Q&A – 21 February 2011
Substandard cosmetics damaged skin
I bought a lotion to lighten my skin from a shop in Kariakoo. The lotion was manufactured in South Africa and has resulted in my skin peeling off. This has caused me serious skin conditions. Who controls the importation of such lotions? What should I do? How do I go about this?
JM, Dsm
In Tanzania there is a body called Tanzania Food and Drugs Authority (TFDA). This body is empowered to control all drugs and cosmetics imported into Tanzania and has power to visit any shop or godown and inspect drugs and cosmetics being sold or stored. The authority has the power to declare any cosmetics or drugs to be harmful and ban the importation or sell of such product failure of which the trader can face payment of a fine or imprisonment.
The first step is for you to inform the TFDA about the product, where you bought it from and what has happened. The TFDA in Tanzania is known to be quite aggressive in its approach and we suggest you do so immediately.
As for suing the trader, you do have a cause of action against him and can proceed to sue. Your lawyer can also join the manufacturer based on a very famous English case- Donogue versus Stevenson. This 80 year old case established the principle of this extended liability setting out principles of what the Justice called the “neighbour” principle, which was derived from the Holy Bible, of “loving your neighbour” found in the parable of the Good Samaritan. We recommend you sue the manufacturer as well since he has a lot to lose. Not only will the lotion that he or she has supplied you be banned from the market, but the manufacturer may have all his other products also banned.
It must be pointed out that the liability of the manufacturer will depend on whether or not there was interference or alternation of the original product after the said product left the manufacturer to when it reached you. There are many intermediaries who are involved like the distributor, importer and trader and any modification by any one of these intermediaries will absolve the manufacturer of any liability.
Lastly we don’t want to talk like Doctors, which we are not, but it is a known fact that skin lightening lotions contain chemicals like Lead and Mercury which kill certain pigments in the skin and make you look fairer, though not younger. Such chemicals are associated with skin cancer and it is highly recommended not to use such products. Being fair doesn’t make you any more prettier- after all ‘beauty is in eyes of the beholder’.
Fallen out of love
I got engaged to a man I loved. In the few months after the engagement I have changed my mind and wish to call off the wedding. Can I do that? My friends tell me that I can’t as legally I am bound to marry this man. What should I do?
AM, Mwanza
To begin with you or your friends seem to think you are married- you are not. Engagement under the law is defined as a promise to marry which is usually by way of an engagement ring; the law does not force you to get married and the engagement can be cancelled, contrary to what your friends tell you. It would be interesting to note what your so called friends would opine on divorce- the strict view they have taken on the engagement may mean that they might guide others that divorce is illegal!
All said and done, if you intend to cancel the engagement and subsequently the marriage, you may be sued for damages for whatever loss that the other party has incurred in connection with the preparation of the marriage. Furthermore the victim of such an act may sue for the return of the gifts given with contemplation that marriage will take place. Be prepared for both these.
Termination because of facebook
I was a secretary in a bank in Dar es Salaam. A few months ago there was a memo sent by the management that we were not allowed to visit any social networking sites such as facebook and twitter. After some weeks I happened to be logged in to facebook and my boss saw me and warned me verbally. A few weeks later my head of department saw me and reported the same to the HR. The HR Manager called me in and held a disciplinary hearing three days later after which I was fired. Among the reason was because of the comments I posted about my employer and work place. Was this legal? I feel this was unfair because I just sneaked into face book and my performance was not bad at all in the work.
LP, Dar
We do sympathize with you on the loss of your job- we are however not as sympathetic with you on the termination as we show below.
Our employment laws stipulate a termination of an employee to be fair or unfair after yard-sticking the reason for termination and the procedure used for termination. This test is in most cases subjective.
It appears that you had once been warned about logging on to facebook during office hours. Furthermore your employer gave you an opportunity to be heard before termination and hence used the correct procedure.
Even though social networking sites like face book are fairly new in our territory, whenever they are incompatible with job activities, termination may likely be effected. The issue of you posting comments about your work place and employer in your facebook page may also be another good ground for termination.
Most employers disallow facebook login because facebook is addictive and affects ones concentration resulting in inefficiencies. Whilst it is a subjective test, we personally think that the termination was fair. However you should consult your attorneys who can understand all the facts and guide you further.