Q&A – 8 August 2022
Disciplinary powers of the head of public school
I am a teacher employed in a public primary school. In our school two teachers serve on duty for a week. Responsibilities of teachers on duty include ensuring cleanliness of the school compound and to ensure pupils are punctual. Last month I was on duty but unfortunately came late. My head teacher was very angry with me despite my defence that the commuter bus (daladala) had a breakdown when I was on my way to school. As a punishment, the head teacher ordered me to be on duty for three consecutive months. I am aggrieved with this punishment. How can I challenge this punishment?
ST, Kigoma
Section 12(2) of the Teachers’ Service Commission (the Act) vests head teachers of public schools with power to impose disciplinary sanctions other than the sanctions which warrant dismissal, reduction of rank or deduction of salary. So the punishment of being on duty for 3 months consecutively is within the domain of your head teacher though you have the right to challenge the justification and procedure for its imposition.
If you are aggrieved by the head teacher’s punishment you have a right to appeal to the Teachers’ Service Commission at the district level. A teacher aggrieved by the decision of the Commission at the district level has the right to appeal to the Commission at the national level. Finally, when a teacher is aggrieved by the decision of the Commission at the national level, he or she may appeal to the President of the United Republic of Tanzania.
Registration of a foreign doctor
I am a foreigner and my parents have been working in Tanzania with a multinational company for twelve years now. I have completed my medical school and registered as a medical doctor and practicing in my home country. Please guide me on the procedure to register as a foreign doctor in Tanzania.
RQ, Europe
Registration of medical doctors is governed by the Medical, Dental and Allied Health Professionals Act, 2017 (the Act). A body provided in the Act responsible for registration of doctors, dentists and allied health professionals is the Medical Council of Tanganyika (the Council). Generally, the Act states that a person who has completed an internship programme and has worked or practiced as a medical, dental or allied health professional shall, upon application to the Council, be entitled to full registration as a medical or dental professional. Application for full registration should be accompanied with a certified copy of completion of internship certificate and such other particulars as may be required by the Council for that purpose.
A foreigner who intends to practice as a medical, dental or allied health practitioner in Tanzania Mainland (Tanganyika), is required to submit an application to the Council together with copies of certificate of her/his qualification, certificate of registration from the registration authority of his jurisdiction, original certificate of good standing from the last jurisdiction of practice and such other particulars as may be prescribed in the regulations. However, you will also need to seek and obtain a residence permit and work permit in accordance with the laws governing the issuance of those permits for you to be able to practice medicine here in Tanzania. Therefore, a foreigner can practice medicine here in Tanzania subject to fulfilment of the requirements as stated above.
Refresher training for drivers
I am very disappointed by the traffic laws of Tanzania. I have been a driver for passengers’ vehicles for 31 years now. Last month I had a process of renewing my driving licence. However, before effecting that renewal a traffic police officer required me to undergo a refresher course at the National Institute of Transport (NIT) for a week. I attended a refresher course but it was not useful as what they taught I knew the same at my fingertips. Is it the law to undergo refresher training? It is my first time to undergo such a course.
TM, Dar es Salaam
The Road Traffic (Examination and Re-testing of Drivers) Regulations, 2015 (Regulations) require a person holding class E or C3, C2, C1 and C driving licence, upon every renewal of his licence to undergo refresher training at a recognized institution and be examined thereafter. The Regulations require a person holding any class of driving licence other than classes E or C3, C2, C1 and C to be examined at every second renewal.
Being a passengers’ vehicles driver, your driving licence falls under the mentioned C class and as such you are required to undergo refresher training upon every renewal of your licence. Therefore, the police officer was legally right to order you to attend the refresher course at NIT. If in the past you renewed your driving licence without undergoing a refresher course, that might be a leniency on the part of the law enforcers or that your past renewals took place before the inception of the Regulations. The objective of the Regulations on refresher training and retesting for passengers’ vehicles is in the interest of public safety by ensuring that the drivers are up to date with new technologies and also to test whether they are still competent since the last renewal.