The Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) Regulations, 2021

Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) GOVERNMENT NOTICE No. 147 Published on 29/1/ 2021 THE CIVIL PROCEDURE CODE, (CAP.33) _______ REGULATIONS _______ (Made under sections 64B(1) and 64D(4)(e)) _______ RECONCILIATION, NEGOTIATION, MEDIATION AND ARBITRATION (PRACTITIONERS ACCREDITATION) REGULATIONS, 2021 ARRANGEMENT OF REGULATIONS Regulation Title PART I PRELIMINARY PROVISIONS Citation. Interpretation. PART II ADMINISTRATIVE MATTERS Accreditation Panel. Conduct of meetings of Accreditation Panel. PART III CRITERIA FOR ACCREDITATION Qualifications for registration as reconciliator, negotiator and mediator. Qualifications for registration as arbitrator. Accreditation of foreigners. 1. 2. 3. 4. 5. 6. 7. PART IV ACCREDITATION PROCESS 8. 9. 10. 11. Application for accreditation. Scrutiny of applications for accreditation. Brief report. Determination of applications for accreditation. 1 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Powers of Accreditation Panel before determination. Refusal of application. Communication of decision of Accreditation Panel. Issuance of certificate of accreditation. Terms and conditions of certificate. Validity of certificate of accreditation. Renewal of certificate of accreditation. Suspension of certificate of accreditation. De-registration. Procedure for de-registration. Appeals. PART V MISCELLANEOUS PROVISIONS Register. Publication of register. Publication to be prima facie evidence of registration. General penalty. _______ SCHEDULES _______ 2 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) THE CIVIL PROCEDURE CODE, (CAP. 33) _______ REGULATIONS ________ (Made under sections 64B(1) and 64D(4)(e)) _________ RECONCILIATION, NEGOTIATION, MEDIATION AND ARBITRATION (PRACTITIONERS ACCREDITATION) REGULATIONS, 2021 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations may be cited as the Reconciliation, (Practitioners and Arbitration Negotiation, Mediation Accreditation) Regulations, 2021. Interpretation 2. In these Regulations, unless the context otherwise Cap. 33 Cap. 15 requires- “Act” means the Civil Procedure Code; “accreditation” means the recognition and registration of persons as competent the functions and duties as reconciliators, negotiators, mediators or arbitrators in Mainland Tanzania; to perform “allied association” means a professional body or association recognized as such under any written law, and includes the National Board of Auditors and Accountants, the the Contractors Engineers Registration Board and Registration Board; “arbitration” means a process by which parties submit a dispute to the decision of a neutral person or persons appointed by mutual consent or in accordance with the provisions of the Arbitration Act; "arbitrator" means a person who handles arbitration disputes in the manner provide d under the provisions of the Arbitration Act; Cap. 15 “Centre” means the Tanzania Arbitration Centre established under section 77 of the Arbitration Act; “mediation” means the settlement of a legal dispute through interactive participation of a mediator; "mediator" means a person who assists parties in a dispute to find points of agreement in a conflict and agree on a fair result 3 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) in the manner provided under the Act; “Minister” means the Minister responsible for legal affairs; “negotiation” means the dialogue between two or more parties which is facilitated by a negotiator; “professional misconduct” means a breach of conduct by an accredited person as provided under regulation 5(1) of the Code of Conduct for Reconciliators, Negotiators, Mediators and Arbitrators, Regulations 2021; “reconciliation” means the process of resolving a dispute through a reconciliator; "reconciliator" means a person who handles reconciliation matters in the manner provide under the provision of the Act; “Registrar” means the person appointed as a Registrar under section 64C of the Act; and “register” means the register of accredited mediators, negotiators, reconciliators and arbitrators kept and maintained in accordance with the provisions of regulation 16. PART II ADMINISTRATIVE MATTERS Accreditation Panel Conduct of meetings of Accreditation Panel 3.-(1) The Registrar shall, these Regulations and generally the effective implementation of the provisions of the Act, convene meetings of the Accreditation Panel which shall be composed of seven members as follows- for purposes of (a) the Attorney General who shall sit as the Chairman; (b) the Solicitor General; (c) the Chairman of the Governing Board of the Tanzania Arbitration Centre; (d) the President of the Tanzania Institute of Arbitrators; (e) the President of Tanganyika Law Society; and (f) one representative appointed by the Minister from each of the following allied associations- (i) National Construction Council; and (ii) Public Procurement Regulatory Authority. (2) The Registrar shall be Accreditation Panel. the Secretary of the 4.