Forcing parents to buy textbooks from the school

I am a parent in Morogoro. My child’s private school requires that all parents purchase everything, including textbooks, directly from the school. They say it ensures uniformity, but the prices are much higher than in local bookstores. When I asked if I could buy the same books elsewhere, they refused, saying my child would not be allowed to attend classes without the school-issued books. This feels unfair and exploitative. I’ve heard about competition law in Tanzania when I watched a news program on something similar. Could this practice be considered a breach of that law? What rights do parents have in such situations?

EM, Morogoro

Your concern is valid. What you described is a practice that restricts consumer choice or forces customers to buy products from a specific supplier, known as a tying practice. This occurs when the purchase of one product (school services) is conditional on the purchase of another product (textbooks) from the same supplier. Such practices can amount to abuse of market power, especially if the school is the only provider of education in your area. The Fair Competition Act, Cap. 285 [R. E. 2023] governs all matters concerning trade competition in Tanzania by restricting anti-competitive practices.

The Act also establishes the Fair Competition Commission (FCC), which has the authority to investigate and penalise institutions engaging in restrictive trade practices. Parents have the right to choose where to buy textbooks. If the school insists otherwise, you can lodge a complaint with the FCC. Schools must not exploit their position to force purchases at inflated prices. This practice undermines competition and consumer welfare. Consult your lawyer for further guidance.

Reward for return of stolen property

I am a modern beauty salon owner based in Dar es Salaam. This salon was famous for its elegant interior design and bespoke services. Last month, we had an unfortunate incident and my beauty salon was mistakenly targeted. The surveillance camera did not capture anything, as the people who took items from the salon were wearing masks. I have reported the incident to the police, but so far, we have not found anything. In the hope of finding my lost property, I have posted posters at the front of the salon offering a monetary reward for the return of the lost items. A local government official removed the posters because the law does not allow such a practice. I think this is unfair. I have lost hope, please guide me.

HS, Dar es Salaam

Yes, it is true the law does not permit such kind of offers because they may increase incidences of theft. Section 113 of Penal Code [CAP. 16 R.E. 2023] states that any person who (a) publicly offers a reward for the return of any property which has been stolen or lost and in the offer makes use of any words purporting that no questions will be asked or that the person producing such property will not be seized or molested; (b) publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost property the money so paid or advanced, or any other sum of money or reward for the return of the property; or (c) prints or publishes any offer, referred to in paragraph (a) or (b), is guilty of an offence. The aim of this provision is to prevent a moral hazard. Rewarding the thief or a person who has bought stolen property sends the wrong message to the public. We are sorry about the loss you have suffered, and we hope you recover soon. For further guidance, consult your lawyer.

Landlord demanding Christmas money

I rent a small apartment in Mwanza. Every December, my landlord comes around demanding what he calls ‘Christmas money.’ He says it’s a tradition and that all tenants must pay him an extra amount during the festive season. The truth is, his demands are harassing to say the least. Last year, he threatened to evict me if I didn’t pay. I already struggle to pay rent, and this extra demand feels unfair. I want to know: is this legal under Tanzanian law? Can a landlord force tenants to pay extra money outside the agreed rent? What protection do tenants have? Please guide me.

KL, Mwanza

We have not reviewed your lease agreement. However, under Tanzanian law, particularly the Land Act Cap. 113 [R.E 2023] and the Law of Contract Act, Cap. 345 [R.E 2023], a landlord cannot impose charges outside the agreed tenancy contract. The amount of rent defined in the lease agreement is the only one recognized by law, and any additional demands, such as ‘Christmas money’, are unlawful unless expressly agreed in the lease agreement. Threatening eviction and harassing you for failure to pay such sums amounts to a breach of the right to quiet enjoyment of the leased property and could be challenged in Court. Moreover, even if you agreed to such a charge in the lease agreement; even then, the law requires landlords to follow due process for evictions, including providing notice.

You should document these demands and if necessary report the matter to the Land and Housing Tribunal in your area to seek legal redress. Your lawyer can guide you further.