Rev. Canon Moses Matonya was born on September 25, 1964 in Ikowa village in Dodoma Tanzania, being the third born out of five children of Rosemary. His father, Matonya Makunzo, passed away in 2006 leaving three wives and nineteen children. Rev. Moses has been a full time ordained minister with the Anglican Diocese of Central Tanganyika in Dodoma since November 1993. He is married to Ruth and they are blessed with five children, three daughters and two sons. Currently, he is doing a Ph.D at Liverpool Hope University.
His journey on formal education began in January 1974. He did the seven years of primary education at Ikowa Primary School. From January 1981 to July 1985 he went through Mzumbe Secondary School in Morogoro and Umbwe High School in Moshi, Tanzania while from June 1987 to June 1988 he served in the National Service.
From June 1988 to 1991, Rev. Can. Matonya worked as an Evangelist in his village. In January 1991 he joined a three year theological course, leading to a Diploma, at St. Philip’s College, Kongwa. He was ordained deacon by Anglican Diocese of Central Tanganyika on December 5, 1993. After the ordination, he was posted to a full-time ministry as vicar of Kigwe Parish. On May 22, 1994 he was consecrated as priest before being transferred to Kondoa where he became a principal of the Bible School in July 1995.
In September 1996 he joined a two-year programme at the Trinity College in Bristol, England, for a Bachelor of Arts degree in Theology. In August 1998, he returned to the Diocese of Central Tanganyika, where he was appointed Principal of Msalato Theological College.
In September 2001 he once again went to England to pursue a Master of Arts course in Aspects of Christian Missiology at All Nations Christian College, which he successfully completed in September 2002. After the studies he went back to Msalato Theological College where he continued to work as a Principal.
In March 2004 he became Dean of the Cathedral of the Holy Spirit until July, 2006. In September 2006 he went to Columbus Georgia (USA) for a twelve months study in Clinical Pastoral Education (CPE). He also served as Chaplain Resident at St Francis Hospital in Columbus during the same period. The programme ended in September 2007 and he returned to Tanzania. He rejoined Msalato Theological College, where he taught and worked as a principal until July 2015.
Before joining CCT, in March 2017, he worked as a full time Assistant Lecturer at St John’s University of Tanzania in the School of Theology and Religious studies (SOTR), while doing a Ph.D. on part time basis with Liverpool Hope University in Liverpool, UK.
- Vocational History
Since becoming ordained in 1993, Rev. Can. Moses Matonya has held the following positions in the Diocese of Central Tanganyika:
- Pastor (rector) of Kigwe Anglican Parish, from December 1993 to July 1995.
- Principal of Kondoa Bible School in Kondoa town, from July 1995 to July 1996.
- Principal of Msalato Theological College in Dodoma, from August 1998 to August 2001 and from September 2001 to March 2004.
- Dean of Cathedral of the Holy Spirit in the Anglican Diocese of Central Tanganyika for two years, from March 2004 to July 2006. He was also an
associate lecturer of Msalato Theological College during this period.
- Principal of Msalato Theological College (second time) from June 2008 to July 2015.
- Assistant Lecturer in the School of Theology of St John’s University of Tanzania from September 2011 to the present in 2016.
- Moses Matonya (2008), Real Power: Jesus Christ’s Authority over the Spirits, (USA: Oasis International )
- Moses Matonya & Phanuel Mng’ong’o (2013), ‘The Anglican Church of Tanzania’, in The Willey-Blackwell Companion to the Anglican Communion edited by Ian Markham, Barney Hawkins IV, (USA: Wiley-Blackwell)
- Papers for workshop
- Moses Matonya, ‘The Protestant Christian in Africa: Is it an Ontological Conflict or Negation of the Reformation Theologies?’ Paper presented on August 12, 2014 at the Conference at Tumaini University Dar es salaam College to celebrate 500 years of Protestant Reformation in the world. The paper discusses what protestant reformation meant to the Europeans of 500 years ago and what it means to a Protestant Christian in Africa today.
