My father was killed by a hyena in my home village at night when he was on his way home from a neighboring village. Can you guide me how to claim consolation from the government?

INTRODUCTION

In every jurisdiction, the owner of an animal will be responsible for injuries or death of a person caused by his animal. Animals owners are imposed with a duty to maintain well-being of their animals so as they do not become danger to society whether that animal (s) is a pet, a service animal, or on display, such as at a zoo or exhibition. Section 16(1) of The Animals welfare Act  provides that, “A person who keeps a companion animal or who has agreed to look after such animal shall be responsible for its complete health and welfare and shall assume the duty to care for the animal's well being”, the breach of this duty by animal owners may cause damage to society or government where animal (s) owner (s) will be liable to pay fines or compensation to victims of their animals.

But, on another side, people get injured by wild animals too. When a wild animal attacks or kills someone, who is responsible for the injuries?, Is the injured person?, Is the property owner where the attack occurred?, Or is the government?. To answer this question, one need to determine the ownership of wild animals, and who is imposed with a duty to take care over the wild animals.

Section 4(1) of The Wildlife Conservation Act  provides that, “All animals in Tanzania shall continue to be public property and remain vested  in the President  as a trustee  for and on behalf of the people of Tanzania”. Who is trustee?, A trustee is a person or firm that holds and administers property or assets for the benefit of a third party . By virtue of the meaning of trustee and section 4(1) above, president who is the head of the government, is the owner of all wild animals and he is automatically imposed with duty to take care over wild animals. Hence, people who have suffered loss or damage caused by wild animals are entitled right to claim damages arising from animals destruction. Relatives of a deceased person killed by wild animal (s) may also claim damages on behalf of a deceased.

Section 69(1) of The Wildlife Conservation Act , empowers director of wildlife to authorize officers to handle problems that may be caused by wild animals to the society such as destruction of properties, injuries and deaths. A minister responsible for wildlife is given powers to make regulations specifying the amount of money to be paid as a consolation  to a person or groups of persons who have suffered loss of life, livestock, crops or injury caused by dangerous animals as provided under section 71(1) and (2) of The Wildlife Conservation Act . A person is not entitled to consolation if it has been proved that, that person in the cause of unlawful activity prohibited by The Wildlife Conservation Act, lost life or was injured by dangerous animal.

HOW TO CLAIM CONSOLATION FROM THE GOVERMENT

The government is burdened to pay consolation to the wildlife victim for the loss of life or injury. The rate and procedure for payment of consolation for death caused by wildlife is stipulated under section 69 to 71 of the Wildlife Conservation Act, 2009 and the Wildlife Conservation (Dangerous Animals Damage Consolation) Regulations, 2011.

The claimant should first report the incident to the nearest village executive officer within three days from the date of incident. After reporting to the village executive officer, he/she can, within 7 days from the date of incident, apply for payment of consolation by filling and submitting the claim to the director of wildlife in the prescribed form provided in the First Schedule to the Consolation Regulations. The claim has to be verified by the village executive officer, ward executive officer, livestock officer, agricultural officer or wildlife officer and two independent witnesses. A claim founded on death has to be further verified by a medical practitioner of the rank of clinical officer or above.

A claimant who is aggrieved by the amount of consolation paid by the director of wildlife can request the director to review the amount. The request for review of the amount must be lodged with the director within 30 days from the date of decision to pay the disputed consolation was made. Appeal from the decision of the director lies to the minister responsible for wildlife.The maximum amount of consolation prescribed in the Fourth Schedule to the Regulation for death is TZS 1,000,000.