Q&A – 5 January 2026
Demanding inheritance early
I am a 25‑year‑old man from Mwanza. I sought employment after graduation but found none. This has made me question my decision to pursue a degree rather than focus on business. My parents own several farms and houses and I want my share of the inheritance now because I plan to start a business. After all, I am the only child, and everything will eventually be mine anyway. Can I force them to give me my portion while they are alive?
JO, Mwanza
Employment is difficult to obtain these days, and many youths have resorted to self-employment, including starting their own businesses. Your decision to start your own business is good, however, you cannot force your parents to give you your inheritance. When it comes to inheritance, the governing framework is the Probate and Administration of Estates Act, Cap. 352 [R.E 2023] and related succession laws depending on the religion and custom of the individual concerned.
Under succession law, succession rights arise only upon the death of the property owner. However, this may not always be the case. Parents may gift or transfer property during their lifetime, but such transfers are entirely voluntary and are legally recognised as gifts inter vivos. Inheritance is not a debt owed to you while your parents are alive. Attempting to compel them could constitute harassment, which may sever your relationship and has no legal basis.
If you want early access to your inheritance, the lawful path is through a gift deed or a transfer agreement executed voluntarily by your parents. Here, a good conversation about your plans to start a business with your parents can pave the way for them to assist you with gaining part of their property. Otherwise, you must wait until succession proceedings after their passing. Consult a lawyer for further guidance.
Abortion to save mother’s life
I am a doctor based in Dar es Salaam, but was trained abroad for all my medical degrees. I recently treated a woman with severe pregnancy complications. Her baby had a chromosomal defect that would make life difficult. This condition also affected the mother, her blood pressure was dangerously high, and continuing the pregnancy could kill both her and the child. I was concerned that the doctors allowed such a high-risk pregnancy to progress. In our medical training abroad, such a case warrants termination. I feel bad for this woman and want to recommend a termination, but I was wondering if abortion is legally permitted in Tanzania in such cases?
AC, Dar es Salaam
Your question raises not only legal but also ethical, religious, and cultural concerns in Tanzania. Generally, abortion is a taboo topic and strictly prohibited regardless of the circumstances in some cultures and religions. As legal experts, we will confine our advice to the law.
The Penal Code, Cap. 16 [R. E 2023] sections 150 – 152 criminalises abortion in general, but provides an exception when performed by a qualified medical practitioner to save the life of the mother. Section 230 of the Penal Code provides that a person is not criminally responsible for performing, in good faith and with reasonable care and skill, a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother’s life if the performance of the operation is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case.
In your case, if medical evidence shows that continuing the pregnancy poses a real risk of death, abortion is legally defensible. Remember, a licensed physician must conduct it. Further, it must be adequately documented as medically necessary and strictly limited to preserving the mother’s life. The law is clear: abortion is prohibited except to save the mother’s life, so you must ensure compliance with medical and legal standards. However, it is also good to involve a social worker as the recommendation to terminate affects the woman’s choice, beliefs and family dynamics, which require careful psychological support. We don’t want you to find yourself in trouble. Consult the hospital lawyer for further guidance. Usually, there are protocols to be followed in medical cases that raise legal concerns.
Ward council summoned me over labour dispute
I run a small transport company in Tabora. One of my drivers repeatedly had conflicts with management regarding late arrivals and misuse of company fuel. After several warnings, we terminated his contract. The ward council has summoned me on behalf of the company to appear in response to the complaint regarding the alleged unfair termination. Is this the appropriate forum for labour disputes? Do I have to attend? More importantly, if I do heed their call, what does this mean for me?
SR, Tabora
Legally, employment disputes are governed by the Employment and Labour Relations Act, 2004 (Cap. 366, [R. E 2023] and the Labour Institutions Act, Cap. 300 [R.E 2023] together with their Regulations. These laws establish the Commission for Mediation and Arbitration (CMA) as the proper forum for labour disputes. If the employee claims unfair termination, the matter must be referred to the CMA, not the ward council. We believe your former employee was not well informed about the appropriate forum and, out of ignorance, presented his complaint to the ward council. Nonetheless, and as a courtesy, you should attend and inform them accordingly.
Ward councils in Tanzania often act as community reconciliation forums, especially when disputes spill into the local community. While they cannot enforce employment law, ignoring the summons could escalate tensions and send the wrong message. We advise you attend the ward council to show respect, explain that you followed due process (warnings, documentation), and clarify that the CMA is the lawful body to resolve employment disputes. This way, you maintain community goodwill while protecting your legal position and corporate reputation. Be sure to attend the council meeting with your lawyer.