More pictures from Commissioning Service
The 2015 General Elections Observation Mission could not have been a success without cooperation from the Tanzania Christian Forum (TCF) to whom we are sincerely indebted. Specifically, we would like to express our sincere gratitude to all Bishops and Heads of Ministries from CCT, CHARISMATIC, CPCT and TEC for their readiness to provide us the volunteers without whom the Observation Mission’s work would have been impossible to carry out.
See the whole report belowobservation report
TAMKO LA VIONGOZI WA DINI KUHUSU UHURU, HAKI NA AMANI KUELEKEA UCHAGUZI MKUU LEO TAREHE 17.09.2015
Sisi, viongozi wa dini pamoja na taasisi zinazosimamia mchakato wa uchaguzi (NEC,TAKUKURU,Polisi pamoja na Msajili wa vyama vya siasa) tuliokutana leo tarehe 17/9/2015, tumepata nafasi ya kujadili kwa kina suala la uhuru,haki na amani kuelekea uchaguzi mkuu utakaofanyika 25/10/2015 na wajibu wa kila mdau kuhakikisha kuwa uhuru,haki na amani vinalindwa kipindi hiki.Suala la uhuru haki na amani ni wajibu wetu sisi viongozi wa dini na watanzania wote kwa ujumla na halina mjadala.Kila mmoja achukuwe nafasi yake kulinda uhuru,haki na amani na kuweka uzalendo kwanza kuliko kutanguliza maslahi binafsi ya vyama vya siasa.
Viongozi wa dini wamepata nafasi ya kujadili na vyombo hivi masuala ya msingi kama kuhakikisha kuwa maadili ya uchaguzi yanazingatiwa kwa wote, muda wa kutangaza matokeo ya kura unazingatiwa , haki ya wananchi kupata matokeo haraka ili kuepuka fujo wakati wa kusubiri na kutangazwa kwa matokeo. Jeshi la polisi kutokutumia nguvu kupita kiasi, wajibu wa Msajili kuhakikisha vyama vyote vinapata fursa sawa na pia tumejadili suala la kutumia nyumba za ibada kama sehemu ya jukwaa la siasa.
Viongozi wa dini tumekubaliana kwa pamoja kuepuka kutumia nyumba za ibada kuonyesha ushabiki wa aina yoyote kwa chama chochote cha siasa.
Baada ya kujadili kwa kina masuala hayo viongozi wa dini wanatoa wito ufuatao;
- Vyombo vya habari vifanye kazi kwa ueledi bila upendeleo na pia kuhakikisha kuwa inatoa taarifa ya kutosha kuelimisha umma.
- Tunaishauri NEC kwenye chaguzi zijazo iweke utaratibu maalum wa kuruhusu wanafunzi wa vyuo vikuu waliojiandikisha pamoja na watu wote waliojiandikisha/watakaojiandikisha waweze kupiga kura.
- Tunaishauri NEC kwenye chaguzi zijazo siku ya kupiga kura isiwe siku ya ibada.
- NEC iendelee kutoa elimu ya uraia kuhusu haki ya raia kupiga kura na haki yao ya kukaa mita mia moja kusubiri matokeo yatangazwe kwa utulivu kama ambavyo NEC imehakikishia viongozi wa dini kuwa kila kituo itabandika matokeo yote (Urais,Ubunge na Udiwani)
- Pamoja na kutimiza wajibu wake wa msingi wa kulinda raia na mali zao Jeshi la polisi wakati huu wa uchaguzi liendelee kutimiza wajibu wake wa kusimamia amani na taratibu kwa haki bila upendeleo.
- Wagombea,wafuasi na wanaowanadi, wanaaswa waache mara moja lugha za matusi,vitisho,kejeli na kukashifiana vinavyoweza kuchochea fujo na kuleta uvunjifu wa amani wajikite kunadi sera za vyama vyao.
- Tunawahimiza wananchi kuwa makini katika kufuatilia kampeni na sera mbalimbali za wagombea, kuzipima kwa hali ya juu sera hizo, kutokuuza kadi zao za kupigia kura, kutokununuliwa na kujitokeza kwa wingi kutumia uhuru na haki yao ya kuchagua viongozi wanao wataka kwa hiari na amani.
