Social media on office computer

I work for a consulting firm based in the city. The company provides us with laptop computers to carry out our work. I downloaded a social media app on this computer and used it strictly after office hours to communicate and catch up with friends. One day, I complained to my closest friends about my boss, only to have my boss call me the next day to discuss the issue. I was shocked and wanted to find out how he knew about what I said. I later discovered that he accessed my social media through the work computer. I believe this is a breach of my privacy. Do I have a good case against my boss? Please guide me. 
JK, Mwanza

This is a complex situation that requires a balance of rights between employers and employees. Generally, employers have the right to monitor their employees’ use of the Internet on computers owned by the employer during employees’ on-duty hours. However, employees also have the right to privacy, as guaranteed under Article 16 (1) of the Constitution of the United Republic of Tanzania of 1977, which states that every person is entitled to respect and protection of their privacy, the privacy of their own life, their family, matrimonial life, and the respect and protection of their residence and private communications. Some companies have clear policies and guidelines to manage social media usage on company devices. In some cases, the company may restrict after-hours use of company devices, mainly when it involves social media and private communications. Since you have not provided all the facts, we can only assume that there was no policy in place.

Our general comment is that private communications are restricted on company devices, as these devices are intended for work-related matters and communications. Therefore, if an employee uses a work device for private communication, the employer will not be considered to have interfered with the employee’s privacy, as it is understood that the employer has the right to access work devices. We have not had a case of this nature in our Courts. However, a recent decision in Uganda favoured the employer on the grounds that there was no breach of privacy when employees used social media on company devices. Your lawyer can provide further guidance.

Denied to say personal vows in ceremony

I recently got married in a religious ceremony. My fiancé and I had written our personal vows, hoping to exchange them during the ceremony. Unfortunately, our marriage officiant denied us the opportunity to say our personal vows and insisted we adhere to the religious script, claiming that Tanzanian law does not permit personal vows in a marriage ceremony. Is this true? Please guide me.
ED, Dar es Salaam

The Law of Marriage Act governs matters of marriage [CAP.29 R.E. 2019] (LMA). The LMA outlines the process of contracting marriage, which includes the wedding ceremony. Section 25 of the LMA states that marriage may be contracted in Tanzania in a civil form; where both parties belong to a specified religion, according to the rites of that religion; in Islamic form; or in accordance with customary rites in cases where both parties belong to communities that observe customary law.

The law does not prohibit the exchange of personal vows. However, it is essential to understand the specific guidelines and requirements regarding vows for your particular type of ceremony. Consequently, the expression of personal vows depends on how the marriage is conducted and contracted. For religious marriage ceremonies, the rules regarding personal vows may vary based on the specific traditions of the religion. Some faiths may strongly encourage or even require the recitation of traditional religious vows, while others may allow couples to create their vows. For civil marriages, couples may choose to exchange personal vows during the ceremony, following the official segment.

According to Section 29 of the LMA, marriages in civil form may be contracted in the following manner: (a) the intended husband shall say to the intended wife words to the following effect, either in English or Kiswahili— “I (giving his name) take you (giving her name) to be my wife, ” and the intended wife shall say to the intended husband words to the following effect, either in English or Kiswahili— “I (giving her name) take you (giving his name) to be my husband.” The marriage shall then be complete, but the parties shall be free to add any additional rite. Consult your marriage officiant for further clarity. Congratulations and best wishes.

Unsolicited advertising emails

I am a graduate student at one of the country’s prominent universities. I have a problem with my email space being filled with advertisements. As you may know, email service providers have recently restricted the free storage space, forcing users to perform storage space clean-ups more frequently. I have noticed that my email space is occupied by advertising emails, which I do not recall subscribing to.  Most emails originated from telecommunications and finance companies which were attempting to sell their products. I would like to know if there is a law regulating this type of irritating advertising. Please guide me.
RN, Dodoma

We are sorry to hear about your email troubles. Yes, there is a law regulating email advertisements. Sending unsolicited advertising emails is not permitted in Tanzania. Section 32 of the Electronic Transactions Act, 2015 states that a person shall not send unsolicited commercial communication on goods or services unless- (a) the consumer consents to the communication; (b) at the beginning of the communication, the communication discloses the identity of the sender and its purpose; and (c) that communication gives an opt-out option to reject further communication. Your lawyer can guide you further.