Who Is Who In The Mining Sector In Tanzania: The Institutional Framework And How It Work

THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA

The President of the United Republic has been given a key role through the new section 5 (a) of the Mining Act which vests the entire property and control of minerals to the President who holds this in trust of the citizens of the United Republic. The same is reiterated under section 4 (2) and 5 (2) of the Sovereignty Act. Previously, the minerals were vested in what I consider to be a lose term of the "United Republic". Section 5 (b) of the Mining Act gives the Government lien over the minerals and this was briefly discussed in "Shikana Mining Series No.1".

This provision of empowerment has really given the President the force and legal right to protect the minerals in its control and property, this is perhaps explaining the actions so far by the president who has commissioned investigations as well as summoned individuals in the mining industry to the State House for queries and discussions. Considering the current President's efforts to fight corruption and the numerous corruption scandals associated to the energy and natural resource sector, it would make sense to concentrate such a responsibility as holding the resources in trust by the President.

The President also has the power to declare any area which is subject to mining operations a "controlled area". The procedure is that the President consults with the Minister responsible for Local Government Authorities and that the controlled area is also gazette. Special conditions will be prescribed to the "controlled area" and contravention of these conditions will constitute an offence.

THE MINISTER OF MINERALS

Part III of the Mining Act which was entitled "Administration" was repealed and replaced by new provisions which specifically define the role of the Minister of Minerals, unlike the previous Act. Section 19 of the Mining Act provides that the Minister is responsible for preparing policies, strategies and legislative framework for the exploration and exploitation of mineral resources and monitoring the implementation of the same. The Minister further has the responsibility of monitoring all establishments with responsibility of the Ministers for minerals and report to the Cabinet. The Minister also has the duty to promote mineral resources in Tanzania for research and exploitation.

The Minister's powers are removed with regards to Special Mining Licenses, whereby the new Mining Commission is the entity that compiles the application and submits the same to...