Q&A – 5 April 2021

Paternity leave for a child born out of wedlock

I do not believe in marriages and luckily am not married but have a child with my girlfriend. I have been having an argument with my employer, who is very unhappily married, that I am entitled to paternity leave notwithstanding that the child is born out of wedlock? He is confidently refusing saying that the law has no such provision to support me. He has also hinted that I should quickly get married! Please guide me on my entitlement.
UF, Dar

We are unable to comment on the argument between you and your boss on marriages. That is beyond the scope of this column. Hopefully he is not forcing you to get married as a condition of continuing your employment!

Section 34(1)(a) of the Employment and Labour Relations Act gives the right to 3 days paternity leave within any leave cycle. The law does not restrict paternity leave to children born in wedlock. The test to grant of paternity leave is that the employee applying for paternity leave is the biological father of the child and the paternity leave is sought within 7 days of the birth of the child. If employee gets 2 or more children from different mothers during the same leave cycle, he will be entitled to only 3 days paternity leave for 1 child.

In your case, since you are the biological father, you are entitled to paternity leave. However, remember this must be sought within the first 7 days of birth.

Property tax disputes

What is the procedure for challenging an assessment of property rates? Is the affected party required to follow the same procedure provided under the Tax Administration Act, 2015?
OP, Moshi

Regulation 15 of the Local Government Authorities Rating (Collection of Property Rates) Regulations, 2020 (GN No.1 of 2020) requires a rate payer aggrieved by the decision or demand notice pertaining to property rate to challenge the decision or demand notice in the same manner prescribed under the Tax Administration Act, 2015. Hence the property rate payer is required within 30 days from the date of receipt of the rate assessment notice or demand notice or rate decision to lodge an objection to the rate assessment or demand notice either electronically or manually to the Commissioner General of TRA.

Contrary to the usual way of objections under the Tax Administration Act, the property rate payer is not obliged to pay one third of the assessed rate as a condition for the admission of the objection.

Where the rate payer is still aggrieved by the final determination of property rate made by the Commissioner General of TRA, she/he may appeal to the Tax Revenue Appeals Board in accordance with the Tax Revenue Appeals Act. From there he/she may appeal to the Tax Revenue Appeals Tribunal and finally to the Court of Appeal.

Valuation of trophy parts

My relative who is a herbalist was found in possession of one horn of impala which he uses for traditional healing. He is now charged with unlawful possession of government trophy namely impala worth only USD 390. Can the impala horn have such value really? Is this value not maliciously inflated?
PP, Tabora

Valuation of government trophy is governed by the Wildlife Conservation (Valuation of Trophies) Regulations, 2012. Under Regulation 3(2) of these Regulations, the value of any part of a wild animal is calculated on the basis of the entire animal. Therefore the value of impala horn is calculated on the basis of the value of one live impala. The value of one live impala as prescribed under the First Schedule to the Wildlife Conservation (Valuation of Trophies) Regulations, 2012 is USD 390. The value of impala horn stated in the charge against your uncle is consistent with the law and not inflated or actuated by malice as you suspect.

Although the law recognises traditional medicine and traditional healing, the use of government trophy for traditional healing without a trophy possession permit does not exonerate the traditional healer from the criminal liability. A traditional healer who uses or intends to use government trophy in the carrying out of his services must seek and obtain a trophy registration certificate from the director of wildlife as provided under the Wildlife Conservation Act, 2009.

A traditional healer or anyone for that purpose who uses a horn or skin of a wild animal for traditional healing without obtaining trophy registration certificate is committing an economic offence. Unauthorised possession of government trophy is specified under paragraph 14 of the Economic and Organised Crime Control Act as an economic offence which, under section 60(2) of the same Act, attracts a minimum penalty of 20 years imprisonment.

Lending academic certificates

I am a form four leaver doing private business. My cousin is asking me to lend him my form four academic certificate as he wants to use it to apply for a job in a private company. Is this a crime? I really want to help him to secure this job as the job market is tough, and he is smarter than I am only that he could not complete his o levels due to financial reasons.
GI, Dar

It is very thoughtful of you to try to assist your cousin, but you shouldn’t as you will be committing an offence.

Lending an academic certificate to another person so that the borrower may use it to apply for an employment is an offence under section 372 and 374 of the Penal Code [Cap.16 R.E 2019]. The offence is called unlawful lending of certificate. The lender is liable to imprisonment for a term not exceeding 2 years or to a fine to be determined by the Court. The borrower is also guilty of an offence namely impersonation of a person named in the certificate contrary to section 373 of the Penal Code and is liable to imprisonment for a year.