Airline discrimination claim

Last week, while boarding a flight, a cabin crew insisted that I relinquish my seat due to my reduced mobility. They claimed it was a safety protocol, but I believe I was a victim of blatant discrimination. As a person with a disability, I am very aware of my rights. I am considering taking legal action but want to know if I have a strong case. Please advise me.
EM, Dar

We are sorry to hear about your predicament. Our review of laws concerning airline safety protocols in Tanzania has revealed that the cabin crew did not intentionally discriminate you. Airlines are required to observe international and national safety standards which, among others, restricts people with reduced mobility to occupy certain seats in an aircraft.

Specifically, according to regulation 49 of the Civil Aviation (Operation Of Aircraft – Commercial Air Transport) Regulations, 2024 (Gn. 12 of 2024) (the Regulations), cabin crew are required to not allow a person of reduced mobility to occupy seats where his or her presence may (a) impede the crew in their duties; (b) obstruct access to emergency equipment; or (c) impede the emergency evacuation of the aircraft.

The same applies to exit row seating. Regulation 50 of the Regulations provides that a pilot-in-command shall ensure that a passenger does not sit in an emergency exit row if the pilot-in command determines that it is likely that the passenger would be unable to understand and perform the functions necessary to open an exit and to exit rapidly. A person who lacks sufficient mobility is considered incapable of seating in the exit seat. The said regulation further requires that where a cabin crew member determines that a passenger assigned to an exit seat would be unable to perform the emergency exit functions, or where a passenger requests a non-exit seat, the cabin crew member to expeditiously relocate the passenger to a non-exit seat. Your lawyer can guide you further but we don’t see any cause of action here.

Sensitive personal data

I am a data manager for a large organization based in Arusha. My role includes ensuring compliance with various data protection laws and regulations. Recently I have found myself in a bit of a conundrum regarding the handling of sensitive data. I have encountered a number of scenarios where the lines seem blurred and struggled to clearly define what constitutes ‘sensitive data’ according to the law. Please guide me.
ZK, Arusha

Matters concerning personal data are regulated by the Personal Data Protection Act [Cap.44] (the Personal Data Protection Act). According to section 3 of the Personal Data Protection Act ‘sensitive personal data’ includes (a) genetic data, data related to children, data related to offences, financial transactions of the individual, security measure or biometric data; (b) if they are processed for what they reveal, personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, affiliation, trade-union membership, gender and data concerning health or sex life; and (c) any personal data otherwise considered under the laws of the country as presenting a major risk to the rights and interests of the data subject. It is true that the current definition provided in the law is wide and not very specific.

However, we believe it was drafted that way to capture the complex reality about sensitive data. It is our hope that the Personal Data Protection Commission will provide guidelines on the implementation of the Personal Data Protection Act. You may consult the Commission for further clarification on the matter. Your lawyer can also guide you further.

Subleasing an apartment

I lived in Europe for years where I made a lot of money without owning any property through subleasing residential apartments. I am now back in Tanzania and want to replicate this business here. Is subleasing allowed in Tanzania? Kindly guide me.
GH, Dodoma

Leases are governed by the Land Act [Cap. 113 R.E. 2019] (the Land Act). According to section 89 (1)(i) of the Land Act, there is an implied term in every lease, other than a short term lease, covenants by the lessee (tenant) with the lessor (landlord) binding the lessee not to transfer, mortgage, charge, sublease or otherwise part with the possession of the leased land or buildings or any part of it without the previous written consent of the lessor, that consent not to be unreasonably withheld. To simply put it, you are required to obtain the consent of your landlord before you sublease. Likewise, the landlord is not expected to unreasonably withhold this consent. Remember some lease agreements specifically prohibit subleasing. It is therefore important to read the lease agreement before you consider subleasing the property. Since you plan to do this as a business, be sure to comply with other relevant laws governing businesses in Tanzania including our tax statutes. Your lawyer can guide you further.

Challenged to a duel

A colleague of mine challenged me to duel over a matter that I do not wish to disclose. I am determined to fight for my honor because I am not a coward.  However, I believe duels were a thing of the past and may be prohibited under current laws. I do not want to find myself on the wrong side of the law, kindly guide me.
AK, Mara

The Penal Code [Cap. 16 R.E. 2022] (the Penal Code), prohibits duels and makes it an offence to challenge a person to a duel. According to section 88 of the Penal Code any person who challenges another to fight a duel or attempts to provoke another to fight a duel or attempts to provoke any person to challenge another to fight a duel is guilty of an offence. You are therefore advised to set aside your pride and refrain from taking part in this duel. Your lawyer can guide you further.