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Power of Attorney: Rostam Aziz the bigger winner in Dowans settlement

Discussion in 'Jukwaa la Siasa' started by Geza Ulole, Jan 30, 2011.

  1. G

    Geza Ulole JF-Expert Member

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    Ruling party MP wins big in Dowans settlement
    [​IMG]
    The directors granted power of attorney in favour of Mr Aziz
    By Joint Report (email the author)
    Your Email Message Send Cancel


    Posted Monday, January 31 2011 at 18:31

    Powerful businessman and ruling party MP for Igunga in Tabora, Rostam Aziz, is to be a beneficiary in the Dowans Tanzania award.
    According to the proceedings from the International Court of Arbitration of the International Chamber of Commerce also known as the International Commercial Court (ICC), which recently awarded Dowans Holdings S.A. and Dowans Tanzania $65 million as compensation for breach of contract by the Tanzania Electric Supply Company (Tanesco), Mr Aziz was appointed Dowans' attorney-in-fact as far back as 2005 "to manage the company's affairs outside the Republic of Costa Rica."
    According to the resolutions of the Dowans Holdings board of directors, two directors of the company, Bernal Zamora Arce and Noemy del Carmen Cespedes Palma, granted in the name and on behalf of the company, a power of attorney in favour of Mr Aziz.
    Powers granted to Mr Aziz include: "To transact, manage, carry on and do all and every business matters and things requisite and necessary or in any manner connected with or having reference to the business and affairs of the company and, for such purposes, to conduct all correspondences appertaining to such businesses and affairs."
    The directors further granted Mr Aziz the power "to open and to close bank accounts... and to draw cheques on our accounts... and to sign all kinds of documents in connection with our accounts or money," read part of the resolutions signed by the firm's secretary, Mrs Palma.
    It goes further to give Mr Aziz, the immediate former CCM treasurer and shareholder in the short lived RVR Rail Consortium that brought together Kenya and Uganda railways, the power to "pay, settle, deduct and allow all taxes, rates, charges, deductions, expenses and all other payments and outgoings whatsoever due and payable or to become due and payable for or on account of any property, whether movable or immovable and whether in possession or in action, now or hereafter belonging to us or to which we may become entitled."
    Mr Aziz has consistently denied having any links to the Richmond company that was involved in the scandal that saw former prime minister Edward Lowassa resign his post (see Box). Dowans is the successor company to Richmond.
    According to documents tabled in the arbitration proceedings, which The EastAfrican has seen, one Mr Gire, a cofounder of Richmond (REDVCO) who faces a court case in Tanzania over the same issue, is said to have told the ICC that the owner of the company is Mr Aziz.
    The ICC was told Mr Aziz was such a "powerful and influential" individual that some laws were amended in his favour. The Richmond scandal was the subject of a Parliamentary probe that led to the resignation of the Mr Lowassa.
    According to the report of the proceedings, the ICC accepted the finding that Mr Aziz was so "powerful and influential" as to have diverted the contract to the claimant, Dowans, outside the Public Procurement Act.
    The contract went to favour "his friends and himself through the claimant and to have influenced the MEM (Ministry of Energy and Minerals) to force Tanesco's Mr Hans Lottering to sign the POA (agreement for emergence power supply)."
    Mr Lottering testified before the ICC that he was told that "something would happen" to him if he did not sign the POA. He was formerly Tanesco's general manager-transmission under Net Group Solutions of South Africa.
    The evidence presented before the Tribunal shows the involvement of Mr Aziz in getting the whole procurement out of the PPA and diverting the lucrative contract to a "business of him and his business friend" derived from the testimony of Henry Surtee.
    The Tribunal accepted the testimony of Mr Lottering that, "even using the international tendering (open tender method) which is the most inefficient and the longest method, if not interfered with, Tanesco would have procured the POA more efficiently and within a much shorter period than the period of 18 months that the Ministry of Energy and Minerals took to procure POA through the committee formed outside the law."
    Last week, Minister for Energy and Minerals William Ngeleja named the owners of Dowans Tanzania as Dowans Holdings S.A and Portek Systems and Equipment PTE Ltd.
    He named the directors of Dowans Tanzania as Tice (Canadian), Gopalakrishnan Balachandran (Indian) and Hon Sung Woo (Singapore). Others are Guy Arthur Picard (Canadian), Suleiman Mohammed Yahya Al Adawi (Oman) and Stanley Munai from Kenya.
    Under the country's Company Ordinance Act, there is no restriction on owners' citizenship or country of origin of a company.
    A firm can be registered in Tanzania even if its owners are 100 per cent foreigners.
    "The nature of owners is not a concern when opening a company in the country; it could be owned 100 per cent by foreign individual(s) or corporate firm(s)," Business Registration and Licensing Agency chief executive officer Esteriano Mahingila said.
    The CEO also confirmed that the Dowans files contained the same list of directors as mentioned by the minister of energy and minerals.
    "These files are public documents, whoever wants to peruse or even photographing them are allowed," Mr Mahingila told The East African, "the file is here."
    The government was yet to decide whether to pay the $65.8milion (about Tshs 94 billion) to the owners of Dowans Holdings SA and Dowans Tanzania.
    It is noted in the award ruling presented for registration at the high court that the practice regarding arbitrations is that an award has to be registered with the High Court for it to be a decree as if one issued by the High Court.
    However, if a party isn't satisfied with an award, "there are two routes available either to apply to the Tanzanian court to remit the award to the arbitrators for reconsideration of certain issues or to apply to the high court to set aside the Award.
    "To apply to set aside an award, it must be that the Award was improperly obtained or that the arbitrators misconducted themselves," reads part of the ruling by the ICC.
    The East African: *- News*|Ruling party MP wins big in Dowans settlement

