Reaction as MPs debate bills

Dar es Salaam. The sense of urgency with which Parliament is pushing to debate and pass proposed new laws on natural resources has drawn a mixed reaction from development stakeholders, the public as well as political leaders.

On Thursday, the three bills that are expected to bring sweeping changes to the laws governing what market share the country gets from its natural wealth were tabled under the Certificate of Urgency.

This move has left many with questions on the time allotted for discussion, and for the gathering of public opinion on the bills.

But there are others who have commended President John Magufuli and lawmakers pushing for the fastracking of the changes, saying it was the right approach.

With the Bills tabled, the stage has been set for discussions on the Natural Wealth and Resources Contracts (Review-and renegotiation of Unconscious Terms) Act of 2017, the Natural Wealth and Resources (Permanent Sovereignty) Act, 2017, as well as the Written Laws (Miscellaneous Amendments) Bill, 2017.

In Parliament yesterday, Speaker Job Ndugai moved to quash a bid by some opposition legislators to slow the process down. During debate that revolved around natural resources, the opposition MPs said the lawmaking organ was weak.

But retorting, a defiant Mr Ndugai said he wouldn’t be doing justice to Tanzanians by opposing the three bills just for the sake of proving to the executive arm of government that he was a ‘tough Speaker’.

“Why would I oppose a move that seeks to ensure that Tanzania owns between 16 and 50 per cent of stakes in mining firms?” he argued.

The Speaker was responding to sentiments – aired Thursday by lawmakers who included John Mnyika (Kibamba - Chadema), Peter Msigwa (Iringa Urban - Chadema) and Godbless Lema (Arusha Urban - Chadema) – during debate on a proposal to extend the ongoing parliamentary session.

The extension was sought to allow debate on the three bills, so that they can be endorsed under Certificate of Urgency.

Mr Mnyika opposed the idea of endorsing the bills under the Certificate of Urgency, saying many of the economic problems that Tanzania is now facing resulted from hurriedly endorsed laws.

“In 1997, this House endorsed mining laws under the Certificate of Urgency; this has cause several challenges, including the ongoing mineral concentrates saga. In 2005, this House also endorsed three bills under the Certificate of Urgency. The bills on natural gas and revenues,” he said.

“As people’s representatives, I request that this proposal be debated in this House so it can be ignored.” He reiterated that the legislature was weak.

But the Speaker said he supported the government’s position to bring the bills under the Certificate of Urgency partly because he was convinced the proposed clipping of minesterial powers (and that of the Commissioner for Minerals) in signing deals on behalf of Tanzanians was the right thing to do.

He argued: “It also gives Parliament the powers to veto the agreements proposed by the executive with regards to the exploitation of natural resources. What kind of a Speaker would I be to oppose such a move?”

The new laws also propose that Tanzania should have three mineral commissioners, a move meant to ensure that they are not easily duped by mining multinationals’ tricks.

But in Dar es Salaam, during a breakfast session held by Policy Forum yesterday to launch a report on Natural Resource Government Index 2017, some stakeholders noted that the laws were being rushed, and cautioned that the move would leave out crucial public opinions on how the nation’s God-given resources should be shared.

More so, the stakeholders said they received notification from Parliament on Thursday with a deadline of Saturday to submit their opinions.

“Was it necessary to make the amendments during the budget session?” questioned Ms Jovita Mlay, a campaign manager for Oxfarm Tanzania.

A representative from the Young Lawyer’s Foundation, Mr Jacob Mogendi, called for combined effort by government and stakeholders to educate the marginalised groups on the mining sector.

But former Bariadi East MP and chairman of United Democratic Party (UDP), Mr John Cheyo, commended the government’s move saying the amendments would set a legal foundation and leave Tanzania in a better position with regards to negotiations with mining firms on how the country can benefit from the mining sector.

“It was right for the bills to be endorsed under the Certificate of Urgency because we are heading into negotiations with one of the major mining firms, Acacia,” he said.

Mr Irenei Kiria, executive director of health advocacy organisation Sikika, corroborated saying many of their concerns had been included in the three bills.

“I have no problem with the approach because they have captured all aspects of what we have been advocating since 2010, including transparency in mining contracts,” he explained.