An overview of the Amendments to the Tanzania Shipping Agencies (Complaints Handling Procedures) Regulations

To improve the complaints handling procedures related to services regulated by the Tanzania Shipping Agencies (TASAC), the Tanzania Shipping Agencies (Complaints Handling Procedures) (Amendment) Regulations GN No. 179 of 2025 (the Amendment Regulations) were enacted on 21 March 2025.

The Amendment Regulations amend the Tanzania Shipping Agencies (Complaints Handling) Regulations GN No. 338 of 2018 (the Complaints Handling Regulations). In this article, we outline significant amendments introduced by the Amendment Regulations, focusing on the mechanisms for handling complaints and the enforceability of decisions made by TASAC.

The key amendments affecting the provisions of the Complaints Handling Regulations

The following are the key provisions introduced or amended under the Amendment Regulations:

Applicability of the Complaints Handling Regulations 

Previously, regulation 2 of the Complaints Handling Regulations stated that the regulations applied to regulated service providers and regulated services in Tanzania mainland. The Amendment Regulations revise this provision to clarify that the Complaints Handling Regulations apply to complaints filed with TASAC in relation to written laws, regulations, rules, or notices administered by TASAC concerning regulated services or services provided in maritime transport.

Introduction of new definitions 

Previously, the Complaints Handling Regulations did not define the term “Complainant” and “Complaint”. The Amendment Regulations now define the terms as follows: 

“Complainant” means a person who has filed a complaint to TASAC pursuant to the Complaint Handling Regulations; and 

“Complaint” means a concise statement of the ultimate facts of the matter or act complained of, in respect of the provision, possible provision or purported provision of the regulated services or service rendered by TASAC and thus invoking the regulatory power of jurisdiction of TASAC, and specifying the relief sought which includes problems with services or infringement of consumer rights.

Complaint handling mechanisms

The Amendment Regulations introduce mechanisms for handling complaints in a fair and timely manner, which were previously not provided for. The amendments establish an amicable settlement process whereby complaints are first addressed within the respective directorate or unit of TASAC.

If a complaint remains unresolved after seven (7) working days, it must be forwarded to a designated committee for further determination. Any settlement reached must be in writing and signed by the parties.

The designated committee, known as the Complaints Handling Committee, is comprised of:

• director of Legal Services, who shall be the Chairman;
• director of Maritime Transport Regulations;
• director of Maritime Safety, Security and Environment;
• director of Shipping Business;
• director of Corporate Services;
• director of Economic Regulations; and 
• a Legal Officer from the legal services unit, who shall be the Secretary.

The Complaints Handling Committee is entrusted with the following functions:

• receiving, scrutinising, and hearing complaints from regulated service providers, their customers, or TASAC’s customers; 
• investigating all complaints; and 
• making and presenting findings and recommendations to the Director General for final determination.

The Complaints Handling Committee is also required to treat all complaints in a uniform manner. 

The enforceability of the decision by TASAC

Before the amendments, the Complaints Handling Regulations were silent on the enforceability of TASAC’s decisions. The Amendment Regulations now provide that decisions made by TASAC concerning complaints are enforceable before the High Court of the United Republic of Tanzania. 

Rules of procedure for handling complaints

The Complaints Handling Regulations did not set out specific rules for handling complaints. The Amendment Regulations provide that where the rules of procedure have not been provided for, a rule of procedure set out in the Civil Procedure Act which is pertinent to such procedural issue will apply. However, the technicalities of the law, procedures and rules applicable in the courts of law will not apply to proceedings under the Complaints Handling Regulations.

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