Q&A – 13 October 2014
Power of President to arrest
I am told that the President of Tanzania can order anyone to be arrested? Does the executive have such power? I am a little worried with such powers.
PO, Dar
The Emergency Powers Act gives the President power to arrest anyone in an emergency who in the President’s opinion is a threat to public safety or a threat to maintenance of public tranquility. Section 7(3) of this Act states that the President may by order in writing commit any person arrested on his direction to such custody as he may deem fit. Section 7(4) further adds that no person detained shall, unless the President by a special order otherwise directs, be detained in custody for a period exceeding two months and section 7(5) states that no person shall be detained in custody for an aggregate period exceeding six months unless it is shown to the satisfaction of the President that his continued detention is in the public interest; in that case he may be detained for a further period not exceeding three months.
The word emergency is also defined in the act and includes war, invasion, insurrection real or apprehended or a breakdown of public order, which in the opinion of the President is a threat to the security of the United Republic, or a riot or other disaster or a natural calamity -within the United Republic whether caused by natural causes or otherwise, which could achieve such a serious nature as to be of national concern.
You can see from the above that the President does have a lot of power to arrest a person but there needs to be reason for such an arrest as provided above. Many other countries around the world give such power to the President. However must inform you that powers such as the above are sparingly used by President’s in the United Republic so you need not worry too much.
Boss takes newspapers to toilet
My boss takes newspapers to the toilet to read. Is that not illegal and can I sue him? It’s very unfair on the fellow employees and shows how discriminative our company is.
IT, Dar
We are unsure as to how taking of papers to the toilet is unfair on you. What do you want to sue your boss for? Is it a deprivation of reading the papers that you are concerned about? The best approach to this is to look at this habit from a health laws perspective although we do not see any specific law that deals with this.
An easier way is to perhaps consider buying your own newspapers or getting the HR team to speak to the boss to stop taking the papers to the toilet. Reporting this to the Occupational Health and Safety Association is also a possibility.
Furthermore, we are not sure how the reading of papers shows discrimination at the workplace. Unless there are other facts that you have not mentioned to us, your comments on discrimination are baseless and delusionary.
Minimum age to drive and international drivers licence
I am new to Tanzania and have a number of questions on traffic laws in the country. What law prescribes the minimum age to drive a car in Tanzania? I am well off and want my smart 12 year old boy to start driving a car that I intend to buy for him. Is an international licence valid in Tanzania? As an expatriate do I need a local licence? And if I get into an accident must I stop at the place of accident? Please guide.
YU, Dar
The Road Traffic Act is clear and states in section 25(4) that a driving license shall not be issued to any person who is under the age of eighteen years, except in respect of a moped (light motorcycle). This Act further provides that in respect of a bus or a heavy commercial vehicle the person must be over twenty one years and should have acquired driving experience for a period of not less than three years.
No matter how wealthy you are and how smart your son is, he cannot get a driving license in Tanzania. We advise you wait until he has reached the prescribed age to apply for a driving license. Otherwise any move at the moment to get the license will be contrary to the aforesaid provisions of the law and is imprisonable.
As for validity of international licences, the same Act provides that any person who holds a valid international driving licence or a foreign domestic licence issued in accordance with the 1949 Geneva Convention or with the 1968 Vienna Convention, shall have that licence recognised as being valid under this Act. However such validity is only for six months, and as an expatriate on a two year work permit you must get a local drivers licence.
To answer your last question on whether you need to stop should there be an accident, again the same Act states that (1) Where an accident arising directly or indirectly from the use of a motor vehicle or trailer occurs to any person or to any motor vehicle or trailer or to any other property, the driver of the motor vehicle or trailer shall stop if, having regard to all the circumstances, it is safe for him to do so and shall ascertain whether any person has been injured, in which event it shall be his duty to render all practicable assistance to the injured person: Provided that where the driver does not stop because it is not, having regard to all the circumstances, safe for him to do so, he shall immediately report the accident at the nearest police station.
Hence you must stop if are involved in an accident unless it is not safe for you to do so, and in that case you must report to the nearest police station.