Sexual favours as a bribe

I am an adult male resident of Morogoro having several university degrees but no job. Nonetheless, I remain hopeful and keep applying for jobs. Recently, I was called for an interview by a very prominent company in Tanzania. After the interview, one of the interviewers (a lady) approached me asking for a sexual favour promising to recommend me for the interviewed job. I bluntly told her this is a bribe which is prohibited by law. In reply, this lady told me it does not apply in this case since she is a female. I am desperate for a job. Is it true that sexual favours are regarded as a bribe based on gender?
GM, Morogoro

We are sorry to hear about your troubles. Corrupt transactions are prohibited under the Prevention and Combatting of Corruption Act [Cap. 329 R.E 2022] (PCCA). For sexual favours, section 25 of the PCCA states that any person being in a position of power or authority, who in the exercise of his authority, demands or imposes sexual favour or any other favour on any person as a condition for giving employment, a promotion, a right, a privilege or any preferential treatment, commits an offence and shall be liable on conviction to a fine not exceeding TZS 5M or to imprisonment for a term not exceeding 3 years or to both.

While the law uses the word ‘his’, the prohibition also applies to females. Section 8(a) of the Interpretation of Laws Act [Cap. 1 R.E 2019] clearly guides that in any written law words importing the masculine gender include the feminine and vice versa. In that regard, the prohibition of sexual favours applies to both a male and female person being in a position of power or authority.

Vaccination of children and pregnant women

We are a Tanzanian couple expecting our first child and have been reading research findings that are against vaccination. We do not believe vaccinations are safe and we would want to avoid this if possible. Is it a legal requirement for children and pregnant women to get vaccination in Tanzania?
ES, Rukwa

Congratulations on your pregnancy. Infectious diseases are internationally monitored to avoid public health emergencies. The World Health Organisation emphasizes that it is important to get immunization where a vaccine is available. As such countries have set up requirements for immunization as recommended by scientific research, medical experts and organisations. Immunization is particularly important for children and pregnant women because of their vulnerability to diseases.

In Tanzania, the vaccination against childhood and other communicable diseases is governed by the Public Health Act, 2009 (Act. No. 1 of 2010) (the Act). The Act makes childhood vaccination a mandatory requirement in Tanzania. According to section 19(1) every parent of guardian of a child born in Mainland Tanzania shall, within 12 months from birth, cause that child to be immunized against polio, tuberculosis, diphtheria, pertussis, tetanus, measles, hepatitis ‘B’ and any other immunizable diseases which may be prescribed by the Minister in a Gazette. Further, the parent or guardian of the immunized child shall obtain an immunization card as prescribed in the Act.

Likewise, vaccination of pregnant women is also a mandatory requirement. Section 19(3) states that every pregnant woman shall, throughout her pregnancy, ensure that she undertakes immunization against tetanus and any other infectious immunizable disease as the Minister may prescribe in a gazette. We have read your concerns but cannot offer medical advice. Your lawyer and doctor can guide you further.

Carbon trading project in Tanzania

We are a company based in South Africa with carbon trading projects all over Africa. We have recently taken interest in the Tanzania carbon trading market after hearing about its great potential. What are the requirements for an investor to start a carbon trading project in Tanzania?
RD, South Africa

The legal framework for carbon trading in Tanzania consists of various laws, regulations and policies aimed at protecting the environment. The main legislation is the Environment Management Act and the Environmental Management (Control and Management of Carbon Trading) Regulations, 2022 (GN. 636 of 2022) (Regulations). The Regulations apply to all types of carbon trading projects in Mainland Tanzania. According to Regulation 24, to establish a carbon trading project in Tanzania, the project must be registered by the designated national authority which is the Ministry of Environment under the Vice President’s office. However, the Minister has delegated these powers to the National Carbon Monitoring Centre.

The next step is to obtain a project approval where the Authority will rigorously assess the project. For a project to be registered as a carbon trading project it must have the following elements: (a) be in line with national policies, laws and strategies; (b) indicate how the project shall contribute to the Nationally Determined Contributions; (c) adhere to national priority carbon trading sectors; (d) obtained a letter of consent and participation of partners engaged in the project; (e) clearance of ownership of the property involved in the project; (f) involvement of local communities in the project implementation; (g) adhere to transparency and fairness in business; (h) adhere to national investment priorities, ecological, social, cultural and  economic safeguards; (i) disclose relevant project information including costs incurred, verified emission reductions and estimated revenues; (j) indicate expected employment creation to the national experts and local communities; and (k) indicate commitment to corporate social responsibility.  We advise that you seek further legal consultation to guide you in the investment process.