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Uamuzi wa kufufua IPTL uongozi wa Tanzania unafahamu haya?

Discussion in 'Jukwaa la Siasa' started by Zogwale, Oct 30, 2009.

  1. Zogwale

    Zogwale JF-Expert Member

    #1
    Oct 30, 2009
    Joined: Jul 10, 2008
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    Wakuu katika pitapita yangu nimekutana na hili andiko kuhusu hali ya IPTL kisheria na mipango ya Tanzania kuifufua mitambo hiyo. Mwenye updates zaidi ya kinachoendelea zaidi ya kushusha mafuta ya kuendeshea atujuze hapa.

    Kama ni kweli hali ndiyo hiyo, nafikiri washauri wa mambo wangetizma kwanza hali ya IPTL kisheria kabla ya maamuzi makubwa. Pata uhondo hapa.

    N.B Nimetizama kwa haraka sijaona post ya namna hii ila kamaipo kumradhi na isiwe Breaking news!
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    Creditor opposes the move to activate IPTL- Did the President aware of the status of the plant before?)

    By Bernard James

    A major creditor of Independent Power Tanzania Limited (IPTL) yesterday opposed in court the decision to activate the IPTL plant in Dar es Salaam to ease the nationwide power crisis.

    Standard Chartered Bank (Hong Kong) lawyers told the High Court that the decision by IPTL?s provisional liquidator to allow the plant to start operating again was contrary to a court order that placed the company under receivership.

    The bank felt that the willingness of the provisional liquidator, Mr Theophil Rugonzibwa of the Registration Insolvency and Trusteeship Agency (Rita), to allow the plant to operate had serious repercussions on other interested parties, and asked the court to halt the move.

    The objection was raised a few days after President Jakaya Kikwete directed that the IPTL plant, which had been idle for several years, be activated to ease the crippling power shortage that began earlier this month.

    The directive was issued to the ministries of Energy and Minerals, Justice and Constitutional Affairs and Finance and Economic Affairs.

    The Justice and Constitutional Affairs ministry was tasked with taking care of the legal side of the directive and its implementation.

    IPTL?s minority shareholder, VIP, last December filed an application at the High Court seeking the winding up of the company over a fraud claim against the majority shareholder, Mechmar Corporation of Malaysia, which owns a 70 per cent stake.

    In the same month, Madam Justice Katherine Oriyo appointed a provisional liquidator, pending determination of the matter.

    She ordered the liquidator to protect the company against further deterioration, and put all the affairs and assets of IPTL under the management of the liquidator, who was directed to conduct independent investigations and present a report to the court.

    The two shareholders have been engaged in talks to settle their dispute out of court for some months, but no significant progress has been made.

    But yesterday, a lawyer for the bank, Mr Charles Morris, appeared stunned by the liquidator?s intention to allow the plant to operate, and sought the court?s intervention, saying the move was contrary to an earlier order that the status quo and company?s assets be preserved.

    Mr Morris told Mr Justice Semistocles Kaijage that it would be unfair for the liquidator to allow such a move.

    Earlier, Mr Rugonzibwa informed the court that they had not reached any agreement on an out-of-court settlement, and sought the adjournment of the matter for another eight weeks to allow further negotiations.
    But Standard Chartered Bank queried the liquidator?s interpretation of the court order that the plant be preserved and protected and the status quo maintained.

    We have no objection to further adjournment provide that we get an assurance from the provisional liquidator that he is going to operate within the confines of the liquidation order, and not otherwise. Our concern is that it appears that liquidator is not doing what he is supposed to do,? Mr Morris argued.

    After a protracted legal exchange, Mr Rugonzibwa promised: ?I?m going to operate as per the court order.?

    However, the bank was still not satisfied, arguing that he (the liquidator) intended to operate the plant, and asked the court to order him to withdraw the statement and confine himself to the earlier order.

    Mr Justice Kaijage later granted the adjournment sought, and ordered the parties to appear in court on December 19.

    The judge also directed the liquidator to keep the court informed on any resolutions arrived at by the parties.

    The partnership between the two IPTL shareholders ran into serious problems in February 2002, only a month after IPTL commenced operations.

    The local partner, VIP, accused the majority shareholder, Mechmar, of sidelining it in the running of the company.

    It complained that Mechmar had refused to involve the director it had nominated in corporate decisions, and accused the Malaysian firm of inflating various costs. The IPTL management denies the accusations.

