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Legal counsel

Location:
Dar es Salaam, Tanzania
Posted:
August 19, 2023

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Resume:

Curriculum Vitae for Mr. Ngabo Patrick Ibrahimu

*. PERSONAL PARTICULARS

Full name : Ngabo Midaba Patrick Ibrahimu

Nationality : Tanzanian

Date of Birth : 03 March, 1972

Contacts : C/O Jonisia Byakwaga, EPZA, P.O. Box 12112, Dar es Salaam. Mob. No. +255-***-***-*** Email: ady2hi@r.postjobfree.com 2. ACADEMIC QUALIFICATIONS

July 2008 – May 2009 Master of Laws (LL.M) in International Trade and Investment Law, University of the Western Cape, South Africa.

September 1996 - June 1999 Bachelor of Laws (LLB) (Hons) University of Dar es Salaam. June 07

th

, 1999 – June 18

th

, 1999 An introduction to Computer Course, Mathematics Department, University of Dar es Salaam.

July 1992 – May 1994 Advanced Level Education, Ilboru Special High School, Arusha.

3. WORK EXPERIENCE

3.1 Head of Legal and Company Secretary for MTMSL (TigoPesa) 2023 todate

• Adopting governance standards to ensure continuous compliance with legal and regulatory requirements for proper operations of MTMSL which is a mobile financial services and related services provider (fintech).

• Ensuring mobile money business has the right contractual agreements with all its customers and partners.

• Liaising with auditors, lawyers, tax advisers, bankers and shareholders on board governance issues.

• Liaising with relevant departments to ensure that where legal risks have been identified, appropriate courses of action have been taken.

• Review and advise Management on legal implications of internal policies and procedures.

• Providing leadership and ensure efficient and effective management of staff and resources in the Legal Department.

• Providing and interpreting legal information, conducting training and disseminating appropriate legal requirements to Staff and Management.

• Providing legal protection and risk management advice to Management team.

• Performing the role and responsibilities of a Company Secretary and ensure compliance with the applicable laws.

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• Drafting and negotiating contractual agreements between MTMSL and various companies including but not limited to E-Money Wallet to Bank and Bank to E-Money Wallet Payment Services; Corporate Biller Aggregatorship Payment Services; Collection and Disbursement Services; Direct Carrier Billing Services; Digital Loan Scoring and Management Services; Loan Products Services; Insurance Products Services; Funding and Promotion Services; Agricultural Products/AMCOS Payment Services; Super-Agent/ Retail Agent/ Cash Partner Services; Overdraft Facility Services; Device Financing; External Audit/Legal Services and Mutual Non-Disclosure Agreements.

3.2 Legal Consulting and Agribusiness Entrepreneurship 2017-2022

• Providing general and corporate legal consultancy including land conveyancing and corporate formation.

• Managing on-farm and off-farm rice faming activities including production, transportation, storage, processing and marketing.

3.3 Director of Corporate Legal Services for Tanzania Petroleum Development Corporation

(TPDC) 2015-2016

• Drafting and negotiating contractual agreements between the Company and various Institutions.

• Adopting governance standards to ensure continuous compliance with the legal and regulatory requirements for proper operations of the Corporation.

• Structuring regulations, guidelines, and rules for gas and oil operations.

• Representing the Corporation in Courts of Law and other Bodies.

• Managing relationships with external Counsel to effectively represent the Corporation.

• Advising Management on labour and employment relations including appropriate mechanisms for settlement of labour disputes.

• Providing optimal support to the operations of the Corporation.

• Providing secretariat services to Management, Board Committees and Board.

• For effective and efficient functioning of the Corporation jointly teaming up with the Corporate Affairs team and liaising with relevant state and non-state actors including:

(1) Ministry of Lands for compliance to statutory requirements, acquisition of landed properties and registration of interests on such properties, payments of land rent, renewal of titles, etc.

(2) Ministry of Energy for policy and overall direction as well as amendments to the relevant legislation.

(3) Attorney General’s Chambers for proper articulation of legal matters.

(4) Local Government Authorities (LGAs) for payment of local taxes, fees, and payment of compensation for resettlements of people to allow implementation of various projects.

(5) Regulatory authorities:

(a) Petroleum Upstream Regulatory Authority (PURA) for legal and regulatory issues on upstream gas operations.

(b) Energy and Water Utilities Regulatory Authority (EWURA) for legal and regulatory issues on mid and downstream gas and petroleum operations.

(c) National Environmental Management Council (NEMC) for legal and regulatory issues on environmental management.

