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Govt lawyers: ’We are tired of being associated with bad contracts signed by the govt

Discussion in 'Jukwaa la Siasa' started by BAK, Mar 28, 2008.

  1. BAK

    BAK JF-Expert Member

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    Generous new incentives for Mlimani City project investors: PS Mgonja now linked with TIC`s Ole Naiko

    -Govt lawyers: ’We are tired of being associated with bad contracts signed by the government�’

    THISDAY REPORTER
    Dar es Salaam

    THE Permanent Secretary in the Ministry of Finance, Gray Mgonja, has been named alongside Tanzania Investment Centre (TIC) Executive Director Emmanuel Ole Naiko as having been the main enforcers of a controversial new contract favourable to the investors of the Mlimani City project in Dar es Salaam.

    According to a report prepared by three government lawyers who scrutinized the draft new contract beforehand and questioned the legitimacy of some new incentives included therein, Ole Naiko as head of the government negotiating team was insistent that the document be signed without further ado, and that he had Mgonja’s permission to go ahead and sign.

    The three lawyers - A.S. Kagomba from TIC, E.A. Mwankenja from the Ministry of Finance, and N.R. Mwaikambo from the Attorney-General’s Chambers � were part of a government delegation led by Ole Naiko which travelled to Gaborone, Botswana last year to try to woo back the proprietors of Mlimani Holdings Limited, who were threatening to disinvest in the project unless certain conditions were met.

    Other members of the delegation to Gaborone were TIC director of investment and resource mobilization Dr. A. Chungu, P. Kassera from the Tanzania Revenue Authority (TRA), and University of Dar es Salaam Professor F.D. Luoga.

    The Mlimani Holdings Limited team was spearheaded by lead investor Gulam Abdoola.

    According to the lawyers’ report of the trip and what transpired in Gaborone in July last year, the lawyers were not happy with a number of aspects of the negotiations, including ’’some members of the government delegation defending the investor so much that they portrayed a picture that they were defending investors’ interest instead of government interests.’’

    ’’It was the lawyers’ opinion that the draft performance contract should not be signed until prior authority to do so has been established, since lawyers are tired of being associated with bad contracts signed by the government,’’ the report stated.

    But it continued: ’’In response, the head of delegation (Ole Naiko) reiterated his position that he has full mandate from the (Treasury) permanent secretary to sign, and that the role of the lawyers is to advise only as they have done.’’

    According to the lawyers’ detailed report, the other members of the government negotiating team made efforts from the start to ’divide’ them (lawyers) by summoning them one by one to internal meetings on strategy.

    The lawyers’ own joint position was that the draft new contract be annexed to the original contract, with the final signature done in Dar es Salaam after consultations with the Attorney-General and the State House chief secretary.

    ’’All the three government lawyers were of the view that the draft performance contract under discussion had gone out of its way with regard to incentives proposed and the mandate for signature,’’ the report stated.

    The proposed new incentives which the lawyers questioned included Mlimani Holdings being given ’strategic investor’ status plus several tax incentives such as withholding tax on foreign consultancy, interest on loan repayments, rentals, 100 per cent capital allowance, and exemptions on customs duty and value added tax.

    The lawyers said in their report that they were in regular telephone consultations back home with the Deputy AG, Sazi Salula, and Chief Secretary Philemon Luhanjo during the Gaborone negotiations.

    But the final word is said to have come from Mgonja, who in a telephone conversation with one of the lawyers (Mwankenja) is understood to have directed that if ’’senior members’’ of the government team were insisting on the contract being signed immediately in Gaborone, then ’’certain safeguard clauses must be inserted.’’

    These clauses, according to the report, were; (a) the project facilitation team should have powers to summon the investor, and/or (b) to require him to furnish cash flow statements for monitoring of the capital recouping.

    Mgonja also advised that any ’’backdating’’ of the contract should not have ’’any element of refunds from the government.’’
     
  2. Mushobozi

    Mushobozi JF-Expert Member

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    sijaelew kitu kimoja, hivi wanajitetea kuwa hawakusaini huku walisain. hata prosessor kasahau rules za Cab-web rules, kuwa tke role of the lowyer is to defend the independency of the bar against the state interest.

    wote mimi ninawaona wazushi. kwanini hawakusema mapema mpaka walipoona watalowasenized at all expenses.
     
