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Manji anaishitaki serikali!

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by BAK, Feb 22, 2011.

  1. BAK

    BAK JF-Expert Member

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    Feb 22, 2011
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    Manji sues govt over Dar prime beach plot Monday, 21 February 2011 23:32

    By Bernard James
    The Citizen Reporter
    Dar es Salaam. Two years since the government permanently banned the sale or leasing of the famous Coco Beach shore strip, a city-based businessman, Mr Yusuf Manji, is fiercely battling to repossess the public beach on grounds that in 2007 he was awarded a tender to develop it.The Citizen has established that Kinondoni municipality had given Mr Manji a 35-year leasehold of the property through his private firm Q-Consult Limited (QCL).


    He has now instituted a suit against the local authority, which, on the order of Prime Minister Mizengo Pinda, terminated the agreement for development of the beach area.

    Speaking to councillors from the three municipalities of Dar es Salaam in May 2008, the Prime Minister ordered the Kinondoni municipality to cancel the deal for development of Oysterbay waterfront in public interest.
    Investment in the project was put at approximately $30 million (about Sh43.5 billion).

    “Tell the developer that should he continue with construction, once he has erected structures the people will pull them down,” Mr Pinda stated then. Regardless of the Prime Minister’s directive, Mr Manji is pressing either to repossess the area or be compensated billions of shillings for what he describes as unlawful termination of the contract.

    In his bid to seek redress, Mr Manji has secured a temporary order of the High Court restraining the municipal council from receiving bids or entering into any deal for development of the waterfront, pending hearing and determination of the suit.

    The Kinondoni Municipal Council had apparently concluded an agreement with QCL for development of Oysterbay waterfront by designing, building and operating the property. The area is one of a few remaining public beaches in Dar es Salaam.

    According to available details, QCL was leased approximately 21.6 hectares of the beach stretching from Kenyatta Drive up to the outer edge of the police officers’ mess compound on Toure Drive.

    The area is demarcated in four zones within the coral cliffs, the sand beach, the park and the hilltop ledge, which cover about seven hectares described as “a master plan that will provide for a built environment and a place for communal recreation.”

    But as Mr Manji tries to pull out all the stops to regain the property, many questions arise around the process and procedures followed to acquire prime rate sites in the city. They often smack of corruption.

    Some observers query how the local authority could, through its councillors, approve the proposed project before an environmental impact assessment (EIA) was undertaken as the law requires.

    Section 81 (1) of the National Environment Management Act, 2004, requires that developers of a project near water resources must first carry out an environmental impact assessment before commencement of such a project.

    But Kinondoni municipality approved the project in December 2007 without environmental assessment.
    Though QCL blames the Kinondoni authority for delaying the project through non-approval of the environmental impact assessment it carried out for the vemnture, The Citizen on Saturday confirmed that the National Environment Management Council (NEMC) had not registered the study as the law requires.

    The NEMC Act also stipulates that no permit or licence for carrying out such a project shall be given to a developer without first obtaining an EIA certificate, failure of which is an offence.

    According to the agreement between QCL and the municipality, Mr Manji was required to produce an EIA study within four months of signing the contract.

    He assigned a Costa Rican firm, Futuris Consulting S.A, to conduct an EIA, which it concluded with recommendations over sustainability of the project.

    But NEMC’s director of education, information and communication, Ms Anna Maembe told The Citizen that her office has never registered such a project for its own assessment or review as the law requires.

    “The first step before thinking of developing such a project is to register the project for EIA with us, then from the word go we can reject the project or consultants registered with us for EIA,” Ms Maembe said.
    Another nagging question over the “marriage” between Kinondoni municipality and QCL is the fact that the law restricts the waterfront for any development.

    “The law is very categorical that there should not be any development of beach area within 60 metres from high water tide. It does not require a quantity surveyor to note that there is no area for any development 60 metres from the shoreline of Coco Beach,” Ms Maeda added.

    According to fiscal terms of the Coco beach project, Mr Manji would pay $ 300,000 (about Sh435 million) in royalty to Kinondoni Municipal Council annually or five per cent of revenue whichever is higher from the first year of operation.


    Kinondoni Municipal deputy mayor Julian Bujugo and the municipal director, Mr Noel Mahyenga, initialled the project while S. Sampathkumar and B.N Arvind signed the agreement on behalf of QCL.