(6) Parliament: appearing before the relevant Parliamentary Standing Committees for oversight and operational accountability and other legislative affairs including 3

amendments and formulation of legislative instruments as well as sensitization programs on operations of the Corporation.

(7) International Oil Companies (IOCs) for engagement as investors and partners with TPDC in upstream, midstream and downstream gas operations. Achievement (s):

• Led the TPDC Legal Team to successfully negotiate at the technical level, the passage of the East Africa Crude Oil pipeline (EACOP) through Tanzania.

• Negotiated gas sale agreements to companies and the industries.

• Achieved and agreed on a framework for the Inter-Governmental Agreement (IGA) between Tanzania and Uganda on EACOP.

• Gas payment security guarantee agreements.

• LNG Land Acquisition and Resettlement.

• Managing cases and other disputes successfully

3.4 Director of Legal Services and Secretary to the Board of Directors of the Social Security Regulatory Authority (SSRA) 2011-2015

• Drafting and negotiating contractual agreements between the Authority and various Institutions.

• Adopting governance standards to ensure continuous compliance with the legal and regulatory requirements.

• Formulating regulations, guidelines, and rules for the Social Security Sector.

• Responsible for liaising with tripartite partners (Government, Employers and Employees Associations) and other relevant stakeholders on the Authority’s legal and regulatory matters.

• Representing the Authority in Courts of Law and other Bodies.

• Advising Management on labour and employment relations including appropriate mechanisms for settlement of labour disputes.

• Providing legal advice on disputes and preparing amendments to legal instruments of the Authority.

• Providing secretariat services to Management, Board Committees and Board.

• Conducted training on SSRA Act, Act No. 5 of 2012, and the Social Security Sector Guidelines to Senior Management, Boards of Trustees and Staff of Pension Schemes, and other stakeholders especially Trade Unions and Employers’ Associations to foster awareness of the new Social Security Regulatory Regime.

• For effective and efficient functioning of the Authority teaming up with Public Relation Team to jointly liaise with state and non-state actors including:

(1) Ministry of Labour for policy and overall direction as well as guiding legislative affairs particularly amendments to or formulation of relevant legislation.

(2) Ministry of Finance and Economic Planning for employees’ and employers’ contributions and financing issues.

(3) Attorney General’s Chambers for proper articulation of legal matters.

(4) Social Partners- Employees and Employers Associations for engagement on contributions, rights and obligations as well as soliciting inputs for legislative affairs particularly amendment to or formulation of relevant legislation.

(5) Bank of Tanzania as a co-regulator in respect of regulation of investment matters of pension funds.

(6) Pension Funds for implementation of social protection policy and attendant legal and regulatory framework.

4

(7) Parliament: appearing before relevant Parliamentary Standing Committees for oversight and operational accountability and other relevant legislative affairs including amendment and formulation of legislative instruments as well as sensitization programs on the operations of the Authority.

Achievement (s):

• Established a full-fledged Legal Services Directorate from scratch providing a broad range of legal services to optimally support the Authority’s core business of effectively supervising public and private pension schemes.

• Negotiated amendments to laws governing Social Security Schemes for a more harmonized Social Security System.

• Formulated regulations, rules, and guidelines to operationalize a more harmonious Social Security System.

• Successfully negotiated Protocol for EAC Monetary Union.

• Negotiated legal instrument for the establishment of regional bodies for Social Security

(ECASSA-Eastern and Central Social Security Association and EAPSA-East African Pension Supervisors Association).

• Managing cases and other disputes successfully.

3.5 Legal Services Manager and Head of the Legal Services Department- PSPF 2007-2011.

• Drafting and negotiating contractual agreements between the Pension Fund and other Institutions.

• Adopting governance standards to ensure continuous compliance with the legal and regulatory requirements.

• Formulating regulations, guidelines, and rules for operations of the Pension Fund.

• Representing the Pension Fund in Courts of Law and other Bodies.

• Providing legal advice on disputes and preparing amendments to legal instruments of the Pension Fund.

• Providing optimal support to the operations of the Fund.

• Managing relationships with external counsel for effective representation of the Pension Fund

• Providing secretariat services to Management, Board Committees and Board.

• Responsible for liaising with tripartite partners (Government, Employers and Employees Associations) and other relevant stakeholders on all Fund’s legal and regulatory matters.

• Liaising with:

(1) Ministry of Finance for financing, operational and overall direction.

(2) Attorney General’s Chambers for proper articulation of legal matters.

(3) Parliament: appearing before the relevant Parliamentary Standing Committees for oversight and operational accountability and other legislative affairs concerning amendment and formulation of legislative instruments as well as sensitization programs on the operations of the Pension Fund.

