. Tigo appealed, arguing that the District Court lacked jurisdiction to hear and determine copyright matters.

While the High Court considered the appeal, it denied a stay of execution of the District Court’s judgment, issuing a garnishee order that froze Tigo’s bank accounts. This compelled the company to pay the TZS 2.1 billion in 2018. However, in 2019, the High Court overturned the award on jurisdictional grounds, and Tigo sought to recover the TZS 2.1 billion from the artistes.

The artistes then appealed to the Court of Appeal, which has now held that copyright law confers jurisdiction on the District Court — a jurisdiction that general laws cannot override. The Court further faulted the High Court for failing to consider ten (10) other grounds of appeal.

Source: The Guardian
LABOUR POLICYMAKERS SHOULD GAIN SOMETHING FROM 4Rs, NOT JUST ICT
The government recently unveiled an ambitious package of digital systems and policy guidelines aimed at tackling unemployment, modernising labour justice, and strengthening the empowerment of marginalised groups. While comprehensive, the format appeared somewhat cumbersome, with several overlaps that seemed impractical. This does not mean the package lacks strengths or workable initiatives, but it falls short of the boldness required to address the issues it seeks to resolve, focusing instead on raising a few ICT modules.

The Minister of State for Labour, Youth, Employment and People with Disabilities in the Prime Minister’s Office (PMO) launched the 2025 guidelines and systems for various sectors, essentially proposing three communication formats for each component of the portfolio. The notion that unveiling digital formats for problem-solving through information access constitutes a milestone in building an inclusive and resilient economy is persuasive. However, it reflects more of a vision than a practical application of the tools.

Still, the Minister was quoted affirming the government’s determination to provide long-term solutions to unemployment challenges and workplace disputes that have hindered productivity for decades. Grouping these two issues together, however, suggests an avoidance of detail, as unemployment and workplace disputes are not of the same nature.

Indeed, unemployment is a macroeconomic problem linked to the pace of growth, overall economic structures, and policy settings that shape labour markets. By contrast, workplace disputes are procedural issues tied to internal productivity and microeconomic efficiency. Conflating the two risks obscuring their distinct causes and solutions.

Among the tools unveiled was a digital labour market information system, designed to collect, analyse, and share employment-related data in real time. Such a system could indeed offer valuable insights into the employment landscape and highlight what is truly at stake.

26th Aug 2025
Source: The Citizen
HOW COUNTERFEITING THREATENS ECONOMIC HEALTH AND SECURITY
Counterfeit goods are increasingly undermining Tanzania’s economy, with estimates suggesting that the government may be losing more than TZS 1.7 trillion annually in uncollected excise duty from the alcohol and cigarette sectors. The problem is particularly severe in border regions such as Kigoma, Songwe, Katavi, Mbeya, Musoma, and Kagera, as well as in urban centres including Dar es Salaam, Pwani, Mtwara, and Zanzibar.

Investigations by major producers of beer and cigarettes reveal that counterfeit goods continue to flood these markets through porous borders, informal networks, and weak enforcement mechanisms. In a speech delivered on behalf of the Minister for Industry and Trade, Hon. Dr Selemani Jafo, by Fair Competition Commission (FCC) Acting Director General Ms Khadija Ngasongwa, the Minister warned that illicit trade poses multiple threats. These include eroding government revenue, harming public health, and fuelling unfair competition that undermines the domestic manufacturing sector.

The Tanzania Revenue Authority (TRA) has also outlined measures taken to curb the practice. According to Mr Abyud Tweve, Project Manager for Electronic Tax Stamps (ETS), TRA is deploying tools such as the Hakiki Stamp application and a new inspection device distributed nationwide. Artificial Intelligence (AI) is also being used to target high-risk markets, guide direct inspections, and identify repeat offenders.

Meanwhile, Tanzania Cigarette Company (TCC) Chief Executive Officer, Mr Roy Manalili, disclosed that counterfeit cigarettes in Tanzania rose from 2.9% in 2023 to 4.1% this year, resulting in an estimated TZS 20 billion in tax losses. He cautioned that counterfeiters exploit porous borders and informal urban markets, often smuggling small consignments or concealing goods within legitimate cargo.

Source: The Citizen
DSE GRAPPLES WITH SHARP FALL AS PRICES, TRADING PLUMMET
The Dar es Salaam Stock Exchange (DSE) ended last week in negative territory, with a sharp fall in equity sales and the prices of key financial and industrial stocks. In the week ending 22 August 2025, equity sales plunged by 74.57%, from TZS 36.89 billion to TZS 9.38 billion. The volume of shares traded also dropped steeply by 63.76%, falling from 21.60 million to 7.83 million, as activity slowed across most counters.

Total market capitalisation declined by 2.73% to TZS 21.99 trillion, down from TZS 22.61 trillion, driven largely by significant losses in major listings such as CRDB Bank Plc, NICO, Tanzania Cigarette Company (TCC), and Tanzania Portland Cement Company (TPCC). Turnover was dominated by CRDB, accounting for 31.71% (TZS 2.97 billion), followed by NMB at 19.79% (TZS 1.85 billion). Domestic investors continued to drive activity, representing 86.39% of trades, while foreign investors accounted for just 13.61% a sign of muted international appetite amid global uncertainties.

