Q&A – 26 January 2015
Much obliged in Court
My lawyer, whom I accompany to Court, says that I must say much obliged to the Judge when we leave otherwise the Judge can hold me in contempt and send me to jail. Is this how the Tanzanian legal system operates? He also says I must wear a suit to Court.
IP, Dar
There is no law in Tanzania that states you must say “much obliged.” It is however true that lawyers do say this all the time, but it is neither mandatory nor statutorily provided anywhere. These words are borrowed from the UK from where we have borrowed our court procedures and systems.
Your lawyer might want to gain the sympathy of the judge but his comments on being sentenced to jail for not saying “much obliged” are absurd and exaggerated. Infact we are concerned that with such trivial comments being made by your lawyer, you might need to monitor and ensure that he is conducting your case properly.
There is also no provision of the law that states you must wear a suit in Court. For advocates a suit is mandatory, but not for clients or witnesses.
All in all, you must be polite in Court, and respect the Judge’s chamber.
Discrimination at work place
We get food during lunch time but our bosses get dessert which includes ice cream which we don’t. Is this not discriminatory and a contravention of our employment laws.
FO, Dar
First you must be thankful that your office pays for the food during your lunch time. Most companies in Tanzania do not have such a facility.
There are different categories of people in any office- there is the top management, who get more benefits then others in the company. This is normal not only in Tanzania but elsewhere in the world. It would be hard to have a company with only one level of management, and there is enough research to show that such companies will not perform.
Not getting ice cream is likely due to the company’s policy of providing this additional benefit to senior management. We opine that this is likely not discriminatory. You should strive to get to senior management level with hard work, honesty and focusing on your core job rather than worrying about ice cream and dessert
Water quality minimum standards
Is there any law that covers citizens on the quality of water? I see new bottled water cropping up everyday and am concerned that they might not be meeting the minimum quality standards. Who enforces water quality?
LI, Dar
This is covered under the Environmental Management (water quality standards) Regulations of 2007 that are made under the Environmental Management Act.
Regulation 13 states that (1) A person who is supplying water shall comply with the chemical and physical limits for quality of drinking water supplies prescribed in the Sixth Schedule to these Regulations. (2) A person who contravenes these Regulations commits an offence.
The sixth schedule provides for what the water should taste like, the pH, what minerals should be in the water and at what levels, and the like. Unfortunately the sixth schedule is quite long and we are unable to reproduce it here. However we are happy to send you, or any reader, the sixth schedule for your reference. You can drop us an e mail on info@fbattorneys.com
It is the National Environment Management Council (“Council”) that is in charge of ensuring compliance. Regulation 33 states that (1) For purposes of enforcing environmental water quality standards and criteria, the Council or an environmental inspector may- (a) order or carry out investigations of actual or suspected environmental pollution including the collection of samples, records and data; (b) enter, inspect and examine any place, area, premise or any vehicle, vessel, boat, aircraft or any carriage of any description on which it has reasonable grounds to believe that the activity is or is likely to lead to violation of environmental water quality standards; (c) take necessary measures to ensure that industry and other facilities adopt cleaner technology to meet the requirements of water quality standards prescribed under these Regulations; (d) monitor emission concentration and nature of pollutants emitted; (e) make guidelines to minimize emissions and identify suitable technologies for minimization of water pollution; or (f) do or perform anything or act that is necessary for the monitoring and control of environmental pollution.
Service of documents by post
Does the law provide for how service is to be effected on a company by post? Our post office is not reliable and is this service by post still applicable?
TG, Dar
Nothwithstanding the reliability of our post office, the service by post is still good law. In fact the Interpretation of Laws Act, has a blanket clause that states in section 82(1) Where a written law authorises or requires a document to be served by post, whether the word “serve” or any of the words “give”, “deliver”, or “send” or any other similar word or expression is used, service shall be deemed to be effected by properly addressing and posting (by prepaid post) the document as a letter to the last-known address and unless the contrary is proved, to have been effected at the time when the letter would have been delivered in the ordinary course of post.
(2) Where a written law authorises or requires a document to be served by registered post, whether the word “serve” or any of the words “give”, “deliver”, or “send” or any other similar word or expression is used, then, if similar word or expression is used, then, if the document is eligible and acceptable for transmission as certified mail, the service of the document may be effected either by registered post or by certified mail.
Hence it is important that as a company you regularly check your post office box and update your records at BRELA.