Achievement(s):

• Restructured the Corporate Legal Services Department to support the operations of the Pension Fund in alignment with the new legal and regulatory framework for the social security sector including investment in public and private projects.

• Formulated regulations, rules, and guidelines for the operationalization of the law establishing the Pension Fund.

• Initiated amendments to the constituting Act granting Members the right to access residential housing loans.

5

• Negotiated contracts for the provision of syndicated investment loans to commercial enterprises such the Tshs. One Hundred Billion to Kagera Sugar Company. 3.6 Legal Officer - The Public Service Pensions Fund (PSPF) 2001-2007

• Drafting and negotiating contractual agreements between the Pension Fund and various Institutions.

• Formulating regulations, guidelines, and rules for the Pension Fund.

• Providing appropriate interpretations of legal instruments for the Pension Fund.

• Representing the Pension Fund in Courts of Law and other Bodies.

• Providing legal advice on disputes and amending legal instruments.

• Providing secretariat services to Management, Board Committees and Board. Achievement(s):

• Established Legal Services Unit from scratch at the then Public Service Pension Fund (PSPF) providing a broad range of legal services to the Fund. 3.7 State Attorney-Ministry of Finance 2000-2001

• Responsible for drafting, scrutinizing all contracts related to the Government transactions and harmonizing finance-related laws.

• I represented the Ministry at meetings of Governmental Agencies.

• Attending to all matters of legal nature in the Ministry of Finance.

• Liaising with bodies closely working with the Ministry of Finance e.g. Attorney General’s Chambers, Bank of Tanzania, Dar es Salaam Stock of Exchange and CMSA.

• Provision of legal research and advising.

4. OTHER PROFESSIONAL POSITIONS

4.1 Advocate of the High Court and Subordinate Courts 2003 - to date 4.2 Company Secretary and Secretary to the Board of Directors of International House Property Limited (IHPL) 2005-2011

• Coordinating the operations of the Board and its Committees.

• Providing secretariat services.

• Communicating the Board’s and Board Committees’ decisions to Management and other key players for implementation.

• Ensuring that the Company complies with its Memorandum and Articles of Association.

• Monitoring and ensuring Company’s compliance with the relevant legal and regulatory requirements.

4.3 Member of the Board of Directors of National Organization for Legal Assistance (nola), a nonprofit legal aid organization August 1st 2005 – June 2011

• Ensuring efficient operations of the legal aid provider to poor people across the country. 5. MEMBERSHIP IN VARIOUS STRUCTURES

5.1 Member of the Executive Committee of the Joint World Bank-East African Community

(EAC) Financial Sector Deepening and Regionalization Programme (FSDRP) 2012-2015: Fostering EAC citizens’ inclusion and participation in banking and financial services. 6

5.2 Member of the Technical and Legal Committee of the East African Pension Supervisors Association (EAPSA) 2014-2015: Coordination of the social protection sub-sector in the EAC.

5.3 Member of the Government Delegation to the East African Community (EAC) 2010-2011: A high Level Task Force which negotiated pending Annexes to the Common Market Protocol. 5.4 Member of the National Technical Working Group to formulate Tanzania’s EAC Common Market Implementation Strategy 2010-2011.

5.5 Member of the National Committee tasked with the preparation for the United Republic of Tanzania’s Universal Periodic Review Report on the Implementation of Human Rights Standards 2010-2011.

5.6 Member of The Standing Technical Committee of the East and Central Africa Social Security Association (ECASSA) 2007-2011: Coordination and furtherance of social security services in the sub-region.

5.7 Member of the South African Institute for International Affairs (SAIIA), Western Cape Branch. 2009-to date.

5.8 Member of Tanganyika Law Society (TLS) and East African Law Society (EALS), 2003-to date.

6. TRAINING/COURSES/CONFERENCES

• Credit Risk Management in Financial Institutions organized by GRC Solutions Ltd held in Dar es Salaam, Tanzania from 29-30 May, 2023.

• Tanzania –United Kingdom Legal Symposium organized by the Tanganyika Law Society and the Bar Association of England and Wales held in Dar es Salaam, Tanzania, 17-18 November, 2022.

• Tanzania Agribusiness Forum 2020 at Mwalimu Julius Nyerere International Conference Centre, held in Dar es Salaam from 27-28 February, 2020.

• Oil, Gas, Power and Sustainable Energy Seminar held at the International Law Institute (ILI), Washington DC, US, in October-November 2016.

• Professional Certification Program for Public-Private Partnerships in Virginia, United States conducted by the Institute for Public Private Partnerships, October-November 2015.

