III. Recommendations
809.
The APR Panel recommends that the United Republic of Tanzania:
•
Intensify the public education programme on, (a) the private sector-driven economy; and, (b) the need to
formally register businesses and for them to adopt codes of good business ethics, with sanctions for any
breach; [Ministry of Industry, Trade and Marketing, Presidents Office (Good Governance Unit)]
•
Ensure that in formulating codes and standards of business ethics, Tanzania’s agencies keep abreast of
global trends while taking due cognisance of national needs; (Institute of Corporate Governance)]
•
Ensure that the previously registered Institute of Corporate Governance becomes operational; [President’s
Office (Good Governance Unit)]
•
Ensure a multi-agency approach for implementing recommendations geared to improve good business
ethics. [Good Governance Unit in the Presidency BEST BRELA the TRA, the DSE, the Ministry of Trade
and Industry, Parliament, Media, Tanzania Business Council, Local Investors Roundtable and Chamber of
Commerce]
Objective Four:
Ensuring that Corporations treat all their Stakeholders
(Shareholders, Employees, Communities, Suppliers and Customers) in a
Fair and Just manner
I. Summary of the CSAR
Stakeholder treatment
810.
The Companies Act of 2002 provides for the protection of shareholder interest by making this duty incumbent
on the directors. The Act obliges directors to carry out their duties in good faith and in the best interests of the
company. The Companies Act also makes provision for the protection of minority shareholder rights, where
aggrieved minority shareholders can apply to the courts of law for protection of their interests.
II. Findings of the CRM
811.
A majority of the areas under this objective were dealt with in detail under Objective 3 above. Consideration
of community interests was discussed as part of the “Natron case” and the interests of employees discussed
in the context of labour rights and occupational safety. However, the following are additional findings to those
discussed previously.
Stakeholder treatment
812.
The CRM found that Mainland Good Governance Framework and Zanzibar’s 2011 Good Governance Policy
address the rights of stakeholders. Government commits to setting up effective mechanisms to ensure that
business entities participate fully in development endeavours and, at the same time, comply with legal obligations
pertaining to the rights of stakeholders.
813.
Furthermore, the Government of Tanzania is committed to develop an effective corporate governance framework
to guarantee the stakeholdes rights; determine key ownership functions and ensure equitable treatment of
stakeholders; clearly set out the role of the corporate governance, ethical principles, values and practice
that contribute to a balance between economic and social goals; and, put in place mechanisms to ensure
accountability and transparency.
Community Interests
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