Q&A – 24 February 2025
Husband places wife on bet
My husband is a football enthusiast who enjoys making outrageous bets. I recently discovered that he has ‘bet me’ in an upcoming football match. If he loses, his friend (a wealthy businessman) will take me as his wife. These guys do not joke around bets they make. Does this mean I am legally obligated to participate in the bet? I wouldn’t mind being a wife to the affluent fellow while also keeping my husband, but I do not think the law permits this. Please guide me.
AS, Coast Region
You are in a very interesting position- on one hand you are not party to the bet, but on the other you don’t mind participating partially in it! Betting your spouse in a game of football is certainly not something to be taken lightly! Now, picture this: your husband loses. He will have to follow through with his bet, placing you in an awkward position. The good news is you have no obligation to comply with the bet since such an agreement is void. Section 30 of the Law of Contract Act, Cap. 345 [R.E 2019], states that an agreement made by way of wager (bet) is void, and no suit shall be brought for recovering anything alleged to be won on any wager or entrusted to any person to abide by the result of any game or other uncertain event on which any wager is made. Moreover, since the bet involves a person, it is null and void.
In case you were a party to the bet or agreed to it, Tanzanian law is clear on this matter, in that according to the Law of Marriage Act, Cap. 29 [R.E 2019], women are not permitted to have more than one husband, so you cannot be a wife to two different men. Furthermore, it could potentially lead to criminal charges for polyandry so be careful in case you are getting second thoughts.
Apart from the legal consequences, there are also domestic repercussions. Marriage is a respected institution in our society. Therefore, even as a joke, your husband would likely face significant backlash at home if your side of the family does not find the humour in the situation. It is important to remember that jokes can have serious legal and social consequences. It is always best to limit football bets to fun stakes, like a round of drinks or a friendly promise. So, remind your husband to keep his bets within the realm of socially acceptable fun and the bounds of the law. If you have any further questions on this matter, consult your lawyer. Finally, considering the way your husband is thinking, he might need to meet a counsellor. We wish you both well.
Monthly leave for women
I am a well-known Zambian woman working in technology and have moved to Tanzania to work as a manager for a new Artificial Intelligence development corporation based in Dar es Salaam. While I am a well-accomplished woman, I suffer from dysmenorrhea, a health condition which impacts my work every month. Back home in Zambia, I used to get a day off for this condition called ‘Mother’s Day’ leave. Is there something similar in Tanzania? Please guide me.
GH, Dar es Salaam
Dysmenorrhea, also known as painful periods, impacts a large number of women worldwide. It is true that in Zambia women are entitled to one day off each month due to menstrual pain, known as ‘Mother’s Day’ leave. This policy allows women to take a day off without the need for medical justification, recognising and supporting their health needs.
Unfortunately, Tanzania doesn’t yet have a specific policy or law like this. Specifically, the Employment and Labour Relations Act, Cap. 366 [R.E 2019] primarily covers general leave, such as annual, sick, maternity, and paternity leave. However, advocating for a similar policy in Tanzania could be a significant step towards gender equality and women’s health in the workplace. The impact of Mother’s Day leave in Zambia is indeed substantial. Allowing women the flexibility to take a day off for menstrual pain acknowledges a common health challenge and provides them with the support they need. This contributes to their overall well-being and productivity, creating a more inclusive work environment, provided it is not misused. You may consult your human resource officer to discuss viable options to suit your health needs. We wish you all the best.
Employee facing criminal charges
I am a diligent employee at a service company located in Lindi. I was so close to management that my colleagues grew envious and turned into rivals. Last month, a customer complained to management about employees soliciting bribes. Following a covert vote among the staff to identify the suspects, my name was mentioned. I have never solicited a bribe in my life, and I believe my name was mentioned out of spite. The customer has since filed a report with the police, which is currently under investigation. I am concerned that I may face criminal charges, and the company might also terminate my employment. I am innocent. Is there any way to avoid these consequences? Please assist me.
NM, Lindi
Work relationships can be complex, but it is vital to maintain good relationships with fellow employees for the overall performance of the company. The Employment and Labour Relations Act [Cap. 366 R.E 2019] restricts disciplinary actions against employees facing criminal charges. Section 37(5) of the Act states that no disciplinary action in the form of penalties, termination, or dismissal shall be taken against an employee who has been charged with a criminal offence that is substantially the same until a final determination by the Court and any subsequent appeal. This protection in the law is based on the presumption of innocence outlined in the Constitution of the United Republic of Tanzania, 1977. Article 13(6)(b) of the Constitution explicitly states that no person charged with a criminal offence shall be treated as guilty until proven guilty. Therefore, you are protected against termination based on criminal charges brought against you. As for your innocence, we cannot comment on it, leaving that to the Courts to decide. Your lawyer can provide further guidance.