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- Is amended by Written Laws (Miscellaneous Amendments) Act, 2025
Tanzania
National Economic Empowerment Act, 2004
Act 16 of 2004
- Published
- Assented to on 19 January 2005
- Commenced on 31 December 2005
- [This is the version of this document from 14 March 2025.]
- [The commencement date of this work could not be ascertained. We used the date 31 December of the year in which it was published.]
- [Amended by Written Laws (Miscellaneous Amendments) Act, 2025 (Act 1 of 2025) on 14 March 2025]
Part I – Preliminary provisions
1. Short title and commencement
2. Application
This Act shall apply to Mainland Tanzania.3. Interpretation
In this Act unless the context otherwise requires—“Act” means the National Economic Empowerment Act, 2004;“Chairman” means the Chairman of the Council appointed under section 7(1)(a);“Council” means the National Economic Empowerment Council established under section 4;“economic activities” means such activities undertaken by an institution or organization for purposes of economic empowerment of an individual person, group of individual persons formed on communal basis, association, partnership or company, the primary purpose of which is to generate income and includes farming, trading, mining, transportation, manufacturing, tourism, construction, fishing, livestock keeping and rendering or providing service;“economic empowerment” means deliberate and affirmative actions and measures undertaken by an institution or organisation for the purpose of promoting and enhancing knowledge, skill, economic prowess and financial prudence of Tanzanians to enable them to meaningfully participate in economic activities, and includes all plans, strategies, policies and measures taken to achieve that goal, be it by public or private sector;[definition of "economic empowerment" amended by section 25(b) of Act 1 of 2025]"Executive Secretary" means the Secretary of the Council appointed under section 14(1) and the term "Secretariat" shall be construed accordingly;“Fund” means the National Economic Empowerment Fund established under section 16;“institutions or organisations” in relation to economic empowerment, means Government departments, agencies, public or private institutions, companies, non-governmental organisations, economic empowerment funds or programs, international organisations, individual persons or group of individual persons, associations or partnerships performing economic activities and any other institution or organisation which may be established as such;[definition of “institutions or organisations” substituted by section 25(a) of Act 1 of 2025]“local content” means the value added to, or created in the economy through deliberate utilisation of Tanzanian human and material resources and services in investments and projects in order to stimulate the development of capabilities and encourage local investments, ownership and participation;[definition of “local content” inserted by section 25(c) of Act 1 of 2025]“member” means the member of the Council or Committee;“Minister” means the Minister charged with the coordination of economic activities for purposes of economic empowerment;“Register” means a register established under section 25(1).Part II – Establishment of the Council
4. Establishment of the Council
5. Functions of the Council
6. Delegation of functions
The Council shall, in performing its functions, have powers to delegate any of its functions to any public or private office or institution as it may deem necessary.7. Composition of the Council
8. Disqualification of members
A person shall not be appointed or continue as a member if such person—9. Tenure of office and removal of members
10. Meetings, quorum and disclosure of interest
11. Procedures of Council not invalid on certain circumstances
A decision taken by the Council or an act performed under the authority of the Council shall not be invalid only by reason of—12. Procedure of the Council
13. Staff of the Council
Part III – The Secretariat
14. Executive Secretary
15. Duties of the Executives Secretary
It shall be the duty of the Executive Secretary to conduct daily affairs of the Council under general directions of the Council and shall in particular be—Part IV – Establishment of the National Economic Empowerment Fund
16. National Economic Empowerment Fund
17. Objects of the Fund
The objects of the Fund shall be to facilitate the redressing of economic inequality which exists among persons by—18. Financing of the Fund
19. Establishment of instrument entity
The Fund may, having regard to—20. The Fund to act with care and diligence
The Fund shall in the performance of its functions and the exercise of its powers, act with such care, diligence and skill as may reasonably be expected of a person who manages affairs of another person.21. Fund may establish business entities
The Fund may, having regard to—22. Confidentiality
23. Exclusivity
The Fund shall not render any services to any institution or organization rendering its services except with the consent of the Council, and such consent shall not be unreasonably withheld.24. Conflict of interest and disclosures
Part V – Registration of institutions and organizations
25. The Register
26. Requirement to register
27. Procedure for registration
28. Issuance of certificate
29. Cancellation of certificate
30. Appeals
Any person who is aggrieved by the decision of the Council made under section 29 may, within thirty days from the date on which notice of cancellation was notified to him, appeal to the Minister.31. Duties of the institutions or organizations in relation to economic activities
Part VI – Finance, audit and report
32. Accountability
The Council shall—33. Estimates, revenues and expenditures
34. Audit
35. Annual report
36. Special reports
Part VII – Miscellaneous provisions
37. Protection of members
No matter or thing done by any member of the Council, employee or officer shall, if done bona fide in the execution of the functions conferred upon such member, employee or officer by this Act or by regulations made under the Act render such member, employee or officer personally liable for such matter or thing.38. Offences and penalties
39. Offences by institution or organization
40. Regulations
History of this document
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