Entries by fbadmin1

Q&A – 29 June 2020

Truck forfeiture due to drugs I own trucks that transport goods within and outside the country. In 2017 my driver was driving a truck containing 30 tons of fruit from Tanga to Nairobi. On the way he was arrested by police because he was apparently found carrying 50 kilograms of cannabis sativa (bhang). He was […]

Q&A – 22 June 2020

Winding up of insolvent company I want to voluntarily wind up my company as it has more liabilities than assets? Is there any law that stops me from doing so? UD, Iringa The Companies Act, Act No 12 of 2002 states that, where it is proposed to wind up a company voluntarily, the directors of […]

Q&A – 15 June 2020

A year and day rule Is it true that there is a rule in criminal law that if someone you attack dies after one year, you cannot be charged? IP, Moshi Our Penal Code states that if a person is not deemed to have killed another if the death of that person does not take […]

Q&A – 8 June 2020

Confusion on what to do after rejection of waiver The TRA has raised a huge assessment on our oil and gas company which is at an exploration stage and has no revenues whatsoever. We have applied for a waiver and also objected to the assessment. Our waiver application has been rejected by the TRA and […]

Q&A – 1 June 2020

Kissing during COVID-19 Can we continue kissing during COVID-19? I am really scared of the virus and of committing an offence? How can we continue kissing? Please guide me as I feel a part of me is missing. TU, Dar This is a very interesting question. When it comes to kissing, it depends entirely who […]

Q&A – 25 May 2020

Bailability of Money laundering There is a new case that I have heard of where there is an indication that Money Laundering is bailable. What is the background of this case? The Petitioner, one Dickson Paulo Sanga, moved the High Court in a constitutional Petition challenging the provisions of section 148(5) of the Criminal Procedure […]

Q&A – 18 May 2020

Transport and subsistence allowance after resignation In January 2019 our Company employed a civil engineer on a two-year renewable contract. He was recruited in Dar es Salaam and posted to Morogoro where we have a branch. Two weeks ago he voluntarily resigned giving a 24 hour notice. He paid the Company a 1-month remuneration in […]

Conscience clause in contract

I am a doctor from overseas, and am negotiating my contract with a hospital in Dar. The hospital expects me to do all kinds of work, and is unwilling to heed to my demand for the insertion of a conscience clause in my contract. What should I do? 7 May 2012 A conscience clause allows […]

Registration of tour guides

I grew up in one of the villages on the slopes of Mount Kilimanjaro. From time immemorial, our family has been earning its living from tour guiding activities. We have, for all this time, not been interrupted by anybody, and this experience has been passed amongst us for many generations. Recently, my older brother was […]

Government websites not updated

I am a foreign consultant. I have always noted that the websites of government departments, Ministries and also parliament are either not updated or provide information that is old, irrelevant and inappropriate. To give you an example: one website still refers to the President as being Benjamin Mkapa. The national government website still has names […]

Work permit expiry and employment contract

Our Company employed an expatriate on an unspecified term contract. The expatriate has worked for us for five years. His work permit is expiring at the end of this May and the Company does not intend to apply for its renewal. Will failure to apply for renewal amount to unlawful termination of the contract? In […]

Liability of directors

As a non-executive director can I be held responsible for the actions of the company. What can I do to protect myself?FF, Moshi Directors have a fiduciary duty towards the company and its shareholders. Additionally, it is untrue that the directors can walk scot free from the conduct of the company, even if in a […]

Coronavirus and retrenchment procedure

We are a travel agent in Tanzania and faced with zero business. No one is travelling because of the Coronavirus and I cannot afford to retain a large number of people. What is the retrenchment procedure and retrenchment package under the labour laws of Tanzania?ET, Dar Retrenchment is one of the reasons for termination of […]

Q&A – 11 May 2020

In this week’s Q&A read questions on: Coronavirus and retrenchment procedure, Secret marriage and honeymoon and Liability of directors.

Q&A – 4 May 2020

In this week’s Q&A column read about: Armchair principle in Will interpretation and Delays caused by TASAC.