Why Samia made sweeping changes in Constitution and Legal Affairs, Health ministries

One of the most significant legal challenges included the one concluded last month when Tanzania reached a settlement agreement to pay $90 million (approximately Sh237 billion) to Indiana Resources and its affiliates.

This settlement followed nearly seven years of arbitration at the International Centre for Settlement of Investment Disputes (ICSID), a branch of the World Bank.

The dispute arose after Tanzania revoked Indiana Resources’ license for the Ntaka Hill Nickel Project in January 2018.

The settlement represents over 82 percent of the original ICSID award issued in July 2023, bringing closure to a protracted legal battle.

In addition to the Indiana Resources case, Tanzania is negotiating settlements with Canadian mining firm Winshear Gold Corp, and is involved in other legal disputes stemming from the 2017 enactment of the Natural Wealth and Resources (Permanent Sovereignty) Act.

The legislation, which aimed to assert the country’s control over its natural resources, has been criticised for its hasty implementation and has led to multiple legal confrontations with investors.

To manage these legal challenges, President Hassan has appointed veteran legal scholar and former Foreign Minister Prof Palamagamba Kabudi as the new minister for Constitution and Legal Affairs, replacing Dr Pindi Chana, who has been reassigned to lead the ministry of Natural Resources and Tourism.

Prof Kabudi brings a wealth of experience, and his appointment is viewed as a strategic move to enhance Tanzania’s legal standing in international disputes while preparing the country for the upcoming General Election.

Simultaneously, Hamza Johari, formerly the Director General of the Tanzania Civil Aviation Authority (TCAA), was named the new Attorney General.

He succeeds Judge Eliezer Feleshi, who has been appointed as a Justice of the Court of Appeal.

Johari’s legal and regulatory expertise is expected to strengthen the government’s legal arm as it navigates both domestic reforms and international arbitration cases.

Further strengthening the legal team, President Hassan appointed Mr Samwel Maneno, formerly the Presidential Legal Assistant, as the new Deputy Attorney General.

Maneno replaces Ambassador Kennedy Gastorn, who has been reassigned as the President’s Legal Advisor on Contracts and Legal Affairs.

Dr Ally Possi, who previously served as the Deputy Permanent Secretary in the Ministry of Transport, has been named the new Solicitor General, further bolstering the government’s legal expertise.

Analysts say that the ‘top legal team’s role will be particularly demanding as Tanzania prepares for the upcoming General Election, a period that typically intensifies legal and constitutional activities.

Analysts weigh in on Prof Kabudi’s reinstatement

According to a Political Science scholar from the University of Dar es Salaam (UDSM), Prof Mohamed Bakari, Kabudi’s return to the Cabinet signals President Hassan’s need for his legal expertise as her administration navigates complex legal reforms and the highly anticipated resumption of the constitutional review process.

“Prof Kabudi, being a competent legal professional, is integral to supervising these critical reforms,” Prof Bakari said.

“His presence at the helm of the ministry will place the government in a strategic position to either advance or pause the constitutional processes demanded by various advocacy groups.”

Reflecting on the removal of Prof Kabudi and former minister for Lands, Housing and Human Settlements Development, Mr William Lukuvi, from the cabinet on January 8, 2022, Prof Bakari dismissed age or inefficiency as factors.

Instead, he noted that their departure was part of a broader strategy to introduce new faces into the administration.

 Now reinstated, both figures bring a wealth of experience, which, according to Prof Bakari, provides a political advantage to President Samia.

“These are seasoned political figures, and their return strengthens the President’s hand, particularly as Tanzania prepares for upcoming political and economic challenges,” he said in a phone interview.

Meanwhile, legal professionals have raised concerns regarding the new AG, claiming that while he is respected for his career achievements, including his tenure in TCAA, questions remain regarding his qualifications within the legal fraternity. They claim that his standing within the Tanganyika Law Society (TLS) is unclear.

