INSTITUTE OF SOCIAL WORK

DEPARTMENT OF LABOUR STUDIES

BACHELOR DEGREE IN LABOUR RELATION AND PUB5LIC MANAGEMENT
GROUP ASSIGNMENT
GROUP NUMBER: 02
SUBJECT NAME: LABOUR LAWS
MODULE CODE: LSU 07…….
LECTURER NAME: ADV. PAULUS

MEMBER NAME:
 SHAIBU MOHAMED NASSORO BLRPM/T.2023/271
 TATU ABDALLAH HUSSEIN BLRPM/T.2023/138
 WARDA JAFARI NGWEGA BLRPM/T.2023/165
 YOHANA NATHAN NGTUNGU BLRPM/T.2022/189
 FRANK NDARO SULE BLRPM/T.2023/055
 DENILSON MUGONYA BLRPM/T.2023/083
 DAMARI WILSONWANDWI BLRPM/T.2023/065
 GASPER
 MESHACK
 IRENE GIVEN MANYANGA BLRPM/T.2023/240
 JACKSON CHARLES MOSHI BLRPM/T.2023/235
QUESTION:

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ASSESSMENT OF WHETHER PROFESSIONAL CONDUCT AND CONFLICT OF
INTEREST IN PUBLIC SERVICE

This assessment focuses on examining whether public servants violate public service
regulations by engaging in private contracts or activities that may interfere with their official
duties.

 The key question considered are: Whether this amounts to conflict of interest?
Which laws and regulations in Tanzania govern this issue? Examples of practices of
public servants involved, whether their exception in some retraces? Whether it's right or
wrong under the law?

 Case study

WHETHER THEIR CONFLICT OF INTEREST FOR PUBLIC EMPLOYEES

ENGAGED IN EXTERNAL CONTRACTS?

Yes, this situation constitutes a conflict of interest. A conflict of interest arises when a public
servant's private interests conflict with their official responsibilities or appear to show partiality.
To answer this fact, we consider the Laws Governing Public Service in Tanzania as follows

LEGA FRAMEWORK CONSTITUTE THAT STUATION

Public Service Act, Cap 298 (RE 2020): This is the principal legislation regulating the
conduct of public servants. The law provide that a public servant shall not engage in any other
gainful employment or office, unless authorized by the appointing authority, Section 6(2)(b) of
the same law. Provides disciplinary action for breach of code of conduct, including conflict of
interest. For instance, if a government employee enters into outside contracts without
permission, that person is breaching this section. Section 35 of the same law. Provide that
public servant shall not engage in any activity outside the public service which is likely to
conflict with the interests of the public service and Prohibits corruption and abuse of office.
Engaging in external contracts may involve misuse of public position. This prohibits public
employees from taking part in any activity, including external contracts, that may compromise

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their loyalty, performance, or neutrality in government service, Section 34(1) and 35 of the
same law

Public Service Regulations, 2003 (as amended)

The law provide that public servant shall not undertake any business, trade or employment
outside his official duties without approval shall not allow personal interest to conflict with
official duties. For instance, if a teacher working in a government school is also running a
private tuition business during working hours, that is a conflict of interested, regulation 42 (1)
(2) and 38 (1) of the same regulation. The law prove that a public servant shall not allow
personal interest to conflict with official duties. For instance, if a teacher working in a
government school is also running a private tuition business during working hours, that is a
conflict of interest and Prohibits public servants from engaging in any external employment
without permission from their employer an Emphasizes integrity and impartiality. External
activities that compromise this are deemed conflicts., Regulation 70 (1) and 71 of the same
regulation

Prevention and Combating of Corruption Act, Cap 329 R.E. 2022

The law Prohibits uses of public office for personal gain and show that. Criminalizes corrupt
transactions when involving public officers for personal uses. For instance, a public servant
uses insider knowledge to win tenders or contracts privately, it can amount to corruption and
abuse of office. Section 15 and 31 of the same law

EXAMPLES OF AFFECTED PUBLIC SECTORS

 Engineers and planners in government involved in private construction firms. For

instance, a government engineer involved in public construction projects may also own
a private firm offering similar services, leading to a conflict of interest.

 Procurement officers owning companies participating in government tenders.

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  Doctors offering private services during official hours. For instance, public doctors
offering private consultations during working hours or redirecting patients to their
private clinics.

WHETHER THEIR ACCEPTABLE PRACTICES?

 Must be approved under External engagements are allowed with written permission
under Regulation71.

 Must not conflict: He/she Should not interfere with public duties. For instance, a public
officer writing academic books, farming, or engaging in activities unrelated to their
office may be permitted.:

 Interests must be declared. In line with the Leadership Code of Ethics, public officials
must declare any private interests to avoid ethical violations.

 Should not occur during official working hours

CASE STUDY

Can a Government Employee (teachers) Who Is Also a Lawyer Represent a Private

Individual in Court Against the Government That Employs Them?
This case study explores the legal and ethical implications of a situation where a public servant,
who is also a qualified and licensed advocate, seeks to represent a private individual in a legal
matter against the government institution that employs them. The analysis is based on
Tanzanian laws, professional conduct regulations, and relevant case examples.