    Proposed structures to be built as part of the project master plan include an arrival centre, chalets, marina, amusement park, car park, aquarium, marine park, botanical garden, children’s park, deep-water diving facilities, bird and butterfly sanctuary, restaurants and bars, recreational places and services.

    Other attractions would be a telescopic tower, picnic spots, handcraft stalls, youth and health centre, sports ground, water sports, jetty, shark protection fence, mobile kiosks and children’s games. In addition, the park would have a jogging track, horse riding, food stalls, aerobics ground and an open-air theatre.

    Last week the Kinondoni Municipal Council announced termination of the contract saying land use for the area has changed. According to the council’s information office, current developments have made it impossible for the project to continue.


     
  2. mujusi

    mujusi JF-Expert Member

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    Feb 22, 2011
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    Nimesoma "Citizen" ya leo na kuna habari kwamba Manji anaishitaki Serikali ili amiliki Eneo la COCO BEACH kwa miaka 35 kwa eneo la Hecta 21.6. Eneo hili alipewa na Halmashauri ya Kinondoni kwa njia ( kwa maoni yangu) za hila na Waliopewa dhamana ya kuongoza Halmashauri mwaka 2007 wengi mnawajua na sio vizuri kuwataja moja kwa moja maana Moderator anaweza kufuta hoja.
    Mkataba huu unaonyesha wazi kujaa dalili zote za Rushwa hasa ukiona wale walioupitisha walivyojikusanyia mali ikiwemo pamoja na kujenga mashule ili yasionekane na wale wafuatiliaji.

    Sheria inakataza umilikishwaji na ujenzi wa maeneo ya Ufukweni lakini cha ajabu mkataba ukaandaliwa na akapewa huyo mafanyi biashara ambae alikuwa karibu sana na viongozi wa halmashauri kiasi cha kupewa tenda nyingi katika majina tofauiti ikiwemo na kusupply matela ya kuzolea taka substandard.

    Kwa jinsi ya hawa wenye pesa walivyo na nguvu uwezekano wa kushinda kesi upo mkubwa kwa sababu hata uko Mwanza Mama Tibaijuka ametaka Mkurugenzi wa Mji huo achunguzwe kwa kugawa ardhi ya Serikali kwa Wafanyabiashara binafsi ( source:gazeti hilo hilo).

    Sitaki kuwachosha. Hivi nauliza PCCB hawawezi kuona mikataba laghai kama hii na kuichunguza na kumtia hatiani hata huyo anewashawishi watendaji wa Serikali wanaweka mikataba kinyume na sheria ili mradi wavute chao?
    La pili ni kwamba hivi wananchi, wa Mijini hususani sasa hivi tumekuwa mazezeta hata Mbadhirifu anachukua ardhi kama ufukwe wa Hecta 21.6 kumiliki na kujenga kiasi cha kunyima nafasi maelfu ya wanachi kupata nafasi ya kufika ufukweni wakati ardhi hiyo inapaswa kuwa ya kila mtu?

    Nakumbuka pale Mnazi mmoja kwenye open space Mbadhilrifu mmoja alipewa nafasi ajenge Wananchi walienda kung'oa uzio na mabati kuchukua na ndio likawa fundisho kwake(kama mnakumbuka enzi za tajiri Baghdad).

    Hivi kama tunaona taasisi zilizokabidhiwa dhamana ya kuweka mambo sawa zinashindwa wananchi hawana uwezo wa kuingilia na kuzisaidia?
    Jamani hii hali ni mbaya na kama hatutafuti suruhisho la kumaliza ubadhirifu huu basi tutegemee mabaya zaidi huko mbeleni.
     
  3. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

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    Feb 22, 2011
    Joined: Sep 24, 2010
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    Manji sues govt over Dar prime beach plot Send to a friend Monday, 21 February 2011 23:32 digg

    By Bernard James
    The Citizen Reporter
    Dar es Salaam. Two years since the government permanently banned the sale or leasing of the famous Coco Beach shore strip, a city-based businessman, Mr Yusuf Manji, is fiercely battling to repossess the public beach on grounds that in 2007 he was awarded a tender to develop it.The Citizen has established that Kinondoni municipality had given Mr Manji a 35-year leasehold of the property through his private firm Q-Consult Limited (QCL).

