Repeated unwanted requests for sexual relationship

I recently read news circulating on social media that one of the Government leaders in Tanzania reportedly made a complaint after a woman allegedly approached him repeatedly and expressed her desire to have a sexual relationship with him. The matter attracted public attention, with some people questioning whether a woman repeatedly making sexual advances, which to some people is a social matter, toward a government leader, can amount to an offence under Tanzanian law. In determining whether an offence has occurred, what factors should be considered?

MG, Dar es Salaam

We have also read news regarding the matter. Legally, some people are linking this to sexual harassment.  Sexual harassment involves unwelcome conduct of a sexual nature, but not every sexual proposition or expression of romantic interest automatically constitutes an offence. In the reported situation, the fact that a woman allegedly repeatedly expressed a desire to have a sexual relationship with a government leader does not, by itself, establish that she committed an offence. The relevant question is whether her conduct falls within the elements of a specific offence recognized under Tanzanian law.

In terms of section 138D of the Penal Code, a person who, with intention, assaults or by use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person, commits an offence of sexual harassment. The circumstances surrounding the alleged advances are therefore, important. We have not seen the whatsapp messages that were sent to this Government leader, but the test doesn’t change whether you are a Government leader or a normal citizen. The Court would need to consider whether the conduct was genuinely unwelcome and persistent; whether it involved threats, intimidation, coercion, blackmail, stalking, or other prohibited behaviour; and whether there was an abuse of a position of authority or another legally relevant relationship.

Consequently, the public should distinguish between morally inappropriate or embarrassing conduct, that may not be an offence, and conduct that satisfies the legal definition of an offence. A complaint does not, on its own, establish criminal liability. In this matter, the appropriate approach would be to examine the allegations, the applicable statutory provisions, and the evidence before concluding that the woman’s conduct amounted to sexual harassment or another offence. Both men and women should be careful about their approaches but at the same time should not make an approach mechanical or robotic- there are certain actions and inactions that have existed since Adam and Eve!

Managing a doctor-patient conflict

I am a medical doctor and was dating a man for two years until we broke up mainly due to his mother’s interference. Recently, his mother and him came to my clinic but because of the breakup I believe that I was not the right doctor for them and recommended them through a nurse to go to a nearby clinic. They reported me to the Medical Council of Tanzania. What should I do?

EW, Mwanza

This may sound hillariious but is indeed serious. In our opinion, your decision to refer your former partner and his mother to another nearby clinic may be professionally defensible if it was genuinely based on concern that the prior personal relationship created a conflict that could compromise your professional boundaries. The key issue is whether you acted in the patients’ interests rather than out of retaliation or personal hostility, and whether appropriate alternative care was reasonably available. However, particular attention should be given to whether either patient required urgent or emergency treatment, because the Medical, Dental and Allied Health Professionals Act, 2017 identifies “abandoning a client who is in need of attention” as conduct capable of constituting professional misconduct.

In these circumstances, we advise you to separately prepare a dated factual chronology recording what occurred, including why you considered yourself unsuitable to treat them, what instructions you gave the nurse, and whether their clinical urgency was assessed. This is important because the Council will assess the evidence and records submitted to it. The complaint itself does not establish misconduct. Under Regulation 3 of the Medical, Dental and Allied Health Professionals (Inquiry) Regulations, the Registrar must receive, analyse and categorise complaints according to their significance and seriousness. In the end, you must be given an opportunity to appear and may be represented by a legal representative. Your response should remain factual and restrained: explain the pre-existing personal relationship only to the extent necessary to establish the potential conflict, state that the referral was intended to preserve appropriate professional boundaries and facilitate independent care, and provide evidence of the alternative care offered. You can seek further guidance from your lawyer.

Social security contributions as collateral

I am a contributing member of the National Social Security Fund (NSSF) in Tanzania and am planning to apply for a home mortgage loan from one bank to purchase a residential house. In support of my application, I intend to use my social security entitlements as collateral. However, I am worried about what would happen if I lose my source of income and stop servicing the mortgage loan? What does the law say?

RG, Dodoma

Under section 39 of the Social Security Act, a member who has not attained retirement age may use part of their social security entitlements as collateral for a home mortgage. The law limits this collateral to not more than 50% of the member’s total benefit entitlement at the time of award of the loan. The Social Security Schemes (Use of Member’s Benefit Entitlements as Collateral for Home Mortgage) Regulations, 2024 further provide that the house itself must be the first collateral for the mortgage, while the social security entitlements operate as additional security. 

Subsequent loss of employment or income and stoppage of paying the mortgage does not automatically mean that the bank can immediately take your entire NSSF entitlement. The collateral becomes enforceable when the member defaults and the institution takes the prescribed steps for enforcement. Importantly, the law permits only the portion assigned as collateral to be affected; it does not turn your entire NSSF account into ordinary property available to the bank. Your biggest risk is therefore the mortgaged house itself, because the law requires the house to be the first collateral. If you lose your income, you should immediately approach the bank to negotiate restructuring, a repayment arrangement, or other relief rather than simply allowing arrears to accumulate. You can consult your lawyer for more guidance.