Legal Framework
Public Service Act, Cap. 298 [R.E. 2019], under Section 34(1): Prohibits public servants from
engaging in outside employment or business that may conflict with their official duties and
Section 35: Prohibits misuse of office and unethical conduct.

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The Advocates Act, Cap. 341 [R.E. 2019], Provides for the regulation and discipline of
advocates by Requires advocates to maintain integrity and avoid conflict of interest in
representation.
Advocates (Professional Conduct and Etiquette) Regulations, 2018, under Regulation 8: An
advocate must not act in a matter involving conflict of interest and Regulation 9: An advocate
cannot act against a current client or employer without proper withdrawal and disclosure.

Public Service Regulations, 2003, through Regulation 71, Prohibits public servants from
undertaking other employment without official permission.

Ethical and Legal Analysis

A public servant, by virtue of their employment, owes loyalty and confidentiality to the
government. Representing a private client in a matter against the government constitutes a clear
conflict of interest, especially where the employee has access to internal government
information or resources that could unfairly influence the case.

Acting as an advocate in such a scenario would breach professional ethical standards, It would
likely amount to misconduct under the Public Service Act and may attract disciplinary action,
including termination or legal sanctions and The integrity of both the public service and the
legal profession would be compromised.

Example in the issue of Fatuma Kurume Suspension in 2019, as prominent Tanzania layers
she suspends from practicing law following allegation of profession misconduct. The
suspension arose from her written submissions in a constitutional challenge to precedential
appointment, which were deemed unprofessional and disrespectful. The High court directed and
the Advocates disciplinal hearing, ultimately. This case underscores the importance of adhering
to professional conduct standard and the potential consequences of perceived conflicts between
personal action and public responsibilities

Example issue of Government layers and the mlimani city project in 2008, a group of
government layers expressed concerns over a controversial contract related to the mlimani city
project in Dar es salaam. The layer had scrutinized the draft contract and questioned the

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legitimacy of certain incentives including therein. Despite their advice against signing the
contract without proper authority, senior government official proceeded, leading the layers to
distance themselves from the agreements. This incident highlight the challenge government
layers may face when professional advice is overridden, potentially implicating them in
unfavorable contract

Permissible Exceptions
A public servant may only engage in private legal practice if: They have received formal
written permission from their employing authority; The matter does not involve the government
as a party, there is no conflict of interest and They are on unpaid leave or have resigned their
public position.

Illustrative Case (Hypothetical)

Scenario:
Mr. A is a government-employed Land Officer and also a licensed advocate. His neighbor, a
private individual, sues the Ministry of Lands (Mr. A's employer) over a land boundary dispute.
Mr. A offers to represent the neighbor in court.

Outcome:
If Mr. A proceeds: He violates both employment and professional conduct laws.
Disciplinary action is likely from both the employer and the Tanganyika Law Society. The
court may bar him from representation if conflict of interest is raised

Therefor
Under Tanzanian law and professional regulations, a government employee who is also an
advocate cannot represent a private individual in court against the government that employs
them, unless they have resigned, obtained proper authorization, and ensured no conflict of
interest. Such representation would be unlawful, unethical, and subject to disciplinary action.

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FINAL ASSESSMENT

Is the Situation Right or Wrong? Conclusion

In general, the practice of public servants engaging in private contracts similar to their public
roles is wrong and constitutes a conflict of interest. The practice of public servants in Tanzania
engaging in external contracts similar to their public duties is generally wrong and constitutes a
conflict of interest under Tanzanian law. The law is clear in prohibiting such practices unless
specific exceptions apply, and only with approval. This protects the integrity, transparency, and
accountability of the public service sector.

WRONG IF:

The private activity relates to the servant’s official duties, uses public resources, causes divided
loyalty or performance issues and It violates integrity, loyalty, impartiality, and may foster
corruption or favoritism.

Example 1: A District Education Officer owning a private school in the same district—conflict
arises in resource allocation or oversight.

Example 2: A procurement officer awarding contracts to their own company. In addition,

Prevention and Combating of Corruption Act, 2007 under Section 12: Prohibits public officials
from engaging in activities leading to conflicts of interest or misuse of office.
RIGHT IF:

declared, authorized, and does not affect public service delivery., Must be approved by such
external engagements are allowed with written permission under Regulation71., Must not
conflict by such Should not interfere with public duties. For instance, a public officer writing
academic books, farming, or engaging in activities unrelated to their office may be permitted.,
Interests must be declared. In line with the Leadership Code of Ethics, public officials must
declare any private interests to avoid ethical violations and Should not occur during official
working hours

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REFERENCE

 Public Service Act, Cap 298 (RE 2019)

 Public Service Regulations, 2003 (as amended

 Leadership Code of Ethics Act, Cap 398 (RE 2019)

 Prevention and Combating of Corruption Act, Cap 329 R.E. 2022