Q&A – 20 July 2020

Sister doesn’t wish to name child

My sister likes to be very different from others. For example, she got married where the dress protocol was swimwear. She then went for her honeymoon to a village where there is no power or water. She is now expecting and wishes not to name her child. Is that possible?
HG, Dar

You have a very peculiar sister and it would be interesting to see the wedding photos! However, her peculiarity has limits under the Law of Child Act which states quite clearly that a child shall have the right to a name, nationality and to know her/his biological parents and extended family. She is also required to register the birth of the child with the Registrar General and the first thing that will be asked is the name of the child. She has no choice in this instance but to choose a name.

Pretending to be a PCCB officer

My brother is charged with an offence of false pretence to be an officer of the Prevention and Combating of Corruption Bureau. What surprises me is that the offence is charged as an economic offence. Does the law make such a minor offence economic? How does that offence affect the economy? What is the penalty in case he is found guilty by the Court? What if he had pretended to be a police officer, could he still be charged with an economic offence? Please guide me as this is causing me panic attacks.
GH, Morogoro

In the year 2016 the Parliament passed the Written Laws (Miscellaneous Amendments) Act, No.3 of 2016. This law amended the Economic and Organised Crime Control Act [Cap. 2002] by adding all offences under the Prevention and Combating of Corruption Act, 2007 (PCCA) in the list of economic offences. False pretence to be an officer of the Prevention and Combating of Corruption Bureau is one of the offences under the PCCA that was added in the list of economic offences. That offence is created by section 36 of the PCCA. The only corruption offence which was excluded from the list of economic offences is bribery under section 15 of the PCCA.

The law allows the Parliament to add any offence in the list of economic offences irrespective of its effect in the economy. It is hard to understand why the Parliament decided to add a minor offence of false pretence to be an officer of PCCB in the list of economic offence and make it attract a penalty of 20 years imprisonment while excluding the offence of bribery which is a public concern with bribery still attracts a minimum penalty of TZS 500,000 or 3 years imprisonment regardless of the amount involved.

Since Act No. 3 of 2016 came into force on 8 July, 2016, the minimum penalty for any economic offence is 20 years imprisonment and the maximum penalty is 30 years imprisonment. In case your brother is found guilty by the Court he shall thus serve a minimum of 20 years in prison.

Had your brother pretended to be a police officer he would have been charged with personating a public officer contrary to section 100(b) and 35 of the Penal Code. This offence is comparatively a minor offence attracting a penalty of a maximum of 2 years imprisonment. Unlike the PCCA offence, personating a public officer is not an offence specified in the list of economic offences and hence cannot be charged as an economic offence

Cough from mining work

My brother has been working in the mining sector as an underground miner for more than 11 years. For the first 6 years he was employed by a coal mining company before he joined a gold mining company. Early this year he started experiencing severe cough as well as tightness in the chest and could not go to work. After several tests the doctors concluded that he had contracted pneumoconiosis due to inhalation of dust. He wrote to his employer claiming for compensation but to our surprise, the employer denied liability alleging that my brother is more likely to have contracted the disease during his previous employment. My brother is now helpless as his health condition has deteriorated. Doesn’t he have any redress? If there is any, what should we do to assist?
PP, Musoma

We sympathize with your brother and your family. It is important to note that in Tanzania the Workers Compensation Act No. 20 of 2008 (the Act) was established to provide employees who are injured or contracted diseases in the course of their employment with insurance coverage that will compensate them for lost wages and medical care.

For someone to qualify for the compensation, she/he must fall within the ambit of the definition of an employee. The Act defines an employee to mean any person including an apprentice but excluding an independent contractor, who works for another person or for the state and who receives, or is entitled to receive, any remuneration. On top of that, the law makes it clear that any other persons such as a trainee who in any manner assists in carrying on or conducting the business of an employer are not covered by the workers compensation fund.

Furthermore, the law clearly stipulates that where the disease is due to employment, the employee or his dependents, as the case maybe, shall be entitled to claim compensation. However, it is worth noting that the right to be compensated does not come naturally but upon meeting certain requirements. Amongst the requirements are that the diseases shall be one which is covered under the law and which relates to the occupation of a person that has been approved by a qualified medical practitioner. Also, in order to support the claim, section 63 of the Act makes it mandatory for the medical practitioner to furnish a medical report to the employer concerned in a prescribed manner.

We therefore advice your brother to follow the procedures for claiming compensation as stipulated under the Act and to submit all necessary documents so as to support his claim.