Dinner date cost me

I live in an apartment within a prime commercial property near the Indian Ocean, owned by a real estate company. My lease is not due for another 12 months. A controversy erupted when a man, who is a shareholder in the company that owns the property, asked me out for a dinner date, which I outrightly refused. When he discovered I lived in the building, he sent me an eviction notice that he had issued himself. I explained to the property manager that the eviction was unjustified. The manager still argued that the property is a personal investment, which entitles the shareholder to evict me unless I accept the proposal. In hopes of resolving the matter, I attempted to call the man to accept his invitation. To my dismay, he refused me and even mocked me, saying I could not enjoy his property and humiliate him. Does this man have a legal right to evict me? Please guide me.
JB Dar es Salaam

We regret to hear about the difficulties you are encountering. It is unfortunate that a dinner date led to this situation. The legal doctrine of corporate personality distinguishes a company’s assets from those of its shareholders. The real estate company remains a separate legal entity, meaning its assets belong to the company and not to him personally. The Companies Act, Cap. 212 stipulates that once incorporated, a company becomes an independent legal person. Shareholders, (even if the case was majority ownership), cannot treat the company’s property as their personal assets. This man’s claim overlooks this fundamental doctrine.

Tanzanian courts have upheld that a shareholder cannot circumvent the corporate structure to claim direct ownership of company property unless fraud or misuse is established. Therefore, in Tanzania, companies remain legally distinct from their owners. In this context, the man has no legal right to evict you despite ‘apparently’ owning the property; remember he owns shares in the company that owns property and doesn’t directly own the property. Concerning your rights as a tenant, the Land Act Cap. 113 (R.E. 2019) allows for the termination of a lease due to a breach of covenant in the lease contract or for failure to pay rent. If this were the case, the real estate company would need to notify you of their intention to terminate the lease at least 30 days in advance. It is advisable to seek legal counsel for further guidance.

‘Sick day’ turns to vacation scandal

I am a senior accountant at a renowned accounting firm facing disciplinary action after calling in sick, only to be seen vacationing at a luxury beach resort on the same day. I reported flu-like symptoms to my direct supervisor, who permitted me to take the day off. While returning home, I was contacted by a friend who required urgent assistance in preparing for an accounting exam. Understanding the importance of responsible professional conduct, I initially declined due to my illness, but she insisted, explaining that she had booked a quiet study environment at a beach hotel. Prioritising my health, I purchased medication and proceeded to the location, where I assisted her while resting. After two days of feeling unwell, I returned to the office. To my surprise, pictures emerged of me enjoying a buffet by the beach. I discovered my friend had posted them on her social media, thanking me for my help. The photos shared on social media reflect a brief moment during the study session and do not accurately represent the nature of my sick leave. At no point did I misuse my approved time off or engage in activities inconsistent with the sick leave. The managers found out, and I am now in trouble. Will I face legal consequences? Please help me.
AM, Tanga

This is a tricky situation that illustrates the impact of social media on our daily lives. Companies typically grant sick leave for legitimate health issues, not personal getaways. In such cases, misrepresenting an illness can amount to dishonesty or fraudulent conduct, possibly leading to disciplinary measures, including a formal warning, suspension, or termination. Tanzanian labour laws recognise fraudulent behaviour as grounds for dismissal.

The Employment and Labour Relations (Code of Good Practice) Rules, 2007 outline the grounds for dismissal when an employee has committed serious misconduct, such as fraud, gross negligence, or absence from work without permission. Nonetheless, dismissal must be fair and lawful, meaning it must be based on valid reasons and follow proper procedures. If what you have said is correct, then explain this to your manager and the human resources officer to find a solution. If the matter escalates, consult your lawyer for further guidance.

Person using my identity online

I recently discovered someone using my identity on various social media platforms. I have politely asked them to stop, but they have refused. The impersonator claims it is not a crime since there is no physical harm. Is this true? What does the law say about impersonating another person online?
JM, Lindi

We are sorry to hear about this. Impersonating another person online is a criminal offence. According to section 15 of the Cybercrimes Act (Act No. 14 of 2015), it is prohibited for anyone to use a computer system to impersonate another individual. A person who does so commits an offence and is liable, upon conviction, to a fine of not less than TZS 5M or three times the value of any undue advantage received, whichever is greater, or to imprisonment for a term of not less than 7 years, or both. There is no requirement for physical harm to be present to hold an impersonator accountable. Since this is a criminal offence, you are advised to report this individual to the police for further action. Your lawyer can provide additional guidance.