Market analyst Mr Ahmed Nganya projected a slight rebound in performance in the coming week as the quarter draws to a close. He noted that any recovery is likely to be supported by seasonal adjustments and growing interest in diversified investments, such as the recently launched VIS-ETF, which is expected to enhance liquidity and provide broader market exposure.

Source: Daily News
JUDICIARY TO SPEED UP LABOUR CLAIMS
Chief Justice George Masaju has announced that the Judiciary is finalising amendments to the Civil Procedure Rules to enable labour-related claims particularly those involving workers’ compensation and rights to be heard under summary procedures rather than the standard process. The reforms are intended to expedite the resolution of labour disputes, ease case backlogs, and prevent delays that adversely affect workers’ welfare.

He further urged employers to respect the dignity of their employees, prioritise workers’ welfare above profit, and adhere strictly to safety and labour standards. At the same time, the Chief Justice called on workers to remain disciplined, diligent, and proactive in reporting violations of labour laws, especially those that pose risks to their well-being.

Source: The Guardian
PCCB TRAINS 300 LAWYERS TO PREVENT CORRUPTION DURING OCTOBER ELECTION
Mr. Chrispin Chalamila, Director General of the Prevention and Combating of Corruption Bureau (PCCB), has urged the bureau’s legal officers to closely monitor the upcoming elections to ensure that leaders are elected free from corruption. Opening a training programme designed to strengthen the professional capacity of newly recruited PCCB lawyers from across the country, Mr. Chalamila emphasised the critical role of councillors and other elected leaders as key partners in reporting corruption cases related to the implementation of development projects. He also highlighted the bureau’s commitment to securing convictions in court and ensuring that confiscated assets are nationalised.

Meanwhile, the Director of Legal Services at PCCB, Mr. George Barasa, noted that the training brought together 307 legal officers, a significant increase compared to the 121 lawyers trained during the last session in 2011. He explained that the programme covers a broad range of topics, including the collection and presentation of electronic evidence in court, the new public procurement law, and issues of mental health. According to him, the training aims to enhance the competence of PCCB legal officers in applying modern strategies in their daily work.

27th Aug 2025
Source: The Guardian
TLS SEEKS STATE HOUSE TALKS OVER CONCERNS AHEAD OF POLLS
The Tanganyika Law Society (TLS) has requested an urgent meeting with President Samia Suluhu Hassan to present collective concerns of key stakeholders regarding the credibility, transparency, and preparedness of the upcoming late October general election.

Announcing this at a news conference in Dar es Salaam, TLS President Boniface Mwabukusi outlined the advocacy body’s position, which is based on findings from an extensive months-long consultation process. The initiative brought together voices from across the political and civic spectrum for constructive dialogue on the democratic process.

Mr. Mwabukusi stressed that TLS has both a legal and moral responsibility to ensure that electoral issues are addressed transparently and collaboratively. He noted that the Society has observed growing anxiety among citizens about the direction of democracy, adding that this concern underpins TLS’s proactive engagement in the process.

He further emphasized that TLS, under its statutory mandate to uphold legal ethics, human rights, and the rule of law, launched a national engagement programme earlier this year in light of escalating political and electoral tensions. This mandate is established under the Tanganyika Law Society Act, Cap 307 (Revised 2019).

Source: Daily News
EXPORTS TO SADC NEARLY DOUBLE IN 4 YEARS
Tanzania’s exports to the Southern African Development Community (SADC) have nearly doubled between 2021 and 2024, driven by improved trade infrastructure, proactive government promotion, regional integration, and a more diversified export base.

In 2021, Tanzania’s exports were valued at USD 1.3 billion. By 2024, they had surged to USD 2.968 billion nearly USD 3 billion representing growth of more than 127% over the period.

The Minister for Industry and Trade, Hon. Dr. Selemani Jafo, made these remarks during the official inauguration of the new Board of Directors of the Tanzania Trade Development Authority (TanTrade). He urged the authority to intensify efforts to secure more international markets for Tanzanian businesses and strengthen the country’s foreign exchange earnings.

Dr. Jafo further noted that Tanzania’s agricultural sector has evolved significantly, with traditional staple crops such as rice, maize, and millet increasingly gaining traction as high-demand export commodities. As the country continues to expand its trade footprint, especially within regional blocs like SADC and the East African Community (EAC), the strategic direction set by TanTrade and its board will be instrumental in shaping Tanzania’s commercial future.

28th Aug 2025
Source: Daily News
COURT RULES NON-CITIZENS CANNOT INHERIT LAND IN TANZANIA
The Court of Appeal has ruled that non-citizens cannot own land in Tanzania through any means including inheritance or bequeathal except for investment purposes under the Tanzania Investment Act.

This landmark ruling arose from a dispute over a property in Upanga, Dar es Salaam, previously owned by the late Diana Artenis Ranger, a Tanzanian citizen by naturalization and of Greek origin. The case centered on whether her non-citizen relatives could inherit the land following her death in 2006.

