Why tackling sex trade remains an uphill battle in Tanzania

As a result, legal experts say Tanzanian authorities face significant challenges in taking legal action against those involved.

Even when cases are taken to court, they are unlikely to succeed unless the law is amended.

According to the experts, existing laws do not clearly define the circumstances under which prostitution constitutes a criminal offence that can lead to prosecution and conviction.

They argue that new legislation is needed to explicitly state that the practice is a criminal offence.

Beyond legal limitations, another challenge lies in the changing nature of the practice itself, which continues to evolve alongside social, economic and technological developments.

In major cities across the country, prostitution has gradually shifted away from open locations such as well-known streets, bars and entertainment venues to social media platforms, messaging applications and online networks that allow those involved to communicate discreetly.

Tanzania has therefore found itself facing a difficult test.

Although various authorities have periodically conducted operations in areas believed to be hotspots for prostitution, the crackdowns have generally been short-lived, with the trade quickly resurfacing.

The debate has gained national attention following recent remarks by the Minister for Home Affairs, Mr Patrobas Katambi, who argued that operations aimed at curbing prostitution should target not only those selling sexual services but also those purchasing them.

Speaking to The Citizen’s sister newspaper, Mwananchi, legal stakeholders said prostitution is essentially a moral issue rather than a criminal offence, and should therefore be addressed through moral and social interventions rather than court proceedings, where successful prosecution is unlikely.

Lawyer Peter Madeleka said that in 2024 he represented several women, commonly referred to as madadapoa, who had been arrested in Ubungo District on allegations of engaging in prostitution.

He said that after the suspects appeared in court, the government allowed the case to remain pending while indicating that it intended to seek a legal reference.

Mr Madeleka argued that, from a legal perspective, prostitution is not an offence recognised under Tanzanian laws, and that the minister's recent statements are more political than legal.

"That is why, year after year, this issue has continued to exist in society, because the law has failed to explain how such conduct becomes a criminal offence. For someone to be prosecuted, the law must expressly state that the act is an offence," he said.

He warned that discussing the matter on political platforms and labelling individuals as offenders when the law does not support such claims could leave those making the accusations embarrassed if the matter ends up in court.

"I do not believe what the minister is saying has a sound legal basis," he said.

Mr Madeleka argued that prostitution is fundamentally a moral issue rather than a criminal one, comparing it to a child failing to greet or show respect to an elder.

"Failing to offer your seat to someone older than you is not a legal offence; it is a moral failing. Likewise, these moral issues should be addressed through moral principles," he said.

He added that, since there is a ministry responsible for such matters, it should focus on providing moral education through places of worship and other social institutions to help eliminate prostitution.

"I do not think prostitution is the reason Tanzania has failed to achieve development. There are other offences, such as theft, which are both moral and criminal, yet you do not see the government devoting the same level of effort to eliminating them," he said.

Lawyer Madeleka's views are shared by fellow Onesmo Kyauke, who also believes the changing nature of the sex trade has made it increasingly difficult to control, particularly as many involved now rely on social media to connect with clients.

"I have lived in Kinondoni for a long time. In the past, it was common to see women standing by the roadside soliciting clients. Today, you hardly see that. Most have moved online, where they communicate privately and arrange meeting places," he said.

Mr Kyauke said the trade is now conducted with a high degree of secrecy.

He noted that some countries had previously attempted to eradicate prostitution but failed, eventually opting instead to legalise it and designate specific areas where it could operate.

"If we genuinely want to address this problem, the priority should be to provide moral education to those involved. At the same time, if unemployment among women is one of the driving factors, then they should be supported differently. Some women engage in prostitution because of poverty, while others are financially well off but still choose to do so," he said.

He added that taking those involved to court remains difficult because obtaining sufficient evidence to support criminal charges is a major challenge.

"Even when the Police Force arrests them, they are often released later," he said.

Mr Kyauke further argued that authorities should consider undertaking comprehensive research to establish what drives people into prostitution.

"It is important to support them and, where possible, conduct in-depth research to understand the factors pushing them into this trade. Some live on the streets without employment, others are wealthy, some have no other means of making a living, while others are found in bars," he said.

He also questioned the practicality of prosecuting men who purchase sexual services, arguing that Tanzania's legal framework differs significantly from that of some Arab countries, where adultery and fornication are criminal offences.

"On what legal grounds would you arrest such a man? For instance, you may approach a woman working at a casino, ask her to leave with you, and she agrees. Where is the offence?" he asked.

"What offence would you charge such a man with? Every man with a wife or girlfriend provides financial support to her in one way or another. What is the difference between that and a man paying money to a woman involved in prostitution on the street?" he added.

The lawyers' comments follow recent remarks by Mr Katambi, who argued that efforts to curb prostitution should also target those purchasing sexual services, since the trade would not exist without demand.

He said the issue should be approached in the same way as corruption offences, where both the giver and the recipient are held legally accountable.

He cited his experience while serving as Dodoma District Commissioner.

"I used to arrest the madadapoa, but I realised that those buying the services simply drove away in their vehicles. Many of them were employees of government institutions and private organisations. Once I began arresting them as well, the situation improved," he said.

Katambi not the first

The approach advocated by Mr Katambi is not new. Over the years, various leaders have attempted to tackle prostitution through special operations, but none has produced lasting results.

At different times, government leaders have introduced strategies aimed at eliminating the trade, yet experience has shown that finding a permanent solution has proved difficult.

While serving as Dar es Salaam Regional Commissioner, Mr Yusuph Makamba oversaw several operations intended to curb activities considered to undermine public morals, including prostitution in various parts of the city.

The operations sought to clear areas known for the concentration of women engaged in the trade; however, the problem resurfaced after a short time.

Subsequent district and regional leaders also launched similar operations in different areas, but with little lasting success.

Despite these efforts, the greatest challenge has remained the ability to substantiate allegations against those involved.

Prostitution is often conducted in secret, and many people arrested during operations cannot be prosecuted without sufficient legal evidence.

This, legal experts argue, is why enforcement operations alone cannot eliminate the problem.

Without adequate evidence, and unless the law is amended to explicitly criminalise prostitution, the challenge is likely to persist.