ARRANGEMENT OF SECTIONS
1. Short title.
4. Application of the Agreement to Tanzania.
5. Transfer and vesting of assets in Tanzania.
6. Liability of the United Republic.
7. Provisions relating to joint institutions and common services.
8. Status, immunities and privileges of joint institutions.
9. Immunities and privileges of employees.
10. Disapplication of Community laws.
13. [Repeal of Act No. 42 of 1967.]
THE EAST AFRICAN COMMUNITY MEDIATION AGREEMENT ACT
An Act to give effect to certain provisions of the East African Community Mediation Agreement, 1984, and to provide for related matters.
[4th May, 1984]
Act No. 2 of 1987
WHEREAS an Agreement for the Division of the Assets and Liabilities of the former East African Community, cited as "the East African Community Mediation Agreement, 1984", and set out in the First Schedule to this Act, was signed on the 14th May, 1984, on behalf of the Governments of the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya, at Arusha, Tanzania:
AND WHEREAS it is proper that provision be made for giving effect to certain provisions contained in the said Agreement:
NOW THEREFORE BE IT ENACTED by the Parliament of the United Republic of Tanzania as follows:
This Act may be cited as the East African Community Mediation Agreement Act.
This Act applies to Mainland Tanzania as well as to Tanzania Zanzibar.
In this Act, unless the context requires otherwise–
"Act of the Community" means an Act of the former Community enacted in accordance with Article 59 of the Treaty;
"the Agreement" means the East African Community Mediation Agreement, 1984, signed by the Governments of the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya, as from time to time amended under any of its provisions or modified in any other ways;
"Community law" means any law, whether or not subordinate legislation, enacted or made by or for the former Community under the provisions of the Treaty;
"the former Community" means the former East African Community established by Article 1 of the Treaty;
"Contracting State" means the United Republic of Tanzania or the Republic of Uganda or the Republic of Kenya;
"common services" means the Soroti Civil Flying School and the Inter-University Council for East Africa or any other common service which may be declared to be an East African common service pursuant to Article 14.02 of the Agreement;
"the Corporations" means the East African Railways Corporation, the East African Posts and Telecommunications Corporation, the East African Harbours Corporation, and their subsidiaries, collectively;
"joint institution" means the East African Development Bank or any institution which may be declared under this Act to be a joint East African institution pursuant to Article 14.02 of the Agreement;
"Minister" means the Minister for the time being responsible for finance;
"specified institutions" means the Soroti Flying School, the East African Development Bank and the Inter-University Council for East Africa;
"the Treaty" means the Treaty for East African Co-operation set out in the Schedule to the Treaty for East African Co-operation (Implementation) Act *.
Subject to the following provisions of this Act, the provisions of Articles 3, 4, 5, 7, 8, 9, 10,11, 12, 14 and 15 of the Agreement shall have the force of law and shall apply to the United Republic in accordance with this Act.
(1) All the assets which, immediately before the commencement of this Act, were vested in the former Community by the Treaty and which were allocated to the United Republic under the Agreement are hereby vested in the Government of the United Republic.
(2) The Minister shall, with the prior approval of the President, as soon as practicable and at any rate within not more than twelve months after the enactment of this Act take such measures, including legislation, as he may deem necessary or desirable to transfer or vest the assets vested in the Government by this section to such person, body of persons or public authority as he may deem fit for the effective assumption and operation of the assets and property concerned.
(3) Notwithstanding subsection (2), the assets and property relative to the management of affairs, property and operations of each Corporation specified in the first column of the Second Schedule to this Act are hereby transferred and vested in the body corporate specified in the second column of that Schedule opposite to the Corporation in question.
(4) The transfer to and vesting of any assets in any body corporate under this section shall be deemed to be subject to such terms and conditions as the Minister may determine, including the East African Community Mediation assumption by any body corporate of liabilities relating to the assets being transferred.
(1) The Government shall in respect of the assets referred to in section 5 be subject to the liabilities of the Community to the extent provided in the Agreement.
(2) For the purposes of this section, there shall be charged on and paid out of the Consolidated Fund without further appropriation other than this section, all such payments as are certified by the Minister to be payment required to be made in discharge of the liabilities of the United Republic under the Agreement.
(1) Notwithstanding this Act or any other law, the specific institutions shall by virtue of this Act operate as joint East African institutions or common services, as the case may be.
(2) The Minister may, by order published in the Gazette, declare such other institution or organisation as may be agreed to pursuant to Article 14.02 of the Agreement to be a joint institution or a common service.
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