    MY TAKE:
    Is this face anything we don't know about major graft in Tanzania? Ohoo pls watu wa pasu kwa pasu wake up!! lets unite against polarization and fight this shit out for the betterment of our kids!
     
  2. Mzee Mwanakijiji

    Mzee Mwanakijiji Platinum Member

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    Ndio maana mapendekezo yetu kwenye ile jambo jingine yako wazi kabisa kuhusu Rostam Aziz.
     
  3. U

    Uwezo Tunao JF-Expert Member

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    Huyo ndiye kupe Rais Rostam Azizi, kupe wa kunyonya Watanzania wasiokitu mifuko. Sasa hivi hadi wale waliokuwa wakijidai CCM damu; aibu yenyewe ndio hiyo mezani.
     
  4. Mzalendo80

    Mzalendo80 JF-Expert Member

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    :sick:Waache wamlipe wakione cha Bin Ali na Mubarak kama fisadi Kikwete hajakimbilia Saudi Arabia kama wenzake:sick:
     
  5. VUVUZELA

    VUVUZELA JF-Expert Member

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    :A S thumbs_down:
     
  6. s

    simanjiro Member

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    damn!.... sasa alikuwa anakataa nini hapo mwanzoni huyu mzushi?
     
  7. s

    simanjiro Member

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  8. Ukwaju

    Ukwaju JF Bronze Member

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    :laugh: Du hii kali barua ya kesho inapatikana leo! mwambieni aangali Tunis, Tunisia na Cairo, Alexandria huko Misri.
    Kama wana ubabe walipe wataona
     
  9. Mzee Mwanakijiji

    Mzee Mwanakijiji Platinum Member

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  10. Ole

    Ole JF-Expert Member

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    Aliyetufikisha hapo ni Jakaya Kikwete na EL ambao ni walafi kupindukia kama CCM bado wana nyege na Jakaya Kikwete wamchukue wakanywe nae chai. Dr. Slaa hakukosea aliposema Dowans ni mali ya Jakaya Kikwete huyu burushi ni chambo tu.
     
  11. mwanatanu

    mwanatanu JF-Expert Member

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    Nasahngazwa na kigugumizi cha CCM,serikali,wabunge mpaka magazeti kutaja Rostam kuwa ndie mhusika.....Huyu Rostam ambaye mara nyingi katika post zangu namlinganisha na Pablo Escobar kwa kuwa na nguvu ya kuweza kuiiendesha serikali yetu.

    Viongozi wote wanajua lakini swali ni kwa nini wana mlinda hivi? au ni ....


     
  12. Indume Yene

    Indume Yene JF-Expert Member

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    Hakuna anayelipwa, wana-test zali tu waone kama watanzania bado ni BONGOLALA, JK na genge lake wamegundua kuwa wenyewe ndiyo BONGOLALA.
    Read my lips, HAKUNA MALIPO period.
     
  13. F

    Fareed JF-Expert Member

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    Rostam Aziz amenunua wamiliki wote wa vyombo vya habari Tanzania, pamoja na wahariri wake na waandishi wote wa habari ndiyo maana wameshindwa kuitoa habari hii mpaka ikatolewa na gazeti hili la Kenya la "The East African." Pongezi kubwa kwa gazeti hili.

    Kwa mujibu wa habari hii, Rostam Aziz alipewa nguvu za kisheria kuwa mwakilishi wa Dowans nchini Tanzania tangu mwaka 2005. Nguvu hii ya kisheria imemfanya Rostam aweze kuwa na mamlaka kama mmiliki wa Dowans. Hii ina maana kuwa TANESCO ilipolazimishwa kuingia mkataba na Richmond mwaka 2006, Rostam tayari alikuwa na Dowans, ambayo baadaye ilikabidhiwa mkataba wa Richmond.