-(1) Meetings of the Accreditation Panel shall- (a) be convened at least four times in a calendar year; (b) be regulated in accordance with rules set out by the Accreditation Panel. (2) The Chairman may- (a) at the written request of four members; or (b) at the request of the Minister, 4 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) convene a special meeting of the Accreditation Panel. (3) The Chairman shall preside over all meetings of the Accreditation Panel at which he is present. (4) Where the Chairman is not present, the Solicitor General shall preside at the meeting. (5) A decision of the majority of the members of the Accreditation Panel present at the meeting shall be the decision of the Accreditation Panel. (6) In the case of a tied vote, the Chairman or member presiding at the meeting shall have a casting vote in addition to his deliberative vote. (7) The Secretary shall keep a written record of its meetings. PART III CRITERIA FOR ACCREDITATION Qualifications for registration as reconciliator, negotiator and mediator. Cap. 341 5.-(1) A person shall be eligible for registration to practice as an accredited reconciliator, negotiator or mediator if that person possesses any of the following: (a) has a proven record of amicably settling disputes in the community for a period of not less than five years experience; (b) is an advocate within the meaning of the Advocates Act having at least five years of experience as a practicing Advocate; (c) is a member of an allied association having at least five years experience as a practicing professional; or (d) is a holder of a bachelor degree or its equivalent from a recognized institution having at least five years information experience technology, intellectual property rights or any other specialized areas in the public service or private sector. field of telecom, (e) has not been convicted of a criminal offence and sentenced to imprisonment for a period of not less than six months; (f) has not been found guilty of an offence involving in professional misconduct. (2) Notwithstanding subregulation (1), a person who is not entitled to be registered to practice as an accredited reconciliator, negotiator or mediator by reason only that he has not met the period of experience prescribed in subregulation (1), shall, if he produces evidence satisfactory to the Registrar that he has the requisite practical experience, be entitled to be provisionally 5 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) registered. Qualifications for registration as arbitrator 6.-(1) A person shall be eligible for registration to practice as an accredited arbitrator if that person possesses any of the following: (a) has qualifications to be appointed as a Judge of the (b) has experience of at least five years in panels and settle disputes at national or that High Court; tribunals international level; (c) has a dispute resolution qualification from a recognized institution; (d) is an advocate within the meaning of the Advocates Act having at least five years of practice; (e) is a member of an allied association having at least five years experience as a practicing professional; or (f) is a holder of bachelor degree or its equivalent from a recognized institution having at least ten years experience information technology, intellectual property rights or any other specialized areas in the public service or private sector. field of telecom, in (2) Notwithstanding subregulation (1), a person who is not entitled to be registered to practice as an accredited arbitrator by reason only that he has not met the period of experience prescribed in subregulation (1), shall, if he produces evidence satisfactory to the Registrar that he has the requisite practical experience, be entitled to be provisionally registered. Accreditation of foreigners 7. A reconciliator, negotiator, mediator or arbitrator holding a practicing certificate from another jurisdiction outside the United Republic with the intention to practice in Mainland Tanzania shall be required to apply in the manner provided under these Regulations. PART IV ACCREDITATION PROCESS Application for accreditation 8.-(1) A person who intends to practice as an accredited reconciliator, negotiator, mediator or arbitrator shall apply to the Registrar for accreditation using form TAF No. 1 as prescribed in the First Schedule. (2) An application form under subregulation (1) shall be accompanied by- 6 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) (a) necessary certificate as proof of academic qualifications; (b) necessary documentation as proof of nationality; (c) curriculum vitae; (d) reference from three persons, one of whom shall be the Mtaa chairman of the respective local government authority, or as the case may be, an allied association to which the applicant is affiliated; (e) proof of payment of application fee as prescribed in Scrutiny of applications for accreditation the Second Schedule; and (f) any other relevant document or information as the Registrar may deem appropriate. 