- Viongozi wa dini wanawahimiza Watanzania wote kuendelea kuombea nchi hii kuendelea kuwa taifa lililojengwa katika misingi ya uhuru , haki na amani.
- Viongozi wa dini tutabaki kuwa manabii na wahubiri wa uhuru,haki na amani wakati huu , wakati wa uchaguzi na baada ya uchaguzi
Sisi viongozi wa dini Tunawashukuru Inspekta generali wa polisi, Mwenyekiti wa Tume ya Uchaguzi, Msajili wa Vyama vya siasa na Mkurugenzi Mkuu wa TAKUKURU kwa ufafanuzi makini na wa kina juu ya nafasi na utayari wao wa kushirikiana na viongozi wa dini kuhakikisha uhuru, haki na amani vinaendelea nchini.Maelezo yao na mafafanuzi yao tumeyasikia na tutaendeleza kwa kuwa hiki ni kikao cha mwanzo na tutaendelea kuwa na vikao vingine pamoja nao kuelekea uchaguzi mkuu ili kufuatilia utekelezaji na kuendeleza makubaliano yetu katika kuhakikisha uhuru,haki na amani.
Tamko hili limetolewa na viongozi wa dini ofisi ya Mufti Zanzibar,Baraza Kuu la Waislamu Tanzania (BAKWATA),Makanisan ya Karismatiki Pentekoste,Umoja wa Makanisa ya Kipentekoste Tanzania(CPCT), Baraza la Maaskofu Tanzania (TEC) na kuratibiwa na Jumuiya ya Kikristo Tanzania (CCT
CIVIL SOCIETY COMMENTS ON THE PROPOSED REVENUE MANAGEMENT ACT 2015
Dodoma, June 24 2015
|Part||Section||Key Issues||Concern||CSO Recommendation|
|Functions of the Minister||Although this is set out as ‘functions’. This could be strengthened. A stronger language would responsibilities and obligations.||The “Minister is responsible for overall management for the Fund”.|
|5||Timing of reporting||The timing not specified,||Insert a provision that reads “the report on the performance shall be published quarterly on the Bank’s website no later than 30 days after the end of the quarter”|
|9.||Sources of the Oil and Gas Fund||Not exhaustive list of sources||Include:
(f) capital gains tax from sale of ownership at any stage of development and
(g) any sale of government participation.
|12(3)||Portfolio Investment Advisory Board||a. A stronger process is needed to ensure the integrity of the appointments.
b. The size of the Board does not guarantee a minimum quorum (2) for credible decisions
|“The Chairman and other four(six) members shall be proposed by the Ministry of Finance, in consultation with the Governor and appointed by the President.”
Increase from 5 to 7 (minimum of 3 and the chairperson)
|12 (4)||Portfolio Investment Advisory Board||The names of the Board should be a matter of public record.||Insert subsection (5) The Minister shall publish the names of the Board members as soon as an appointment is made or there has been a change in membership.|
|13(1)||Functions of the Board
|The Bill does not specify obligations for the board to use specific criteria/instrument in advising the minister on investment strategy.||The Bill should specify an instrument strategy based on ‘eligible instruments’ for investment. Eligible instruments should be defined in the Bill (see note for examples). Importantly, this should prohibit domestic investment of the Fund. This would help sterilize the inflow of capital and minimize the risk of macroeconomic challenges, sometimes called “Dutch Disease”.
|13(3)||(3) Where the Minister declines to take the advice of the Board he shall refer the matter to the President for determination.||(3) The responsibility for the management of the Fund sits with the Minister. Therefore any decision should take into account the deliberations of the Board but ultimately the final decision should rest with the Minister.||Should be removed as the investments to be made in the Fund are likely to be fairly low risk and diversified therefore this should not require the involvement of the President.|
|15(1)||The Governor shall report quarterly to the Minister on the governance and overall performance of the Revenue Holding Account and Revenue Saving Account of the Fund.||
Lacks clarification on the timing of and publishing of reporting.