The former President of TLS, Dr Rugemeleza Nshala, emphasised that the position of Attorney General traditionally requires the appointee to be a registered advocate who has practiced law for a minimum of 15 consecutive years.

“The concern is whether the new AG meets this criterion, especially as he will be tasked with leading seasoned advocates who have practiced for many years,” Dr Nshala noted.

“The public has not been informed about his status regarding this critical qualification,” he added.

Health issues

Beyond the legal sphere, President Hassan’s decision to revamp the ministry of Health reflects the government’s commitment to enhancing healthcare services.

She has appointed Jenista Mhagama to replace Ummy Mwalimu. She has also appointed Dr Irene Isaka as the new director general of NHIF, taking over from Bernard Konga.

Though Ms Mwalimu has done a commendable job in certain areas, including during the time that Tanzania and the rest of the world were battling the Covid-19 pandemic and in improving service delivery, a lot of work still needs to be done at the docket.

Just last week, a vivid misunderstanding saw the NHIF announcing that it was ending its contract with the Aga Khan at 11 of its 24 health facilities.

NHIF announced that it was suspending services at the Aga Khan Hospital in Dar es Salaam and several other health centres starting August 14, 2024.

It took the wisdom of some people in the government to bring the two parties together and on Tuesday, NHIF announced that medical services at Aga Khan Hospitals will continue as usual until further notice.

A look at the reports by the Controller and Auditor General (CAG) also points to how immediate measures were needed to turn around the NHIF.

Presenting the 2022/23 audit reports in March this year, the CAG, Mr Charles Kichere, warned about the sustainability of NHIF, identifying several challenges, including a substantial debt owed to the fund by the government.

In the financial year 2022/23, said Mr Kichere, the loss was Sh156.77 billion, down from Sh205.95 billion in 2021/22.

However, he underscored challenges jeopardising the fund’s viability, citing outstanding government loans as a significant burden.

“A loan of Sh208 billion is imposing a significant financial burden on the fund,” he said, adding that he was aware the government planned to repay Sh180 billion in the 2023/24 budget.

Another challenge affecting NHIF, Mr Kichere said, was the fact that retirees and their spouses were accessing services without contributing, costing the fund Sh84.70 billion annually.

Changes in the ministry of Health and NHIF have been met with cautious optimism by stakeholders. Chairperson of the Association of Private Health Sector Facilities in Tanzania (APHFTA), Dr Egina Makwabe, expressed her entity’s readiness to work with the new leadership.

“We welcome the new appointees and look forward to collaborating closely with them. We expect to be treated as partners in the provision of healthcare services,” said Dr Makwabe.

She added that discussions between NHIF and private health sector players have been ongoing, with a recent meeting held to address key challenges in healthcare delivery.

Speaking during the swearing-in ceremony on August 15, President Hassan emphasised the importance of balancing professionalism with practical wisdom in public service.

She urged the new appointees to utilise common sense when appropriate to enhance efficiency in their roles.

“In your duties, there is always room for professionalism, but sometimes common sense must take precedence. Use it wisely where it fits,” the President advised.

She also stressed the importance of maintaining ethical standards and abiding by the oaths taken during the ceremony, framing the appointments as part of normal governance adjustments.

Vice President Philip Mpango also addressed the appointees, reminding them of the weight of responsibility entrusted to them. He encouraged them to repay this trust with diligence and effective collaboration with their peers.

Chief Justice Prof Ibrahim Juma echoed these sentiments, highlighting that while Africa has some of the best policies and laws, the challenge often lies in implementation due to varying attitudes. He urged the new leaders to be courageous and uphold integrity in their decision-making.

Deputy Speaker of the National Assembly Mussa Azan Zungu added that confidence, integrity, and discipline are key to ensuring effective public service. His words underscored the high expectations placed on the appointees to lead with unwavering commitment.

As these newly appointed officials take up their roles, the public and key stakeholders alike are watching closely to see how these changes will translate into improved governance and service delivery, particularly in the health sector.