How the Berlin Conference Clung on Africa: What Africa Must Do

How the Berlin Conference Clung on Africa: What Africa Must Do

Friday, 17 May 2024

HOW PRESIDENT MAGUFULI ‘DECOLONIZED’ TANZANIA’s MINING ECONOMY.


The main focus of today’s presentation will be on the late President John Pombe Magufuli’s efforts in ‘decolonizing’ Tanzania’s mining economy. I was motivated to write piece after reading an article titled “Tanzania’s mining renaissance: Prospects and lessons” by  Samwel Ndandala, which was published by THE CITIZEN on Thursday, 9th May, 2024;  plus his learned quotation from William Shakespeare’s Julius Caesar, which says  that “There is a tide in the affairs of men which, taken at a flood leads on to fortune. Omitted, all the voyage of their lives is bound in shallows and in misery”. I was enthused by this quotation, mainly because the same Shakespeare’s Play ‘Julius Caesar’ also has some other equally instructive sayings; which we will refer to a little later below.                         
        I was additionally moved by Ndandala’s reasons for asserting that “Tanzania’s mining sector is on such a high tide”, namely: (i) that ‘the reforms that were introduced in the last five years have paved the way for trust-building between the government and the private sector’; (ii) that ‘the framework agreements crafted, and now widely used in the mining sector fostered clarity for prospective investors; and (iii) that ‘the government seems to be serious about investment in the mining sector’.                                     
         I fully agree with Ndandala’s observations, and I will take this opportunity to elaborate further upon this matter in an attempt to demonstrate precisely how the late President Magufuli decolonized the mining sector economy, by citing the actual pieces of legislation which were enacted by Parliament, on his personal initiative. May his soul rest in eternal peace.  
        From about the middle of the month of march, the mass and social media have extensively dwelt on the three years of President Samia’s distinguished leadership. But since these are the same three years that we have lived without Magufuli at the helm of our nation’s leadership, it is only fair and appropriate, that we should remember to include him and his sterling contributions in such discussions; which this presentation will endeavour to do. 
         But before embarking on discussing that important subject, I wish first to comment on Tundu Lissu’s statement (which has recently been circulating in the social media), that relates to what he claims to be President Nyerere’s illegal  assumption of powers, when he issued the constitutional Presidential decrees in early 1964; namely (i) The Transitional Provisions Decree, 1964 (published on 1/5/1964); (ii) The Interim Constitution Decree (published on 1/5/1964); and (iii) The Transitional Provision (no 2) Decree, 1964 (published on 15/6/1964). Tundu Lissu argues very forcefully, that President Nyerere  had no authority to issue these Decrees.                                    
        I consider such claims to be a serious “misrepresentation of facts” It indeed is true, that this information is given in my book titled “The Transition to Multipartysm in Tanzania” (Dar es Salaam University Press, 1995). But I was writing for an audience, which was knowledgeable about the proceedings leading to the formation of the Union between Tanganyika and Zanzibar, in April 1964; including knowledge of the “Articles of Union”, which is the basic document that actually created this Union, after it was duly ratified by the Legislatures of Tanganyika, and of Zanzibar.   
        This is the constitutional instrument, which gave President Nyerere the power and the authority to make such Decrees, to be used only during the “interim period” (which is similarly defined therein). Thus, anyone who has had no access to this document will, obviously, not be able to  know its contents.
         Hence, for their benefits, I should say that the Articles of Union made provision for many other constitution-related matters for the governance of the new country during the “interim period”, which that document defined as “a period of one year including the following:-
 (a) It made provision for the apex leadership of the Union, by naming Mwalimu Julius Nyerere as the Union President, and Sheikh Abeid Aman Karume as the Fist Vice President (thus removing the necessity for holding elections to fill these leadership positions).        
(b) It established the initial list of eleven matters, what were to be regarded as “Union Matters” 
 (c) It established the ‘Interim constitution’ for the new Union, by specifying that what was the constitution of Tanganyika was to become the  ‘interim Union constitution’, suitably amended to include provisions for Zanzibar’s representatives to be appointed to the Union Executive, and the Union Legislature; plus establishing the ‘two-government structure’ of the Union. We are now ready to go back to today’s topic.
Reflections on the late President Magufuli
As already stated above, the same Shakespeare’s Julius Caesar quoted above by Ndandala has some other equally  instructive sayings, such as this one: “The evil that men do, lives after them. The good is often interred with their bones”, which is said by Mark Anthony. It is my intention to highlight, in this presentation, the late President Magufuli’s “good” governance deeds, and actions, particularly his bold action of ‘decolonizing’ Tanzania’s mining economy, which is discussed later below. 
        Many of our regular readers will probably remember, that I have consistently been presenting in this column, my personal comments of appreciation of the late President Magufuli’s commendable performance, during the period when he was in office; about our departed President’s supreme efforts in raising the standard of living and general wellbeing of the people of Tanzania. It may be remembered that I made the first such presentation immediately after President Magufuli’s completion of one hundred days in office; in which I identified some of the special leadership qualities which he had displayed during that short period.  