|Strengthened by clarifying timing such as “the report on the performance shall be published quarterly in the Gazette and on the Minister of Finance’s website no later than 30 days after the end of the quarter”.|
|15(2)||The Governor shall report quarterly to the Minister on the governance and overall performance of the Revenue Holding Account and Revenue Saving Account of the Fund.||Strengthened by clarifying timing such as “the report on the performance shall be published quarterly in the Gazette and on the Bank’s website no later than 30 days after the end of the quarter”.|
|15(3)||(3) The Controller and Auditor General shall make quarterly audit of the reports submitted under subsection (1) and (2).||To be strengthened by clarifying timing such as “the report on the performance shall be published no later than x months after the publication of (1) and (2) in the Gazette and on the Ministry of Finance’s and or CAG’s website”|
|PART IV: FISCAL RULES||General: Central to Tanzania’s proposed fiscal rules is the country’s GDP forecasts. Timing of forecast, publishing the forecast
|The government may wish to consider the use of the non-resource GDP in the fiscal rules if GDP is likely to be more volatile than non-resource GDP. The responsibility of the GDP forecasts will need to be defined. Such as
(1) GDP estimates for the fiscal rules will be determined in March every year by the Ministry of Finance to inform formulation of the Budget.
(2) Forecasts will be published in the gazette and the Ministry of Finance website.
(3) The Ministry of Finance may commission an external review of the forecasts from a independent and reputable agency within 30 days, which will also be made available in the gazette and the Ministry of Finance website.
|17.-(1) (b)||(b) maintenance of fiscal deficit excluding designated oil and gas revenue at 3% of the GDP when such revenue attains a level of at least 3 % of the GDP;||Lacks clarity as to whether this provision means the government must always run a non-resource deficit of 3% or this refers to the limit?
|This needs to be clarified such as: “maintenance of fiscal deficit excluding designated oil and gas revenues at 3% of the GDP from such a time when revenues attains a level of at least 3 % of the GDP until a time when revenues fall permanently below 3% of GDP”.
|17-(1) (c)(i)||All designated revenue are deposited into Revenue Holding Account where-||Lacks clarification on the timing of transfers into the consolidated fund This will help orderly management of oil and gas revenues.
|For example: “transfers from the Revenue Holding Account equivalent to one quarter of the budgeted oil and gas revenue financing should be transferred into the Consolidated Fund”
|(aa) in any fiscal year, at most an amount equal to 3% of the GDP is transferred to the Consolidated Fund for budgetary use, and at least 60% of such transfer is dedicated to funding strategic development expenditure including human capital development, particularly in the area of science and technology;||The requirement to invest in strategic development expenditure can cover the full spending worth 3% of GDP and need not be limited to 60% of this amount.
|This provision can be strengthened. Potential options to strengthen this may be:
(cc)Every xx years the government will prepare and publish a plan for the use of oil and gas revenues identifying priority areas and financing targets that are linked to a national development plan and aligned with the Medium Term Expenditure Framework.
(dd)The use of oil and gas revenues for each Ministry will be presented in Budget Appropriation Bill for consideration by parliament.
(ee) Details of the government’s use of oil and gas revenues in the previous financial year will be included in an annual report on the Oil and Gas Funds.
|(bb) any amount of money in Revenue Holding Account which is in excess of 3% of the GDP is automatically transferred to the Revenue Saving Account;||Lacks important clarification on the timing. This provision does not guarantee this if transfers are regularly made to the Consolidated Fund. Specify quarterly transfers at the same time that transfers to the Consolidated Funds are made.||“Any money in the Revenue Holding Fund in excess of the budgeted 3% of GDP will be transferred to the Revenue Saving Account once quarterly”.|
|(ii) in the event the designated oil and gas revenue falls short of 3% of the GDP in any particular fiscal year, money sufficient to offset the shortfall in the budget should be drawn from the Revenue Saving Account and deposited to the Consolidated Fund,||The withdrawal rule also needs clarification. Withdrawals should not be allowed when oil and gas revenues fall permanently below 3% of GDP. This could be strengthened by some long-term provision for the fund.||Insert (iii) “Once oil and gas revenues fall permanently (as resource approach depletion point) below 3% of GDP withdrawals should not exceed the earnings on the Revenue Savings Account”.|
|17(1) (e)||(e) availability of fund for investment by National Oil Company||Tying funding of the National Oil Company (NOC) to 0.1% of GDP does not ensure that the NOC receives a share of revenues that is appropriate given its objectives or an amount that it has the capacity to spend. It also ties NOC financing to GDP which may at points increase rapidly, pushing up NOC revenues, when the capacity to spend my not be there. Earmarking revenues in the Revenue Savings Account while trying to maintain the Funds aims for stabilisation and long-term savings will be difficult. This is because it ties Tanzania’s long-term savings to NOC financing. The financing of the NOC can provided though the consolidated fund (budget) or even deducted from the holding fund in advance. This can ensure that savings accrued in the Revenue Saving Account
can focus on other aims of stabilisation and building long run savings.