    As the dispute raged, IPTL's debt, which was non-performing, was first purchased by Donaharta, a Malaysian entity that bought up many non-perfoming loans after the Asian financial crisis, which then resold it to Standard Chartered Bank (Hong Kong) for $74 million (Sh98 billion at current exchange rates) in November 2005.

    VIP has subsequently contested the debt transfer on the grounds that the loans were at the centre of an unresolved dispute.

    Efforts to reach Constitutional Affairs and Justice minister Mathias Chikawe for comment failed yesterday.

     
  2. FairPlayer

    FairPlayer JF-Expert Member

    #2
    Oct 30, 2009
    Joined: Feb 27, 2006
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    Tanzania zaidi ya uijuavyo... Hvi Presidaa hana washauri???????????!
     
  3. m

    mukani New Member

    #3
    Oct 30, 2009
    Joined: Sep 11, 2009
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    wakati mwingine unashindwa hata kuelewa unatakiwa kufanya nii maana nchi haina "Direction" yaani ni kama tutaenda upande ule ambao upepo unatupeleka!! ni mbaya sana!! na sina uhakika sana kama viongozi wetu wa kisiasa wanahitaji mabadiliko ya kikweli katika nchi hii!!!
     
  4. FairPlayer

    FairPlayer JF-Expert Member

    #4
    Oct 30, 2009
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    Kwakweli saa nyingine nashindwa hata ku comment..unabakia na @%&&^* moyoni.
     
  5. r

    ramson34 Senior Member

    #5
    Oct 30, 2009
    Joined: Oct 29, 2009
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    jamani mara nyingine ukitaka kuifutilia sana hii nchi unaweza ukajifungia chumbani kwako ukaanza kulia au hata ukaishia kujinyonga..nchi kwasasa ina resources tuko masikini hivi je kukiwa hakuna resources kabisa si tutakulana wenyewe?
     
  6. BAK

    BAK JF-Expert Member

    #6
    Oct 30, 2009
    Joined: Feb 11, 2007
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    2009-10-30

    Creditor opposes move to activate IPTL plant


    [​IMG]

    Justice and Constitutional Affairs Minister Mathias Chikawe

    By Bernard James

    THE CITIZEN

    A major creditor of Independent Power Tanzania Limited (IPTL) yesterday opposed in court the decision to activate the IPTL plant in Dar es Salaam to ease the nationwide power crisis.

    Standard Chartered Bank (Hong Kong) lawyers told the High Court that the decision by IPTL's provisional liquidator to allow the plant to start operating again was contrary to a court order that placed the company under receivership.

    The bank felt that the willingness of the provisional liquidator, Mr Theophil Rugonzibwa of the Registration, Insolvency and Trusteeship Agency (Rita), to allow the plant to operate had serious repercussions on other interested parties, and asked the court to halt the move.

    The objection was raised a few days after President Jakaya Kikwete directed that the IPTL plant, which had been idle for several years, be activated to ease the crippling power shortage that began earlier this month.

    The directive was issued to the ministries of Energy and Minerals, Justice and Constitutional Affairs and Finance and Economic Affairs.

    The Justice and Constitutional Affairs ministry was tasked with taking care of the legal side of the directive and its implementation.

    IPTL's minority shareholder, VIP, last December filed an application at the High Court seeking the winding up of the company over a fraud claim against the majority shareholder, Mechmar Corporation of Malaysia, which owns a 70 per cent stake.

    In the same month, Madam Justice Katherine Oriyo appointed a provisional liquidator, pending determination of the matter.

    She ordered the liquidator to protect the company against further deterioration, and put all the affairs and assets of IPTL under the management of the liquidator, who was directed to conduct independent investigations and present a report to the court.

    The two shareholders have been engaged in talks to settle their dispute out of court for some months, but no significant progress has been made.

    But yesterday, a lawyer for the bank, Mr Charles Morris, appeared stunned by the liquidator's intention to allow the plant to operate, and sought the court?s intervention, saying the move was contrary to an earlier order that the status quo and company?s assets be preserved.

    Mr Morris told Mr Justice Semistocles Kaijage that it would be unfair for the liquidator to allow such a move.

    Earlier, Mr Rugonzibwa informed the court that they had not reached any agreement on an out-of-court settlement, and sought the adjournment of the matter for another eight weeks to allow further negotiations.

    But Standard Chartered Bank queried the liquidator?s interpretation of the court order that the plant be preserved and protected and the status quo maintained.

