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TANZANIA creates new squad to repossess ill-gotten wealth as per President J. Kikwete

Discussion in 'Jukwaa la Siasa' started by nngu007, Aug 21, 2011.

  1. nngu007

    nngu007 JF-Expert Member

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    Aug 21, 2011
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    President Kikwete has stepped up his fight against corruption through the creation of a unit to recover properties obtained fraudulently.

    Tanzania is planning to repossess assets obtained through criminal means starting this month, after the law establishing the Assets Recovery and Forfeiture Unit came into force on July 1.

    The legislation governs the freezing, forfeiture and restitution of the assets of local and foreign businessmen and politically exposed persons (PEPs) in cases where a request for mutual assistance cannot succeed in the requesting state due to the failure of its judicial system.

    The EastAfrican has learnt that President
    Jakaya Kikwete has authorised the creation of a department for the recovery and return of properties obtained through criminal acts, after conviction of the culprits in a court of law.
    We have also been informed that the office of the Director of Criminal Investigation (DCI) is investigating a case involving a huge amount of money that a
    Tanzania citizen has stashed in a commercial bank in the country.
    Kisutu Magistrate Court's has frozen the account pending its forfeiture to the recovery unit.

    When contacted, DCI Robert Manumba declined to comment and referred the issue to the office of the Attorney General for further details.

    Deputy Attorney General George Masaju told The EastAfrican from Dodoma last week that the Assets Recovery and Forfeiture Unit is part of the Prosecutions Division.

    Mr Masaju said the government was working on building the capacity of its officers in many areas including prosecution of cases involving corruption and fraud, cyber crimes and others.

    "In this office, for example, there has been an increase in cases handled in recent years because of changes in the social, economic and political sphere, and growth in technological crime, especially transnational crime," he said.

    According to Mr Masaju, the unit will tackle money laundering trafficking of illicit drugs, human trafficking, terrorism, piracy, corruption, cyber crimes, terrorist financing and others.

    "Even though the Crimes Proceeds Act 1991 has been in existence for a long time, no such unit existed before. Hence in June, President Kikwete gave the go-ahead to create the unit," said Mr Masaju.

    The government said the unit will work to recover all properties obtained through various crimes. The crimes in question have been dealt with in the past by imposing fines, imprisonment and other penalties.

    In view of that, people convicted of drug trafficking or corruption often get to enjoy their ill-gotten wealth after serving jail terms or paying fines, Mr Masaju said it was necessary that other deterrents like forfeiture be put in place.

    "The new unit will improve specialisation in the AG's office, which has been tackling recovery of assets in a sporadic manner. These will be people who eat, sleep and think recovery and forfeiture," Mr Masaju said.

    A
    Dar es Salaam advocate Michael Ngalo said a similar law enacted in South Africa was helping that country recover a lot of property obtained through illegal means. According to Mr Ngalo, the state does not need to have a watertight case to take a suspect to court for corruptly obtaining property or assets.

    "But it is up to those suspected to prove that whatever they own was obtained legally by providing impeccable evidence to prevent such possessions being forfeited to the state," he said.

    Even though the Proceeds of Crime Act 1991 was assented to the following year by president Ali Hassan Mwinyi, it is only under the current government that the law is being taken seriously.
    A senior government official told The EastAfrican that all suspects in the

    External Account Payment Arrears (EPA) scandal who obtained money fraudulently from the Bank of
    Tanzania, have had their known properties attached until they are cleared of the cases facing them.

    In the financial year 2009/2010, the government froze more than $60 million related to the EPA scandal, money later injected into that year's financial budget.

    During the late Mwalimu
    Julius Nyerere
    's presidency, with the late Edward Moringe Sokoine as prime minister, the government of the day embarked on a crusade against "Hujumu Uchumi" (economic sabotage) during many businesses were caught in the mix as the state went about repossessing property suspected to have been illegally acquired.

    The relevant provisions in the Crimes Proceeds Act 1991 state that: "All the property of that person at any time (i) between the day the offence or the earliest offence, was committed and the day on which the application is made; or (ii) within a period of five years immediately before the day on which the application is made; shall, whichever is the shorter be deemed, unless the contrary is proved, to be property that came into the possession or under the control of the person by reason of the commission of the specified offence or offences."

