Q&A – 29 October 2018
Employer wants microchip in me, wife refuses
I work in the computer industry and our company wants to keep track of all the key programmers because of the sensitive nature of our work. There is this microchip that they want to insert which requires a small incision/surgery so that I can be tracked all the time. My salary will double if I agree but I am unsure whether to proceed or not? Can I be forced to insert the microchip? My wife is also against this. Please guide.
KF, Dar
We have heard of microchips being inserted in humans for various reasons, safety being one of them, the other being convenience as you then don’t need to remember all your passwords. This may be one of the newer inventions that we are about to see.
The choice on whether you want the microchip or not is entirely yours. If you agree, you will need to enter into a formal agreement with your company on how this microchip can then be removed and under what conditions. This exit clause is very important for you.
Whether you can be forced to have a microchip, we opine that unless there are facts that we are unaware of, you cannot be forced. It will invade your private space. Remember that every inch of what you do, whether you are in the bathroom, spending time with your wife or otherwise, will be trackable by a third party, and we can see the concern raised by your wife. The doubling of salary is at the expense of your privacy and you have a choice to make. You also don’t want a bigger wallet but an unhappy wife. Remember, just like your microchip, she has an exit clause in your marriage contract.
We wish you good luck.
Substitute as prisoner
My boss, who was very close to me, is in jail. After discussions with my family, I am ready to go serve the remaining 3 years on his behalf. Which department should I contact and what documents do I need to draw to formalize this arrangement?
OT, Dodoma
We are sure that your boss will be thrilled at this proposal as there are very few people like you in this world. Unfortunately, the prison sentence that your boss is serving has been imposed on him as an individual. Going to jail is not transferable like an airline ticket or hotel booking. It is imposed on the person who is charged with the offence, otherwise there would be businesses that would provide such services, and it would be against public policy.
In short there is no department to contact or document to draw- you cannot enter into such an arrangement as it is illegal.
Hosting national flag at home
It is normal to host a National Flag at home in some foreign countries for example in India and USA. Is it allowed to host our national flag at home in Tanzania?
TT, Dar
The National Emblems Act clearly prohibits the use of our national flag or Coat of Arms in any manner that is likely to contradict with section 6 of this Act which stipulates that no person shall use the national flag, Coat of Arms or any likeness of the national flag or Coat of Arms (a) as a trade mark for any article sold or offered for sale; (b) in furtherance of or as an advertisement for any trade, business, industry, calling or profession; (c) on any article which is sold, offered for sale or intended to be sold or offered for sale; (d) on any article which is used by any person otherwise than for a purpose approved by the Minister.
Additionally, the Minister is empowered to exempt any person or class of persons from the restrictions imposed by the above-quoted section subject to certain terms and conditions.
Taking into consideration your specific question of hosting the national flag at home, the law is silent and we believe that there is no provision of the law that disallows it.
Having said that, we are aware that it is an offence to insult the national flag, which offence is punishable by fine or imprisonment for a term not exceeding two years or both. In implementing this law, section 14(g) of the Criminal Procedure Act, permits a police officer without having an arrest warrant to arrest any person who does any act which is calculated to amount to insulting the National Emblem or the national flag.
Motorcade obstruction
There was a motorcade passing and I was stopped by the police. I immediately parked my car on the extreme right hand side of the road. The motorcade took 5 minutes to pass by and after that I was put under arrest on grounds that I should have parked my car on the left hand side of the road and not the right hand side. From my knowledge, I am supposed to stop, which I did, and park my car so as not to obstruct the motorcade. I wasn’t aware of what side of the road to park on. Does the law say anything on this?
YU, Dar
The Road Traffic Act is very strict when it comes to obstruction of a motorcade. Section 43 states that (1) Any person who drives any motor vehicle or trailer in such a way as to obstruct, hinder or impede the progress of an official motorcade, or who disobeys the instruction, conveyed orally, by signals or otherwise, of any police officer or other public officer in any vehicle escorting or forming part of the official motorcade, or of any police officer or other public officer on any road or other public place along which an official motorcade is passing or is about to pass, shall be guilty of an offence.
Subsection (3) states that every driver of a motor vehicle shall upon approach or during the passing of an official motorcade on the road– (a) where the road is demarcated into one traffic lane for the direction of travel, draw the vehicle to a halt at the extreme left of the road.
Unfortunately for you, the police officer was right that you were supposed to park the car on the extreme left hand side of the road and not the right hand side. Much as you do not want to hear this, you did commit a traffic offence.