Q&A – 19 March 2018
Charged with offense of possessing cocaine
A relative of mine was apparently caught in possession of cocaine when he flew into Dar from South Africa. He was taken to Court and to date no bail has been granted. It is claimed that this is not bailable and I fail to understand how he has been denied bail. What can I do?
PS, Arusha
Under section 29 of the Drug Control and Enforcement Act, if he is being accused of trafficking cocaine of more than 200 grams, he cannot be admitted for bail. For cocaine of less than 200 grams bail may be considered. Hence it entirely depends on whether he is being charged for an offence above or below 200 grams possession of cocaine.
The same 200 grams applies to heroine, mandrax, morphine, ecstasy, cannabis resin, prepared opium including other manufactured drugs; however for cannabis, khat and other prohibited plants, the offense is unbailable if one is charged to be in possession of 100 kgs or more.
The grammage as determined by the Government Chemist is what the law says will prevail. We suggest that you find out what the exact grammage is to be able to understand whether this is a bailable offense or not. Lastly under the same Act it is stated that if a company is charged, then any person who was ‘in charge of and responsible to the company at the time’, can be charged for the offence. Drug offences are taken very seriously in Tanzania and you are advised to move with caution accordingly.
Cyber bullying
My son is being bullied via the internet. We more or less know who it is and what that person wants to achieve. My son has tried to commit suicide twice now until we stopped him from using Facebook, Instagram which have proved to be a major source of his grief (and waste of his time at university). How can we address this issue?
GH, Musoma
There is one piece of very strict legislation that come under great attack by many persons when enacted but which will assist you greatly. The Cyber Crimes Act has a specific section on cyber bullying which states that a person shall not initiate or send any e communication using a computer system to another person with intent to coerce, intimidate, harass, or cause emotional distress. If a person does so, she/he is liable to conviction of a minimum fine of TZS 5M or to minimum jail term of 3 years, or both.
We suggest you report this to the cyber crimes unit of the police forces, which is a very effective and no-nonsense branch of the police.
Judge showing interest in my wife
There is a judge who is showing great interest in my wife. I think it is behavior that is quite unusual and I might end up losing my wife. Please guide.
JJ, Dar
We first suggest you contain your wife as it is also likely that she is paying good attention to the Judges advances as well. Notwithstanding the above, under the Judiciary Administration Act, any complaint against a Justice of Appeal, the Jaji Kiongozi or a Judge may be lodged with the Commission or the Committee by(a) judicial officer; (b) a law officer; (c) a Government agency; (d) an advocate; (e) a person who has an interest in the matter; or (f) in any other case, a person who can produce adequate evidence on the complaint. A complaint shall be filed with the Secretary to the Commission, or the Committee, as the case may be. It is stated that a complaint shall be made in writing and be signed by the complainant and shall contain adequate information disclosing an act or omission complained about and circumstances upon which that act or omission was committed. A complaint may be made regarding any of the following matters (a) handling of cases; (b) allegation of corruption; (c) behavior inconsistent with the Code of Judicial Ethics etc. In your case it is likely that the behavior of the Judge is inconsistent with the code of ethics of a Judge and we suggest that you lodge a complaint if the behavior continues.
You may wish to consult your lawyers before doing so as we might not have full details of such conduct.
Misconduct and severance pay
My company has been sued at the Commission for Mediation and Arbitration by one ex-employee who was terminated for stealing certain equipment. After termination we paid him his terminal benefits except severance pay. Although he admits to have been fairly terminated, this ex-employee now demands his severance pay as he worked for ten years. Is this employee legally entitled to this payment? Please advice.
TK, Mtwara
Section 42 of the Employment and Labour Relations Act, Act No 6 of 2004 as well as Rule 26 of the Employment and labour Relations (Code of Good Practice) Rules, 2007 Government Notice No 42 of 2007 recognize severance pay as one of the terminal benefits. Severance pay is defined to mean an amount at least equal to 7 days’ basic wage for each completed year of continuous service with that employer up to a maximum of ten years.
However the same law does not place obligation to an employer to pay severance to an employee who is terminated on grounds of misconduct. Your decision not to pay severance to the said ex-employee cannot be faulted and the claim by the said ex-employee shall on all fours fails. We advise you to present your case well at the Commission for Mediation and Arbitration in line with the aforesaid provisions of the law.