    It further states: "Where the Attorney-General requests to amend an application for a forfeiture order and the amendment has or would have the effect of including additional property in the application for the forfeiture order, then;
    (a) the Attorney-General shall give written notice of the request to amend to any person who he has reason to believe may have an interest in the property to be included in the application for the forfeiture order;
    and (b) any person who claims an interest in the property to be included in the application for the forfeiture order may appear and adduce evidence at the hearing of the request to amend."
    By J. MWAMUNYANGE,
    The East African
     
  2. Sijali

    Sijali JF-Expert Member

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    Aug 22, 2011
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    They should convict them first!
     
  3. Bongolander

    Bongolander JF-Expert Member

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    Aug 22, 2011
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    Redundunt.....kama sheria zetu zikifuatwa vizuri na taratibu zetu zikifutwa vizuri kuna mechanism ya kushughulikia mali za wizi. Hii haina maana yoyote ya kimsingi katika mapambano dhidi ya ufusadi na ubabaishaji serikalini.
     
  4. Nyambala

    Nyambala JF-Expert Member

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    Aug 22, 2011
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    Exactly mkuu, madaraka tu aliyonayo raisi kama ni mtu aliye siriaz hakuna mtua anaweza kuthubutu kuiba mali ya umma!!!!!!
     
  5. UmkhontoweSizwe

    UmkhontoweSizwe JF-Expert Member

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    Aug 22, 2011
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    Tatizo letu siyokukosa sheria au vyombo vya kushughulikia hujuma kama hizo, tatizo ni kwamba hatuna serikali yenye meno (aka gutz) ya kusimamia sheria. Kwa serikali hii ya ccm huo ni usanii tu. Rais mwenywe na serikali yake ni mafisadi, watapata wapi ubavu wa kujishughulikia? Ulongo mtupu huo.
     
  6. n

    niweze JF-Expert Member

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    Aug 22, 2011
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    We don't need vitengo vya kihuni ili wapate sehemu ya kula na kudanganya the outside world. The problem ni kikwete mwenyewe na familia yake. Hosea anafanya nini? Usalama wa taifa unafanya nini? AG anafanya nini? Kazi ya kikwete ni wizi na kuzuia the facts kwenye media. Aliempa kikwete mamlaka haya Tanzania ni nani? Hakuna sheria inayofanya kazi wala katiba, how can kikwete claim anamamlaka ya kila aina? Yes this do is dead man walking ....

    cdm twendeni kwa wananchi na katiba yetu mpya na tupigie kura kila mkoa kwenye mikutano yetu. Tutaona nani anakubaliana na hii katiba ya ccm. At end katiba yetu ndio sheria na justice ya wananchi period.
     
  7. G

    Game Theory JF-Expert Member

    #7
    Aug 22, 2011
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    haya mambo ya kunyanganyana mali si tulishafanya enzi za HUJUMU UCHUMI au?

    sasa leo hii tuna rule of law na kunyanganya watu mali zao inabidi wawe convicted na all legal avenue ziwe exhausted otherwise itakuwa yale yale ya kuwanyanganya watu mali zao kisha wanakata rufaa kisha ikikubalika then serikali inabidi ilipe fidia na gharama zinginezo


    Kwanza waanze na kumnyanganya Lowasa na Malecela yale mashamba waliopewa wasiyo endeleza kisha tutajua kama wako serious

    ahhh hiyo nayo haitoshi

    naona bora watuletee umeme ndio nitawaona wako serious
     
  8. nngu007

    nngu007 JF-Expert Member

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    Aug 22, 2011
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    Wow, all those strategies were already in place as a low; but after AZIMIO LA ARUSHA we did get ride of all

    I remembere there is a speach of Mwalimu Nyerere talking about the issue, that it was wrong if they want to enforce it they have to create a New Law
     
  9. King'asti

    King'asti JF-Expert Member

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    talking of wealth obtained 5 yrs back? another loophole! and even though the act requires that the accussed has the budden of proof, still utaambiwa there is no evidence,or reason good enough to convist them. if there is a place with no justice,that place is called the courtroom! that agency is another financial burden to the govt!
     
