the Council for Mediation and Arbitration (CMA) as established under Section 12 of the 2004 Labour Institutions Act. The CMA is established as an independent department of government, free in its day-to-day operations from the influence of any political party, trade union, employer’s association and federation of trade unions, or employer associations. 738. There are CMA zonal offices in 11 zones: Dar es Salaam and the Coast, Arusha, Manyara and Kilimanjaro, Dodoma and Singida, Mwanza, Kagera, Mara and Shinyanga, Mbeya and Rukwa, Tanga, Morogoro, Tabora and Kigoma, Ruvuma, Mtwara and Lindi and Iringa. However, operational challenges still exist: the Commission lacks proper office accommodation, adequate staff, working tools and equipment, owing to funding constraints. Funding limitations have also affected capacity building for mediators and arbitrators. Nevertheless, the CMA registered a commendable rate of case resolutions even in the face of these challenges. Table 5. 5: Record of Dispute Settlement for the Period Jan. 2006 – Dec. 2007 Period Total number of disputes Number of disputes resolved through mediation and arbitration January – June 2006 1977 925 July 2006 – September 2007 2582 1092 October – December 2007 2682 871 Source: CSAR (CMA data) Mediation 739. The CSAR states that mediators are obliged to resolve disputes within 30 days or such longer period as the parties involved may agree. Provision is made for representation by a member or an official of a trade union to which any of the parties is a member, or an advocate. Where mediation fails in the case of a dispute of general interest, the Act makes provision for the affected party to issue notice of its intention to commence a strike or a lock out. Where mediation fails in the case of a complaint, provision is made under the Act for the affected party to refer the matter to arbitration or a labour court, which is a labour division of the High Court. Disputes in essential services are referred to compulsory arbitration. Arbitration 740. The Act provides that arbitration must be applied in the case where the dispute of interest involves essential services or involves a complaint over the fairness of an employee’s termination of employment or any other contravention of any labour law in which the amount claimed is below the pecuniary jurisdiction of the High Court. Arbitration is also applied where parties fail to resolve a dispute referred to mediation. In an arbitration hearing, parties are free to be represented by a member or official or that party’s trade union or employee association, or by an advocate. The arbitrator has thirty days within which to make an appropriate award. The arbitration award has a binding effect on the parties and may be executed in the Labour Court. Adjudication 741. As far as labour disputes are concerned, adjudication vests in the Labour division of the High Court, which has exclusive jurisdiction to interpret the provisions of the Act and decide complaints outside arbitration. 152

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