Court of Appeal Illuminates on Jurisdiction of Courts in Tanzania
Legal Update – 27 April 2021
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Entries by fbadmin1
Payment for work during leave
April 26, 2021 in Employment and Immigration Law /by fbadmin1My employer assigned me work during my annual leave. I now want him to pay me double gross salary for the month I worked during my leave but HR is refusing to pay me on grounds that leave pay does not include allowances. Can you guide me on how leave pay is computed? Is it […]
Execution of fine and compensation orders
April 26, 2021 in Criminal Law /by fbadmin1If a person is convicted by Court to serve jail term, pay a fine and pay compensation to the victim of the crime but the offender fails to pay the fine and/or compensation, how can the fine and/or compensation be enforced against the offender? PL, Dar It is important to note that fine and compensation […]
Wife disallows me to use her assets
April 26, 2021 in Children, Relationships, Marriage and Divorce Law, Family, Relationships, Wills & Probate /by fbadmin1I have a very rich wife who earns nearly 8 times as me and takes care of the entire household. We are blessed with two children and I am overall happy with our marriage except for the fact that she doesn’t allow me to use some of her personal assets. For example, I am not […]
Q&A – 26 April 2021
April 26, 2021 in Q&A /by fbadmin1Wife disallows me to use her assets I have a very rich wife who earns nearly 8 times as me and takes care of the entire household. We are blessed with two children and I am overall happy with our marriage except for the fact that she doesn’t allow me to use some of her […]
Representation by advocate in disciplinary hearing
April 19, 2021 in Commercial Law, Business Disputes and IP, Corporate and Banking Law, Shareholder Disputes /by fbadmin1I work for a private company and have been summoned to appear in a disciplinary hearing to answer accusation of gross negligence. Am I entitled to engage and appear before the committee with my advocate? HF, Dar Under paragraph 4(4)(5) of the Disciplinary Procedure prescribed under the Employment and Labour Relations (Code of Good Practice) […]
Bail in money laundering and economic offences
April 19, 2021 in Money Laundering and Corporate Criminality /by fbadmin1I keep on hearing that the so called economic offences are unbailable. Is it true that when a person is charged with such offences he/she can be detained in remand prison indefinitely or until the prosecutor decides to commence the trial and the case is decided on merits. The other option I hear for early […]
Q&A – 19 April 2021
April 19, 2021 in Q&A /by fbadmin1Bail in money laundering and economic offences I keep on hearing that the so called economic offences are unbailable. Is it true that when a person is charged with such offences he/she can be detained in remand prison indefinitely or until the prosecutor decides to commence the trial and the case is decided on merits. […]
Entitlement of compassionate leave in a leave cycle
April 12, 2021 in Employment and Immigration Law /by fbadmin1I lost my two grandparents within a span of two months. I asked our HR Manager to give me a compassionate leave to attend the burial of my grandparent who died in January, 2021. I was granted 4 days, In February my second grandparent also died. I asked for another compassionate leave but the HR […]
Working on a public holiday
April 12, 2021 in Employment and Immigration Law /by fbadmin1I am employed as a driver assigned to drive the managing director of our company. Recently I worked on a day that was declared a public holiday by the President. Am I entitled to be paid an allowance for working on a public holiday? Kindly guide. FG, Dodoma According to section 25 of the Employment […]
Suspect statement by foreign agent
April 12, 2021 in Criminal Law /by fbadmin1Our accountant, who is foreigner stole, our company’s money and fled to his home country. He was arrested there by the international police. After the arrest, he made a suspect statement to a police officer who is a citizen of his home country and he confessed stealing the company’s money. We would like to know […]
Q&A – 12 April 2021
April 12, 2021 in Q&A /by fbadmin1Suspect statement by foreign agent Our accountant, who is foreigner stole, our company’s money and fled to his home country. He was arrested there by the international police. After the arrest, he made a suspect statement to a police officer who is a citizen of his home country and he confessed stealing the company’s money. […]
Lending academic certificates
