Q&A – 10 December 2018
Toilet paper with one use
I have come across a brand of toilet paper in Tanzania that says ‘not to be used anywhere else’, meaning you can only use it for its main purpose in the toilet. It is common ground that toilet paper does not mean you cannot use it to wipe your hands, or blow your nose, or even wipe something with it. My further investigation has revealed that the toilet paper manufacturer is using recycled paper with a lot of toxic chemicals and hence this notice. Having widely travelled, I have never come across a toilet paper brand that has such a caveat written in very small print on it. I am concerned about what the consequences will be. It also seems that this approved by the Tanzania Bureau of Standards (TBS). Who should I report this to?
MM, Mtwara
Whilst we have not come across such a brand of toilet paper, there seems to be a public health issue that could arise. Infact if the manufacturer knows or ought to know that there is a danger to the public by using such chemicals in manufacturing, then this becomes a criminal offence as well. The chemicals could likely also cause health issues to the ‘main purpose area’ and we do not see why it would be okay to use the toilet paper in the toilet only and not elsewhere.
We recommend you report this to both the Tanzania Bureau of Standards, and the Government Chief Chemist who can conduct appropriate tests as to the suitability of this kind of toilet paper in the market.
Confusion on where to apply bail
I am confused. First, I thought that like money laundering, economic offences are not bailable. Now I am told they are bailable only if the amount you are charged with is below TZS 10M. Of recent I learnt that any amount is bailable but there is confusion as to which Court one can apply bail at. Please assist sort this confusion.
TY, Dar
You need not be confused. Money laundering is not bailable under our laws, but offences under the Economic and Organised Crime Control Act are bailable. However if one is charged with an economic offence, the Director for Public Prosecution (DPP) can issue a certificate for non-admittance of bail, which would then mean that you cannot get bail; if there is no certificate issued, the offence is bailable.
As to where to apply for bail. If the amount one is charged with is below TZS 10M, then the District Court has jurisdiction to grant bail. If the amount is between TZS 10M and TZS 1B, then it is the High Court of Tanzania that can grant bail. This is according to a recent decision of the Court of Appeal which removed the confusion of where to apply bail for amounts between TZS 10M and TZS 1B. And if the amount is above TZS 1B, then it is only the Corruption and Economic Organised Crimes Division of the High Court that has jurisdiction.
Liability of doctor who performs emergency procedure
I am a general surgeon working in a district hospital in a remote area. We have challenges with specialist doctors and I was called upon one day to perform an emergency caesarian section on a lady who could not deliver. Had I not intervened both the mother and child would have not survived. Although I am not a gynecologist, I did my best to save both lives but unfortunately lost the child. The mother is grateful to me, but the boyfriend who is a famous and powerful businessman in the city is threatening to sue me for negligence. He also threatens to report me to the police. Please guide me.
FH, Singida
Successfully suing under the tort of negligence requires the following to be answered in the affirmative. Did you owe a duty of care, were you in breach of that duty and did you cause a damage because of that breach?
As a doctor you owe a duty of care, but the key question is whether you were in breach of that duty? As a general surgeon you will be judged at a standard of a surgeon and not a normal doctor, but taking into consideration that there was no one else to perform the emergency procedure. For example, if you arrived drunk at the operating theatre, and if that is what caused the death, then you could be liable. Another example is that knowing that you were to use sterilized equipment but failed to do so, then again that could result in you being held liable. With the current facts you have given us, we are not able to conclude whether or not you have breached your duty of care. It is for the person suing you who has to prove that you were negligent.
Further, under our Penal Code, a person is not criminally responsible for performing in good faith and with reasonable care and skill, a surgical operation benefit, or upon an unborn child for the preservation of the mother’s life, if the performance of the operation is reasonable having regard to the patient’s state at the time and to all the circumstances of the case.
We suggest you ensure that all that you have done on that day is properly documented. If you are sued, then, in addition to you being a witness, you will have to bring into Court witnesses like the nurses who helped you, amongst others, to assist you.