A company dealing with hunting blocks business, Foa Adventure Safaris Limited, has filed a suit at the High Court in Dar es Salaam challenging a decision by the Minister for Tourism and Natural Resources regarding allocation of hunting blocks.
Minister of Natural Resources and Tourism, Ambassador Khamis Kagasheki
In particular the applicant is challenging the minister’s decision to deny the company an opportunity to renew ownership of the hunting blocks and granting the same to four other companies.
The case comes for mention before High Court Judge Zaibabu Mruke today.
While the applicant is seeking the court’s redress on the matter, the deadline by the applicant to leave the hunting blocks in controversy was April 1. Already the applicant had complied with the deadline before the disputed hunting blocks were allocated to four other companies.
The hunting blocks which are subject in the case are Rungwa Mwamagembe Game Reserve, Luanda Mkwambi Game Controlled area (North), Rungwa Rungwa Game Reserve (East) and Rungwa Rungwa Game Reserves (West).
In the case, the applicant is seeking for an order for mandamus to compel the Minister to perform the ministerial duties conferred upon him under Section 38 (16) of the Wildlife Conservation Act to consider and decide on an application for review submitted to him by the applicant.
The applicant made an application for administrative review following the decision by the Minister not to allocate him with the hunting blocks and for failure to follow hunting blocks allocation procedures provided for under the law.
Accordance to the law, a party aggrieved by the decision (by the minister) in allocation of hunting blocks may seek for the minister to conduct administrative review of his decision. On October 26, 2011, the applicant lodged their application for the said administrative review which was, however, not granted.
The applicant alleges in the plaint of the suit that the minister’s failure to make such a decision has left hanging the company’s fate regarding the hunting blocks, the licences for which expired in March 2013.
The applicant further laments that as a result it is unable to pursue further remedies provided by the law to challenge the hunting blocks allocation process, including appeals to the court. According to the plaint of the suit, the last application for administrative review was submitted (by the applicant) on November 15, last year and to date the minister has failed to make a decision notwithstanding various reminders.
Other respondents in the matter are Attorney General, Bushman Hunting Safaris Limited, who had been included in the matter for being allocated with the Rungwa Rungwa Game Reserve (East), Merera Lodges and Tours Limited, who has been given the Rungwa Rungwa Game Reserve (West), Mwanauta Company Limited allocated with Rungwa Mwamagembe Game Reserve and Go Wild Hunting Limited, which has been given the Luanda Mkwambi Game Controlled area (North).
By FAUSTINE KAPAMA, Tanzania Daily News
