We concur with you that the habit of parents involving their children in their smoking habits is not good and should be discouraged. To begin with please note that it is illegal to sell cigarettes within a school compound. Section 11 of the Tobacco Products (Regulations) Act, 2003 (the Act), unambiguously prohibits a person to sell tobacco products within the grounds or within the premises of a school providing primary or secondary education. The law further prohibits selling tobacco products within the grounds or within a health care establishment or a social services institution. Prohibited also, is selling tobacco products within the grounds or within child care centres or in public places and other places specifically set aside for persons under 18 years of age. However, selling of tobacco products in social services institutions is not prohibited for membership clubs and clubs performing social functions or activities.Further, the act of the school shop attendant selling cigarettes to children under the age of 18 years is contrary to the provision of section 8(1) of the Act. The provision requires every seller of tobacco products to post in a conspicuous place signs in the prescribed form and content, as may be specified by the Minister being in Kiswahili and English, that informs the public that the sale or giving of a tobacco product to a person under the age of 18 is prohibited unless the seller is exempted by the regulations made under the Act from that requirement to post the signs. Thus, the shop attendant was prohibited by law to sell cigarettes to the children irrespective of whether they were buying the same for their own consumption or for consumption of their parents.

Failure by a shop attendant to post the sign indicating that cigarettes are not sold to children under the age of 18 years is contravention of the Act and on conviction the shop attendant or the school is liable for payment of a fine not exceeding TZS 2M or to imprisonment for a term not exceeding 2 years. The act of the school to sell cigarettes in a school shop is also illegal. On conviction the school or shop attendant is liable for payment of a fine not exceeding TZS 500,000 or to imprisonment for a term not exceeding for 1 year. The law further states that any person who commits or continue an offence under the Act on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continues.

I have seen several times in newspapers and other media, people blaming nurses and midwives for using abusive language to expectant mothers. Recently it happened to my wife. The nurse told my wife in my presence: “It is too much, can’t you stop”? I want to teach the nurse a lesson. I want to sue the nurse in Court, among other orders, to seek orders for her deregistration. Please advise me.

We are very sorry for what happened to your wife. Unfortunately, Courts have no original jurisdiction to entertain complaints against nurses and midwives. The disciplinary procedure for nurses and midwives is governed by the Nursing and Midwifery Act, 2010 (the Act). Before going to Court the Act requires you to report the incidence to the Registrar of the Nursing and Midwifery Council (the Registrar). The Registrar receives complaints on behalf of the Council against any nurse or a midwife on her unfitness to practice. Section 25(2) defines “unfitness to practice” to mean a nurse or a midwife whose fitness to practice is impaired by reason of professional misconduct; lack of competence; a conviction for criminal offence; his/her physical or mental health is impaired or a determination by a Medical Board in Tanzania or any other licensing body responsible for health regulation in any other jurisdiction. According to section 25(3) (c), abusing a client verbally, physically, sexually or emotionally is reckoned as one of the acts of professional misconduct. For that matter, the nurse who used abusive language against your wife can be reported to the Registrar disciplinary action by the Council.

The Council after due inquiry made in accordance with the provisions of the Act may order the removal of the name of the nurse or midwife from the register or roll; order the suspension from practice of the nurse or midwife for a period that it may deem fit or caution, censure or otherwise reprimand the nurse or midwife. A person aggrieved by the decision of the Council may appeal to the Minister responsible for health matters. Ultimately, a person aggrieved by the decision of the Minister may, within 3 months, refer the matter to the High Court. Our guidance is for you to follow the process above.