Q&A – 14 December 2020

Legality of security groups formed by political parties

We see security groups of all kind of ‘colour’ guards and others of that nature formed by political parties. Does the law allow political parties to form their own security groups? Are these political parties’ security groups not usurping functions of the Police and other security organs?
UT, Dodoma

You are right. It is against Article 147(1) of the Constitution of the United Republic of Tanzania and section 8E of the Political Parties Act [Cap 258 R.E 2019] for a political party or leaders or members of political parties to form, recruit or deploy in Tanzania any form of militia, paramilitary or security group. The law further prohibits political parties or political leaders or members of political parties from maintaining organisations that purports to usurp or purport to supplement the functions of the Police and other security organs of maintaining security, law and order. Under Article 147(2) of the Constitution, the duty to form a security group is exclusively vested on the Government of the United Republic of Tanzania.

Political parties are disallowed even to conduct, finance, coordinate or order to be conducted or coordinated military training or any kind of training on the use of any kind of weapons to its members be it for their self defence or defence of their leaders.

Forming a security group by a political party is an offence under section 8E(3) of the Political Parties Act. Every member or leader of a political party who takes part in forming a security group is liable upon conviction to imprisonment for a term of not less than 5 years but not exceeding 20 years imprisonment. In addition to the custodial sentence imposed on the leaders and members of the political parties concerned, the Registrar of Political Parties shall also de-register the political party whose leaders or members are found guilty of unlawful formation of security group.

Over-time allowance for expatriates

I am an expatriate working in one of the companies here in Tanzania. Due to the nature of my work, I normally work for twelve hours in a day for five days a week. Sometimes I also work on Saturdays. I would like to know if under the labour laws of Tanzania I am entitled to be paid over time allowance.
FF, Moshi

Entitlement to over-time allowance depends on the position held by an employee in the organisation or the person to whom the employee reports. Managers or other employees including expatriates who report directly to the senior managers are disqualified by section 17 of the Employment and Labour Relations Act [Cap. 366 R.E 2019] from being paid overtime allowance. The reason is that section 17 excludes managers and other employees who report directly to senior managers from the working hours’ limitations. So whether you are entitled to over-time pay or not will depend on the position you hold in the company or the person to whom you report. From the facts you have shared with us, it is unlikely that you are entitled to overtime.

Discrimination in salary payments

In our company we have an expatriate who has more or less the same education qualification as me but is paid ten times my salary that I am paid since she is the MD. Is this not discrimination at the work place? Does the law permit this?
IF, Dar

Section 7 of the Employment and Labour Relations Act [Cap.366 R.E 2019] does not recognise difference in wage rates per se as a form of discrimination. Paying the expatriate ten times the wage of the local employee with the same qualification can amount to discrimination if it proved that the Company has designated special salary scale for expatriate on the basis of their foreign nationality or races. Under the Non- Citizens (Employment Regulation) Act, 2015, an expatriate is given a work permit upon proof of possession of special qualifications, knowledge and skills requisite for the performance of the job.

You might have the same education qualification with the expatriate but he might be more skilled, experienced or knowledgeable in the profession of his employment than you and the company pays her/him ten times more than you to retain her/him. In some companies wages are negotiable and the expatriate might be paid more than the local employee because of her/his bargaining power.

Worldover, the top few managers who lead the company are disproportionately compensated compared to other middle and junior managers. You might want to strive gain the experience and work towards getting the MDs job. That might get you to where you want to be but from the facts, it doesn’t look like the salary scale is discriminative.

Husband intercepting telephone communication of wife

I have discovered that my husband is intercepting my mobile telephone communications. He thinks I am cheating on him. Is this allowed by the law? Please guide me.
GG, Kilimanjaro

We assume that your question wants us to answer the legality of mobile phone interception and not cheating.

Unlawful interception of telephone communication is an offence under section 120 of the Electronic and Postal Communications Act, 2010. The law prohibits procuring someone to intercept telephone communications. This offence is punishable with a fine not less than TZS 5M or imprisonment for a term of not less than 12 months.

Only law enforcement agents are allowed to intercept telephone communications for investigation of criminal offences. A spouse intercepting communication of another spouse is committing a crime irrespective of the reason for the interception.

For your information, even law enforcement officers are prohibited by section 121 of the Act not to disclose contents of the information obtained through lawful interception in the course of criminal investigation to another person other than law enforcement officers. A law enforcement officer who discloses the contents of information obtained by lawful interception to another person is guilty of an offence and is liable upon conviction to a fine of not less than TZS 5M or to imprisonment for term of not less than 12 months.