  3. F

    FDR Jr JF-Expert Member

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    WAKUBWA HAWA WAANDISHI WA THIS DAY HUWA WANATUMWA NA NANI WANYEMUOGOPA KIASI CHA KUTOJUA HATA MWALIMU CHUNGU SIYE MKURUGENZI WA TIC????WAACHE KUWASAKAMA WATU PASIPO KUWA NA TAARIFA ZA KUTOSHA.
     
  4. F

    FDR Jr JF-Expert Member

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    WAKUBWA HAWA WAANDISHI WA THIS DAY HUWA WANATUMWA NA NANI WANYEMUOGOPA KIASI CHA KUTOJUA HATA MWALIMU CHUNGU SIYE MKURUGENZI WA TIC????WAACHE KUWASAKAMA WATU PASIPO KUWA NA TAARIFA ZA KUTOSHA DR.CHUNGU NI MWALIMU WA UDSM NA HICHO CHEO NDICHO HASA ALICHOKUWA NACHO KULE MLIMANI,SIJAJUA KAMA MUKANDARA KAMUONDOA PALE AU LA KWA SASA .
     
  5. M

    Mwakilishi JF-Expert Member

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    Kumbe ndio maana Ole Naiko alianza mayowe mapema, yote katika ku-preempt tuhuma zitakazojitokeza kama hizi...lakini wapi! Sasa na yeye inabidi amulikwe na huyu Mgonja anatajwa tajwa kuhusika katika mikataba kadhaa mibovu, vipi huyu bwana mbona anaendelea kupeta tu? Only in Tanzania.
     
  6. H

    Hussein Abdallah Member

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    Mimi nataka kuuliza hawa ma lawyer wameanza kuchoka kuanzia lini ? Na kipi hasa kimewachosha waka acha kukisema zamani wanasema leo ?
     
  7. Ibambasi

    Ibambasi JF-Expert Member

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    FDR soma post vizuri,
    Dr. Chungu sio Mkurugenzi wa TIC bali Mkurugenzi wa kitengo NDANI ya TIC,wewe ndo una matatizo na unamwogopa mtu.Back to the point,hawa jamaa,sijui wanajiita wanasheria,watuambie jambo moja;walisign mkataba huo licha ya upuuzi huo wanaoukwepa au hawakusign?Swala la kwamba walilazimishwa halina msingi kwani hawakushikiwa bunduki.Wao wanajua kuwa katika criminal law "duress/vitisho" inakuwa defense pale tu kuna imminent danger kwa victim kumtaka afanye asichokitaka.Kulikuwa na Prof. Luoga (mwanzilishi na mmiliki mmojwawapo wa FK Law Chambers),huyu navyomfahamu jinsi ambavyo anagombana na watu wa serikali (rejea kupitishwa kwa Income Tax Act,2004) eti na yeye aje na utetezi wa kipuuzi kama huu.Really wonders will never cease.Waseme tu walipata 10% ya kiasi gani.
     
  8. T

    TechMaro Senior Member

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    Nionavyo mimi, wasomi wa kubabaisha ndo tatizo kubwa katika taifa letu hili. Tena wasomi hao ni hawa wanasheria wetu. Sijui sheria ya Tanzania wanafundishwaje??

    How come lawyers wa kibongo wanaishi maisha so expensive?? je ni hivi vikesi vya mbuzi tunavyovisikia kila siku?? Wao ndo wanaowasaidia hawa CCM kutuibia na elimu ya sheria yao uchwara....
     
  9. F

    Fundi Mchundo JF-Expert Member

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    Kutishiwa si lazima washikiwe bunduki!
     
  10. Mzee Mwanakijiji

    Mzee Mwanakijiji Platinum Member

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    Kama wewe ni mtumishi wa serikali na unaona kuwa unalazimishwa au kutishiwa kufanya kitu ambacho hakina maslahi kwa Taifa, unaandika barua ya kuprotest na kama kitu hicho ni kikubwa mno kwa maslahi ya Taifa, unaandika barua ya kujiuzulu na kwenda kijijini kwenu kulima.

