Commencement of termination of employment

I have an employment contract which contains a clause of three months’ notice of termination or three months’ remuneration in lieu of notice. Last week my employer served me with three months’ notice of termination. I know the time limitation for reference of dispute to the Commission for Mediation and Arbitration is thirty days but I don’t know when those thirty days start to run in the circumstance of my case where I have three months’ notice and I am still at work. Does it start from now or from the time the three months end? I am certainly going to sue.
AS, Morogoro

Rule 10(1) of the Labour Institutions (Mediation and Arbitration) Rules, 2007 provides that a dispute about fairness of an employee’s termination of employment must be referred to the Commission for Mediation and Arbitration within 30 days from the date of termination or the date that the employer made a final decision to terminate or upheld the decision to terminate.

In your case and in our opinion the 30 days’ period of limitation will start from the first day after the expiration of 3 months’ notice because your employment will be terminated upon expiry of the notice. During this period of notice you are still an employee and are entitled to all the rights of an employee. What you have is notice of termination but the termination itself will begin after the expiry of the notice period.

Begging along a highway

There are people I see along the highway begging every day and some of them are using children to beg. Doesn’t the law address this problem?
KL, Dar

It is an offence under section 176(b) of the Penal Code for a person to place himself in a public place for the purpose of begging or causing or procuring a child for begging. Even merely standing or sitting along the highway, road or any public place at a time and in circumstances that may lead to a conclusion that the suspect is there for begging is also an offence under section 177(d) of the Penal Code. Begging or being in a public place for begging is an offence punishable with a fine not exceeding TZS 500 or imprisonment for a term of 3 months or both.

In 2019 Ilala Municipality made an Anti-begging by-law through Government Notice No.529 of 2019. The anti-begging by-law prohibits begging in the streets of Ilala Municipality and directly giving beggars money, food or anything they beg. Any help to a beggar should be channeled through an orphanage center, religious institution, center for elderly people or center for people with disabilities, although there was an outcry that the money might not directly reach those in need. Under the by-law, begging or giving help to a beggar directly is an offence attracting a fine of TZS 300,000 or imprisonment for a term up to 12 months or to both. However, the Municipal Director has the power under the By-law to compound the offence of begging or helping a beggar directly by imposing a fine of TZS 200,000.

Although the law is very clear, begging is still a problem in our cities, perhaps because the law is not strictly enforced or because the penalty imposed by the law is not large enough.

Time limitation in criminal matters

Two years ago during Christmas day at night while we were in a bar drinking, someone insulted me. I reported the incident to the Police and before the suspect was arrested, he fled. I am now informed that the fugitive is coming back home for Christmas this year. I would like to know if he can still be prosecuted for the offence of insulting me which he committed two years ago.
MM, Mwanza

Under section 241 of the Criminal Procedure Act, a charge of an offence whose maximum penalty does not exceed imprisonment for 6 months or a fine of TZS 5000 cannot be instituted after the expiration of 12 months counted from the date of commission of the offence. The offence of use of insulting language contrary to section 89(1)(a) of the Penal Code is punishable with a maximum of 12 months imprisonment. For that reason, the offender can be still be prosecuted for the offence he committed 2 years ago. Had the punishment for using insulting language been 6 months, you would have been out of time! You are not and may proceed push for charges.

Noise from the bar

There is a bar in the street I reside in which, whenever Yanga and Simba play, fans make a lot of noise by shouting, laughing, whistling, clapping, yelling and some are even hooting. What legal action can I take to stop this? It seems whoever I approach supports one of these teams.
KM, Moshi

We are not surprised that whoever you approach supports these teams. Even the two writers working on this particular column, each one supports one of these teams. However, that does not help you!

The Environmental Management (Standards of Control of Noise and Vibration Pollution) Regulations, 2015 regulates the maximum level of noise permitted in a residential area which is 60 decibels from 6 am to 10 pm and 40 decibels from 10 pm to 6 am.

Noise exceeding that level can only be tolerated if it persists for few minutes which does not seem to be the case here. An occupier or owner of a bar who causes or allows emission of noise from his bar that is beyond the permissible noise level commits an offence. It is the duty of the occupier or the owner of the bar to ensure the noise emitted from his bar does not exceed the prescribed permissible noise level. An operator or occupier of a bar whose business is likely to emit noise in excess of the permissible noise level is required to apply to the Director of NEMC for a licence to emit the noise in excess of the permissible level. In granting the licence, NEMC will require the operator to install sound level meters at the premises and may provide maximum time after which there should be no noise beyond the levels provided for by law.

Based on the facts, you may report this to the environmental officer of the District Council, Municipal Council or City Council in the place you are residing. The Regulations vests powers on the environment officer to issue stop orders or protection orders against breaches of the Regulations.