    We have no objection to further adjournment provide that we get an assurance from the provisional liquidator that he is going to operate within the confines of the liquidation order, and not otherwise. Our concern is that it appears that liquidator is not doing what he is supposed to do,? Mr Morris argued.

    After a protracted legal exchange, Mr Rugonzibwa promised: I'm going to operate as per the court order.

    However, the bank was still not satisfied, arguing that he (the liquidator) intended to operate the plant, and asked the court to order him to withdraw the statement and confine himself to the earlier order.

    Mr Justice Kaijage later granted the adjournment sought, and ordered the parties to appear in court on December 19.

    The judge also directed the liquidator to keep the court informed on any resolutions arrived at by the parties.

    The partnership between the two IPTL shareholders ran into serious problems in February 2002, only a month after IPTL commenced operations.

    The local partner, VIP, accused the majority shareholder, Mechmar, of sidelining it in the running of the company.

    It complained that Mechmar had refused to involve the director it had nominated in corporate decisions, and accused the Malaysian firm of inflating various costs. The IPTL management denies the accusations.

    As the dispute raged, IPTL's debt, which was non-performing, was first purchased by Donaharta, a Malaysian entity that bought up many non-perfoming loans after the Asian financial crisis, which then resold it to Standard Chartered Bank (Hong Kong) for $74 million (Sh98 billion at current exchange rates) in November 2005.

    VIP has subsequently contested the debt transfer on the grounds that the loans were at the centre of an unresolved dispute.

    Efforts to reach Constitutional Affairs and Justice minister Mathias Chikawe for comment failed yesterday.
     
  7. TIMING

    TIMING JF-Expert Member

    #7
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    Haya sasa, hebu tuone hapo tumeiva vipi kwenye masuala ya biashara na sheria/taratibu. Sijui rais ana nafasi gani hapo...

    Kaazi kwelikweli!!
     
  8. Kaizer

    Kaizer JF-Expert Member

    #8
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    hili nadhani mkuu MTM lilitegemewa,,, na ndo hapo sijui raisi alishauriwa kisai gani kabla ya kuamuru hiyo mitambo iwashwe.

    Itakaposhindikana ndo tutajua umuhimu wa kununua mitambo inayofanana na ile ya Dowans,, si ilisemwa hapa kuwa mmoja ni kama billion 30 tu?
     
  9. Kang

    Kang JF-Expert Member

    #9
    Oct 30, 2009
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    Hehe, unapofanya vitu kwa "matamko" ya rais ndo matatizo hayo. Ikishindikana kutumia hii mitambo itakuwa aibu kubwa sana.
     
  10. M

    Mkandara Verified User

    #10
    Oct 30, 2009
    Joined: Mar 3, 2006
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    Mama yangu! yaani kumbe IPTL imefikia hapo?... mtumeee! hivi kweli taarifa hizi hawakuwa nazo? iweje tanesco walifanya mazungumzo na viongozi wa hiyo IPTL, ni kina nani hao na yaonyesha wazi ilikuwa tufungiwe kanyaboya jingine!
     
  11. Sikonge

    Sikonge JF-Expert Member

    #11
    Oct 30, 2009
    Joined: Jan 19, 2008
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    Sasa itabidi kuiwasha ya DOWANS.

    Mafuta yaliyokuja itabidi kukaangia vitumbua kama inawezekana.

    Vinginevyo tunaweza kutumia kuwasha taa za karabai. Yaani mambo OVYO kabisa (kama ni kweli). Safi sana maana UPINZANI sasa itakuwa nafasi yenu. Msipotoa watu barabarani kupinga nchi kuwa GIZA, basi mnafahamu wapi mnatatakiwa kuenda.
     
  12. Monsignor

    Monsignor JF-Expert Member

    #12
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    Hayo mafuta yana kazi kama unakumbuka Wazanzibara wana shida ya mafuta ya kujipaka kumbuka tamko la waziri wa Karume juu ya mafuta hewa. Mungu mkubwa mafuta yapo hayana kazi wapewe. Au pengine ngeleja anaweza kufanya kama magufuli na kuyatoa bure kwa mahospitali na mashule yenye jenereta.
    Kuhusu wapinzani wala usiwaonee kwani wakiitisha maandamano Wadanganyika hawana msaada.
     
