CHAPTER 233
EASTERN AND SOUTHERN AFRICAN MANAGEMENT INSTITUTE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title and application.

   2.   [Omitted.]

   3.   Interpretation.

   4.   Institute to have capacity of body corporate.

   5.   Transfer of assets and liabilities.

   6.   Financial provisions.

   7.   Certain provisions of the Agreement to have force of law.

   8.   Amendment of the Agreement.

SCHEDULE

CHAPTER 233
THE EASTERN AND SOUTHERN AFRICAN MANAGEMENT INSTITUTE ACT

An Act to give effect to certain provisions of the Agreement establishing the Eastern and Southern African Management Institute.

[28th February, 1980]

Act No. 3 of 1987

   WHEREAS the East African Management Institute was established by the Governments of the United Republic of Tanzania, the Republic of Kenya and the Republic of Uganda under the East African Management Institute Act, 1974:

   AND WHEREAS the Governments of the United Republic of Tanzania, the Republic of Kenya and the Republic of Uganda at a meeting held in Arusha, Tanzania, on the 28th February, 1980, decided that the East African Community Management Institute should be converted into an Eastern and Southern African Management Institute:

   AND WHEREAS an Agreement establishing the Eastern and Southern African Management Institute (hereinafter referred to as "the Agreement") was signed at Arusha, Tanzania, on the 28th February, 1980:

   AND WHEREAS it is proper that the United Republic should make provision for giving effect to certain provisions contained in the Agreement and fulfil its obligations under it:

   NOW THEREFORE BE IT ENACTED by the Parliament of the United Republic of Tanzania as follows–

1.   Short title and application

   This Act may be cited as the Eastern and Southern African Management Institute Act and applies to Mainland Tanzania as well as Tanzania Zanzibar.

2.   Omitted

   [Omitted and incorporated into s. 1.]

3.   Interpretation

   In the Act, unless the context otherwise requires–

   "Agreement" means the Agreement establishing the Eastern and Southern African Institute signed at Arusha on the 28th February, 1980, and certain provisions of which are set out in the Schedule to this Act;

   "Board" means the Governing Board of the Eastern and Southern African Management Institute established by Article V of the Agreement;

   "former Community" means the East African Community established by Article 1 of the Treaty for East African Co-operation set out in the Schedule to the Treaty for East African Co-operation Act *;

   "Institute" means the Eastern and Southern African Management Institute established by Article 1 of the Agreement;

   "Management Institute" means the Eastern African Management Institute established under the Eastern African Management Institute Act, 1974 of the former Community.

4.   Institute to have capacity of body corporate

   (1) The Institute shall have the capacity within the United Republic of a body corporate with perpetual succession, and shall have power to acquire, hold, manage, and dispose of land or any other property and to sue and be sued in its own name.

   (2) The Institute shall have power to perform any of the functions conferred upon it by the Agreement and to do all things (including borrowing) that in the opinion of the Board are necessary or desirable for the performance of those functions.

5.   Transfer of assets and liabilities

   (1) All property of the Management Institute which immediately before the commencement of this Act, was vested in the Management Institute shall, as from that commencement vest in the Institute, and as from such commencement the Institute shall have all the rights which the Management Institute has, and be subject to all the liabilities to which the Management Institute is subject, immediately before such commencement.

   (2) On and after the commencement of this Act, every contract made by or on behalf of the Management Institute (whether in writing or not and whether or not of such a nature that rights and liabilities under it could be assigned to the Management Institute) shall have effect as if made by or on behalf of the Institute, and as if references in it to the Management Institute and to any of its officers or authorities were replaced, in relation to anything failing to be done on or after such commencement, by reference to the Institute and to the corresponding officer or authority of the Institute.

   (3) Any proceedings by or against the Management Institute pending immediately before the commencement of this Act shall be continued by or against the Institute.

6.   Financial provisions

   (1) There shall be charged and paid out of the Consolidated Fund without further appropriation than this Act all payments required it be made from time to time by the Government to the Institute under the terms of the Agreement.

   (2) For the purpose of providing any sums required or making payments under this section, the Minister responsible for finance may, on behalf of the Government, make such arrangements as are necessary, or raise loans by the creation and issue of securities bearing such rates of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit, and the principal and interest of those securities and the charges and expenses incurred in connection with their issue shall be charged on and issue out of the Consolidated Fund.

   (3) Money received by the Government from the Institute under the Agreement or raised under subsection (2), shall be paid into and form part of the Consolidated Fund and shall be available in any manner in which the Consolidated Fund is available.

7.   Certain provisions of the Agreement to have force of law

   The provisions of the Agreement set out in the Schedule to this Act shall have the force of law in the United Republic.

8.   Amendment of the Agreement

   If the Agreement is amended or modified, the Attorney-General shall cause a notice of the amendment or modification and of the date when the amendment or modification comes or is deemed to have come into operation, to be published in the Gazette and such amendment or modification shall, for the purposes of this Act, come or be deemed to have come into operation on such date.

SCHEDULE

(Section 7)

Provisions of the Agreement having force of law

ARTICLE I
ESTABLISHMENT AND NATURE OF THE INSTITUTE

   1. There is hereby established the Eastern and Southern Africa Management Institute (hereinafter referred to as "the Institute") which shall operate in accordance with the provisions of this Agreement.

   2. The Institute shall be a body corporate with perpetual succession and a common seal.

ARTICLE II
HEADQUARTERS OF THE INSTITUTE

   The headquarters of the Institute shall be at Njiro Hill, Arusha, in the United Republic of Tanzania (hereinafter referred to as "the host country").

ARTICLE III
MEMBERSHIP OF THE INSTITUTE

   1. Membership of the Institute shall be open to all States of Eastern and Southern African, that is to say, Angola, Botswana, Comoros, Djibouti, Ethiopia, Kenya, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Seychelles, Somalia, Swaziland, Tanzania, Uganda and Zambia and such other States of Eastern and Southern Africa as the Governing Board may determine.

   2. The Members of the Institute (hereinafter referred to as "the Member States"), shall be the States referred to in paragraph I of this Article that accede to this Agreement.

   3. Subject to their clear unequivocal expression of intent to adhere to this Agreement, the countries referred to in paragraph I of this Article and which have not adhered to this Agreement may after the coming into force of this Agreement and until they adhere to it are at liberty, to use facilities of the Institute and benefit from its programmes upon terms and conditions determined by the Governing Board.

ARTICLE IV
OBJECTIVES AND FUNCTIONS OF THE INSTITUTE

   1. The objectives of the Institute shall be to improve the performance and management effectiveness of public and private institutions and enterprises within the member states.

   2. In pursuance of the foregoing objectives, the Institute shall carry out the following principal functions–

   (a)   promote, organise, co-sponsor or facilitate the organisation of management training courses, workshops, seminars, or symposia designed to enhance the skills and performance effectiveness of management personnel in the services of public, parastatal and private institutions and enterprises within the member States of the Institute;

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