mtwa mkulu
JF-Expert Member
- Sep 11, 2013
- 8,098
- 9,994
Kwa watasha tuu karibuni msongoke
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Besides, In addition, according to Article 27(1) of the Constitution of the United Republic of Tanzania, Cap. 2, R.E. 2002, every person has the duty to protect the natural resources of the United Republic, the property of the state authority, all property collectively owned by the people, and also to respect another person’s property. Sub-article (2) obligates all persons by law to protect state authority's property and all property collectively owned by the people,, fight against all forms of waste and squander, and manage the national economy diligently as people in control of their nation's destiny.
The Tanganyika Law Society is conscious of the public discourse around the ratification process and content of the the Intergovernmental Agreement (IGA) between the United Republic of Tanzania and the Emirate of Dubai concerning Economic and Social Partnership for the Development and Improving Performance of Sea and Lake Ports in Tanzania. Given the agreement's characteristics, possible impact, urgency, and sensitivity, on 7th June 2023, the TLS Governing Council assembled a team of specialists to examine the IGA, which at the time was still pending before the Tanzanian Parliament for ratification. The IGA was ratified by the Parliament of the United Republic of Tanzania on 10th June 2023. Since then, the Tanzanian Government, Media, Civil Society, Faith-based organizations, Private Sector, and various other stakeholders have voiced their opinions on the IGA, leading to conflicting conclusions and general lack of consensus. When the TLS Governing Council nominated this team of experts, they were tasked with the following specific objectives:
On 12th June 2023, the team of experts delivered their report to the Governing Council as per their
mandate. The report was discussed and contemplated by the Governing Council, and it is now
intending to issue this statement.
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STATEMENT
IN RESPECT TO THE INTERGOVERNMENTAL AGREEMENT (IGA)
BETWEEN THE UNITED REPUBLIC OF TANZANIA AND THE
EMIRATE OF DUBAI CONCERNING THE ECONOMIC AND SOCIAL
PARTNERSHIP FOR DEVELOPMENT AND IMPROVING THE
PERFORMANCE OF SEA AND LAKE PORTS IN TANZANIA DATED
25TH OCTOBER 2022
Tanganyika Law Society is a professional body established by the Tanganyika Law Society Act, Cap. 307 R.E. 2002. As stated in Section 4 of the Act, the Society's aims include, among other things: aiding the Government, Parliament, and Courts in matters affecting legislation, administration, and and practice of the law in Tanzania; representing, protecting, and assisting members of the Tanzanian legal profession in practice conditions and other areas; and protecting and assisting the Tanzanian public in all matters touching, ancillary or incidental to the law.IN RESPECT TO THE INTERGOVERNMENTAL AGREEMENT (IGA)
BETWEEN THE UNITED REPUBLIC OF TANZANIA AND THE
EMIRATE OF DUBAI CONCERNING THE ECONOMIC AND SOCIAL
PARTNERSHIP FOR DEVELOPMENT AND IMPROVING THE
PERFORMANCE OF SEA AND LAKE PORTS IN TANZANIA DATED
25TH OCTOBER 2022
Besides, In addition, according to Article 27(1) of the Constitution of the United Republic of Tanzania, Cap. 2, R.E. 2002, every person has the duty to protect the natural resources of the United Republic, the property of the state authority, all property collectively owned by the people, and also to respect another person’s property. Sub-article (2) obligates all persons by law to protect state authority's property and all property collectively owned by the people,, fight against all forms of waste and squander, and manage the national economy diligently as people in control of their nation's destiny.
The Tanganyika Law Society is conscious of the public discourse around the ratification process and content of the the Intergovernmental Agreement (IGA) between the United Republic of Tanzania and the Emirate of Dubai concerning Economic and Social Partnership for the Development and Improving Performance of Sea and Lake Ports in Tanzania. Given the agreement's characteristics, possible impact, urgency, and sensitivity, on 7th June 2023, the TLS Governing Council assembled a team of specialists to examine the IGA, which at the time was still pending before the Tanzanian Parliament for ratification. The IGA was ratified by the Parliament of the United Republic of Tanzania on 10th June 2023. Since then, the Tanzanian Government, Media, Civil Society, Faith-based organizations, Private Sector, and various other stakeholders have voiced their opinions on the IGA, leading to conflicting conclusions and general lack of consensus. When the TLS Governing Council nominated this team of experts, they were tasked with the following specific objectives:
1. To dissect the proposed intergovernmental agreement between the United Republic of Tanzania and the Emirate of Dubai concerning economic and social partnership for development and improving the performance of sea and lake ports in Tanzania, dated October 2022.
2. To seek advice from relevant individuals who might provide additional insight to enhance the analysis, findings, and suggestions.
3. To conduct a comparative study on similar inter-governmental agreements in other jurisdictions, specifically those involving the Emirate of Dubai.
4. To submit a comprehensive analysis report with suggestions to the TLS Governing Council by 12th June 2023.
On 12th June 2023, the team of experts delivered their report to the Governing Council as per their
mandate. The report was discussed and contemplated by the Governing Council, and it is now
intending to issue this statement.