  13. Dark City

    Dark City JF-Expert Member

    #13
    Oct 30, 2009
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    Mkuu umeona tuliyokuwa tunayasema? Labda tupate pia maoni ya Zitto. Hakika nakwambia uweze kutatua matatizo magumu kwa njia za mkato. Haya sasa tukajaribu pia ushauri wa pili wa Zitto wa kutaifisha mitambo ya Dowans. Yaani hii nchi hakuna mtu kabisa. Rais amefulia hata wananchi wote nao wamefulia! Natamani ile "force of natural selection" ingekuwa inafanyakazi. Wajinga wote tungekwenda na maji ili hii ikaliwe na viumbe wengine wenye akili. Miezi zaidi ya 6 walishindwa kununua mitambo sasa wanatuletea usanii. Shame, shame, shame,........
     
  14. M

    Mkandara Verified User

    #14
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    Dark City,
    Mkuu wangu swala la Dowans liko wazi kabisa halina ubishi isipokuwa hili la IPTL nadhani nimekuwa upande wenu baada ya kufikiria kwa makini toka nilipoingia site ya World bank na kukuta madudu yaliyoko huko.

    Dowans nina hakia kabisa kwamba wawekezaji wengi wanataka iondolewe nchini kwani imekuwa kikwazo kikubwa cha hata mashirika halali kufanya kazi.
    Mkuu, Richmond has to go, hakuna majadiliano zaidi..Dowans ni shirika la Mtandao, hawa jamaa wana nia mbaya sana na nchi yetu. wakati hiyo IPTL yupo fisadi mmoja tu aliyenunua hisa ndogo sana.
    Kifupi swala la IPTL tunalifufua sisi, ni shirika ambalo tayari limekwisha ingia ktk liquidation process hivyo kuwapa tender ni kufufua mradi uliokufa. Wanachogombania sasa hivi ni KISU tu, ulaji huooo wanauona unakuja ndio maana umeona mawakili wakianza kujipanga..hii haina tatizo na mkataba wetu na IPTL isipokuwa ni kanyaboya yaani sasa tunalipa kila hasara waliyokuwa wameikwisha ikubali..It will cost us huge!..kama nilivyosema mwanzo Kuikubali IPTL au Dowans hatutakuwa tunaziba UFA kiutaalam isipokuwa tunafanya kinyume. Na nyie mnasema ndio mawazo ya wataalam.
     
  15. Kigogo

    Kigogo JF-Expert Member

    #15
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    atoe wapi washauri wakati yeye mwenyewe mtu wa kukurupuka...hii ni aibuuuu
     
  16. Kigogo

    Kigogo JF-Expert Member

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    Zitto alisema itaifishwe mitambo ya DOWANS wakasema kanunuliwa na kwa kuona wakifanya hivyo itakuwa wamefuata mawazo ya wapinzani wakakurupuka na IPTL .haya sasa wanalooo,Rais tuliza kichwa kabla hujatoa maamuzi ndo maana akina Sitta wanagomea maamuzi yanayotolewa na ofisi yako juu ya kuchunguza wabunge wanavuta posho mara mbili mbili,,,,hahaaaa Predidaaaa umefulia
     
  17. Makaayamawe

    Makaayamawe JF-Expert Member

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    Sifa za Raisi wetu mswahili na mkaa kijiweni:
    1. Si mchapa kazi
    2. Hajui kufanya maamuzi kulingana na sheria
    3. Hana mawazo yenye kuona mbali
    4. Anafanya maamuzi kama zima moto (mpaka moto uwake)
    5. Haelewi umuhimu wa kutumia wataalamu na wasomi
    6. Anafikiria nchi huendelea kutokana na misaada ya wageni
     
  18. Kigogo

    Kigogo JF-Expert Member

    #18
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    well said mkuu
     
  19. M

    Mkandara Verified User

    #19
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    Hilo la nne ndio shina la tabia zote za viongozi wa Kiafrika.. ni mila yetu kuishi kijeshi.
     
  20. Chapakazi

    Chapakazi JF-Expert Member

    #20
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    IVI KWELI TUNA SERIKALI??????????????????????????????????????????????????????????
    A-G ANAFANYA NINI?
    KATIKA KUTOA HILI TAMKO, RAIS ALIAMKA USINGIZINI AU ALIFUATA USHAURI?
    NI KINA NAO HAO WASHAURI WA RAIS?
    DOES HE ACTUALLY KNOW ANYTHING?
    Sasa wameingia mkataba na kampuni iliyo katika receivership...kazi kweli kweli! Kesi itasikilizwa Dec 19, mitambo itawashwa Nov 1. Pesa za kampeni zinaendelewa kuliwa tu! Kodi ya wananchi iyo...

    Kikwete Oyee...Kidumu Chama Cha Mapinduzi....
     
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