Q&A – 12 November 2018
Piercing of lip leads to infection
I went to this clinic which pierces you anywhere you want. The piercing technician who claims to have been trained in Europe told me all about his machine and talent including how they do tattooing in the body. He somehow convinced me to pierce my lip which I did. He told me that sometimes this could lead to infection but also added that even the air sometimes causing infection so there was nothing to worry about. I proceeded with the piercing which has now resulted in my mouth swelling to the size of a golf ball. I cannot eat, cannot talk and am in constant pain. I have had three doses of antibiotics and creams but nothing seems to be working. I have been referred to a specialist and would like to know if I can sue the clinic and technician for this. My legal consultant says that I will be wasting my time since this is part and parcel of getting piercing done in such weird places. What should I do?
IE, Dar
Your legal consultant is wrong. Merely by informing you that the procedure might have some side effects of infection amongst others does not absolve the clinic and/or technician of liability. It may mitigate the damages that you may get in Court as you were notified about this but it cannot totally absolve the clinic and/or the technician.
There seems to be gross negligence somewhere along the treatment line. Perhaps the equipment was not properly sterilized or was not properly used. There was surely a duty of care, which was breached and has resulted in this. We are of the strong opinion that you send a demand note to the clinic and technician and at the minimum ask them to foot your medical bills. Failure of which, you should consult a lawyer who can guide you on steps to take to institute legal proceedings.
Bank acting tough with me
I have borrowed money from a bank and mortgaged one of my buildings as security. Every time I want to do anything to the building the Bank says that I have to get their permission. When I seek permission they take forever to reply. In fact the CEO is always travelling and am told is the one who is supposed to sign on the so-called consent. This has been hurting my business. With such a track record, this time around when I was intending to extend the back part of the building, I wrote to the bank and after waiting for 21 days with no reply, I proceeded to construct the extension. The bank has now written to me that I am in breach of the mortgage deed and is intending to call in the loan. What should I do? At one time the bank told me not to paint my building a certain colour as it will reduce the value and hence the security will be affected! How can I get out of this mess?
UY, Dar
The mortgage deed likely provides for you to seek consent from the bank for any extensions or renovations or otherwise that affect the mortgage property. However it is a standard business term that such requests for consent should not be unreasonably delayed or denied to the applicant and hence the delay is actionable by you.
As for the current calling in of the loan, if all you have said is true and there are no misrepresentations by you, then we believe that the bank cannot call in the loan. In fact the construction of the extension will increase the value of the mortgaged property and is in the best interest of the bank. You may wish to consult your lawyer who can guide you further.
Choosing the colour of your building is your prerogative and very unlikely your bank cannot dictate that under the mortgage deed.
From our experience in banking in Tanzania, this is the first time we have heard of a bank acting like this. As for how you should get out of this mess, the simplest recommendation is to change banks- there is no shortage of banks in Tanzania. If you have good cash flows and a good security, the banks in Tanzania are looking for customers like you.
Employees want to form trade union
I own a big company with about fifty employees. Grapevine has it that the employees want to establish a trade union mainly because of one employee who is masterminding this. I don’t support this idea as it is hard to control. How can I prevent them from forming this trade union? I also want to fire this employee for gross indiscipline. How should I go about this?
EK, Arusha
The Employment and Labor Relations Act provides that, every employee has the right to form or join a trade union and participate in the lawful activities of the trade union. The Act also provides that no employee shall be discriminated against because he is a member of a trade union or he participates in the lawful activities of the union.
With the above, you can neither stop your employees from forming or joining a trade union, nor can you fire the employee for asking for his rights. If you do so, you are surely going to end up in the commission for mediation and arbitration and are likely to lose the case. Move with caution as in Tanzania, as in other countries, generally speaking you can only fire if you follow the right procedure and have grounds to terminate employment. Your attorney can guide you further.