Bunge streamlines irrigation, CAG benefits affected

DODOMA: THE Parliament has passed the amendments into the National Irrigation Act, Cap. 435 with the objective of improving irrigation farming operations in the country.

Bunge passed the amendments after Attorney General Hamza Johari tabled the Written Laws (Miscellaneous Amendments) (No. 3) Bill, 2024 for intention of reviewing various sections into six laws.

Other laws that the Bill reviewed are the Anti-Money Laundering Act, Cap. 423, the Cooperative Societies Act, Cap. 211, the Cotton Industry Act, Cap. 201, the National Economic Empowerment Act, Cap. 386, and the Public Audit Act, Cap.418.

The National Irrigation Act, Cap. 435 was enacted in 2013 to provide for the establishment of the National Irrigation Commission to provide for the development, operation and maintenance of irrigation and drainage systems.

The law was also enacted to provide for effective implementation of the National Irrigation Policy, the National Irrigation Development Strategy and to provide for other related matters.

Since its enactment, the Act has never been amended hence, this is the first amendment which among other things aims at improving the provisions of the Act for its better implementation.

Since its enactment, this Act has never been amended hence, this is the first amendment which among other things aims at improving the provisions of the Act for its better implementation.

According to Mr Johari, the proposed amendments aim to address challenges relating to interest and implementation of duties that have arisen during the implementation of certain provisions within the law.

Under the amendments carried out, Bunge reviewed Section 5 of the Act by removing provisions that direct the National Irrigation Commission to collaborate with various stakeholders in the management of irrigation.

The purpose of this amendment is to avoid contradiction since collaboration between the Commission and national and international organisations is limited to matters relating to development of irrigation, not management of irrigation. Section 29 of the Act was also amended by adding a provision to grant corporate status to irrigators’ organisations.

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The proposed amendments aim at ensuring efficiency of registered irrigators’ organisations by empowering them to perform various functions such as entering into contracts, acquiring property and enabling availability of necessary services such as obtaining loans from financial institutions.

Section 29 was further amended to impose a requirement for local government authorities to issue directives to irrigators’ organisations after consultation with the Commission.

The aim of the amendment is to ensure harmony in the directives issued to the organisations by the Commission and the local government authorities.

In the same Bill, the Parliament reviewed the Public Audit Act, Cap. 418, which was enacted in 2008 in order to empower the Controller and Auditor General to conduct public audit.

Public audit is intended to promote accountability in public institutions by preventing financial malpractice, corruption, and enhance delivery of information to taxpayers about the carrying out of government policies and programmes.

Under the amendments carried out, Section 4A was added to the Act to provide for the manner in which the Controller and Auditor-General’s benefits and entitlements shall be determined or varied.

The objective of the amendment is to incorporate in the Act, the President’s authority to prescribe the Controller and Auditor-General’s benefits.

The amendment takes into account both the nature of the Office of the Controller and Auditor-General and the prohibition on the Controller and AuditorGeneral to hold any office upon retirement in the public service during the allotment of those benefits.

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