Rutashubanyuma
JF-Expert Member
- Sep 24, 2010
- 219,470
- 911,173
There three main areas to default the DOWANS AWARD for being unconstitutional............
1) The illegal ouster of jurisdiction of the Tanzanian courts to investigate the validity of the AWARD......................our constitution is conspicuously trashed when the Arbitration verdict intentionally deterred litigants from seeking legal recourse in case they were dissatisfied by its decision!!!!!!!!!!!!!!!! Time and time again our courts have shown to ignore and jealously protect herself from ouster clauses of her constitutional mandate as the last line of defence to civil liberties which include the locus standi for citizenry to question such an invidious AWARD.............
2) The DOWANS AWARD rewarded conspiratorial acts willfully conducted by civil servants and RICHMOND / DOWANS proprietors at expense of the PROCUREMENT ACT................What the arbitrator inferred was civil servants and her unseemly nemesis represented by cunningly DOWANS were above the Procurement Act of 2004 something that is totally unconstitutional....................Illegal conduct; however, well-meaning it could have been; and this one is a far cry from that, can not and should not be exploited to justify trampling the laws of the land.................Once the arbitrator established the fact that procurement act of 2004 was flouted following neither the Tender Board was involved nor the procurement authority accessed her onus to investigate the scam the legal leeway was to declare the purported deal between Tanesco and DOWANS was a nullity and no amount of window dressing carried out by protagonists could justify the infringements of our laws.........................
3) The legality of RICHMOND was not even raised by Tanesco Lawyers and the arbitrator assumed that Richmond's legal status was not in dispute..............I have always wondered whether Tanesco legal representation there was up to the task or they were compromised to serve personal whims.....................................
HIGH COURT can still be asked to rescind this ignominious AWARD in the public interest.......................we have always to remember Tanesco is and will remain a public institution always tethered by stringiest accountability and few civil servants no matter how closer they are from the center of power can not be permitted hijack Tanesco from public scrutiny for the purposes and intents of sating selfish interests............
NOW THE HIGH COURT IS OUR LAST LINE OF DEFENCE…………….
1) The illegal ouster of jurisdiction of the Tanzanian courts to investigate the validity of the AWARD......................our constitution is conspicuously trashed when the Arbitration verdict intentionally deterred litigants from seeking legal recourse in case they were dissatisfied by its decision!!!!!!!!!!!!!!!! Time and time again our courts have shown to ignore and jealously protect herself from ouster clauses of her constitutional mandate as the last line of defence to civil liberties which include the locus standi for citizenry to question such an invidious AWARD.............
2) The DOWANS AWARD rewarded conspiratorial acts willfully conducted by civil servants and RICHMOND / DOWANS proprietors at expense of the PROCUREMENT ACT................What the arbitrator inferred was civil servants and her unseemly nemesis represented by cunningly DOWANS were above the Procurement Act of 2004 something that is totally unconstitutional....................Illegal conduct; however, well-meaning it could have been; and this one is a far cry from that, can not and should not be exploited to justify trampling the laws of the land.................Once the arbitrator established the fact that procurement act of 2004 was flouted following neither the Tender Board was involved nor the procurement authority accessed her onus to investigate the scam the legal leeway was to declare the purported deal between Tanesco and DOWANS was a nullity and no amount of window dressing carried out by protagonists could justify the infringements of our laws.........................
3) The legality of RICHMOND was not even raised by Tanesco Lawyers and the arbitrator assumed that Richmond's legal status was not in dispute..............I have always wondered whether Tanesco legal representation there was up to the task or they were compromised to serve personal whims.....................................
HIGH COURT can still be asked to rescind this ignominious AWARD in the public interest.......................we have always to remember Tanesco is and will remain a public institution always tethered by stringiest accountability and few civil servants no matter how closer they are from the center of power can not be permitted hijack Tanesco from public scrutiny for the purposes and intents of sating selfish interests............
NOW THE HIGH COURT IS OUR LAST LINE OF DEFENCE…………….