9.-(1) The Registrar shall, within seven days upon receiving an application for accreditation of a reconciliator, negotiator, mediator or arbitrator, determine whether the application is complete. (2) Where the Registrar is satisfied that an application is complete, he shall inform the applicant of the date and time for which the application shall be brought before an Accreditation Panel. (3) Where the Registrar considers that an application is incomplete or does not meet the necessary requirements, he shall reject the application and notify the applicant in writing with reasons thereof. Brief report 10. The Registrar shall, before convening a meeting of the Accreditation Panel, prepare a brief report on the applications brought before him together with recommendations to the Accreditation Panel for the accreditation of applicants. Determination of applications for accreditation 11. Upon a call of meeting by the Registrar, the Accreditation Panel may, after consideration of the application together with the brief report of the Registrar, direct the Registrar- (a) to register the applicant permanently or provisionally as the case may be; and (b) to issue a certificate of registration to a registered applicant. Powers of Accreditation Panel before determination 12. An Accreditation Panel may, in the course of making determination of a matter brought to it, require an applicant for registration- (a) to furnish such further information or evidence of eligibility for registration as it may deem fit; or (b) to appear in person before the Accreditation Panel for 7 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) Refusal of application Communicatio n of decision of Accreditation Panel Issuance of certificate of accreditation further clarification on the submitted documents. 13. The Accreditation Panel may, subject to the provisions of these Regulations, reject an application for registration where- (a) the Accreditation Panel it is not satisfied with the contents of application and particulars of the applicant; (b) the applicant has not complied with the requirements of these Regulations; or (c) the applicant has submitted false documents or false information to the Accreditation Panel. 14.-(1) The Registrar shall, within fourteen working days from the date of the decision of the Accreditation Panel, communicate to the applicant the decision of the Accreditation Panel. (2) Communication by the Registrar under this regulation shall be effected through the applicant’s address indicated on the application form. (3) The decision of the Accreditation Panel in relation to grant of accreditation under these Regulations shall be final. 15.-(1) The Registrar shall issue a certificate of accreditation in Form NO TAF.2 as prescribed in the First Schedule to these Regulations to an applicant who has been successfully granted accreditation by the Accreditation Panel. (2) The certificate of accreditation to be issued in terms of subregulation (1) shall contain: (a) full names and address of the accredited reconciliator, negotiator, mediator or arbitrator; (b) a field of specialization in respect of which the accreditation is effected; (c) dates of validity of the issued certificate; (d) the terms and conditions of the certificate of accreditation; and (e) names and signature of the issuing authority. (3) The Registrar shall prepare and issue three original copies of certificate of accreditation as follows: (a) one copy to the applicant; (b) one copy to the Centre; and (c) one copy to be retained in the Register of accredited persons prepared under these Regulations. Terms and conditions of 16. A person who holds a certificate of accreditation issued under these Regulations shall comply with the following 8 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) certificate obligation- (a) carry on his business in compliance with the relevant (b) observe the Code of Conduct and Practice for and Negotiators, Mediators laws; Reconciliators, Arbitrators; (c) pay the prescribed accreditation fees and annual subscription fee; (d) report to the Registrar on the operations of his business in such a manner as may be prescribed; (e) notify the Registrar on any changes of address or other particulars of registration; and (f) tender the certificate of accreditation whenever required to do so by the Registrar or a person authorised by him. Validity of certificate of accreditation Renewal of certificate of accreditation 17. Certificate of accreditation these Regulations shall be valid for a period of two years and may be renewable subject to the compliance of obligations of certificate holder. issued under 18.