        For example, he had promised to “eliminate all wasteful public expenditures”. He had already implemented this promise within the said one hundred days, when, among other things,  he prohibited the purchase of ‘had drinks’ for consumption at government sponsored social events, such as the social evening party that had been organized for Members of Parliament to celebrate the official opening of the 11th Parliament by the President, and ordered the saved money to be spent on purchasing hospital maternity beds for Muhimbili National Hospital. 
        He also diverted the funds which been set aside for the pompous military parade that is normally held at the National stadium to celebrate the anniversary of country’s Independence Day on 9th December, 2015; and ordered the money so saved to be spent on expanding part of the heavily congested Bagamoyo Road in Kinondoni District, Da es Salaam. 
        These actions prompted The Daily News issue of 9th December, 2015, to write a front page news item, which read thus, in part: “President Magufuli has become a continental icon with just a month in office, without even crossing the country’s borders”; and reproduced captions taken from the leading newspapers of South Africa, Ghana, Nigeria and Zimbabwe, all of which showered lots of praise on President Magufuli’s exemplary performance, already  within those hundred days.   
         I continued making similar presentations at the end of each of his subsequent years in office, right up to the end of his first five-year term. My presentation at the end of his first year, focused on another leadership quality he had demonstrated during that year through his actions and personal behavior, which had shown that he was truly “walking the talk of the Bible” as is stated in St Mark’s Gospel, namely that: “Mwajua ya kuwa wale wanaohesabiwa kuwa Wakuu wa Mataifa, huwatumikia watu wao kwa nguvu, na  huwatumikisha. Lakini haitakuwa hivyo kwenu, kwani yule atakayekuwa mkubwa kwenu, atakuwa mtumishi wenu”. I penned similar presentations at the end of each of the subsequent years of his first term in office. 
        This reminds me of our ‘stranded’ new book titled ‘Magufulication’; which tells the Magufuli story in much greater details.  
Our stranded  Magulification’ book
This new book has been unexplainably stranded at the Publishers, ‘GDY Publications Company Ltd’ of Dar es Salaam; in which we attempted to conceptualize President John Pombe Magufuli the man, and what we described as the “Magufulification” concept.             
        In early 2019, comrade Nkwazi Mhango and I, agreed to jointly write a book as co-authors, to which we decided to give the title “MAGUFULIFICATION”, which we presented as “a new concept that will define Africa’s future”. We managed to complete our project, and submitted it to the publishers, ‘GDY Publications Company Limited’ of Da es Salaam.                      
        Unfortunately, however, that book has never seen the light of day. Some of the pieces that appear in this presentation, are narrated in much greater detail, in that book, which we (the authors) still hope, will one day be published; when the Almighty God will grant our Publishers the ‘wisdom’ to fulfill their part of the contract.  
        In the various chapters of that book, we closely looked at President Magufuli’s performance over those five years of his first term, trying to see in him what some other observers seem to have failed, or to have gotten it wrong. What we saw was a man with a big heart, big ideas, and big dreams; with a clear mission-cum-vision; and insurmountable patriotism. We described him as “a breath of fresh air in the life of Tanzania, and Africa in general, who ushered in a new way of doing things through new-style  constructive thinking and acting’.  
        We saw in him, a leader who wanted to clean his country of bureaucracy, corruption, and laziness; and install a sense of accountability, hard work, and self-reliance. Under his mantra, “Hapa kazi tu”, we saw a leader who was energetically struggling to free his country from unnecessary dependency, while it sits on immense natural resources, especially minerals. 
 Decolonizing Tanzania’s mining sector
This refers to President Magufuli’s effective elimination of the exploitation which was being carried out by some of the foreign mining companies working in Tanzania; when he introduced two new, and truly revolutionary pieces of legislation and reforms; which are cited as: 
(i) The Natural Wealth and Resources (Review and Renegotiation of Unconscionable Terms) Act, 2017; 
 (ii) The Natural Wealth and Resources (Permanent Sovereignty) Act, 2017.  
        The first Act granted new powers to the National Assembly to review any mining contract, or Agreement, which appears to jeopardize, or is likely to jeopardize, the interests of the people of the United Republic; and the second Act makes provision for the recognition of the country’s permanent sovereignty over its natural wealth and resources, by declaring that the ownership and control over the country’s natural wealth and resources shall be exercised by or through the Government, on behalf of the people of the United Republic, by providing that “it shall be unlawful and wrongful 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 after has been approved by the National Assembly”. 
        These bold legislative measures, have resulted in greatly increased government revenue collections;  a factor, which has enabled his worthy successor, President Samia Suluhu Hasan, to proclaim her captivating  slogan of “kazi iendelee”; based on which, she has not only continued to successfully implement all the mega-infrastructure projects which were commenced by President Magufuli; but has also added her own numerous new projects, which are actively being implemented in all the socio-economic sectors of the country’s economy.  
piomsekwa@gmail.com/0754767576.
Source: Daily News Yesterday.                                                   

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