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Q&A – 11 December 2017

Reporting lost SIM card

Is it mandatory to report a lost sim card to the police even if I don’t intend to apply for another one with the same number?
EH, Moshi

Under section 100 of the Electronic and Postal Communications Act 2010 where a mobile telephone or detachable SIM card is lost, destroyed or stolen, the owner of that equipment or detachable SIM card shall report such loss, theft or destruction in person or through a person duly authorised by him to police and to the application service licensee or to whose network the owner subscribed. The law further states that the customer shall, at the time of filling a report, produce unique identity number of the lost, stolen or damaged detachable SIM card or mobile telephone.

Furthermore, should you fail to inform as per the above, such a person commits an offence and may be convicted to upto 6 months imprisonment or fine of upto TZS 500,000 or both.

MP hit me and claims immunity

I was at a bar where a Member of Parliament misbehaved with my girlfriend. I confronted him and we ended up in an argument. He hit me with a chair and I ended up in hospital. The MP now claims that he has immunity and cannot be arrested or reported against. What should I do?
II, Morogoro

It is true that Members of Parliament have immunity under Article 100 of our constitution which states that there shall be freedom of opinion, debate in the National Assembly, and that freedom shall not be breached or questioned by any organ in the United Republic or in any court or elsewhere outside the National Assembly. The article states further that subject to this Constitution or to the provisions of any other relevant law, a Member of Parliament shall not be prosecuted and no civil proceedings may be instituted against him in a court in relation to anything which he has said or done in the National Assembly or has submitted to the National Assembly by way of a petition, bill, motion or otherwise.

However, having cited the above, the fighting did not take place in the National Assembly based on anything he has said therein and hence there is no immunity to protect this MP. You can proceed report this to the police.

In love with boss

I work for a big company and am in love with my boss. He is the best person I have ever met. He also likes me and we have spent some time together. The only problem is that he says since he is the boss, and I am his secretary, it is illegal for him to get involved with me. Does the law stop him from doing so? How do I get him to date me?
IR, Dar

We are not aware of any law that disallows a boss to date his secretary. In fact there are many fairytale stories whereby the boss actually marries the secretary. The problem is that some companies have internal regulations where such a relationship is considered inappropriate and the companies own regulations disallow it. For example if you and your boss are dating, it might affect your performance at work and you might not be able to stay focused on your job to mention a few. In answering this, we assume both of you are single.

Unfortunately as lawyers we are not qualified to answer your second question on how we can assist you in getting him to date you.

Fat man, small seat

I took a flight out of Dar to an overseas destination and was made to sit next to a man who was extremely fat. He was easily over 160 kgs. I am not sure how he managed to actually sit in economy class. When he slept he snored and his hands would touch mine. Is there no weight restriction for economy class. I must confess that it was a really bad experience for me. Whilst I feel sorry for the fat passenger, I think the airline should have a fat man’s cabin somewhere. After the plane ride, whenever I see even a thin air hostess, she looks fat to me! What can I do?
YE, Dar

You have not disclosed us what airline this was but generally speaking there is no rule that requires a fat person to buy two tickets or upgrade to business class. However quite a few airlines now require such passengers, in the interest of safety and comfort of the passenger and others, to buy two tickets and if the plane is not full, the second ticket is reimbursed. In fact some airlines have stricter policies in that you would not be able to board if you have an economy class ticket but the size of the seat does not fit you.

In view of the above, and since you had a contract of carriage with the airline, we suggest you ask for a refund from the airline due to the discomfort you suffered. Likely the airline will give you a free ticket. Your lawyer can guide you further.

Defendant dead, judgment not delivered

In the last few years my uncle filed a civil suit in the District Court against an individual Defendant. The hearing of the case was concluded on both sides and he is waiting for the Court judgment. However, we have recently been informed that the Defendant has died and are worried with this information. My uncle would like to know the fate of his case if he wins. Can we instead sue his wife. Please advice.
NG, Mara

Since the hearing of the case was concluded, the law is very clear in that whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the conclusion of the hearing and the pronouncement of the judgment. The judgment will be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place.

As for suing his wife, if you had not done this at the initial stages because there was no cause of action against her, it is unlikely you can do that now.

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