Q&A – 16 November 2020

Donation of dead body

I do not wish to be buried when I die and want to donate my eyes and other organs to those in need. I also want my body to be used for medical or other research. Can I provide for this in my Will and can any of my family members challenge this? Can a religious service still be held for me?
EO, Dar

A Will is the legal declaration of a man’s intention, which he wishes to be performed after his death, or an instrument by which a person makes a disposition of his property to take effect after his death. Section 2 of the Probate and Administration of Estates Act, defines a Will to mean a legal declaration of the intentions of a testator with respect to his property, which he desires to be carried into effect after his death.

A person making a Will is not restricted to indicate whatever he or she wishes to be done when he passes away unless it is contrary to the laws. Since there is no law in Tanzania which bars people from donating their organs and bodies for medical research, and since this is not against public policy, you are allowed to do so.

In response to whether or not your family can challenge your Will, whilst challenging a Will is not easy, it leads to delays in the granting of probates. If such a challenge is launched than you may not be able to donate any of your organs as we believe the organs must be donated within a few hours of ones death for them to be effectively used. Thus, taking the conservative side, we recommend that you inform your loved ones at the outset of your intentions and perhaps even have them sign on a piece of paper consenting to this and confirming that they will not challenge your wish.

We believe a funeral service for you can still be held, although there will be no body to bury. We recommend you check this with your religious leader to confirm.

Donor donations are really helpful for persons in need and whilst conducting our research we came across the following myths which we share with you:
(a) Qs: I’m too old to be a donor, you wouldn’t want my organs! Answer: you are never to old and infact most organ donors are older people.
(b) Qs: I’ve got long term health problems, so there’s no way I can donate. Answer: having a medical condition does not necessarily prevent a person becoming an organ or tissue donor.
(c) Qs: They won’t want my organs! Doctors won’t do enough to save me if I they know I am a donor. They’ll be more interested in taking my organs to save someone else. Answer: there is no connection between the doctor who is saving your life and the one who will do the transplant.
(d) Qs: It’s against my religion to be a donor. Answer: most major religions of the world do not object to organ donation.
(e) I don’t need to tell my family that I want to be a donor because I have it written in my Will.

Answer: by the time your Will is opened you will already be buried hence recommended to inform your family prior!

Protection for informers

If I have information that will be valuable to the authorities, what will my status be as I fear such reporting? What protection do I get and how does this work. Kindly guide me.
GH, Dodoma

The Whistleblower and Witness Protection Act, 2015 requires whistleblowers to be protected from retaliation or victimisation for disclosing information concerning illegal and dangerous activities, unethical conduct, abuse of office, corruption offences, etc.

However, section 9 of the Act requires a whistleblower to be afforded protection if the disclosure is made in good faith, and the whistleblower has reasonable cause to believe that the information disclosed and allegation of wrongdoing contained in is substantially valid. Hence that is the test you must pass. Merely passing on information that might already be in the public domain may not suffice to get you the required protection.

It is worth noting that whistleblowing must be done honestly and in good faith. It is not right to merely accuse or report someone simply because he gets on your nerves. Such action may then backfire if it is investigated.

Broke university student

I am a university student who faces a lot of hardship. I am broke more times than I can remember. I am closer to poverty than any of my dreams and I believe none of this is my fault. Can I sue the society or the Government?
PP, Dar

Your frustration and disappointment is quite understandable, however your allegations are misconceived. The Government has the duty to establish various schemes, facilities and projects which will stimulate economic development. In simpler words the Government has the duty to establish schools, build hospitals, manage public facilities and make available all essential services like transport, electricity etc for the general public as a whole. The Government is not duty bound to bring development at your door steps. The onus is upon you to make use of the opportunities that are made available to you. All the best!

Seriousness of drunk driving

I have recently moved to Tanzania and want to know to what extent is intoxication a defence in Tanzanian laws? Is this taken up as seriously as in the Western world?
EF, Mtwara

Intoxication is usually no defence in criminal law unless the intoxication is not self-induced, or the person intoxicated was insane at the time of committing such an offence. Section 14 of the Penal Code specifically deals with this.

We must point out that under our laws, Intoxication is taken up seriously, although the implementation of such provision might be a little weaker than in the western hemisphere. All in all, the provision exists and it is an offence in Tanzania to drive when drunk.