Fortress wall in residential neighbourhood

My neighbour has built a huge wall around his property. It is so high and solid that it looks like a fortress. We can’t see inside at all, and it feels intimidating. I’m worried about safety and whether this is even allowed. Can someone just build such a wall? I am concerned about illegitimate activities in the compound? Please guide me.

AA, Arusha

It is positive that you are concerned about safety in the neighbourhood. In general, property owners in Tanzania have the right to build walls and fences around their land, but this right is not unlimited. The Urban Planning Act, Regulations, and municipal by-laws govern construction in residential areas, including boundary walls.

Typically, even wall constructions require approval and permits from local authorities, especially if they exceed standard height limits, which are usually around 2 to 3 metres. The laws specify that walls must also be structurally sound and not pose a danger to neighbours or passers-by. If a wall is excessively high or designed in a way that creates a hostile environment, neighbours may consult the municipal council to confirm whether a permit has been issued. Seek advice from your local government office for further guidance.

Landlord demanding repairs

I am renting an apartment in Morogoro Town. Our neighbourhood has been constantly flooded during the recent rains and a lot of the infrastructure in my apartment is now damaged. I have considered ending my lease and moving to another area. Last week, I notified my landlord of my intention to end the lease, but his reply surprised me. My landlord demanded that I leave the apartment in the same condition as it was when the lease began.  He further added that I repair the apartment, including the damage caused by the rain. I do not believe this is fair. Why should I repair the apartment while the damage was caused by something that was out of my control? What does the law say about this? 

FS, Morogoro

We are sorry to hear about the damage to your apartment. Since you were renting, we assume you had a lease agreement with your landlord. Lease agreements are governed by the Land Act Cap. 113 [R.E. 2023]. Usually, lease agreements contain the terms binding on the landlord and the tenant. However, even if certain terms are not stated in the lease agreement, the Land Act may consider them implied terms and thus are part of the agreement.

In regard to your question, Section 93(1)(c) of the Land Act summarily provides that it is implied in every lease that a tenant will yield up a building in the same condition as it was when the term of the lease began. However, the tenant is not bound to repair damages or restore the building to the same conditions they were at the beginning of the lease, where the damage or deterioration of the conditions is caused by reasonable wear and tear, accidents not caused by negligence of the tenant, floods, earthquakes, or civil commotion. If what you said is true, we think you can talk to your landlord about the rain damage and find a solution. Consult your lawyer for further guidance.

Biometric data collection at work 

I work for a company in Dar es Salaam, and recently, management introduced a new system that requires us to clock in using face recognition and fingerprint scanning. They explained that it’s meant to monitor attendance more accurately and reduce cases of absenteeism. But I feel uneasy and do not think this is necessary. I don’t know how my personal data will be stored, whether it will be shared with third parties, or if it could be misused. Once they have my biometric information, I feel like I’ve lost control over it. Is this legal in Tanzania, and do I have any rights to challenge it? Please guide me.

MK, Dar es Salaam

Your concern is very valid. Biometric data, such as fingerprints, facial recognition, and iris scans, are regarded as sensitive personal data under Tanzanian law. The Personal Data Protection Act, Cap. 44 [R.E 2023], sets out the framework for how employers and institutions may collect, store, and process such data. Employers may deploy biometric systems for legitimate purposes, such as attendance monitoring, but they must adhere to strict principles for personal data protection.

Firstly, the principle of consent. Employees should be informed and must agree before their biometric data is collected. Consent must be voluntary, informed, and specific. Secondly, there is the principle of purpose limitation. Data collected should only be used for the intended purpose, in this case, attendance monitoring, which is deemed a legitimate purpose, not for unrelated activities such as surveillance or profiling. Thirdly, employers must ensure data security, meaning biometric information must be stored securely to prevent unauthorised access, leaks, or misuse. Lastly, transparency is required. Employees have the right to know how long their data will be stored, who has access to it, and whether it will be shared with third parties.

As an employee, you cannot simply refuse attendance monitoring outright, but you can insist that your employer comply with the law. If they fail to do so, they risk penalties under the Act. You may also file a complaint with the Data Protection Commissioner if you believe your rights are being infringed. In practice, many Tanzanian companies are adopting biometric systems, but the law demands a balance between legitimate purpose and privacy rights. Seek advice from your human resources officer or lawyer for further guidance.