    He has now instituted a suit against the local authority, which, on the order of Prime Minister Mizengo Pinda, terminated the agreement for development of the beach area.

    Speaking to councillors from the three municipalities of Dar es Salaam in May 2008, the Prime Minister ordered the Kinondoni municipality to cancel the deal for development of Oysterbay waterfront in public interest.
    Investment in the project was put at approximately $30 million (about Sh43.5 billion).

    "Tell the developer that should he continue with construction, once he has erected structures the people will pull them down," Mr Pinda stated then. Regardless of the Prime Minister's directive, Mr Manji is pressing either to repossess the area or be compensated billions of shillings for what he describes as unlawful termination of the contract.

    In his bid to seek redress, Mr Manji has secured a temporary order of the High Court restraining the municipal council from receiving bids or entering into any deal for development of the waterfront, pending hearing and determination of the suit.

    The Kinondoni Municipal Council had apparently concluded an agreement with QCL for development of Oysterbay waterfront by designing, building and operating the property. The area is one of a few remaining public beaches in Dar es Salaam.

    According to available details, QCL was leased approximately 21.6 hectares of the beach stretching from Kenyatta Drive up to the outer edge of the police officers' mess compound on Toure Drive.

    The area is demarcated in four zones within the coral cliffs, the sand beach, the park and the hilltop ledge, which cover about seven hectares described as "a master plan that will provide for a built environment and a place for communal recreation."

    But as Mr Manji tries to pull out all the stops to regain the property, many questions arise around the process and procedures followed to acquire prime rate sites in the city. They often smack of corruption.

    Some observers query how the local authority could, through its councillors, approve the proposed project before an environmental impact assessment (EIA) was undertaken as the law requires.

    Section 81 (1) of the National Environment Management Act, 2004, requires that developers of a project near water resources must first carry out an environmental impact assessment before commencement of such a project.

    But Kinondoni municipality approved the project in December 2007 without environmental assessment.
    Though QCL blames the Kinondoni authority for delaying the project through non-approval of the environmental impact assessment it carried out for the vemnture, The Citizen on Saturday confirmed that the National Environment Management Council (NEMC) had not registered the study as the law requires.

    The NEMC Act also stipulates that no permit or licence for carrying out such a project shall be given to a developer without first obtaining an EIA certificate, failure of which is an offence.

    According to the agreement between QCL and the municipality, Mr Manji was required to produce an EIA study within four months of signing the contract.

    He assigned a Costa Rican firm, Futuris Consulting S.A, to conduct an EIA, which it concluded with recommendations over sustainability of the project.

    But NEMC's director of education, information and communication, Ms Anna Maembe told The Citizen that her office has never registered such a project for its own assessment or review as the law requires.

    "The first step before thinking of developing such a project is to register the project for EIA with us, then from the word go we can reject the project or consultants registered with us for EIA," Ms Maembe said.
    Another nagging question over the "marriage" between Kinondoni municipality and QCL is the fact that the law restricts the waterfront for any development.

    "The law is very categorical that there should not be any development of beach area within 60 metres from high water tide. It does not require a quantity surveyor to note that there is no area for any development 60 metres from the shoreline of Coco Beach," Ms Maeda added.

    According to fiscal terms of the Coco beach project, Mr Manji would pay $ 300,000 (about Sh435 million) in royalty to Kinondoni Municipal Council annually or five per cent of revenue whichever is higher from the first year of operation.
    Kinondoni Municipal deputy mayor Julian Bujugo and the municipal director, Mr Noel Mahyenga, initialled the project while S. Sampathkumar and B.N Arvind signed the agreement on behalf of QCL.

    Proposed structures to be built as part of the project master plan include an arrival centre, chalets, marina, amusement park, car park, aquarium, marine park, botanical garden, children's park, deep-water diving facilities, bird and butterfly sanctuary, restaurants and bars, recreational places and services.

    Other attractions would be a telescopic tower, picnic spots, handcraft stalls, youth and health centre, sports ground, water sports, jetty, shark protection fence, mobile kiosks and children's games. In addition, the park would have a jogging track, horse riding, food stalls, aerobics ground and an open-air theatre.

    Last week the Kinondoni Municipal Council announced termination of the contract saying land use for the area has changed. According to the council's information office, current developments have made it impossible for the project to continue.


