Charged for leaving gun in car

I am a firearm licence holder and few months ago, while driving back home, I decided to stop and park in front of a bar for a few beers. I left my gun loaded with ammunition in the car. While I was still drinking, two armed police officers came to me in the bar and arrested me for what they called leaving a gun in the car. They took me to the police station for interrogation though after the interrogation I was granted police bail. I am still reporting to the police station pending the completion of police investigation. I would like to know if there is an offence called leaving a gun in the car. Does it mean that if you possess a gun, you are not allowed to leave it in the car even if the car is locked? Does such a funny offence exist?
FC, Dodoma

It is not a funny offence and such an offence exists to protect the citizenry. Regulation 45(b) of the Firearms and Ammunition Control Regulations, 2016 [GN No.334 of 2016] creates the offence called leaving a firearm or ammunition in an unattended vehicle, aircraft or vessel. So the offence is not just leaving the gun or ammunition in the car. It becomes an offence if the gun is left unattended in the car. If the car in which the gun is left is attended, let us say, by a driver or security guard then there is no offence committed by the firearm licence holder. Even leaving the gun at home unattended is an offence under regulation 45 if the firearm licence holder does not remove parts of the gun which would render it incapable of immediate use.

Where a person is convicted of the offence of leaving a gun in the car unattended, he becomes liable to a fine not exceeding TZS 1M or to imprisonment for a term not exceeding 12 months. In addition to the fine or imprisonment, the Court shall also order cancellation of the firearm licence and order the forfeiture of the firearm to the Government.

Bureau asking customer to prove source of money

I recently came to Tanzania and went to a bureau de change to buy foreign currency in exchange for Tanzanian shillings. I only TZS 300,000 which I wanted to convert into foreign currency. The operator of the bureau de change asked me to give him proof of the source of TZS 300,000. Is there such a legal requirement?
PK Arusha

It is a requirement of regulation 28 of the Foreign Exchange (Bureau De Change) Regulations, 2019 [GN No.540 of 2019] that a bureau de change should not sell foreign currency to a non-resident unless the non-resident proves to the bureau de change that he obtained the Tanzanian shillings he wants to exchange with foreign currency from the previous sale of foreign currency or that he obtained the Tanzanian shillings in Tanzania from lawful activities. Under the Regulations, a non-resident is a person who has been in the country for less than twelve months consecutively.

Since you have been to Tanzania for less than 12 months, you are a non-resident hence you are bound by regulation 28. By its nature, the provision of regulation 28 was intended to act as an anti-money laundering provision against the proceeds of crimes committed by foreigners in Tanzania that is why the law does not put a threshold amount and hence the requirement that a non-resident has to prove his source of income is imposed irrespective of the amount involved in the transaction.

The bureau de change operator was acting within the law when he asked you to prove the source of Tanzanian shillings you wanted to exchange for foreign currency.

Termination of employment contract before commencement

Our company signed an employment contract with someone for the position of internal auditor. However, two days before the commencement of the contract, we discovered that some of the documents he submitted during the job application such as his certificate of registration with the Board of Auditors and Accountants were false. Are we required to subject this employee to the disciplinary hearing process for us to be able to terminate the contract he signed with us? What terminal benefits is he entitled to?
RW, Bukoba

In view of section 35 of the Employment and Labour Relations Act [Cap.366 R.E 2019], an employee with less than 6 months of service for the employer is not entitled to a disciplinary hearing process for the offence committed during job vacancy application or even during his service for the employer. The disciplinary hearing procedures are required only for the employees who have worked for the company for more than 6 months.

All you need to do is write to the employee and tell him that upon discovery of the forgery in the documents he submitted to the company when he made the application for the position, the company has decided to revoke the agreement. Section 41(1)(a) of the Act provides for 7 days’ notice of termination when the employment contract is terminated in the first month of its commencement. Since the employment was yet to commence, such provisions are not applicable. We assume that you have, indeed, found forgery as otherwise this will become a contentious issue!