|Consider an option of adopting multi-year financing agreement or a rule-based approach (perhaps with a cap).
This could be set at a maximum of retained earnings and related to various performance benchmarks.
|(ccc) the request is proposed by the Minister responsible for energy and approved by the Minister for Finance before submission to the National Assembly.
|Given that the NOC will be using a significant share of petroleum revenues or savings the Bill would be strengthened by making reporting and transparency requirements for the NOC. For example:||Insert the following provisions:
(iv) within one month of approval by parliament the NOC’s annual budget should be published on the NOC’s and Ministry of Finance website.
(v)Audited accounts will be submitted to parliament and also published on the NOC’s and Ministry of Finance website before the end of the second quarter of the year.
(vi) A report on NOC spending for the previous fiscal year covering revenues, costs, revenue flow between NOC and the state, production, plans, results of oil trading and quasi-fiscal activities should be published before the end of the first quarter of the year. This should be submitted to parliament and published on the NOC’s and Ministry of Finance’s website.
|17(1)||The Bank shall report on the operational performance of the Fund and publish an audited report in the official Gazette and website of the Bank.||Lacks specificities with regards to closing balances of the funds, timing and reconciliation.
|a. The closing balances of the funds should also be presented etc. This should include details of spending of oil and gas revenue for the same period.
b. The balance of revenues received should be presented next to inflows and outflows from the fund.
c. The report should also be presented to Tanzania Extractive Industries Transparency Initiative (TEITI) for consideration.
In June 16th of 2015, the Government of Tanzania tabled before the parliament three bills related to extractive industries among others under certificate of urgencies. The bills are: The Tanzania Extractive Industries (Transparency and Accountability) Act 2015, The Oil and Gas Revenue Management Act 2015 and the Petroleum Act 2015. To this effect, We the undersigned Civil Society Organizations (CSOs) upon receiving the copies convened and deliberated on the bills in Dares Salaam from June, 21-23rd, 2015 aiming at providing inputs for improvement of the proposed legislations with national interests at the fore.
We, therefore highly COMMEND the government for its efforts and determination to manage this national wealth effectively and strategically for the benefit of the current and future generations of this country. We UNDERSCORE the fact that, in the overall, the three bills have many positive aspects to safeguard national interests in tandem with encouraging investment in the sector; ensuring transparency and maintaining macro-economic stability.
We are CONCERNED about the rushed process to pass these important pieces of legislation while the need to have these legislations was never a new knowledge to the government. We take a serious note of the fact that this is becoming a government practice as it was the case with the Mining Act 2010. Nevertheless, it is critically important that the government gets the legislations right.
We APPEAL to the members of Parliament to diligently scrutinize the bills despite the fact that election fever is beginning to override other priorities.
1.1 Draft Petroleum Act, 2015
While the bill sets up a sophisticated institutional structure for the managing the petroleum sector, designed potentially to promote checks and balances and specialization among the different functions necessary in order to manage the sector effectively; there are several sections that risk creating administrative overlap, confusion, or distorting the incentives of these public institutions to optimally manage the sector. Most importantly, the unclear use of the word “exclusive” in relation to National Oil Company’s powers in Sections 10(2) and 45 creates a risk of conflicting interpretations and accountability challenges. While such a system can confer certain advantages in terms of empowering the NOC to learn the business and chart its own partnership strategies, it also carries the risk that the selection of partners will be driven more by the NOC’s commercial interest than the overall national interest. This is inconsistent with the spirit of the National Gas Policy and the 2014 draft Petroleum Policy.
