Q&A – 17 September 2012
Judges wasting paper
I am a new advocate and went to court to peruse one file that I am involved in. To my utmost dissatisfaction, I found that the trial Judge is using one page to write a few lines in a font size that even a semi blindman could read with. Isn’t this a waste of public resources. If all Judges write like that, then we will need to cut more trees to supply the paper. Why can’t Judges economise on the paper they use.
ET, Dar
From what we gather above, you are dissatisfied that Judges are not using the paper space efficiently ie when the Judges take down the proceedings he or she wastes a lot of the paper perhaps by writing in a very large font.
This is subjective but if the font size is as big as you say, then perhaps you can write to the Chief Justice giving your proposal that he writes to Judges and Magistrates to use paper efficiently. It is not unwise to show the CJ some samples so that he gets a feel of your concern, which might be genuine.
Injury in gymn
Having joined this gymn in Dar, I thought I was going to lose weight and get back in shape. Hardly two weeks into the training, I reported to the head instructor that one of the machines I used to work out on was falling apart. I actually identified to the instructor what the problem was and he told me they would fix it. I continued training and on the third week the wire holding the pulley snapped and injured my spinal cord. The injury was so serious that I had to be ambulanced to the hospital. The local hospital in Dar referred me to a good hospital in Nairobi where I underwent surgery. I still walk with a limp and am really depressed. When I got back to Dar, I politely went to the gymn to find out what they had done after the incident. To my utmost disgust the gymn owner, even before I opened my mouth to say hello, told me that if I was there to threaten them then they would defend themselves in Court and that I was careless in using the machine and that I have signed a disclaimer that the gymn is not responsible for any injuries to its users. Does that mean they cannot be touched? What should I do? I want to teach them a lesson.
GP, Dar
If the gymn owners are so arrogant and you suffered such a serious injury, the best thing to do is to sue the gymn. You need not ponder over this for too long. It is high time such matters go to Court and the parties who are responsible are taken to task.
Having signed a disclaimer does not mean you cannot sue the gymn. The disclaimer is a way that the gymns try to reduce liability. It should not worry you. The gymn had a contractual obligation to provide safe training equipment, which they failed to do. A report from your Doctor in Dar and Nairobi will be very helpful, including the possibility of bringing a Doctor as an expert witness during trial to show the extent of the injury and the possible cause of it.
You can also be creative in what you claim. Everything is claimable as long as you can justify it. You can claim medical bills, travel, lost income, lost future income, emotional distress etc, if can be quantified. We recommend you get a lawyer to assist you.
Export processing zone
How do I set up a company in an export processing zone in Tanzania? What are the advantages and what do I get out of it? What law governs this zone?
ET, Dar
You can set up in the EPZ if atleast 80% of your goods are for export, and your annual export turnover is not less than Usd 500,000 for foreign investors and Usd 100,000 for local investors. The EPZ authority also requires you to invest in modern technology and employ local persons.
The incentives, as provided under the EPZ Act 2002 which governs the zones include: remission of customs duty, VAT and any other tax charged on raw materials and goods of capital nature, exemption from payment of corporate tax for an initial period of 10 years, exemption from payment of withholding tax on rent, dividends and interest for first 10 years, exemption from payment of all taxes and levies imposes by local government authorities for goods and services produced in the EPZs for the period of 10 years, accessing the Export credit guarantee scheme, exemption from pre-shipment or destination inspection requirements, on site customs inspection of goods in the EPZs, provision of temporally visas at point of entry to key technical, management and training staff for a maximum period of 60 day, remission of customs duty, VAT and any other tax payable in respect of importation of one administrative vehicle; ambulances; firefighting equipment vehicles; and up to two buses, treatment of goods destined into EPZs as transit cargo, exemption from VAT on utility and wharfage charges.
The Export Processing Zone Authority has a very informative website – www.epza.co.tz
One pharmacist at two places
I am a practicing pharmacist running two pharmacies where I have displayed my qualifications. I have assistants at both places but spend more time at the bigger pharmacy. Some inspectors came to the smaller pharmacy when I was not there and found me absent. I have now been charged by the disciplinary committee for misbehavior of allowing unqualified personnel to provide services contrary to the Pharmacy Act. Did I break the law? How do I run my business?
OP, Dar
Your question also provides the hint to the answer. As a Pharmacist you know that you cannot display certificates at one pharmacy and work at another. It is true that this is the current market practice but this, we are informed, is being cracked down upon.
A pharmacist is a professional who gives out medication. Wrong medication can lead to death. You must take your duties seriously and comply with the Pharmacy Act which entails that you work only at one place where you display your certificate of registration.
We recommend that you stop working at these two places and comply with the law