Waiting in traffic for Minister

I have tried to be patient, but my patience has run out. In the morning there is a particular Minister who drives his car on the wrong side of the road on the bridge and at times cars are stopped by police to allow the Minister’s car to pass. I sit there in the heat, tired and frustrated, watching the long line of ordinary citizens held back while the road is cleared for a few cars. I lost an important client this week just because I was stuck in traffic waiting. It cost me my business, and now I don’t know if I will ever recover. This feels like favouritism, as if our time and dignity mattered less. I believe our country is governed by a Constitution that considers all citizens as equals. While I am not a lawyer, I think it is unfair and legally wrong to do this to ordinary citizens. I cannot help but wonder: are we not all equal under the law? Is there really a legal basis for stopping civilians just so leaders can pass? Please enlighten me.

JM, Dar es Salaam

We understand your concern and sympathise with you for the time spent waiting in the heat. However, we must clarify that everything, including laws, must be balanced and considered for each specific situation. It is true that the Constitution of the United Republic of Tanzania, 1977, explicitly guarantees that all persons are equal before the law. Article 12 affirms the equality of human beings, and Article 13 provides that every person is entitled to recognition and respect of their dignity, and to equality before the law without discrimination.

When it comes to road safety and traffic control, the Road Traffic Act [Cap. 168 R.E. 2023] (the Road Traffic Act) empowers traffic police and authorized officers to, among other things, regulate and control traffic on public roads. Under this law, officers may stop vehicles, restrict movement, or clear roads whenever necessary to ensure safety, maintain order, or facilitate official functions. In practice, this authority is exercised when senior government leaders such as the President, Prime Minister, or other dignitaries are travelling in convoys. Nonetheless, when traffic police stop ordinary vehicles to allow leaders’ convoys to pass, it is not because leaders are ‘above the law.’ Instead, it is an exercise of traffic management powers under the Road Traffic Act, which is justified by security and public order considerations. Constitutionally, leaders remain equal citizens, but their official roles sometimes require special safety arrangements. In such situations, ordinary civilians are therefore required to comply with police instructions. Refusing to stop when directed by traffic officers constitutes a traffic offence, punishable by fines or imprisonment.

The Minister’s unsupervised car driving on the wrong side of the road might, however, be an overstretch of the flexibility of the law especially if it is daily and consistent.

We hope this clarifies your concerns and wish you all the best in your business. In case of further assistance, your lawyer can guide you further.

Subleasing an apartment

I am considering starting an Airbnb business in Tanzania. My plan is to rent apartments and then lease them out to short-term guests through the Airbnb platform. I successfully ran a similar model in Dubai, where I earned good money without owning property, and I believe Dodoma’s growing demand for temporary accommodation from travellers, students, and professionals could make this venture profitable. My knowledge of the law is limited. Before I proceed, I want to know whether Tanzanian law permits subleasing residential property for such purposes.

GH, Dodoma

Congratulations on this new business idea. Leases are governed by the Land Act [Cap. 113 R.E. 2023] (the Land). According to 89 (1)(i) of the Land Act, there is an implied term in every lease, other than a short term lease, covenants by the lessee (tenant) with the lessor (landlord) binding the lessee not to transfer, mortgage, charge, sublease or otherwise part with the possession of the leased land or buildings or any part of it without the previous written consent of the lessor, that consent not to be unreasonably withheld. To put it simply, you are required to obtain the consent of your landlord before you sublease. Likewise, the landlord is not expected to withhold this consent unreasonably. Remember some lease agreements specifically prohibit subleasing. It is therefore important to read the lease agreement before you consider subleasing the property. Since you plan to do this as a business, be sure to comply with other relevant laws governing business in Tanzania. Your lawyer can guide you further.

Settling disputes by duels

In our culture, men are expected to show strength and aggressiveness in disputes. Recently, someone crossed my path, and now I want to challenge them to a duel to settle a disagreement. My grandfather encouraged me, saying ‘this is how disputes were resolved in the old days.’ He even urged me to represent our family well. I am tempted to go forward with the challenge, but I am unsure whether duelling is legally permitted in Tanzania today. Could you advise me on the legal position?

AK, Mara                      

We don’t know what this dispute is all about, however, a duel is not a good idea. The Penal Code [Cap. 16 R.E. 2022] (the Penal Code), prohibits duels and makes it an offence to challenge a person to a duel. According to section 88 of the Penal Code, any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of an offence. You are therefore advised to refrain from taking part in this duel. Please consider alternative dispute-resolution options before you find yourself in trouble with the law.  Even though a duel is traditionally fought to settle disputes or defend honour, culture cannot justify committing a criminal offence. Your lawyer can guide you further.