Action against employee facing criminal charges

We are a manufacturing company based in Ruvuma. It has come to our knowledge that one of our employees is facing criminal charges after he was found in possession of a government trophy. Our Company does not want to be associated with such a person because we want to safeguard our reputation. Is it lawful to terminate this employee?
NM, Ruvuma

The Employment and Labour Relations Act [Cap. 366 R.E 2019] restricts disciplinary action against employees facing criminal charges. Section 37(5) of the Act provides that no disciplinary action in form of penalty, termination or dismissal shall lie upon an employee who has been charged with a criminal offence which is substantially the same until final determination by the Court and any appeal thereto. This protection in the labour law is premised on the presumption of innocence provided in the Constitution of the United Republic of Tanzania, 1977. Article 13(6)(b) of the Constitution specifically states that no person charged with a criminal offence shall be treated as guilty of the offence until proven guilty of that offence.  You are therefore advised to consider other means of disciplinary action, if any, against the employee according to your company policies and guidelines.