  10. The Boss

    The Boss JF-Expert Member

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    utasema bado tunaishi enzi za zidumu fikra za mwenyekiti.....
    upumbavu mtupu....
     
  11. EMT

    EMT JF-Expert Member

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    Many countries have recently been forced by America to create Assets Recovery and Forfeiture agencies to confiscate assets which allegedly used for terrorism.
     
  12. nngu007

    nngu007 JF-Expert Member

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    Ina Maana Rostam asipurudi; Dr. JK atazichukua Mali zake zote??
     
  13. EMT

    EMT JF-Expert Member

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    Hii sheria inaraise maswali mengi kuliko majibu. Hivi ita apply pia kwa wale wanaokuja nchini kwa gia ya kuwekeza kumbe wanakuja kuiba resources zetu? Si waitumie chap chap kwenye ufisadi wa UDA?
     
  14. P

    Pascal Mayalla JF-Expert Member

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    wanabodi wenzangu, msishangilie sana kuhusu sheria hii, inahusu wale tuu walioshitakiwa na mahakama kuwakuta na hatia. RACHEL hawana kosa lolote, hawajashitakiwa kwa lolote ndio maana hata kale kawimbo cha kuvuana magamba ni hadithi tuu ya kuku na mwewe, hakuna lolote wala chochote.
     
  15. W

    WATANABE JF-Expert Member

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    That unit should start with repossessing Msoga mansion which has been built by public resources, the number of vehicles and publc personnel involved in a Jk's single visit to Msoga all paid up from the govt coffers states it all.
     
  16. Ruge Opinion

    Ruge Opinion JF-Expert Member

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    Waandishi wengine bwana!!!! Huyu Mwamunyange anaweza kutueleza katika bajeti za 2009/2010 na 2010/2011 ni wapi kuna kifungu kinaonyesha fedha kutokana na EPA? Tulielezwa kwamba kuna watuhumiwa ambao wamerudisha fedha walizokwapua na siyo kunyng'anywa. Hata hivyo hizo pesa hazikuwahi kuonyeshwa katika bajeti. Inawezekana zilikuwa ni porojo tu za kutuliza munkali wa wananchi. Lakini siyo ajabu jina lenyewe linajieleza.
     
  17. khayanda

    khayanda JF-Expert Member

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    Hizi siasa za visasi sasa zinaanza maana hata ndani ya CCM siyo salama ni PIGA ni KUPIGE hivyo nina mashaka na hii sheria huenda imelenga makundi fulani ya kuonyeshea mfano tu kutudanganya wadanganyika siye.
    Siku hizi hata majengo ya CCM zimekuwa Hotel, viwanja vya Magereza yamekuwa mahoteli makubwa yauwekezaji, kama wako siriazi tuone hivi vyote vinarudishwa mapema na watu wanawekwa kati ndipo tutaamini, yangu macho na masikio.
    hatuja sahau maumivu yoyote mlisyotusababishia serikali ya CCM kama kukosa umeme, kuharibika treni na kuua ndugu zetu wengi tu kule dodoma, kupotea kwa mafuta na mengine mengi
    Huyo jamaa hajaanzisha kipya, labda anataka kutuonyesha staili mpya ya kutabasamu na wezi, hilo tu ndiyo anaweza.
    Nchi imeuzwa yote, ila jamaa hawataki kutupatia mgao wetu kila mmoja afe na chake, au hela wameuishakula yote, maana wengine zipo mabenki ya Afrika kusini
    Ghadafi kumekucha na yeye ndiye aliyekuwa ngangali Afrika nzima, hawa wengine watakimbia wenyewe. Mungu ibariki nchi hii isiendelee kuibiwa kihivyo, watoto wetu na wajukuu watateseka zaidi
     
  18. damtu2

    damtu2 Member

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    Aug 22, 2011
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    way to go...
     
  19. A

    Alpha JF-Expert Member

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    Laws are useless if they are not implemented
     
  20. Mpaka Kieleweke

    Mpaka Kieleweke JF-Expert Member

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    Haya bana kumbuka shuka na neti wakati mbu wameshiba .....
     
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