was motivated to write this piece after reading Freddy Macha’s article (a regular columnist writing from London), which was published in THE CITIZEN of Friday, 20th September, 2019. He was making a contribution on a news item which dominated the electronic media recently, namely, that of President John Pombe Magufuli’s unscheduled (unannounced) visit to an on- going construction project of an abattoir, or slaughterhouse, at Vugunguti, in the city of Dar es Salaam.
According to Freddy Macha: “JPM’s abattoir visit was such a rare event even by international standards”. He then continued as follows: “President Magufuli’s visit to Vigunguti, should be an example of correct leadership, so much needed in Africa”.
Apparently relying on a You Tube clip, Freddy Macha said in his article: “Thanks to modern live television, the first thing you noticed was the spontaneity, the sincerity, and sense of genuine drama as the President walks in, very well protected as usual. Then all the responsible chiefs present at the site are openly questioned, starting from the main contractor, the Director of Operations, and the Dar es Salaam Regional Commissioner. Plus, the local area residents, who expressed their deep - held grievances on a variety of issues”. And “that is where the outstanding skills of this President rolled sharply into focus: a kind of ‘street Parliament’ came into being. Eventually, he orders the project to be completed by December 2019 (they have to workday and night) . . .. What President Magufuli did in Vigunguti this week is about being accountable and using power correctly. This should be an example of correct leadership so much needed in Africa”. Those were Freddy Macha’s observations.
But that is actually President Magufuli’s regular leadership style.
It would appear that Freddy Macha’s vigorous excitement about this single performance by President Magufuli, may probably be a result of his prolonged absence from Tanzania, which therefore accounts for his having missed many other similar unscheduled visits by President Magufuli, to all kinds of sites and locations, for the same purpose of inspecting whatever was going on there; and giving instant, “on-the spot guidance” to the relevant operatives; which has resulted in enormous economic benefits to our country and nation. For those of us who have observed President Magufuli “in action” over the last nearly four years now, this is his unique style of leadership; which may be described in the following terms: Firstly, that he is a “doer”, or “a man of action”. Secondly, that he is “a man of his word”, that is to say, a person who actually does whatever he promises to do, otherwise known as a person “who walks his talk”. And thirdly, that that he is an innovator”, i.e. a person who introduces new ideas, or new ways of doing things.
His unprecedented positive performance in almost every field speaks for itself; including: the rapid provision of new infrastructure in terms of new and/or renovated old School buildings; large numbers of new hospital buildings and equipment; numerous new clean water schemes; plus new bridges and tarmac roads infrastructure projects, all over the country.
But with regard to his regular, impromptu inspection visits to problematic, non- performing areas or locations; perhaps the most outstanding example is when, in late 2016, he paid such an unscheduled visit to Dar es Salaam Harbour; where he discovered a rather large number of containers waiting to be shipped to destinations outside the country, which he instinctively suspected were probably loaded with valuable mineral materials. The ‘man of action’ ordered certain steps to be taken immediately to investigate the matter. These investigations revealed a major “disorder” in the mining sector, which had previously remained unknown, or undetected. Thereafter, he quickly set about to put that sector “in order”, with measures, which culminated in the enactment of two historic “natural Resources protection laws” by the Parliament of the United Republic of Tanzania. These were: - (i) “The natural Wealth and Resources Contracts (Review and Re-negotiation of unconscionable Terms) Act, 2017”; and (ii) “The Natural Wealth and Resources (Permanent Sovereignty) Act, 2017. The two laws were closely followed by the enactment of a third law, cited as “The Written Laws (Miscellaneous Amendments) Act, 2017; which made major important amendments to six other laws; whose overall effect was to strengthen the supervision and control of the mining sector, and its allied sectors of oil and natural gas, by the Government, but also served to improve Government revenue collections from those sectors.
Reporting on these events the next day, the DAILY NEWS of Tuesday, 4th July, 2017, joyfully reported thus on its front page :- “The overwhelming support given to these Government Bills by Parliament last evening, has heralded an entirely new era, to be based on a strong legal base, which will protect the country’s natural resources and safeguard Tanzania people’s economic welfare. The new laws are expected to put the mining sector’s ‘house’ in order, after the dust has settled from the recent revelations by two special committees of experts, appointed by President Magufuli, of massive thievery and deception which have, for a long time, been perpetrated by the specified mining firms, which were taking advantage of faulty mining contracts and inappropriate applicable laws”.
What these new laws provided for.
The Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Act, 2017; defines “unconscionable terms” as “any terms in any contract, or Agreement , regarding the country’s natural resources, which is contrary to good conscience; and whose enforceability jeopardizes, or is likely to jeopardize, the interests of the People of the United Republic of Tanzania”. The Act, consequently, grants new powers to the National Assembly to review any such contracts or Agreements. It also stipulates the procedures to be followed in respect of any such review process.
