Q&A – 3 September 2012

Work on a public holiday

I work with a certain ministry in Dar es Salaam and during Easter holidays my boss called me to the office for some urgent work. I had no choice but to comply. Can I be called on a public holiday like this?

The Public Holidays Act states clearly that it shall be lawful for the head of any Government department to open offices and works thereof and to call any persons employed in such department to perform such of their duties on a public holiday as he may deem fit. Thus if it was the head of your department who called you, he or she is entitled under the law to open the offices and call any person employed in the department to work. You also mentioned that the work was urgent which gives your head of department more so a reason to call you in.

Earnings from prostitution

My neighbor lives with a number of women in his apartment. That does not bother me but what goes on in his place really worries me and my family. I believe those women are prostitutes because so many weird men come each night and leave in the morning. I cannot afford to move but isn’t prostitution illegal in Tanzania? How do I end this legally before I shoot somebody?

First be informed that if you shoot somebody, it is a criminal offence and if you end up killing such person you shoot, you can be hanged to death.

Coming to your question on prostitution, yes it is illegal in Tanzania and a criminal offence. The women are guilty of the offence of prostitution and the man they work for is guilty of living off the earnings of prostitution. It is illegal for any person to keep prostitutes and live off their earnings. You can report the matter to the police who can take this up.

Confusion of laws

I am confused when and how laws come into operation in Tanzania. For example I know that the amendment to the Companies Act which allows a company to have one shareholder has been passed in parliament but not yet in force. Please guide.
OP, Dar

The Interpretation of Laws Act states that every act shall come into operation on the date of its publication in the Gazette or, if it is provided either in that Act or in any other written law, that it shall come into operation on some other date, on that date.

If further adds that where any written law, or portion of a written law, comes into operation on a particular day, it shall come into operation at the beginning of that day. Where an Act provides that the Act, or portion of the Act, is to come into operation on a day to be fixed by notice, that provision and the provision providing for the short title of the Act, unless it is otherwise expressly provided, shall come into operation on the day on which the Act receives the Presidential Assent.

The amendments to the Companies Act will only come into force when the President signs and such signing by the President, to the best of our knowledge, has not taken place. Hence as of the printing of this column you cannot register a company with one shareholder.

Discotheque allowing children

There is a disco club in Dodoma that allows young children to enter. Everyone knows what goes on in such clubs. Is there no law that prohibits this? What can be done?
IT, Dodoma

One of the laws that has addressed this is the Law of Child Act which is clear in that a person, being an owner or occupier who runs or is in-charge of a discotheque, bar or night club, shall not allow a child to enter into the premises. A person shall also not sell cigarettes, alcohol, any spirit, drugs or any intoxicating substance to a child.

This law provides that such a person who contravenes the provisions of this section, commits an offence and shall on conviction be liable to a fine not less than one million shillings but not exceeding five million shillings or to imprisonment for a term not exceeding twelve months or to both.

We suggest you report this to the police.

Renewal of prospecting licences

I am a Tanzanian national with many prospecting licences in the western region of Tanzania some of which are about to expire. Is the right to renewal automatic? What do I need to do?
IK, Dar

Under the Mining of 2010, a Prospecting Licence (PL) is valid for an initial period of 4 years. Where application for renewal has been made by the holder in the prescribed form, for the first period of renewal for which the applicant has applied, a period not exceeding 3 years may be added. The second renewal is for a further period of 2 years. Hence your PL maybe renewed as above but you must not be in default of the conditions of the PL.

The PLs also require the holder, amongst others conditions, to spend a minimum amount on the area he or she has the PL rights over. This is one of the conditions that most PL holders are likely to be in default of and you should carefully look into this as the Ministry may raise this as a ground to deny renewal.

Your renewal for the PL must be made one month before the expiry date of the PL, and the obligation of the licensing authority to renew a prospecting licence is subject to the condition that the holder is not in default and that the holder has relinquished, in the case of a first renewal, fifty per centum of the area held during the initial prospecting period. Hence on renewal the area you will get under the PL will be halved.