• Specialized Technical Committee meeting on Social Development, Labor and Employment

(STC-SDLE-1) in Addis Ababa, Ethiopia, April 2015.

• The 14th African Corporate Governance Conference Training in Johannesburg, South Africa, March 2015.

• Legislative Drafting Course by the International Law Institute (ILI) in Kampala, Uganda, 2014.

• The EAC Sectoral Council on Finance and Economic Affairs Ministers Meeting held in Nairobi, Kenya, 2014.

• The 2

nd

Ordinary Executive Committee meeting and the 2

nd

Ordinary Steering Committee

Meeting on Financial Sector Deepening and Regionalization Project (FSDRP) in Kampala, Uganda, 2013.

• Participated as a Member of the (EAC) High Level Task Force to negotiate the East African Monetary Union Protocol, 2012.

• Attended the 95

th

Session of the International Labour Conference in Geneva, Switzerland as a Legal Advisor to the Official Government Delegation of Tanzania, 2007.

• Attended a Management Development Programme for Managers in Mbabane, Kingdom of Swaziland, 2004.

• Attended the Directors’ Program on Improving Board Performance at the Irish Management Institute in Dublin, Ireland in October, 2002.

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7.1 PORTFOLIO MANAGEMENT

In my posting as the Director of Legal Corporate Services of TPDC which deals with Oil and Gas Sector, I was entrusted with overall responsibility of overseeing legal and related matters including structuring, negotiating and executing contracts, managing litigation matters, managing legal aspects of compensation and resettlement and providing legal advice. Since TPDC is mandated to manage oil and gas exploration, development and production throughout the country, our geographical coverage was country-wide. I also participated in negotiating successfully the passage of East African Crude Oil Pipeline (EACOP) through Tanzania, negotiated a framework for Inter-Governmental Agreement (IGA) on EACOP between Tanzania and Uganda and provided overall legal corporate services. In terms of staffing I was responsible for managing and overseeing 12 Lawyers and 3 supporting Staff with an annual budget of over 300 million shillings.

7.2 COMPANY SECRETARY

Working as the Director/Head of Legal Corporate Services, I have also acted as Company Secretary to provide company secretariat services to the Boards of the Institutions I have served which include:

• Organizing, managing and providing administrative backup to the functioning of the Board and Board Committees.

• Assisting the Board Chair to formulate Board meeting agendas and setting the Board calendar.

• Responsible for timely distribution of discussion Board Papers.

• Attending, recording and summarizing meeting proceedings and maintaining minutes’ books.

• Relaying Board directives and decisions to the relevant directorates and units for implementation.

• Monitoring implementation of Board directives and decisions and reporting back to the Board.

• Providing advice to the Board on legal, regulatory and related matters.

• Ensuring the company complies with its Memarts, as well as the existing legal and regulatory framework.

• Coordinating publication and distribution of the company’s Annual Report.

• Responsible for communicating with shareholders government entities and other stakeholders.

• Advising the Board on appropriate practices of good corporate governance.

• Ensuring safe custody and proper use of the company Seal. 8 SKILLS

• Managing organizational work teams.

• Setting goals and achieving them.

• Achieving operational effectiveness for the desired results.

• Following up on implementation of agreed commitments.

• Managing entrusted resources for maximum benefit of the Organization 9 PUBLISHED WORK

Perspectives and Reflections on the WTO: Participation of Developing Countries and its Challenges in 1 J TLS (2009) Tanzania Lawyer Journal. 8

10 LANGUAGES Swahili and English

11 HOBBIES Reading, Football, Music, Movies and Traveling REFEREES

1. Dr. Irene C. Isaka,

Director of Social Sector,

East African Community,

P.O. Box 1096,

EAC Headquarters,

Afrika Mashariki Road,

ARUSHA, TANZANIA.

Tel: +255-**-***-****

Fax: +255-**-***-****

Cel: +255-***-***-***

Email: ady2hi@r.postjobfree.com

2. Masha J. Mshomba,

Director General,

National Social Security Fund,

Benjamin Mkapa Pension Towers,

P.O. Box 1322,

DAR ES SALAAM.

Cel. +255-***-***-***

Email: ady2hi@r.postjobfree.com

3. Walarick Nittu,

Head Legal & Company

Secretary,

Standard Chartered Bank

Tanzania Limited,

P.O. Box 9011,

DAR ES SALAAM.

Cel. +255-***-***-***

Email: ady2hi@r.postjobfree.com

I, the undersigned certify that, to the best of my knowledge and belief, the above provided information correctly describes me, my qualifications and my experience.

NGABO P. IBRAHIMU



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