Gold found during renovation 

I was carrying out a house renovation in Geita, and during some foundational work, I uncovered gold that locals say is abundant in Geita. The homeowner insists that the gold belongs to her since it was discovered on her land. However, I believe I should at least receive a share, as I am the one who used my equipment and uncovered it. What does the law say? I would like to be recognised for my efforts. Please guide me.
DF, Geita

We will disappoint you both much as this is a fascinating situation. According to Tanzanian law, the gold cannot be claimed by either party. The answer lies in the Mining Act, Cap. 123 [R.E. 2019], specifically under section 5 which provides that all minerals found in Tanzania are the property of the United Republic of Tanzania vested in the President as a trustee on behalf of the people of the United Republic. Even if the discovery involved the use of personal equipment, the gold is a property of the state. Any person who discovers minerals on their land is required to report the find to the Commissioner for Minerals. Failure to do so may result in legal penalties. In this case, both you and the homeowner are under a legal obligation to report the discovery to the relevant authorities. Neither party may profit from the find privately. Consult your lawyer for further guidance.

Government job while running for MP

I am a young woman working as a junior officer in one of the ministries. I have worked in public service for three years now, and want to serve my constituency as a Member of Parliament. Yesterday, a photo of me taking the MP contesting form from the party offices was shared on social media. My boss saw it and immediately sent an email stating that I must resign first. I told my boss I thought I could take leave and return to my job if I lost. I also informed him that the leave forms had been signed and received by the human resources officer the previous week. Do I really have to resign to stand in elections? I was beginning my career in the government and thought becoming an MP was an extension of my desire to serve in the government. Please guide me.
EM, Dodoma

This is election year in Tanzania, and it is encouraging to see Tanzanian youth showing interest in serving their country. Yes, under Tanzanian law, public servants are required to resign before participating in electoral politics. The Standing Orders for The Public Service 2009, Third Edition, states that while some public servants, such as those in the Ministry, are permitted to participate in politics, they shall do so with restrictions. Order F21(a) specifies that a public servant must not be employed by or hold office in any political party while still in public service. This rule ensures impartiality and prevents misuse of public office for political reasons. The National Electoral Commission (NEC) also requires a formal resignation letter to accompany a nomination. Taking unpaid leave or an administrative sabbatical does not meet these legal requirements. Engaging in politics while still employed as a civil servant may lead to disqualification from the election and potentially result in disciplinary action. Therefore, you must formally resign before the nomination deadline if you wish to stand as a candidate. Consult your lawyer on your options.

Customer personal data

We are a new tech-driven delivery startup operating in Arusha and planning to roll out both a web platform and a mobile app to allow customers to order fresh produce and local goods. As part of the app experience, we intend to collect personal data such as names, locations, order history, and preferences to enhance recommendations and speed up service. We might also use the data to partner with other vendors or for analytics in the future. Are there specific legal restrictions in Tanzania that we must comply with before implementing this? We are committed to ensuring that we protect customer privacy and build trust.
NM, Arusha 

It is encouraging to see that you are mindful of the importance of privacy and personal data protection. In Tanzania, the legal regime governing this area is primarily anchored in the Personal Data Protection Act No. 11 of 2022. This Act provides comprehensive rules concerning how personal data may be lawfully collected, used, and disclosed. More specifically, section 25 of the Act stipulates that personal data may only be used for the original purpose for which it was collected. If your company intends to use customer data for a different purpose (for example, data analytics, promotional partnerships, or other forms of commercial profiling), such use will only be permitted under certain legal exceptions. These include situations where the data subject has provided informed consent, where the alternative use is authorized or required by law, or where the secondary use is directly related to the original purpose. Additionally, the law permits use in anonymized or statistical form, or where the data must be used to prevent a serious and imminent threat to someone’s life, health, or public safety.

Furthermore, you must be aware that the law strictly regulates the sharing or disclosure of personal data to third parties. Unless one of the aforementioned conditions is met, such disclosure is prohibited. In addition, under the Personal Data Protection (Personal Data Collection and Processing) Regulations, 2023 (GN No. 449C of 2023), a person or entity cannot lawfully collect or process personal data unless registered with the Personal Data Protection Commission as either a data controller or a data processor. Regulation 4 clearly outlines the requirement for registration and provides the procedure to be followed, including submission of a formal application to the Commission.

In view of the above, it is essential that your company defines clearly what types of personal data it intends to collect, the purposes for which such data will be used, and how data subjects (your customers) will be informed and protected. You must also ensure that registration with the Commission is completed before you begin data processing operations. As a best practice, consider preparing a detailed privacy policy and obtaining users’ explicit consent at the point of data collection—particularly for any intended future uses beyond basic service delivery. We recommend consulting with a legal practitioner or the Personal Data Protection Commission directly to help align your digital strategy with Tanzania’s evolving data protection framework.