-(1) A person who wishes to renew a certificate of accreditation may, at least thirty days before expiration of the certificate of accreditation, apply to the Registrar for its renewal. (2) A person who intends to apply for renewal of a certificate of accreditation shall apply to the Registrar in writing by filling in an application Form No TAF. 1 as prescribed in the First Schedule. (3) The Registrar shall, in making a decision whether to grant or refuse an application for renewal of a certificate of accreditation, consider the applicant’s compliance with the conditions of the certificate of accreditation which is due to expire, the Act, these Regulations and applicable law. (4) The Registrar shall, within fourteen days upon making a decision rejecting an application for renewal, notify the applicant with reasons thereof. (5) The decision of the Registrar shall be the decision of the Accreditation Panel, in which case the decision shall be final. (6) The Registrar shall issue to the successful applicant a certificate of accreditation in Form No TAF 3 as prescribed in the First Schedule. Suspension of certificate of accreditation 19.-(1) The Registrar may suspend a certificate of accreditation where the holder of the certificate is in breach of any terms or conditions of the certificate of accreditation. 9 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) (2) The Registrar shall, within twenty-one days prior to suspension of a certificate of accreditation, issue to the holder a written notice of the intention to suspend the certificate. (3) Upon determination of suspension of the certificate of accreditation, the Registrar shall notify the certificate holder in writing the period of suspension during which the certificate shall be of no legal force or effect. (4) The Registrar may waive the suspension of a certificate if he is satisfied that- (a) the holder of a certificate has abstained from the act or omission to which the suspension relates; or (b) the reason for the suspension no longer exists. 20.-(1) Notwithstanding the validity of the certificate under these Regulations, the Accreditation Panel may, at any time prior to expiry of validity period and subject to the provisions of these Regulations, de-register a person accredited as mediator, conciliator, negotiator or arbitrator. (2) A mediator, conciliator, negotiator or arbitrator may be deregistered on any of the following grounds: (a) breach of the terms and conditions of certificate of De-registration accreditation; (b) where registration was granted on error; (c) where registration was granted through fraud; (d) mediator, reconciliator, negotiator or arbitrator has been determined to have committed a professional misconduct; (e) mediator, reconciliator, negotiator or arbitrator has Procedure for de-registration been mentally incapacitated. 21.-(1) Where an accredited mediator, reconciliator, negotiator or arbitrator commits an act or omission which is a breach that constitutes a ground for deregistration, the Registrar shall on the direction of the Accreditation Panel, serve that person a notification in writing specifying the nature of the breach and the time within which it must be rectified. (2) The notice to be served in terms of subregulation (1) shall be in form No TAF 4 as prescribed in the First Schedule. (3) A person to whom the notice is served shall, upon receipt of the notice, make representation to the Registrar on the rectification of the breach. (4) The Registrar shall, where a person - (a) fails to rectify the breach within the time specified in the notice; or (b) fails to make to the Registrar, satisfactory 10 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) representation concerning the breach, recommend to the Accreditation Panel for de-registration of that person. (5) An Accreditation Panel shall, if satisfied with the the recommendation made under sub-regulation (4), direct Registrar- (a) to de-register the registered mediator, reconciliator, negotiator or arbitrator, or suspend the certificate of accreditation for such period as the Panel may consider appropriate and notify the person who is the subject of de registration; and (b) where it determines that a mediator, reconciliator, negotiator or arbitrator be registered, to remove the name of that person from the Register. Appeals Register 22. An applicant who is not satisfied with the decision of the Accreditation Panel or Registrar may, within twenty-one days from the date of receipt of the decision, appeal against the decision to the Minister. PART V MISCELLANEOUS PROVISIONS 23.-(1) The Registrar shall keep and maintain a register in which the names of accredited persons shall be entered upon accreditation, and the particulars to be entered in the register shall include the following— (a) date of entry; (b) name and postal address; (c) qualifications; (d) registration number; (e) nationality; (f) physical address; (g) key managerial professional, technical and other personnel in the case of a society; (h) duration of registration; and (i) any other particulars which the Registrar may deem appropriate. (2) The Registrar shall enter into the Register any change of particulars under subregulation (1). Publication of register 24.