The role of law in promoting public participation, transparency and accountability, and access to justice in the oil and gas extractive sector of Tanzania mainland

Karia, Pooja Mahendra

The role of law in promoting public participation, transparency and accountability, and access to justice in the oil and gas extractive sector of Tanzania mainland

Thesis / Dissertation

2026

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

This thesis examines the extent to which Tanzania's legislation governing the extractive oil and gas sector adequately incorporates the procedural components of good governance; namely, public participation, transparency and accountability, and access to justice within permitting stage of the process. The study adopts a two-tiered methodological approach. Firstly, it explores procedural components of good governance and constructs a theoretical framework on the role of law in promoting each of them. This theoretical framework is founded upon an analysis of academic literature. Secondly, it uses this theoretical framework to critically review the relevant components of Tanzania's legislation governing the extractive oil and gas sector. This second component begins by explaining Tanzania's relevant legislation that spans the constitutional dispensation, relevant framework legislation, and sector-specific laws. It then critically assesses this domestic legislation against the theoretical framework developed in the first part of the thesis to determine the extent to which it adequately promotes these procedural components of good governance. Through this analysis, it identifies strengths and weaknesses of the existing legislation and proposes opportunities for legal reform to enhance the procedural aspects of good governance in the extractive oil and gas permitting stage of the process. In relation to public participation, it highlights how Tanzania's relevant legislation lacks clarity on who may participate, at which stages, and in what manner, particularly in project approvals and contract negotiations. Mechanisms for early, continuous participation and institutional representation remain weak. In relation to access to information, the analysis highlights relative strength of the overarching constitutional dispensation, but illustrates how framework environmental and sectoral petroleum legislation lack clear definitions of accessible information and procedural safeguards for disclosure. Finally, concerning, access to justice, the analysis identifies the prevalence of judicial remedies, but identifies several anomalies in the ability of these to realise administrative justice in the absence of dedicated legislation to facilitate administrative redress. These findings highlight the need for legal reforms that have been recommended to clarify procedural participatory rights, access to information, and establish a framework for administrative justice to promote the procedural governance in the oil and gas extractive sector of Tanzania.