Mentally disordered person mistreated by family

My neighbour has a son who is mentally disordered. Unfortunately, my neighbour beats him, day and night, despite the fact that the son is not harmful to people or animals. What can I do to stop this habit of my neighbour? Can my neighbour be punished?
LK, Tabora

An act of cruelty against a mentally disordered person is an offence under section 37(c) of the Mental Health Act. The law clearly states that any person who by act or omission, commits any act of cruelty, abuse or neglect towards a mentally disordered person, commits an offence and shall on conviction be liable to 1 year imprisonment or to a fine of not less than TZS 500,000 or to both. In that case, your neighbour can be charged and convicted.

Section 9 of the Act also gives powers to police officers, justices of peace, social welfare officers, religious leaders, ward executive officers or village executive officers, who have reason to believe that any person within the area under their jurisdiction is mentally disordered and is not under proper care or control, to immediately cause that person to be brought to a mental health facility. There is also a requirement under the Act for Police officers or any other persons where they find that there is a mentally disordered person who is in stable condition but is cruelly treated or neglected by a person having charge of him to immediately report that fact to the District Social Welfare Officer. After receiving the report of a mistreated disordered person, the District Social Welfare Officer may cause a social assessment to be conducted and work with available mental health care facilities to improve social support structures for the mentally disordered person
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You can thus report your neighbor to the District Social Welfare Officer or to police, local authority leaders, justices of peace or religious leaders for them to take the issue for further action.

Compulsory registration of agreement of unsurveyed plot

Two years back I bought a piece of unsurveyed plot in my home town. This year somebody encroached into my plot and began constructing a house on it. I instituted a suit against him in Court but on the date of hearing when I sought to tender the sale agreement, his advocate raised an objection that my sale agreement should not be admitted because it was not registered by the registrar of documents. I would like to know if there is any law which requires an agreement pertaining to the sale of unsurveyed plot to be registered. 
RT, Arusha

A sale agreement of unsurveyed plot other than a plot held under customary law is compulsorily registrable under section 8 of the Registration of Documents Act [Cap.117 R.E 2002]. In view of section 9 of the Act, failure to register a sale agreement of unsurveyed plot other than a plot held under customary law has two effects. One, the title or interest in the plot does not pass to the buyer. Two, the sale agreement as a documentary evidence becomes inadmissible in Court for want of proof of registration.

Registration of sale agreement of unsurveyed plot is a pre-condition for its admissibility as evidence in Court. A party seeking to produce such a sale agreement as an exhibit in Court proceedings has the burden of proving to the Court that the sale agreement was registered by the registrar of title for the document to qualify for admission as a documentary exhibit. The absence of proof of registration of the sale agreement by the registrar of documents renders the document inadmissible. If you did not register the sale agreement, it is likely to be rejected by the Court under section 9 of the Registration of Document Act.

Private nursing and midwifery homes

My mother has voluntarily retired at fifty five years of age after working for more than thirty years as a midwife in government hospitals. She has opted to go to her home village where she owns a big parcel of land and wants to establish a private nursing and midwifery home. Is this allowed in Tanzania?
PP, Morogoro

Private nursing and midwifery homes are allowed in Tanzania. Registration of the private nursing and midwifery home is governed by the Nursing and Midwifery Act, 2010 (the Act). The Act requires any person who intends to establish a private nursing, maternity service or a maternity home to be operated by a licensed nurse or midwife to apply to the Nursing and Midwifery Council (the Council) for registration and licensing. On application, the Council shall not register a nursing or maternity service or a maternity home unless the Registrar is satisfied that there is a licensed nurse or midwife employed on a full time basis to operate the nursing or maternity service and who will be responsible to oversee professional issues.

For a person to qualify to establish a private nursing and midwifery home, he/she must be in a Roll of Nurses and Midwives and must be registered and served as a nurse or midwife for at least 3 years in a recognised health facility. If your mother is enrolled by the Council, and given her 30 years’ experience, she is eligible to establish and run such a private home. The Council may, if satisfied that your mother possesses the necessary qualifications and after making inspection of the area where she intends to operate and after receiving the prescribed fee, authorise registration and issue an appropriate license to your mother.