-(1) The Registrar shall, as soon as practicable after registration, cause the name, address and qualifications of an accredited person to be published in local newspaper of wide circulation and through electronic means, and may, subject to the 11 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) directions of the Accreditation Panel, cause any amendment or deletion from the register to be published. (2) Any person may inspect the register and any documents relating to any entry in the register, and may, upon payment of a fee as prescribed in the Second Schedule to these Regulations, obtain a copy of or an extract of the register or any such document. Publication to be prima facie evidence of registration the register under 25.-(1) A publication of these Regulation shall be prima facie evidence that the persons named therein are registered pursuant to these Regulations, and the deletion from the register of the name of any person notified by that publication, or the absence of the name of any person from that publication, shall be prima facie evidence that that person is not accredited to practice as registered person. (2) The register and all copies thereof or extracts there from which purport to have been certified under the hand of the Registrar shall be receivable in all courts and tribunals or other bodies authorised to receive evidence as prima facie evidence of the facts stated therein. General penalty 26. Any person who contravenes any provisions of these Regulations for which no specific penalty has been prescribed commits an offence and shall, on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years or to both. 12 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) ___________ FIRST SCHEDULE ___________ UNITED REPUBLIC OF TANZANIA FORM No TAF 1 APPLICATION FOR ACCREDITATION (Made under regulation 8) Application instructions 1. Accreditation Application Kit shall contain: (a) Application Form (b) Reference Form (c) Procedure Resume of Practice must also be submitted at the time of application. tick the boxes and insert details where relevant. 2. 3. All other materials in response to other sections must be provided via a submission and documentary evidence format. 4. Applications will not be accepted unless accompanied by payment or proof of payment of the application fee. 5. The completed application form and payment should be sent to The Registrar, Ministry of Constitutional and Legal Affairs, Government City, Mtumba Area P.O. Box 315, DODOMA, TANZANIA Email: km@sheria.go.tz 6. This application form should be read together with the Civil Procedure Code, Cap. 33 and the Arbitration Act, Cap. 15 and any other rules or regulations providing for minimum standards which apply to any person who voluntarily seeks to be accredited to act as a Reconciliator, Negotiator, Mediator or Arbitrator and assist two or more participants to manage, settle or resolve disputes or to form a future plan of action through a process in respect of reconciliation, negotiation, mediation or arbitration. 7. This application form should be read together with the practice standards that apply to Reconciliator, Negotiator, Mediator or Arbitrator to a specific trade where decisions are made. For example, reconciliation, negotiation, mediation or arbitration is used in relation to commercial, investment, community, workplace, environmental, construction, family, building, health and educational decision making. 13 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) A. APPLICANT’S PARTICULARS (a) Full Name: ……………………….. (b) Name to be displayed on Certificate:……………………………… (c) Name of firm or organization……………………………………… (d) Mailing address (All general mail will be sent to this address):………… (e) Telephone:……………………………… (f) Email (email will be the main method of communication):………………. NOTE: In the statement below tick “Yes” if you agree. 1. I have read and understood my obligations under the Reconciliators, Negotiators, Mediators and Arbitrators (Accreditation) Regulations 2021 □Yes □No 2. The Code of and Practice for Reconciliators, Negotiators, Mediators and Arbitration require Reconciliators, Negotiators, Mediators or Arbitrators who apply to be accredited to provide evidence of ‘good character’. With respect to the requirement to be of ‘good character’, thus: (a) I have provided evidence that I am regarded as honest and fair, and that I am regarded as suited to practice □ Conciliators, □Negotiators, □Mediators or □Arbitrators (tick only one box as appropriate) by reference to your life, social and work experience. Please provide written references from three members of the community who have known you for more than three years demonstrating your good character. (b) I have submitted three written reference reports (annexure A) from persons listed below who can attest to my competence and my involvement in this area of practice, one of them being from the Local Government Authority in my locality □Yes □No 3. 