Furthermore, it is critically important that the bill makes provisions that require publication of key information to enhance transparency of the petroleum sector. These may include but not limited to: bidding documents pre-qualification criteria, a list of pre-qualified companies, bid criteria, list of bidders, the winning bid, a bid evaluation report justifying the winning bid based on the criteria. Full text contracts, along with their amendments and annexes, and beneficial ownership of license holders, Environmental impact assessments, environmental management plans and annual reports and local content plans and reports.
1.2 Oil and Gas Revenue Management Act 2015
The proposed legislation contains very important provisions to ensure prudent management of revenues accruing from oil and gas extraction; maintain fiscal and macroeconomic stability and aligning strategic investment with medium to long term development priorities, hence, sustainable development. However, the proposed fiscal rules do not guarantee inter-generational equity in terms of saving a proportion of the revenues for future generation as provided in the Natural Gas Policy 2013.
Limiting the funding for strategic development expenditure to 60% of funds transferred to consolidated account may undermine requirements for such investments when the absorption capacity warrants spending 100% or more of the transfer to consolidated account from the Fund. Further, the proposed law lacks clarity on the maintenance of fiscal deficit (Section 17. (1)(b). For more clarity, the provision ought to be improved to ensure that maintenance of fiscal deficit takes into consideration the timing of revenue flow (excluding designated oil and gas revenues) from such a time when revenues attain a level of at least the set cap of 3% of GDP when revenues fall permanently bellow the cap.
While the proposed law intends to ensure availability of funds for investment by the National Oil Company (NOC), tying funds of the NOC to 0.1% of GD does not necessarily guarantee a share of revenues that is appropriate given its objectives and or its capacity to spend. To avoid potential challenge of either underfunding or overfunding of NOC, the government may consider funding through Consolidated Account based on the NOC’s medium to long term investment plan.
1.3 Tanzania Extractive Industries (Transparency and Accountability) Act 2015
The proposed law intends to strengthen Tanzania’s commitments to revenue transparency and accountability which kicked off since joining the EIITI global movement in 2009.We noted that since then TEITI Multi stakeholder Group (Operations) has been done through a Memorandum of Understanding, without any legislation. This being the case the coming of the bill is highly welcome. The proposed law now provides legal basis for the enforcement of commitments on transparency as well as promoting effective citizen participation and awareness of resources governance in extractive industry.
However we need to raise our concerns that this law intends to make the committee government entity reporting to the Minister thereby lacking independence. We call upon the government to ensure that the governing body (TEITI MSG) retains its autonomy and independence, retain its capability to nominate its own members, raise its own material and human resources as well as ensure protection from political interference for optimal performance.
CALL UPON DECISION MAKERS to show leadership in ensuring the legislation is done in a prudent, inclusive, transparent and participatory manner with the national interest at heart.
|No.||Section||As in the draft bill||Recommendation for Amendment||Reasons for the proposal|
|1.||6.||The Commissioner for Petroleum Affairs shall be the advisor of the Minister on policy, plans and regulations as well as the day to day administrative matters in the oil and gas subsector.||T o create Deputy Commissioners with specific functions on Petroleum and/or Energy||It may be appropriate to retain and strengthen office of the Commissioner for Energy to avoid overlap|
|2.||7.||There shall be constituted within the Office of the President the Oil and Gas Advisory Bureau which shall advise the Cabinet on strategic matters relating to oil and gas economy.||a) As a coordination mechanism for authorising environment, it can be established by executive directive just like the Presidential Delivery Bureaub) No functions, roles and responsibilities outline||Despite its importance it should not be created by the statute.|
|Should be left to Commissioner, PURA and EWURA||To avoid conflict of interest as key commercial player in the sector|
|4.||10 (2)||The National Oil Company, shall have exclusive rights over natural gas midstream and downstream value chain to undertake the following:||Mid stream and downstream should be subject to competitive diverse players to avoid monopoly.Define what is exclusive? Is it excluding other competitors or ensuring NOC does not have to go through licensing processes?||· Possible undermining the roles of regulator as set in Sub-Part IV on licensing of midstream and downstream activities· Elimination of business competition which will hinder achievement of local content targets.
