Rights of deregistered contractor

My uncle is a contractor working on construction projects mainly in Iringa and Mbeya. He had an issue with a certain company which had awarded him a tender and the matter was taken to the Contractor’s Registration Board (the Board). He recently called me and told me the Board has issued its decision on the matter and found him guilty of a professional misconduct and have suspended his certificate of registration. He is so frustrated since he has other ongoing projects from his other clients. Can the Board suspend a licence while a contractor has other projects? Can he only be penalized and continue with the project without suspending his licence?
HH, Morogoro

Contractors are registered under the Contractors Registration Act, 1997 as amended from time to time (the Act). The said Act established the Contractors Registration Board which is mandated to register contractors and regulate the conduct of contractors. The Board has powers to suspend registration of a contractor for a period that may be specified by the Board or even cancel registration of a contractor. As per section 15 of the Act, among the offences which can amount to suspension of registration of a contractor is if the contractor is found to have been guilty of any act or omission amounting to improper, disgraceful or gross professional misconduct, after due inquiry held by the Board.

In case of a complaint against a contractor, as it is the case in the scenario of your uncle, the Board is required to first conduct an enquiry. The contractor whose conduct is being inquired is entitled to appear and be heard. If the contractor is found guilty the Board can suspend his licence. This seems to be what has happened to your uncle. However please note that if the contractor is aggrieved by a decision of the Board to suspend his registration, he may appeal to the Appeals Authority against the decision of the Board. The Appeals Authority is established by the Act and it consist of a chairman appointed by the Minister,  a nominated member from the Attorney General’s Chambers, two members appointed by the Minister who are not employees of the Ministry of Works, and four other members appointed by the Minister who shall be; one registered practising architect nominated by the Architectural Association of Tanzania; one registered practising quantity surveyor nominated by the Tanzania Institute of Quantity Surveyors; one registered practising engineer nominated by the Association of Consulting Engineers Tanzania; one registered contractor nominated by the Contractor’s Association.

When a matter is referred to the Appeals Authority, the Board may appear as a respondent and be heard on any appeal against its decision. Upon the hearing, the Appeals Authority may give such directions in the matter as it thinks proper. Therefore, if your uncle is aggrieved by the decision of the Board, he may appeal to the Appeals Board. Should he be aggrieved by the decision of the Appeals Board, that is not the end of the matter as the Act allows the party aggrieved by the decision of the Appeals Board to appeal to the High Court. Your uncle should be guided to take the route above but be minded that the suspension will likely remain until the appeals are heard.