A panel of three justices Rehema Mkuye, Paul Kihwelo, and Abdulhakim Amerr Issa overturned a previous High Court decision that had allowed non-citizens to inherit the property. Acting on an application for revision filed by the Attorney General, the justices declared that the application was merited. They therefore quashed the High Court judgment and set aside the decree.

The respondents in the case were Emmanuel Marangakisi, acting under power of attorney for Anastasious Anous Anagnastou, Georgio Anagnastou, and Ourania Anagnastou all relatives of the deceased and all non-citizens.

The justices emphasized that transmission of land ownership only takes effect after registration in the name of the deceased’s legal representative. Even then, the ultimate beneficiary must meet the legal requirements for land ownership, which exclude non-citizens unless the land is acquired for investment purposes.

Citing Section 20(1) of the Land Act, the Court underscored that the law’s full intent is to prohibit non-citizens from occupying or using land in any manner other than for investment.

Source: The Citizen
MARITIME SECURITY ROLE A WELCOME DEVELOPMENT
Tanzania’s participation in the EU-funded Safe Seas for Africa initiative signals recognition of the growing threats facing its maritime domain. Yet such a step, while important, is only the beginning.

With a coastline stretching over 1,400 kilometers along the Indian Ocean, the country holds immense potential in its blue economy. At the same time, it faces mounting threats from piracy, drug and arms trafficking, illegal fishing, marine pollution, and human smuggling. A regional security architecture is therefore not a luxury, but a necessity.

It is against this backdrop that the country’s delay in deploying liaison officers to the Regional Maritime Information Fusion Centre in Madagascar and the Regional Coordination Operations Centre in Seychelles raises concern. These EU-supported centers serve as nerve hubs for regional information sharing and operational coordination. By remaining absent from them, Tanzania forfeits the opportunity to access real-time intelligence, collaborate in joint operations, and influence the strategic direction of maritime governance in the region.

This absence is puzzling, especially given that Tanzania, despite commendable gains in recent years, still grapples with limited resources and institutional capacity in managing its maritime domain.

One would expect, therefore, that an initiative offering tailored technical assistance, legal harmonization, equipment, and capacity building would be seized with urgency. If there are valid technical or policy-related constraints such as conditions attached to deployment these should have been communicated transparently and at an early stage. Constructive engagement is rooted in openness, not silence.

Failing to act risks signaling a lack of commitment, which could compromise future support and slow down much-needed reforms. The threats at sea are evolving, and so must Tanzania’s responses. The country’s blue economy holds promise, but real progress demands more than participation. It requires presence, leadership, and timely action.

29th Aug 2025
Source: The Guardian
AFRICAN NATIONS URGED TO HARMONISE PUBLIC HEALTH REGULATIONS
The 75th session of the World Health Organization (WHO) Regional Committee for Africa opened on Monday in Lusaka, with Zambian President Hon. Hakainde Hichilema calling on African nations to harmonise public health regulations to improve health outcomes across the continent. Running from 25 to 27 August under the theme “Building a Healthier Africa Together”, the meeting brought together health leaders and policymakers to discuss strategies for strengthening health systems in Africa. Hon. Hichilema noted that disjointed and delayed regulatory frameworks are exposing African populations to preventable health challenges and emphasised that harmonisation is key.

He further highlighted that the African Free Trade Area and surrounding regions face challenges related to regulation, including standardisation, harmonisation, and efficiency. He stressed the urgent need for African countries to build resilient public health institutions capable of effectively responding to disease outbreaks, citing the COVID-19 pandemic as an example that exposed the continent’s limited capacity in this regard.

In conclusion, Hon. Hichilema called for unity, innovation, and self-reliance. He also highlighted the importance of health diplomacy, regional manufacturing of health commodities, and harmonised regulations in advancing long-term health security and development across Africa.

Source: The Citizen
DSE RALLY FUELLED BY STRUCTURAL REFORMS
The Dar es Salaam Stock Exchange (DSE) has, in just one year, experienced a record-breaking rally driven by structural reforms and renewed investor confidence. The remarks were made by DSE brokers reflecting on the equity market’s performance during Mr. Peter Nalitolela’s first year as Chief Executive Officer.

Advisory and Research Manager at Zan Securities, Mr. Isaac Lubeja, reported that DSE’s domestic market value rose by 16.8%, adding TZS 2 trillion to reach TZS 14.2 trillion, while total market capitalisation surged by 24.3% to TZS 22.6 trillion as of 22 August. Bond market trades reached TZS 3.5 trillion, already surpassing 2024’s full year total of TZS 3.1 trillion. Mr. Lubeja noted that the rally is driven by regulatory reforms, stronger investor participation, and trading rules introduced in June that improved market efficiency, liquidity, and price discovery.

Alpha Capital’s Head of Business Development, Mr. Geoffrey Kamugisha, added that while the rally builds on previous leadership foundations, Nalitolela’s reforms have reshaped market dynamics. Regulatory updates have streamlined trading, enhanced price transparency, and boosted liquidity. He also credited increased market access through mobile platforms, banking apps, and improved network infrastructure for attracting a broader investor base.

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