Woman police searching a male suspect
AP, Dar es Salaam
Section 26 of the Criminal Procedure Act [Cap.20 R.E 2019] disallows a policeman to search a woman suspect, but unfortunately there is no provision in this Act that restricts a woman police to search a male suspect. With no such restriction, a woman police can search a male suspect. However, and whether the suspect or officer is male or female, a general rule is that the search has to be conducted decently by observing the basic rights of the person being searched.
Paternity leave for polygamous person
Section 30(1)(b)(ii) of the Employment and Labour Relations Act [Cap.366 R.E 2019] defines paternity leave cycle as a period of three years from the date the employee was recruited or when he took his last paternity leave. This means, in every 3 years, the employee is entitled to only 3 days paid paternity leave unless the employer and the trade union have agreed to a longer period of paternity leave or shorter duration of the paternity leave cycle than the period provided under the law.
Similarly polygamous persons have the same right to a limited number of 3 days paternity leave in every 3 years regardless of which wife gives birth to a child or how many children of the polygamous employee are born within a leave cycle. Since you took paternity leave last year, you are not entitled to another paid paternity leave until the expiry of 3 years. However, you can ask for unpaid paternity leave which is the discretion of the employer to grant or deny.
Father discovers the child is not his
A man whose name appears in the birth register is considered under section 35 of the Law of the Child Act [Cap 13 R.E 2019] to be the father of the child until it is proved otherwise. A person who wants his name to be deleted from the birth register, must first petition to the Juvenile Court under the Law of the Child (Juvenile Court Procedure) Rules, 2016 for a declaratory order that he is not the biological father of the child. Where parentage is successfully disputed, the Court shall give the declaration order sought. The declaratory order regarding the parentage shall be submitted to the Registrar of Births by a Court officer under rule 55(5) of the Juvenile Court Rules within 21 days of issuing the order for the Registrar to make changes in the register as provided under section 14 of the Births and Deaths Registration Act.
Supplier of mining companies to be local
In a bid to ensure that Tanzanians benefit adequately from the endowed mineral resources, the Mining (Local Content) Regulations (Regulations) give preference to Tanzanian employees; Tanzanian insurers; and Tanzanian producers and suppliers of locally obtainable goods and services. This intends to ensure Tanzanians are integrated into the mining sector not only as revenue-dependent persons but also as employees, producers and suppliers of goods and services respectively. Regulation 15 of the Regulations requires contractors, subcontractors, licensees or allied entities carrying out mining activities to establish and implement a bidding process for the acquisition of goods and services to give preference to an Indigenous Tanzanian Company. An Indigenous Tanzanian company is a company incorporated under the Companies Act that has at least 20% of its equity owned by a citizen or citizens of Tanzania; has Tanzanian citizens holding at least 80% of executive and senior management positions and 100% of non-managerial and other positions. All these 3 criteria must co-exist. As indicated above, preference to an Indigenous Tanzanian Company, as per the Regulations, is aimed at ensuring that Tanzanians benefit from mining operations in terms of employment and provision of locally-produced goods or services.
For a non-indigenous Tanzanian Company to service the mining sector, it should incorporate an Indigenous Tanzanian Company and operate it from Tanzania or incorporate a Joint Venture Company (incorporated Joint Venture) where an Indigenous Tanzanian Company holds at least 20% of shares. With this, contractors, subcontractors, licensees or allied entities carrying out mining activities should only consider non-indigenous Tanzanian companies for supply of goods and services in the absence of capable Indigenous Tanzanian Companies. However, even with the absence of an indigenous Tanzanian company, a non-indigenous Tanzanian company should either incorporate an indigenous Tanzanian company and operate it from here or incorporate a joint venture company with the available indigenous Tanzanian company. This is not uncommon in many mineral rich countries.