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Corporal punishment in schools

My son aged 6 years has refused to go to school because his class teacher strikes him. Do we have any law that regulates administration of corporal punishment in schools? Does the law allow striking a child who is only 6 years old? I find this a colonial practice which has no room in our society anymore.

HU, Tanga

Administration of corporal punishment at schools is regulated by the Education (Corporal Punishment) Regulations, 2002. Under the Regulations only the head of school is allowed to administer corporal punishment. However, other teachers can administer corporal punishment to a pupil or student with a written authorisation of the head of school.

Corporal punishment is inflicted only where there is a serious breach of school code of discipline or grave offence committed whether within or outside the school which is deemed by the school to have brought or capable of bringing the school into disrepute.

In administering corporal punishment, the head of school or a teacher appointed in writing by the head of school to administer corporal punishment should consider the gravity of the offence, age, health and sex of the pupil or the student offender. The maximum strokes a pupil or student can undergo at a time is 4. The law does not allow striking a nursery school pupil.

A primary school pupil can undergo corporal punishment but the teacher administering corporal punishment should be mindful of the age of the pupil and his/her health in deciding whether or not the pupil should undergo corporal punishment and the number of strokes to be imposed on the pupil.

Moreover, a female pupil or student may only receive corporal punishment from a female teacher. Where there is no female teacher at the school, the head of school himself may administer corporal punishment or he may appoint in writing a male teacher to administer the punishment. Additionally, each school should maintain a register of corporal punishments.

Every time corporal punishment is administered, it should be recorded in the register by stating the name of the pupil offender, disciplinary offence committed, the number of strokes inflicted and the name of teacher who administered the punishment. Every entry in the corporal punishment book must be verified and signed by the head of school.

Refusal to accept corporal punishment by the pupil or parent of the pupil may lead to the expulsion of the pupil from school. Similarly, any teacher who inflicts corporal punishment contrary to the procedure laid in the Regulations may be subjected to a disciplinary procedure for professional misconduct.

Corporal punishment in schools has been banned in many African countries but there are a few that still allow it to be imposed.

Selling Helmeted Guinea Fowl

I am a small entrepreneur who sells chicken and Helmeted Guinea Fowls at our local market. My friends inform me that it is illegal to sell Helmeted Guinea Fowls. Is there any truth in this?

PE, Dar

Helmeted Guinea Fowl known as Kanga in Kiswahili, although commonly raised in many households in Tanzania, is a game bird listed under Part B of the Second Schedule to the Wildlife Conservation Act, 2019. Being listed in the second schedule, the Helmeted Guinea Fowl is a trophy whose possession requires a permit from the director of wildlife.

Unlawful possession of kanga is an economic offence attracting a penalty of 20 years imprisonment. Hence you need a permit to continue operating the way you are otherwise it is a criminal offence.

Use of money obtained from mortgage

I am a Tanzanian who has been living overseas for 10 years. I have not taken citizenship of the country where I am living and continue to own a registered land in Tanzania which I inherited from my father. I want to mortgage my land to obtain money from one of the foreign banks in the country where I am living and use the money to start a new venture overseas. How do I proceed with such registration?

HF, Netherlands

Section 120A of the Land Act [Cap. 113 R.E 2019] allows any Tanzanian to mortgage her/ his land for the purposes of obtaining money from a local or foreign bank or financial institution for investment purposes. However, the money obtained from the mortgage of land in Tanzania must be invested in Tanzania.

The mortgagee, in this case a bank, must submit a declaration to the Commissioner for Lands that the money obtained from it by the mortgagor is invested in Tanzania. Failure to invest in Tanzania the money obtained from mortgage of land in Tanzania constitutes a breach of conditions of the right of occupancy and may lead to the revocation of the right of occupancy.

In short you cannot use your Tanzanian land to borrow abroad. Assigning power of attorney I have been granted a power of attorney to assist someone in a land transaction. I have no time to act. Can I assign or delegate this power of attorney to someone else who is equally competent to act.

RB, Dar A Power of Attorney (POA) is a written authorisation to represent or act on another’s behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is usually the donor and the one authorised to act is the done or the attorney.

The person who creates a power of attorney, known as the grantor, can only do so when he/ she has the requisite mental capacity. In some powers of attorney the grantor states that he/she wishes the document to remain in effect even after he/she becomes incapacitated.

This type of power is commonly referred to as a durable power of attorney which has, to the best of our knowledge, not been tested in Tanzania. In the instant case, it is unlikely that you can further delegate your powers under the power of attorney, unless the power of attorney specifically states so.

Under the legal principle of delegata potestas non potest delegari, no delegated powers can be further delegated. Your lawyer can guide you further.

Send in your questions by email to: qa@fbattorneys.co.tz or by post to: Q&A with FB Attorneys C/o The Daily News, P. O. Box 9033 DSM, Tanzania To receive this column by email, please visit our website to subscribe. You can also read the column online Logon to www.fbattorneys.co.tz and click on Publications.

This column is intended to give you a general overview of the Law. It is not a substitute to the role of your legal advisor. If you have legal issues, you are strongly recommended to contact your attorney.

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Author: FB ATTORNEYS

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