The Preamble to this Act is what gives all the basic reasons for the enactment of this law. It reads as follows: - “WHEREAS, by virtue of article 27 of the (country’s) Constitution, the protection of the natural resources and wealth in the United Republic is charged on its People and the Government, the control of which is entrusted to the President; AND WHEREAS, by virtue of article 9 (c ) and (i) of the Constitution requires all activities of the Government to be conducted in such a manner as to ensure that the national wealth and heritage are harnessed, preserved and applied, for the common good, and in order to prevent exploitation; and further to ensure that the use of the national wealth and heritage places emphasis on the development of the People and the United Republic; AND WHEREAS, the Government has resolved to fairly and equitably undertake protracted measures intended to ensure that the natural wealth and resources of the United Republic are used for the greatest benefit and welfare of the People and the United Republic, by ensuring that all arrangements or Agreements entered into by the Government shall protect the interests of the People and the United Republic; AND WHEREAS, pursuant to law, the United Republic has permanent sovereign rights for the purpose of exploring, exploiting, and managing its natural resources;
AND WHEREAS, the United Republic, being a sovereign state, has permanent sovereignty over all its natural wealth and resources, thus imposing on the Government the responsibility of ensuring that the interests of the People of the United Republic are paramount, and are fully protected in any arrangement or Agreement which the Government makes, or enters into, in respect of such natural wealth resources . NOW, THEREFORE, it is enacted . . .”
That then, is the Preamble to the first law. As can be seen, it provides clarity regarding the reasons, or justification, for its enactment; which is. primarily, to protect the economic interests of the people of the United Republic of Tanzania.
The second law, as we have already seen, is “The Natural Wealth and Resources (Permanent Sovereignty) Act, 2017”; which makes provision for giving statutory recognition to the country’s “permanent sovereignty” over its natural wealth and resources. This Act proclaims loudly that “the people of the United Republic shall have permanent sovereignty over all the country’s natural wealth and resources”; and further declares, for the avoidance of any doubt, that “the ownership and control over its natural wealth and resources shall be exercised by, and through, the Government on behalf of the people, and the United Republic”. The Act also makes provision for the inalienability of the country’s natural wealth and resources in the following terms: “The (country’s) natural wealth and resources shall be inalienable in any manner whatsoever and shall always remain the property of the People of the United Republic”.
It further provides that such natural wealth and resources “shall be held in trust by the President, on behalf of the people of the United Republic.
Thereafter, the Act imposes certain prohibitions in the following terms: “It shall be unlawful to make any arrangement or Agreement for the extraction, exploitation, or acquisition and use, of the (country’s) natural wealth and resources, except where the interests of the People of the United Republic are fully secured, and must be approved by the National Assembly”.
Thereafter, the Act imposes certain prohibitions in the following terms: “It shall be unlawful to make any arrangement or Agreement for the extraction, exploitation, or acquisition and use, of the (country’s) natural wealth and resources, except where the interests of the People of the United Republic are fully secured, and must be approved by the National Assembly”.
The Act also includes a number of other provisions which are designed to benefit the people of Tanzania in a variety of other ways, and to enable the country to benefit substantially from the disposal of its natural resources. There is no doubt that these new laws, which are the brainchild of President John Pombe Magufuli, will make a huge contribution to the multiple efforts being exerted in the direction of uplifting the country’s economy, and the general welfare of its people, in particular, through the provision of increased and improved public social and economic services.
“Magufuli for change”
“Magufuli for change” was President Magufuli’s campaign slogan during the 2015 Presidential elections. We now have clear evidence that he has, indeed, “walked his campaign talk”.
This reminds me of what is known as the “Madisonian view”, that is to be found mostly in American political science literature, and is expressed thus:- “The aim of every political system is, or ought to be: first, to obtain as rulers men who posses most wisdom to discern, and most virtue to pursue, the common good of society; and in the next place, to take the most effective precautions to keep them virtuous while they continue to hold the public trust”.
Thus, relying on that statement, I would venture to suggest that in our own case, our political system (through nomination by Chama cha Mapinduzi and endorsement by the majority of the Tanzanian voters) has, indeed, been able “to obtain for the country’s ruler” (President) a man from Chato called John Pombe Magufuli (JPM) who, apparently. “possesses the wisdom to discern, plus the virtue to pursue, the common good” for the Tanzanian Society.
What is required now is for the same system to carry out the remaining task, of “taking the most effective precautions to keep JPM virtuous while he continues to hold public trust”, i.e. for the remainder of his constitutionally mandated term of office.
Thus, relying on that statement, I would venture to suggest that in our own case, our political system (through nomination by Chama cha Mapinduzi and endorsement by the majority of the Tanzanian voters) has, indeed, been able “to obtain for the country’s ruler” (President) a man from Chato called John Pombe Magufuli (JPM) who, apparently. “possesses the wisdom to discern, plus the virtue to pursue, the common good” for the Tanzanian Society.
What is required now is for the same system to carry out the remaining task, of “taking the most effective precautions to keep JPM virtuous while he continues to hold public trust”, i.e. for the remainder of his constitutionally mandated term of office.
piomsekwa@gmail.com/0754767576.
Source: Daily News and Cde Msekwa Himself.