R. v. M. S. Lemki, Crim. Rev. 10-D-68, -/4/68, Hamlyn J.

R. v. M. S. Lemki, Crim. Rev. 10-D-68, -/4/68, Hamlyn J.

Accused, a resident of Zanzibar, brought his car, which was registered in Zanzibar, to mainland Tanzania. He was fined Shs. 100/- for failing within fourteen days to report to the licencing authority to obtain  temporary vehicle licence. [G.N. 390/64, sec . 5(c) (iii) (1c)]. Such a licence issues of right and without charge for vehicle duly licenced in certain other countries, including Zanzibar. The marginal not to section 5 reads: “Vehicles licenced in neighboring African countries ….”

            Held: (1) Accused argued that because of the union between Tanganyika and Zanzibar, Zanzibar is no longer a “neighboring country”, and thus, although the rule has never.

Been formally amended, it is inapplicable to him since he is now a Tanzanian. This argument was rejected. The Traffic Rules are framed not only for the convenience of international travelers, but also for the assistance of the local licencing authority in dealing with such persons. Since the temporary licence is free, the purpose seems to be to assist the traffic authorities, not a revenue measure, or one of traffic control in the narrower sense. Zanzibar has its own vehicle registration, and mainland vehicle records do not include Zanzibar vehicles. The purpose is to obtain information about “foreign” vehicle of which the authorities would otherwise have no information, and on that basis Zanzibar must be deemed to be covered by the Traffic Rules until they are specifically amended. (2) “The side – note …. Is not a part of the rules and it has frequently been held that such marginal annotations are so placed to show the ‘drift’ of the section --- that is, a reference to its general contents; it is certainly no part of the law embodied in the rule in question.”