Playing chess during working hours

My cousin was arrested by the ward executive officer who was accompanied with people’s militia for playing chess during working hours. Is there an offence of ‘playing chess’ during working hours especially if a person has no job or has enough stock of food at home and is comfortable? 
HA, Lindi

There is no offence called playing chess during working hours. However there is an offence of staying idle and disorderly contrary to either section 176(h) or (i) of the Penal Code [Cap.16 R.E 2019]. The object of section 176 of the Penal Code is to compel all able people to engage in productive works and work when they are supposed to be working. It is not a defence that the accused is jobless or has enough stock of food at home. A person is deemed to be idle and disorderly where he is not engaged in productive work and has no visible means of subsistence. A person with visible means of subsistence though not working during working hours cannot be deemed to be idle and disorderly. In order for someone to be deemed idle and disorderly, he must have the ability to work but does not engage in any productive work and has no visible means of subsistence.

Even a person who is formally employed or self-employed but is found playing chess board or frolicking at the time when he should have been engaged in productive works connected or related to his occupation can be prosecuted for being idle and disorderly contrary to section 176(i) of the Penal Code.

Police order to share computer password 

I got a summons from the Police requiring me to submit to them my laptop computer which I did. After a week I got a call from the Police demanding me to go to the Police Station to give them my password for them to be able to open and operate my computer. Do I have the obligation under law to give my password to the Police? 
KF, Dar

Section 10(2)(2A) of the Criminal Procedure Act [Cap.20 R.E 2019] which is normally cited by law enforcement agents to order production of documents and articles does not vest in Police power to order a person to give them a password in order to be able to access data in an electronic device. However, police can resort to section 32(4), 34(1)(b) and 35(a) of the Cybercrimes Act, 2015 to order production of electronic device and the password that enables access to the data contained in the device. Section 32(4) of the Act defines an order to produce electronic device as including giving access to the data required from the device which means an order to produce electronic device by necessary implication includes the order to give a password to enable access to data contained in the electronic device.

Apart from the implied right of access stipulated under section 32(4), a law enforcement agency may issue a specific order under section 34(1)(b) or 35(a) of the Cybercrimes Act to a person in possession or control of a computer system or device to assist a law enforcement officer to collect data from a device or computer system by giving the password. Police might have been acting under the Cybercrimes Act to compel you to give them the password to access data in your laptop.

Marrying a school girl 

My son wants to marry a form six student who is 19 years old. He is worried that if he waits until the girl finishes form six, she can go to university and marry another person. I am doubtful if what my son intends to do is lawful. Can it be lawful to marry a school girl if the marriage does not interfere with the girl’s education or she does not get pregnant?  
MM, Mwanza

Marrying a primary or secondary school girl is totally prohibited by section 60A(1)(a)(2) of the Education Act as amended by Acts No. 21 0f 2009 and 4 of 2016. It does not matter that the girl is above the age of 18 or the man marrying the girl has the good intention not to interfere with the girl’s education or does not intend to impregnate the girl until she finishes her primary or secondary education. This is an offence without lawful excuse or defence. It is serious offence which attracts a minimum punishment of 30 years imprisonment. Bear in mind that impregnating a school girl is a different offence under section 60A(3) of the Education Act and it attracts the same penalty like marrying a school girl.

Limitation of expatriates’ employment

We want to start a company in Tanzania and would like to know the maximum number of expatriates we can recruit and the period of validity of their permits. Does the law limit the period of validity of the work permits and the number of expatriates an investor can recruit?
MR, Dodoma

Section 12(4) of the Non-citizens (Employment Regulation) Act, 2015 as amended by Act No.6 of 2021 limits the aggregate period of validity of a work permit to 8 years, that is, the first grant which is two years and its subsequent three renewals of two years each. Where the investment of the company employing the expatriate has a great contribution to the economy or wellbeing to Tanzanians, the total period of validity of the work permit can be extended further.

Section 19 of the Non-citizens (Employment Regulation) Act as amended by Act 6 of 2021, regulates the number of expatriates the investor can recruit. An investor who is registered with both the Tanzania Investment Centre and the Export Processing Zone is allowed to employ up to 10 expatriates irrespective of the number of local employees without those expatriates being subjected to other employment restrictions for non-citizens such as the limitation of validity of the total work permit period.  The common ratio is one expatriate to ten local employees unless the investor proves to the Labour Commissioner that the nature of his business demands employing many expatriates above the prescribed ratio.