    Mwezi Mei 2009, Rostam aliudanganya umma wa Tanzania wakati akijibu tuhuma za kuwa fisadi papa zilizotolewa dhidi yake na Reginald Mengi alipodai hahusiki na Dowans.

    Huyu Rostam ni rafiki wa karibu wa Rais Kikwete na Waziri Mkuu aliyejiuzulu kwa kashfa ya Richmond Edward Lowassa. Pia ni Mbunge wa CCM, mjumbe wa NEC wa CCM na mjumbe wa Kamati Kuu wa CCM. Ndiyo maana Kamati Kuu ikasema lazima serikali iwalipe Dowans.

    Dk. Willibrod Slaa alikuwa sahihi kabisa. Kikwete anaimiliki Dowans pamoja na swahiba waken Rostam.




     
  14. M

    MantaLine Member

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    Haya sasa, East African wameweka mamba wazi na kutaja jina la mmiliki wa Downs

    Ruling party MP wins big in Dowans settlement


    The directors granted power of attorney in favour of Mr Aziz
    By Joint Report (email the author)

    Posted Monday, January 31 2011 at 00:00

    Powerful businessman and ruling party MP for Igunga in Tabora, Rostam Aziz, is to be a beneficiary in the Dowans Tanzania award.

    According to the proceedings from the International Court of Arbitration of the International Chamber of Commerce also known as the International Commercial Court (ICC), which recently awarded Dowans Holdings S.A. and Dowans Tanzania $65 million as compensation for breach of contract by the Tanzania Electric Supply Company (Tanesco), Mr Aziz was appointed Dowans’ attorney-in-fact as far back as 2005 “to manage the company’s affairs outside the Republic of Costa Rica.”

    According to the resolutions of the Dowans Holdings board of directors, two directors of the company, Bernal Zamora Arce and Noemy del Carmen Cespedes Palma, granted in the name and on behalf of the company, a power of attorney in favour of Mr Aziz.

    Powers granted to Mr Aziz include: “To transact, manage, carry on and do all and every business matters and things requisite and necessary or in any manner connected with or having reference to the business and affairs of the company and, for such purposes, to conduct all correspondences appertaining to such businesses and affairs.”

    The directors further granted Mr Aziz the power “to open and to close bank accounts... and to draw cheques on our accounts... and to sign all kinds of documents in connection with our accounts or money,” read part of the resolutions signed by the firm’s secretary, Mrs Palma.

    It goes further to give Mr Aziz, the immediate former CCM treasurer and shareholder in the short lived RVR Rail Consortium that brought together Kenya and Uganda railways, the power to “pay, settle, deduct and allow all taxes, rates, charges, deductions, expenses and all other payments and outgoings whatsoever due and payable or to become due and payable for or on account of any property, whether movable or immovable and whether in possession or in action, now or hereafter belonging to us or to which we may become entitled

    Mr Aziz has consistently denied having any links to the Richmond company that was involved in the scandal that saw former prime minister Edward Lowassa resign his post (see Box). Dowans is the successor company to Richmond.

    According to documents tabled in the arbitration proceedings, which The EastAfrican has seen, one Mr Gire, a cofounder of Richmond (REDVCO) who faces a court case in Tanzania over the same issue, is said to have told the ICC that the owner of the company is Mr Aziz.

    The ICC was told Mr Aziz was such a “powerful and influential” individual that some laws were amended in his favour. The Richmond scandal was the subject of a Parliamentary probe that led to the resignation of the Mr Lowassa.

    According to the report of the proceedings, the ICC accepted the finding that Mr Aziz was so “powerful and influential” as to have diverted the contract to the claimant, Dowans, outside the Public Procurement Act.

    The contract went to favour “his friends and himself through the claimant and to have influenced the MEM (Ministry of Energy and Minerals) to force Tanesco’s Mr Hans Lottering to sign the POA (agreement for emergence power supply)

    Mr Lottering testified before the ICC that he was told that “something would happen” to him if he did not sign the POA. He was formerly Tanesco’s general manager-transmission under Net Group Solutions of South Africa.

    The evidence presented before the Tribunal shows the involvement of Mr Aziz in getting the whole procurement out of the PPA and diverting the lucrative contract to a “business of him and his business friend” derived from the testimony of Henry Surtee.

    The Tribunal accepted the testimony of Mr Lottering that, “even using the international tendering (open tender method) which is the most inefficient and the longest method, if not interfered with, Tanesco would have procured the POA more efficiently and within a much shorter period than the period of 18 months that the Ministry of Energy and Minerals took to procure POA through the committee formed outside the law.”

