Q&A – 3 May 2021

Careless spread of Covid

Is there any specific law for Covid-19? If a person who has contacted a Covid patient goes to the public without wearing a face mask or he shakes hands with others and infects them, can that conduct amounts to any crime known under our laws? I know of a fellow employee who knew he was positive yet kept on coming to the office.
OD, Dar

There is no specific legislation addressing the covid pandemic in Tanzania. However, the Public Health Act, 2009 creates the offence of careless or deliberate exposing others to the risk of contracting infectious or notifiable disease. In view of section 16 of the Public Health Act, any person who knows or has reasons to suspect that she or he is infected with a notifiable or infectious disease likely to expose others to the risk of infection, goes to the street, public place, public transport, vehicle, place of entertainment, assembly, club, hotel, restaurant, shop, premise or other places or conducts himself in a manner that exposes others to the risk of infection commits an offence.

Other conducts that constitute an offence under section 16 are (i) attending a patient suffering from notifiable or infectious disease in a manner that exposes others to the risk of being infected by the patient (ii) lending or giving or exposing another to the clothing, bedding or articles used by a person who is suffering from notifiable or infectious disease without prior disinfection, and (iii) leasing or renting premises where there is a patient or there has been a case of infectious or notifiable diseases without prior disinfection.

Covid would fall under the list of international notifiable diseases and the punishment for the offence under section 16 is a fine not exceeding TZS 1 million or imprisonment for a term not exceeding 12 months.

Marrying while in secondary school

My son is a form five student in a private school and just turned 19. I want him to marry before he completes his form six because I wish to have a grandchild and he is the only child I have. Considering he is above 18, can I proceed?
PT, Mwanza

Generally, marriage in Tanzania is governed by the Law of Marriage Act [Cap. 29 R.E 2019]. Under section 13 and 17 of this law, the minimum age of marriage is 18 years for males and 15 for females. A male or female under the prescribed minimum ages of marriage can marry only with consent of the father, mother, guardian or with leave of the Court. However, it is important to note that in 2019, the Court of Appeal in the case of Attorney General v. Rebeca Z. Gyumi, Civil Appeal No.204 of 2017 declared that the minimum age of marriage for both females and males to be 18 years.

However section 60A(1) of the Education Act [Cap.353 R.E.2002] as amended by the Written Laws (Miscellaneous Amendments) Act No. 4 of 2016 prohibits a primary or secondary school boy from marrying whether the female whom the school boy intends to marry is his fellow pupil/student or not. It does not matter also that the primary or secondary school boy who intends to marry and the female he intends to marry are both above the age of eighteen. The prohibition is based only on the fact that the boys is pursuing primary or secondary school whether in a private or public school.

Where a primary or secondary school boy marries a woman, both the school boy and woman married are guilty of an offence under section 60A (1)(a)(b) and (2) of the Education Act and both the husband and wife are liable to imprisonment for thirty years.

Whoever aids, abets, counsels or solicits a primary or secondary school boy to marry while the child is still pursuing his education is also guilty of an offence of aiding a school boy to marry contrary to section 60A(4) of the Education Act. The offence of aiding a school boy to marry attracts a minimum fine of TZS 5M or imprisonment for a term of 5 years or both a fine and imprisonment.

Pension to inmates

My father worked for the Government until he retired at the age of 60 years. He was paid a lump sum amount and was then under monthly pension. In September last year he was convicted of an offence that he committed after retirement and since third quarter last year the Pension Fund has stopped paying his monthly pension.  What can I do to move the Pension Fund to resume paying my father’s monthly pension? The Pension Fund seems to be happy not to continue paying him as that is a cashflow saving for them.
FG, Tanga

Section 45 of the Public Service Social Security Fund Act, 2018 gives power to the Board of Trustees of PSSSF to direct all or part of the pension payable to a pensioner who is incarcerated to be paid to his/her child, spouse or dependent. The child, spouse or dependent has to write a letter to the Director General of PSSSF asking the Board to direct payment of all or part of the pension to be paid to him/her. After receiving the application, the Board shall consult the inmate pensioner in writing to confirm if he/she consents to the payment being diverted.

If the inmate pensioner is discharged from the prison as a result of acquittal by an appellate Court or by a pardon given by a Parole Board or President, the Board of Trustees is then required to restore the payment of pension to the pensioner.