Husband taking wife’s surname

I am to be married in the coming weeks to a woman from a prominent family of politicians. My fiancée and I believe in equality and mutual respect in our marriage. I am considering adopting my wife’s surname to honour her family history and reflect our shared values as a couple. This decision has sparked conversations among my relatives and friends, with many opposing the change. Despite this, I wish to break away from tradition to demonstrate my commitment and love for my soon-to-be wife. Can a husband legally adopt his wife’s surname in Tanzania? Please enlighten me.
ER, Mara

Congratulations on your upcoming nuptials. In Tanzania, the process of changing one’s name is governed by the Registration of Documents Act, Cap. 117, and the Oaths and Statutory Declarations Act, Cap. 34. A husband can legally adopt his wife’s surname by following the legal name change process. This involves signing a deed poll and registering it with the Registrar of Documents. Following this, the name change must be published in the Government Gazette. The legal process requires you to wait for public objections to the name change. If there are no objections, the name changes will be officially recognised. We hope that your name change is met with overwhelming support from family and friends. Considering equality between man and woman, it is a very new phenomenon and subject to the above, allowed in Tanzania.

Your lawyer can provide further guidance on the process.

CCTV cameras in guest houses

I am a gold trader based in Mwanza and frequently travel to Geita for business. While in Geita, I usually opt to stay in guesthouses, as my visits are brief. I can’t help but notice CCTV cameras everywhere in these establishments. I am concerned about my privacy and the potential misuse of the footage against me. As a gold trader, my security is always at risk, and CCTV footage could be used to track my movements. Does Tanzanian law protect my privacy, and who can I sue if it is violated? Please guide me.
PS, Mwanza

We commend you for being mindful of your rights and taking the necessary steps to safeguard your privacy. The use of CCTV cameras (closed-circuit television cameras) is primarily for security reasons. However, we also recognise that CCTV footage can present a security risk in itself, should it fall into the wrong hands or be misused. In general, the use of CCTV cameras must comply with the constitutional right to privacy and personal security enshrined in Article 16 of the Constitution of the United Republic of Tanzania, 1977. Moreover, the protection of personal data is regulated under the Personal Data Protection Act, No. 11 of 2022 (PDPA). This legislation is designed to protect individuals’ privacy and ensure that personal data, including CCTV footage, is collected and processed lawfully.

Guest houses are required to register as data controllers and processors even if they have not installed CCTV cameras, as they retain personal data. Under the PDPA, individuals have several rights regarding their personal data, including the right to be informed about the collection and use of their data, the right to access their data, and the right to request the correction or deletion of inaccurate data. The law mandates that personal data be processed in a lawful, fair, and transparent manner. Further, there are several penalties and fines that may be imposed in relation to contravention of provisions of the Act.

If CCTV footage is used in a manner that violates privacy, the affected person can take legal action. They may file a complaint with the Personal Data Protection Commission (PDPC), which is tasked with overseeing the enforcement of the Act. Additionally, individuals can sue the data controller or data processor (such as the owner or operator of the guest house) responsible for the CCTV cameras if their privacy is violated. The High Court of Tanzania has recently clarified that the PDPC serves as the initial avenue for recourse in all matters concerning violations of personal data before an individual escalates the issue to the Courts.

In summary, Tanzanian law protects individuals’ privacy, and there are legal avenues available to seek redress if the misuse of CCTV footage infringes upon one’s privacy.

For more information, you should consult your lawyer.

Agency shuts operations

I have worked for a foreign aid agency based in Tanzania for over ten years, but now they are closing operations in the country. They have given us termination letters, yet I am unsure about my rights. Will I receive any form of compensation for loss of employment? I did not wish to leave my job; the termination was the employer’s decision. What does the law stipulate? Please clarify this for me.
LA, Dar es Salaam

You are right to question your rights. Employment matters are governed by the Employment and Labour Relations Act, 366 (R.E 2019) (ELRA). When termination occurs due to a company closure, section 42 of the ELRA mandates that affected employees receive severance pay. The law stipulates that severance pay should amount to at least 7 days’ basic wage for each completed year of continuous service for that employer up to a maximum of 10 years. Employees who will be entitled to severance pay are those who have completed 12 months of continuous service and the employer terminates their employment. However, severance pay is not required if the termination is due to misconduct, capacity, compatibility, or operational requirements, and the employee unreasonably refuses alternative employment.

Additionally, according to section 44, the employee is also entitled to terminal benefits such as remuneration for work done before the termination; transport allowance, leave payments for leave that was not taken, and a certificate of service. Make sure to review your employment contract, as it might include additional benefits beyond what the law guarantees.

If you suspect your rights are not being upheld, consult your human resource officer or lawyer for further guidance.