By Milcah Tanimu
The legal battle surrounding the Tanzania-Dubai port deal has experienced a significant shift as the Tanzanian government has decided to abandon proposed rule changes that were meant to benefit the contentious agreement with DP World. Attorney General Eliezer Feleshi announced on Tuesday that the government had withdrawn proposed modifications to two laws governing Tanzania’s natural resources that were under discussion in the National Assembly.
Feleshi disclosed during a parliamentary session in Dodoma that the government had heeded the advice of a House committee to remove the two sections of the Bill containing the proposed amendments. He stated, “Following our meeting with the Parliamentary Governance, Constitutional and Legal Affairs Committee, both sections have been scrapped, and the Bill amended accordingly.”
The sections in question, Part 4 and Part 5 of the Bill, had proposed amendments to the Natural Wealth and Resources (Permanent Sovereignty) Act and the Natural Wealth Resources (Review and Re-negotiation of Unconscionable Terms) Act, both enacted in 2017. The changes aimed to ensure that neither act could be used to “prejudice the performance of sea, dry, and lake ports in Tanzania.”
The proposed modifications were intended to enable Tanzania’s ports to operate at international standards and attract more countries, ships, and larger cargoes. These changes were linked to an Inter-Governmental Agreement (IGA) signed between Tanzania and Dubai (UAE) last year, which required both parties to ensure that their legislation supported the smooth implementation of the IGA and any future host government agreement (HGA).
The IGA was designed to allow DP World, a global logistics company based in Dubai, to assume control of operations at the port of Dar es Salaam initially and potentially other sea and lake ports in Tanzania.
The contract, approved by parliament on June 10 of this year, has faced significant public criticism from various quarters, including opposition politicians, legal experts, and religious leaders who believe that it favors the Dubai corporation over Tanzania.
These two statutes were particularly highlighted in a recent High Court case where four private individuals sought to invalidate the agreement, arguing that it violated Tanzania’s constitution and jeopardized the country’s sovereignty and security. The High Court dismissed the petition on August 10.
The Governance, Constitutional, and Legal Affairs Committee had also halted its initial examination of the proposed amendments, citing the need for further “clarification” from the government regarding the content of the proposal.
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