· It also raises transparency and accountability challenges
|5.||S. 45||The National Oil Company shall have exclusive right over all petroleum rights granted under this Part.||
||· This section raises accountability challenges as well it may create institutional monopoly.· TPDC may serve its commercial interest which may not necessarily be national interest.
· This contravenes with policy of open bidding but also section 49 of this Bill.
|6.||51.-(1)||The Minister may, by notice published in the Gazette, declare certain block to be reserved for public interest or to be awarded direct to the National Oil Company.||
| PURA may, with a written approval of the Minister, make available to the public
The data submitted to PURA by a licence holder shall be treated as confidential and not be reproduced or disclosed to the third parties by any party under this Act except-
|· All the information should be open as under commitments under EITI and Open Government Partnership(OGP)· The information should be accessible for public free of charge||· Charging fee may be used as way of concealing the information from the public.· It also includes academic institutions that may be needed for learning and research|
|8.||101||3) The licence holder and contractor shall not flare or vent petroleum without prior consent from PURA.(5) Nothing in this section shall prevent the licence holder and contractor from flaring petroleum in.||· It should be the Minister to issue permission to flare upon written advice from PURA and NEMC· The powers of NEMC should be clearly spelt out in environmental management of the sector
|The issue of gas flaring should have been captured under section 209 to give more powers to NEMC as it has economic and environmental .It should be left to PURA alone.|
- The role of the Commissioner for Petroleum Affairs (Section 6) is not clear, and more detail on that person’s appointment process, responsibilities, and/or place in the institutional hierarchy would help avoid risk of confusion.
- The Bill contains no requirements for PURA, EWURA or TPDC to report to the public or to Tanzania’s parliament. Nor does any specific requirement for these entities to report on their activities or the evolution of the sector appear to be included within the draft Extractive Industries (Transparency and Accountability) Act. International practice has shown that strong mechanisms for promoting performance and accountability among regulatory bodies and state-owned entities are closely correlated with success. At a minimum, we recommend that each of these bodies be required to conduct an annual independent audit and to lay a copy of that audit and an annual report on activities before the National Assembly. Such provisions could, for example, be included in Section 10 (for TPDC), Section 13 (for PURA)and/or Section 31 (for EWURA).
- The Bill takes certain positive steps toward promoting transparent and competitive licensing of upstream licenses. But in addition to the confusion surrounding the terminology on TPDC’s role, discussed above, there is room for improvement in other elements of the licensing/contracting procedure:
- Section 46 provides relatively weak procedures for pre-qualification. It may be that not all elements of the pre-qualification process need to be included in this law, but at a minimum the law should call upon the Ministry/PURA/TPDC to establish standard procedures for assessing company “capacity, technical knowledge and financial capability.” As it stands now, the language of 46(b) leaves the door open to significant, and unnecessary, discretion.
- Section 49 could be strengthened by:
- Clarifying the conditions in 49(3) under which a shift from competitive tender to direct negotiation is permitted. The current drafting—“ Where all or part of the area tendered in a competitive public tender process for an award of an agreement has not become effective, and it is for the public interest”—is unclear and leaves scope for substantial discretion.
- Requiring the Minister to declare publicly the reasons for opting for award by direct negotiation.
- Supplementing Section 49(2) with requirements to publish the scoring criteria for a tender process, and the reasons that a winning bidder was selected.
- The penalties set for the offences by corporations do not reflect the consequences and impact of the petroleum sector.
It will therefore not deter contravening of the rights and obligation under this bill (Section 96,98, 99, 100)
For example section 209(7)
A person who carries on management of production, transportation, storage, treatment or disposal of waste arising out of petroleum operation without a licence or fails to comply with the terms and conditions prescribed in the licence, commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months.
- Oil and Natural Environmental Alliance(ONGEA)
- Policy Forum
- Interfaith Committee on Economic Justice
- International Alliance of Natural Resources in Africa(IANRA)
- Governance and Economic Policy Centre