Insight type: Legal Alert

On 14 August 2026, the Government of Tanzania published Government Notice No. 244, introducing the Fair Competition (Abuse of Dominant Position) Regulations, 2026.

Made under Section 99 of the Fair Competition Act, Cap. 285 R.E 2023, the 2026 Regulations operationalise the Fair Competition (Amendment) Act, No. 13 of 2024, which revised the definition of dominant position, introduced joint dominance, raised the market dominance threshold from 35% to 40%, and listed specific acts constituting abuse.

Section 44 of the Banking Act, Cap 488 (Banking Act), provides that no institution shall increase its banking or other charges without the prior approval of the Cabinet Secretary responsible for Finance (CS).

In 2006, the CS delegated these approval powers to the Governor of the Central Bank of Kenya (CBK) through Legal Notice No. 34 of 2006. This delegation has been disrupted by the Supreme Court’s decision in Stanbic Bank Kenya Ltd v Santowels Ltd [2024] KESC 31 (KLR) (Santowels Case), which has reignited debate on the proper scope of Section 44 and its interplay with the CBK’s constitutional independence.

 

 

The Bank of Tanzania (BoT) has issued the Foreign Exchange (Amendment) Regulations, 2026 through Government Notice No. 206 published on 17 July 2026 (the 2026 Amendments), introducing significant changes to the Foreign Exchange Regulations, 2022.

The amendments revise key aspects of Tanzania’s foreign exchange framework, including the regulation of cross-border direct investment, non-resident participation in securities transactions, and reporting requirements for export and import transactions. In particular, the amendments broaden the definition of direct investment, liberalise the framework governing securities transactions by non-residents, and introduce clearer procedures and timelines for trade-related foreign exchange reporting.

Case: S.E.C (East African) Co Ltd & 4 Others v Gabriel Ponsiani Makundi (Civil Appeal No. 239 of 2024) [2026] TZCA 815
Court: Court of Appeal of Tanzania (Arusha)
Date: 27 July 2026
Relevant Law: Sections 57 and 236 of the Companies Act, Cap. 212 R.E. 2023 (referred to in the judgment as sections 55 and 233 under the Companies Act, 2002).

Finality is core to the arbitral bargain. Parties commonly choose arbitration because they expect a binding decision delivered through a process that is more focused, flexible and efficient than ordinary litigation. Kenya’s Arbitration Act gives effect to that expectation: Section 10 limits court intervention to the circumstances expressly permitted by the Act; Section 32A provides that an award is final and binding; and Section 35 restricts applications to set aside an award to specific grounds, including fraud, corruption, procedural unfairness, excess of jurisdiction and conflict with the public policy of Kenya.

Case: Ramadhani Said Ulungu v Khadija Miraji Iddi & 3 Others (Civil Appeal No. 440 of 2023) [2026] TZCA 739

Court: Court of Appeal of Tanzania

Date: 2 July 2026

Relevant Law: Sections 101 and 102 of the Land Registration Act, Cap. 334 R.E. 2019

The Federal Competition and Consumer Protection Commission (FCCPC or the “Commission”) has commenced a formal inquiry into allegations concerning the use of Nigerian news content by certain digital and generative artificial intelligence (AI) platforms (the “Inquiry”). The Inquiry has generated significant interest across Nigeria’s technology and media sectors – and rightly so. It sits at the intersection of competition law, AI governance, data protection and the future of digital commerce in Africa’s largest economy.

Abstract 

The global energy transition has repositioned Nigeria’s solid minerals sector from a policy aspiration into a strategic imperative. Sitting atop confirmed reserves of lithium, copper, niobium, tantalum, manganese, and rare earth elements across 44 other mineral types, Nigeria holds an estimated USD 700 billion in unexplored mineral wealth. A confluence of legislative reform, institutional modernisation, and surging global demand for energy transition minerals now presents a compelling, if time-limited, window for international investors. This article examines the legal architecture governing entry, the trajectory of ongoing reforms, the key structural risks associated with the mining sector in Nigeria.

Introduction

On 30 June 2026, the East African Community (EAC) Secretariat published EAC Gazette No. 16 of 2026, implementing decisions of the EAC Council of Ministers (the Council) under the East African Community Customs Management Act, 2004 (EACCMA) and the EAC Common External Tariff (the EAC CET).

With effect from 1 July 2026, the Gazette has introduced country-specific stays of application of the EAC CET, duty remissions on specified raw materials and industrial inputs, amendments to the customs duty exemptions under the Fifth Schedule to the EACCMA, and related administrative measures.

The 2026 Gazette continues a trend of Partner States using stay of application and duty remissions to implement national industrial policies alongside regional tariff harmonisation. The measures balance domestic objectives of protecting local industries, reducing manufacturing costs and encouraging investment, with EAC Customs Union commitments.