4. 5. 6. I am willing to be submitted for character check area that I will practice □Yes □No I have no record of serious conviction or impairment that could influence my capacity to discharge my obligations in a competent, honest and appropriate manner □Yes □No I have submitted documentary evidence that I am accredited with an existing scheme that has existing ‘good character’ requirements that I comply with (for example, by referring to an existing Professional Association, School of Law, or Bar Association, where relevant) □Yes □No. I have not been disqualified to practice by another professional association relating to any other profession (for example, a Professional Association, School of Law, or Bar Association □Yes □No, if ‘No’ please explain the circumstances under which you have previously been removed. ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………… 7. 8. I have not been suspended from acting as a mediator under the standards □Yes □No I undertake to comply with any relevant legislation and any other approval requirements that may relate to particular schemes □Yes □No 14 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) B. TRAINING AND EDUCATION 1. 2. 3. 4. 5. I have provided documentary evidence that I have appropriate □reconciliation, □negotiation, □mediation or □arbitration (tick only one box) competence, by reference to applicable practice standards, as well as my qualifications, training and experience □Yes □No. I have provided the name of the education and training course(s) I have undertaken and in what year the said courses(s) were completed □Yes □No. I confirm that the education and training course(s) satisfy the following: (a) was conducted by a training team comprised of a at least two instructors where the principal instructor[s] has more than three years’ experience as a □Reconciliators, □Negotiators, □Mediators or □Arbitrators (tick only one box as appropriate) and has complied with the continuing accreditation requirements set out in Para. 6 of the Approval Standards for that period and has at least three years’ experience as an instructor □Yes □No; and (b) has assistant instructors or coaches with a ratio of one instructor or coach for every three course participants in the final coached simulation part of the training and where all coaches and instructors are accredited; □Yes □No; is a program of a minimum of 38 hours in duration (which may be constituted by more than one mediation workshop provided not more than twelve months has passed between workshops), excluding the assessment process referred to in Section 5(2) of the Approval Standards □Yes □No; and involves each course participant in at least nine simulated sessions and in at least three simulations each course participant performs role of □Reconciliators, □Negotiators, □Mediators or the □Arbitrators (tick only one box as appropriate) □Yes □No; and (e) provides written, debriefing coaching feedback in respect of two simulated sessions to each course participant by different members of the training team □Yes □No. (d) (c) I have completed to a competent standard a written skills assessment of □Reconciliators, □Negotiators, □Mediators or □Arbitrators (tick only one box as appropriate) competence □Yes □No. I have worked as a □Reconciliator, □Negotiator, □Mediator or □Arbitrator (tick only one box as appropriate) prior to submitting this application and have experience, training, and education that will satisfy the Panel that I am equipped with the skills, knowledge and understandings set out in the core competencies referred to in the Practice Standards. C. REFERENCES Referee No. 1 Name:……………………………………. Professional Title:………………………… Firm/Employer: ………………………….. Email:……………………………………. Phone:……………………………………. Referee No. 1 Name:…………………………………….. Professional Title:…………………………. Firm/Employer: ……………………………. 