April 4, 2021 in Criminal Law /by fbadmin1I am a form four leaver doing private business. My cousin is asking me to lend him my form four academic certificate as he wants to use it to apply for a job in a private company. Is this a crime? I really want to help him to secure this job as the job market is […]
Valuation of trophy parts
April 4, 2021 in Commercial Law, Business Disputes and IP, Environmental and National Heritage Law /by fbadmin1My relative who is a herbalist was found in possession of one horn of impala which he uses for traditional healing. He is now charged with unlawful possession of government trophy namely impala worth only USD 390. Can the impala horn have such value really? Is this value not maliciously inflated? PP, Tabora Valuation of […]
Property tax disputes
April 4, 2021 in Tax Law and the TRA /by fbadmin1What is the procedure for challenging an assessment of property rates? Is the affected party required to follow the same procedure provided under the Tax Administration Act, 2015? OP, Moshi Regulation 15 of the Local Government Authorities Rating (Collection of Property Rates) Regulations, 2020 (GN No.1 of 2020) requires a rate payer aggrieved by the […]
Paternity leave for a child born out of wedlock
April 4, 2021 in Children, Relationships, Marriage and Divorce Law, Family, Relationships, Wills & Probate /by fbadmin1I do not believe in marriages and luckily am not married but have a child with my girlfriend. I have been having an argument with my employer, who is very unhappily married, that I am entitled to paternity leave notwithstanding that the child is born out of wedlock? He is confidently refusing saying that the […]
Q&A – 5 April 2021
April 4, 2021 in Q&A /by fbadmin1Paternity leave for a child born out of wedlock I do not believe in marriages and luckily am not married but have a child with my girlfriend. I have been having an argument with my employer, who is very unhappily married, that I am entitled to paternity leave notwithstanding that the child is born out […]
Complaints Desk Launched for Businesses
March 29, 2021 in Legal Update /by fbadmin1Legal Update – 29 March 2021
Notice pay subject to pension deduction
March 29, 2021 in Employment and Immigration Law /by fbadmin1I work for a private company and recently signed a mutual separation agreement with my employer. One of the terminal dues agreed upon was 3 months’ remuneration in lieu of notice of termination of my employment. When I went to collect my terminal dues I was surprised to be told that my 3 months’ notice […]
Child born without a marriage
March 29, 2021 in Children, Relationships, Marriage and Divorce Law, Family, Relationships, Wills & Probate /by fbadmin1When I was a teenager I had sexual intercourse with a girl and got a child with her. Since I was still in school, I did not marry her. Recently I learnt that my child was attending secondary school but staying with her grandmother and her mother is married to another man. Last year I […]
Pledging of pension benefits
March 29, 2021 in Employment and Immigration Law /by fbadmin1I work for a private company and contribute to the National Social Security Fund. I took a personal loan from a savings and credit cooperative society popularly known as a SACCOS and pledged my pension benefit as a security for the loan. Am I allowed to do that and Is this contract valid in law? […]
Selling charcoal and money laundering
March 29, 2021 in Money Laundering and Corporate Criminality /by fbadmin1My aunt was found selling charcoal without a permit to sell or buy forest produce. At the time of her arrest she had already sold a number of bags of charcoal and had some amount of cash in her poach. She is now being charged with selling forest produce without a licence contrary to the […]
Q&A – 29 March 2021
March 29, 2021 in Q&A /by fbadmin1Selling charcoal and money laundering My aunt was found selling charcoal without a permit to sell or buy forest produce. At the time of her arrest she had already sold a number of bags of charcoal and had some amount of cash in her poach. She is now being charged with selling forest produce without […]
Squatter regularisation schemes
March 22, 2021 in Property and Planning Law /by fbadmin1I live in a squatter and have been informed by our Mtaa Chairman that the Government intends to regularise our settlements and we shall be given a certificate of occupancy at the end of the regularisation project. Because in the squatter we have very small plots, I am afraid my plot may be merged with […]
Female Police searching a male suspect
March 22, 2021 in Criminal Law /by fbadmin1I was put under arrest for a certain offence and taken to the police. Surprisingly, although I am a man, I was searched by a female police officer. Is this allowed under our laws? AJ, Arusha Unfortunately there is no express provision of the law that bars a female police from searching the body of […]