    Haya mambo ya "mazungumzo baada ya habari" ni viini macho.
     
  11. F

    Fundi Mchundo JF-Expert Member

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    Si wote wenye moyo huo! Hasa ukiangalia wasiwasi wa kuwa hata ukienda kokote utashughulikiwa kikamilifu. Ukilima, mvua itakataa kunyesha kwenye kijishamba chako; ukinunua daladala, trfik hawatacheza mbali nawe n.k.
     
  12. K

    KakindoMaster JF-Expert Member

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    Dr. Chungu kama ni yule ninayemjua alikuwa Mwalimu Chuo Kikuu Mechanical Engineering labda kama ameishatoka na kwenda TIC.
     
  13. F

    Fundi Mchundo JF-Expert Member

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    Huu mradi si wa Chuo kikuu? Labda pengine alifunga tela akitokea huko!
     
  14. N

    Ngereja JF-Expert Member

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    Dr. Chungu is a Lecturer at UDSM and also the Director of Investment and Resource Mobilization which is under the Directorate of Planning of the University of Dar es salaam. I know him well 'coz was my lecturer.
     
  15. N

    Ngereja JF-Expert Member

    #15
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    Dr. Chungu hafanyi kazi TIC,uhusiano wake na TIC ni kwa vile yeye ndo alikuwa tunaweza kusema msimamizi mkuu wa mambo ya investment hapo UDSM, kwa hiyo, huo mradi wa Mlimani City ulipokuwa unaanza yeye alikuwa kiungo muhimu kwa niaba ya chuo, wawekezaji na serikali kupitia TIC. So, he know all the dots from A to Z about Mlimani City Project, of which investors have leased the UDSM Land for 50 year, thereafter will be taken by UDSM 100%
     
  16. Ibambasi

    Ibambasi JF-Expert Member

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    You got me right and correct Fundi!!
    100% nakubaliana nawe.Hakuna kitisho kizuri zaidi na kinacopendeza zaidi ya pesa a.k.a chapaa a.k.a ankara!!That's waht i meant kama ulinisoma vizuri.Washakula chao na kunawa mikono ila walishau kufuta midomo sasa ndo wanaleta hizi stori ohh mboga ingewaje siuji nini!!!

    Damn!! that's why I love Tanzania!!!
     
  17. F

    Fundi Mchundo JF-Expert Member

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    Tunampa kwa miaka hamsini halafu mnategemea hayo majengo yatakuwa kitu wakati mnarejeshewa? Tumeliwa tena! Na bado tunampigia magoti! Huyu Dr. hatufai awe yuko Chuo Kikuu au T.I.C.
     
  18. Nemesis

    Nemesis JF-Expert Member

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    Inamaanisha hakuna anayeaminika? kazi ipo!!!
     
  19. DMussa

    DMussa JF-Expert Member

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    Mkuu,
    Sure Dr. Chungu ndio Director of investment and resource mobilization at UDSM.

    Suala kubwa hapa ni hawa lawyers kukumbuka mashuka wakati alfajiri ishafika!! Kuna kitu nilikisoma zamani kidogo kinahusiana na whistle blowing na kukutana na hii hapa.

    Ninachojiuliza hivi hawa lawyers walipoona fishy things kwa nini walikubali kusign just because of shinikizo la Luhanjo?? I doubt their Intergrity. Siwezi kuwaamini hata kidogo huenda wana lengo lingine na sio kusema ati wamechoka kuhusishwa na mikataba mibovu!! Hivi mpaka sasa kuna mkataba hata mmoja ambao nchi hii imeingia na uko clean??
     
  20. N

    Ngereja JF-Expert Member

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    Inaonekana bado haieleweki DR. A. Chungu ni mfanyakazi wa wapi. Dr. A. Chungu si mfanyakazi wa TIC na hajawahi kufanya kazi huko. Mpaka leo hii yeye ni Lecturer UDSM na Director of Investments and Resource Mobilization see here http://www.udsm.ac.tz/administration/administration.html
     
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