15 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) Email:……………………………………….. Phone:………………………………………. Referee No. 1 Name:……………………………………….. Professional Title:………………………….. Firm/Employer: ……………………………… Email:………………………………………. Phone:……………………………………… D. AGREEMENT AND SIGNATURE: I, ……………being an applicant for accreditation as a □Reconciliator, □Negotiator, □Mediator or □Arbitrator (tick only one box as appropriate) under these Regulations, (i) Consent to the Panel, making such enquiries as it sees to determine my eligibility and suitability for accreditation. (ii) Agree to accept the terms and conditions for accreditation as set out in the Panel. (iii) If accredited, agree to comply with the laws and other applicable instruments and any rulings of the Panel relating to accreditation or reaccreditation. (iv) Certify that the content of this application is true and correct to the best of my knowledge. Signature: ………………… Date:………………………. Annexure REFERENCE FOR A DISPUTE RESOLUTION PRACTITIONER SEEKING ACCREDITATION UNDER THE RECONCILIATORS, NEGOTIATORS, MEDIATORS AND ARBITRATORS (PRACTITIONERS ACCREDITATION) REGULATIONS, 2021 Applicant’s Name: ……………………………………. The practitioner named above has applied for accreditation under the above cited Regulations. To become accredited as a □Reconciliator, □Negotiator, □Mediator or □Arbitrator (tick only one box as appropriate) a practitioner needs to be eligible and competent. The practitioner must enjoy standing and regard in the profession. The applicant needs to provide evidence that they are regarded as honest and fair, and that they are regarded as suited to practice □reconciliation, □negotiation □mediation or □arbitration (tick only one box as appropriate) by reference to their life, social and work experience. Please provide this written reference if you have known the applicant for more than three years demonstrating his/her good character. The Referees report is to be based on their objective and direct knowledge of the Applicants competence. Please answer the questions below with care. As far as legally possible your response will be kept confidential. Please return this form to: The Registrar, Ministry of Constitutional and Legal Affairs, Government City, Mtumba Area, Katiba Street, P.O. Box 315, DODOMA, TANZANIA Email: km@sheria.go.tz 16 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) Name of the referee:………………………………. Current Occupation (include name of firm if partner or employee):…………. Please, in your reference letter, provide answer to the following: 1. How long have you known the applicant? 2. How have you come to know of the Applicants work? 3. Set out your views of the Applicants competence as a □ Conciliator, □Negotiator, □Mediator or □Arbitrator (tick only one box as appropriate)? 4. Please indicate by ticking the box against the appropriate number the extent to which you support the Applicants application for accreditation □1 = Do not support □2 = Support with some reservation □3 = Totally support Please give brief reasons for your answer ……………………………………………………………………………………… 5. Please feel free to make any further comments you wish to in relation to this application. Signature: ………………………….. Date:………………………. 17 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) UNITED REPUBLIC OF TANZANIA FORM No TAF 2 CERTIFICATE OF ACCREDITATION (Made under regulation 15(1)) I HEREBY CERTIFY that……………………………………….of P.O.BOX …………..has this ……..day of…………..20……….been duly registered as □ Conciliator, □Negotiator, □Mediator or □Arbitrator under the ……………………………………. This certificate is subjected to the following conditions/directions: ………………………………………………………………………………………………………… …………………………………………………………………………………………………… That the aforesaid Arbitrator, Conciliator, Negotiator and Mediator shall operate in the United Republic of Tanzania. That the aforesaid Arbitrator, Conciliator, Negotiator and Mediator shall operate in accordance with the Laws of Tanzania That this certificate shall be valid for a period of two years from the date of issuance Issued at……………………..this ………..………………day of …………….20………… Expiry date………..day of …..20… ……………………….. REGISTRAR 18 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) UNITED REPUBLIC OF TANZANIA FORM No TAF 3 RENEWAL OF CERTIFICATE OF ACCREDITATION (Made under regulation 18(6)) I, HEREBY CERTIFY that …………………………who is □ Conciliators, □Negotiators, □Mediators of ………….20……..being issued a new certificate under the terms and conditions of Tanzania Arbitration Act,2020 with No……………………………………………. P.O. Box ……………has this ………day or □Arbitrators of is to the subjected certificate This conditions/directives:………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ……………………………………………………………………………………………… That the aforesaid Arbitrator, Conciliator, Negotiator and Mediator shall operate in Tanzania Mainland. That the aforesaid Arbitrator, Conciliator, Negotiator and Mediator shall operate in accordance with the Laws of Tanzania. That, this certificate shall be valid for a period of two years from the issued date. Date of Issue………………….day………….. Expiry date……..day of …….20….. following ……………………….. REGISTRAR 19 Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) GN. NO. 147 (Contd.) _______ SECOND SCHEDULE _________ (Made under regulation 8(1)) RECONCILIATORS, NEGOTIATORS, MEDIATORS AND ARBITRATORS ACCREDIATION FEES Type of Accreditation Reconciliators S/N 1. 2. Negotiators 3. Mediators 4. Arbitrators Accreditation Fee 100,000/= 100,000/= 100,000/= 300,000/= Inspection of register 10,000/= 10,000/= 10,000/= 10,000= Dodoma, 5th January, 2021 MWIGULU L. NCHEMBA Minister for Constitutional and Legal Affairs 20