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    Comments




    +1 #2 Ally Nchahaga 2011-02-22 07:00 What a shame, goo project with thumbs up for investor BUT how did it get approved and SIGNED?Was there ever a bidding process?Get hold of the authority who made it happen first.Now all eyes will be on QCL but what drove the authorities to give go ahead?The Government must act towards these people
    Quote









    +1 #1 Mangi Yusuf 2011-02-22 04:20 the only thing remaining to be sold is their a)ses, how greedy are these people?

    the wh9le government is rotten, hang them like our Chinese friends do.

    Quote
     
  4. B

    Bajabiri JF-Expert Member

    #4
    Feb 22, 2011
    Joined: Jan 1, 2011
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    Wahndi,wanafanya wanavyotaka,
     
  5. Elia

    Elia JF-Expert Member

    #5
    Feb 22, 2011
    Joined: Dec 30, 2009
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    Wenye nchi wamelala usingizi wa pono, wazalendo wapo macho ila mikono yao mifupi, sauti zao hazisikiki na kama zikisikika hazieleweki nchi inauzwa. kama nikichukua nchi hii wataniita dictator lakini masikini, wenye uchungu nanchi na Watanzania watanifurahia...
     
  6. m

    mageuzi1992 JF-Expert Member

    #6
    Feb 22, 2011
    Joined: Apr 9, 2010
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    Akiingia Madarakani raisi wangu mafisadi wananyongwa!
     
  7. B

    Bongohuzz New Member

    #7
    Feb 22, 2011
    Joined: Nov 19, 2009
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    I dont think every move a Asian(race) makes is fisadi !

    Manji is a smart ass businessmen . This was a good business plan and it sucks tht its in a mess.

    I am sure Manji is pushing some officials to allow him to carry on the plans. but it id ever occur that the officials are not ready to do their jobs unless they are paid EXTRA !

    Mzee Pinda might have done right thing terminating , tho the reasons are not that specific.

    But my point is , that government should be smart over this , rather thn shutting down a feasible project(if it is ) . Let me do what he says. If he does a small breech in contract thn punish him.

    We are now in state of a mind that all the big bucks plans are ufisadi ! when will we develop like this.

    Rather accusing ...find out or let them do what they want and make sure officials do their job rather accusing the initiater , that way no one really benefits.

    I know many ppl wont b happy with my comments but this project would have brought jobs,revenue and something that we Tanzanian can be proud if it.

    Cheers.

    God bless Tanzania
     
  8. m

    mageuzi1992 JF-Expert Member

    #8
    Feb 22, 2011
    Joined: Apr 9, 2010
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    Mara yanga mara kesi ndo maana yanga inayumba!
     
  9. Somoche

    Somoche JF-Expert Member

    #9
    Feb 22, 2011
    Joined: Oct 6, 2010
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    Wahindi ndio majizi wakubwa wamefanya hii nchi kama jalala lao, siku zenu zinakuja mtatafuta pa kukimbilia msipaone
     
  10. Makindi N

    Makindi N JF-Expert Member

    #10
    Feb 22, 2011
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    UShaambiwa it's one of the few remained public beaches...... Ushaona kabisa hiyo project under Manji, it has a high cost implications for the poor.... Manji akiichukua mwanao, wanetu... unataka wasome katika vitabu kwamba hii ndio beach.... ilhali wanasoma hapo Oysterbay xul au Mbuyuni? Wazo zuri sana mm naona kwa Manji kunyimwa..... The place is accessible kwanza aende apewe maeneo ya mbali huko......
     
  11. RealMan

    RealMan JF-Expert Member

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    Feb 22, 2011
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    Show me one notable project undertaken by Manji which we (Tanzanians) are proud of.
    Tunajivunia Manji kuwauzia PSPF jengo (Quality Plaza) huku akishikilia umiliki wa ardhi???
    Unajivunia Manji kununua majengo ya NSSF Ubungo kisha kuwauzia hao hao NSSF magodown in the name of Millenium Park????
    Unajivunia Manji kupaka rangi jengo la Yanga lakini hawezi kuwajengea uwanja wa Kaunda ili Timu iwe na mapato yake????

    Nipe mfano mmoja wa kujivunia nami nitakuwa wa kwanza kuandamana in favour of Manji as far as this case is concerned.
     
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