TUME YA MADINI

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THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF MINERALS

 THE MINING COMMISSION

Units

The management team of the Commission is comprised of three (3) Units as follows: – Procurement Management Unit; Internal Audit Unit; and Legal Services Unit.

1. LEGAL SERVICES UNIT

The Legal Service Unit has the Objective of providing legal services to the Commission. The Unit is headed by the Legal Service Director.

Functions

    • Provide legal advice and guidance in the issuance, suspension, renewal, revocation, surrender, cancellation and transfer of mineral licenses and permits;
    • Participate in the negotiations of Mineral Development Agreements (MDAs) and any other arrangements or agreements;
    • Provide legal opinion in all matters relating to mining industry including contracts for provision of procurement services;
    • Draft legal documents for the Commission;
    • Handle and manage all Cases and Arbitrations by or against the Commission in the courts of law; and
    • Monitor general compliance with the laid down standards in mining operations, laws and regulations and the terms and conditions of mineral rights.

This Unit consists of two schedules each led by a Principal Legal Officer as follows:-.

    • Contracts, licensing and compliance Management Schedule; and
    • Litigations and Dispute Resolution Schedule.

1.1 Contracts, Licensing and Compliance Management Schedule

    • Draft, negotiate and provide legal opinion on MDAs and other contracts to be entered between the Commission and third parties;
    • Provide legal opinion on issuance, renewal, revocation and transfer of mining licenses;
    • Advise on the preparation of Laws and Regulations relating to the mining industry and guiding principles for dispute resolutions between the license holders;
    • Draft and review all legal documents relating to the activities of the Commission; and
    • Monitor compliance with all applicable laws and regulations relating to the mining operations and other functions of the commission.

1.2 Litigations and Disputes Resolution Schedule

    • Prepare defence on all cases and Arbitrations against the Commission in the court of laws and tribunals;
    • Attend and defend cases/ litigation pending in the courts of law and tribunals against the Commission; Institute any cases or arbitration against third parties and draft all pleadings required in the litigation of cases by or against the Commission; and
    • Advise on the dispute resolutions arising out of mining operations or activities and prepare final decision/judgment thereto.

2. INTERNAL AUDIT UNIT

The Internal Audit Unit has the objective of providing advisory services to the Accounting Officer on the proper management of resources. The Unit is headed by the Chief Internal Auditor.

Functions

      • Review and report on proper control over the receipt, custody and utilization of all financial resources;
      • Review and report on conformity with financial and operational procedures laid down in any legislation, regulations or instructions for control over the expenditures;
      • Review and report on the correct classification and allocation of revenue and expenditure accounts;
      • Develop audit procedures to facilitate compliance with international standards annually;
      • Review and report on the reliability and integrity of financial and operational data financial statements and other reports;
      • Review and report on the systems in place used to safeguard assets, and verify the existence of such assets;
      • Review and report on operations or programs to ascertain whether results are consistent with established objectives and goals;
      • Review and report on the reactions by the management to external audit reports, and assist management in the implementation of recommendations made by reports and follow-up on the implementation of recommendations made by the Controller and Auditor General;
      • Review and report on the adequacy of controls built into computerized systems in place;
      • Prepare and implement Strategic Audit Plans; and
      • Conduct performance audits on the appraisal of development projects.

3. PROCUREMENT MANAGEMENT UNIT

The Procurement Management Unit has the objective of providing procurement and Supply services to the Commission. The Unit is headed by the Procurement Management Director.

Functions

        • Advise the Management on matters pertaining to the procurement of goods and services and logistics management;
        • Monitor adherence to procurement process and procedures as per existing Public Procurement Laws and Regulations;
        • Develop an annual procurement Plan for the Commission;
        • Procure, maintain and manage supplies, materials and services to support the logistical requirements of the Commission;
        • Maintain and monitor distribution of office supplies and materials;
        • Maintain and update inventory of goods, supplies and materials;
        • Provide Secretariat services to the Tender Board as per existing Public Procurement Laws and Regulations;
        • Set specifications/standards for goods and services procured and monitor adherence; and
        • Prepare action plan, progress reports and budgets for the Unit
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