    Last week, Minister for Energy and Minerals William Ngeleja named the owners of Dowans Tanzania as Dowans Holdings S.A and Portek Systems and Equipment PTE Ltd.

    He named the directors of Dowans Tanzania as Tice (Canadian), Gopalakrishnan Balachandran (Indian) and Hon Sung Woo (Singapore). Others are Guy Arthur Picard (Canadian), Suleiman Mohammed Yahya Al Adawi (Oman) and Stanley Munai from Kenya.

    Under the country’s Company Ordinance Act, there is no restriction on owners’ citizenship or country of origin of a company.

    A firm can be registered in Tanzania even if its owners are 100 per cent foreigners.
    “The nature of owners is not a concern when opening a company in the country; it could be owned 100 per cent by foreign individual(s) or corporate firm(s),” Business Registration and Licensing Agency chief executive officer Esteriano Mahingila said.

    The CEO also confirmed that the Dowans files contained the same list of directors as mentioned by the minister of energy and minerals.

    “These files are public documents, whoever wants to peruse or even photographing them are allowed,” Mr Mahingila told The East African, “the file is here.”

    The government was yet to decide whether to pay the $65.8milion (about Tshs 94 billion) to the owners of Dowans Holdings SA and Dowans Tanzania.

    It is noted in the award ruling presented for registration at the high court that the practice regarding arbitrations is that an award has to be registered with the High Court for it to be a decree as if one issued by the High Court.

    However, if a party isn’t satisfied with an award, “there are two routes available either to apply to the Tanzanian court to remit the award to the arbitrators for reconsideration of certain issues or to apply to the high court to set aside the Award.

    “To apply to set aside an award, it must be that the Award was improperly obtained or that the arbitrators misconducted themselves,” reads part of the ruling by the ICC.
     
  15. Mzee Mwanakijiji

    Mzee Mwanakijiji Platinum Member

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    Fareed, nimependa hukumung'unya maneno.
     
  16. MAMMAMIA

    MAMMAMIA JF-Expert Member

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    AIBU KWA ROSTAM, AIBU KWA MKWERE, AIBU KWA CCM. IABU KWA WOTE HAWA KWA SABABU HAWAONI AIBU KUWANYONGA WATANZANIA BILA HURUMA, LAKINI PIA AIBU KWA WATANZANIA KUWA NA WATU KAMA HAWA. Dawa yao iko chunguni.
    Ah! Tusubiri baadae kidogo tu Mkanushi Mkuu wa Serikali na Makamba wayakanushe haya.
     
  17. K

    Kide Member

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    MM
    Leo nilibahatika kuongea na kada wa ccm na akaning'ata sikio kama ifuatavyo...'inavyosemekana watu washapewa pesa zao na hili la dowans ni lazima lihalalishwe ili kufidia hayo malipo'!kumbe ni geresha tu wanatuletea hawa mafisadi...
     
  18. Madela Wa- Madilu

    Madela Wa- Madilu JF-Expert Member

    #18
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    Hii statement inawafanya Viongozi wa CCM na CC yao waonekane BOGUS RATES. Inawezekana vipi katika taifa lililo huru kwa miaka 50 kubadili sheria ili kumfadhiri mkimbizi wa kiuchumi kutoka Iran, Rosatam Aziz.
    Inawezekana vipi MH Lowassa kuachia ngazi kama panya mnyonge ili kumpa ahueni Rostam Aziz??

    Hivi Tanzania ni nchi huru kiasi cha kunajisiwa na mkimbizi huyu Rostam Aziz??

    CCM and their PUPPET Rostam Azizi MUST GO.

    POWER & THE PEOPLE


    "The ICC was told Mr Aziz was such a "powerful and influential" individual that some laws were amended in his favour. The Richmond scandal was the subject of a Parliamentary probe that led to the resignation of the Mr Lowassa."
     
  19. Mzee Mwanakijiji

    Mzee Mwanakijiji Platinum Member

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    Inashangaza (japo ukimsoma Fareed haishangazi sana) kwanini waandishi wa habari wanashindwa kumuuliza RA kuhusu hiyo Power of Attorney!
     
  20. Madela Wa- Madilu

    Madela Wa- Madilu JF-Expert Member

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    RA kawapanga foleni Viongozi wote wa JUU wa CCM na serikali yake pia Wastaafu, anawapiga FITO kwa ulaini na kila mmoja anasubiri zamu yake ya kupigwa FITO ifike kwa HAMU kuu.

    Kelele zetu juu ya DOWANS ni udhia kwao kwani zitawanyima nafasi ya FARAGHA na MUME wao ROSTAM AZIZ.
    Dawa ni kuwaondoa wao na Bwana wao wakanywe naye chai Ughaibuni.
     
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