Uchambuzi wa The Citizen kuhusu majadiliano ya Acacia

[Musoma Yetu]

Mi nimeamua kupigana na hali yangu tu!

 

[Bandiwe]

Kinachokusumbua wewe kunijibu ni nini? Niliyem-quote amenielewa wewe kiherehere cha nini?

Kihere here ni hicho cha kuwasemea acacia as if una share !

 

[Gagnija]

Kusema ukweli ni kuponda?

Wewe ulichotakiwa kusema ni kupinga kwa ushahidi alichokiandika Mgaya kuwa si sawa badala ya kuleta maneno ya khanga.

You will never grow! if you cant take ownership of your actions and learn from your mistakes.

Hizi tamaduni zilizojengwa na sera za CCM zimewaathiri sana watanzania, siyo kila kiongozi ni mtukufu lazima ujue hilo.

Hivyo akikosea anaambiwa na Mgaya maeleza kiufasaha sana ila kwa sababu zako binafsi umeamua kuchukua upande usio sahihi

Hapana haja ya hamaki hadi kutoleana matusi. Majadiliano yakimalizika na matokeo yake kufahamika ndiyo tutajua nani alikuwa sahihi na nani hakuwa sahihi.

Mgaya anazo sababu zake za kuwa na reservations kwenye uongozi wa kabudi kwenye kamati ya majadiliano, mimi pia ninazo sababu zangu za kuwa na imani na uongozi wa kabudi kwenye kamati hiyo.

Nilichojaribu kupinga ni impartiality ya mgaya wakati tayari ana wasiwasi na uwezo wa kabudi kama kiongozi wa timu. Samahani sana kwa kukukwaza.

 

[shybubu]

Hata wakati wanaimgia hiyo mikataba bado wao walijiona wana akili sana na kwakuwa wao hawataki mawazo ya wengine haya bac wacha tuchapwe tu kama kawaida yetu

Tambua hii ni Serikali nyingine

 

[Eric Cartman]

....cha hapa na pale !

Kwetu hicho ndio kilugha, amna jinsi utaongea tu. Ndani ya familia/ukoo tu wengi ndio lugha yao ya kwanza.

 

[Danny Jully]

Kihere here ni hicho cha kuwasemea acacia as if una share !

Naona unaropoka tu, ni wapi nimewasemea ACACIA??

 

[Bandiwe]

Naona unaropoka tu, ni wapi nimewasemea ACACIA??

Rudia kusoma post yako

 

[YEHODAYA]

Kuna uwezekano mdogo sana wa kupata chochote, zile kamati mbili zilizotangulia zilimpa mheshimiwa taarifa alizokuwa anapenda kuzisikia

Mmmmmmmm Uongo na umbeya haufai kwa mtoto wa kiume

 

[Wamabere]

Nimependa pale aliposema Prof ni academician "I acknowledge Prof Kabudi’s academic achievements, but he has spent his lifetime as an academician. He has absolutely no experience in the mining industry not least the requisite commercial negotiations skills. On the contrary, the lead negotiator of Barrick, Richard Williams is a COO, with a long experience as an executive in the mining industry. Absence of a big shot with equal or surpassing credentials to that of the lead negotiator of the other side, is a stark evidence on a strategic failure of planning on the part of the government". Unapeleka mtu vitani ambaye hajawahi kushika SMG akapigane na mtu aliewahi kutumia silaha zote halafu umekaa mezani unachekelea kusubiri ushindi.This happens only in Tanzania

Je hufahamu kwamba Tz iliwahinda Uganda na Field Marshal wake Amin wakiwa na silaha duni?Uganda walikuwa na silaha za kisasa kede kede

 

[Lutsala]

Unaposema siri halafu citizen wamesema inaonekana unamatatizo.

Sent using Jamii Forums mobile app

 

[Mbase1970]

Mkuu we ni mwelewa Lakini dhamira yao ndio inakuangusha, wengi wachumia tumbo tu. Pia tambua kunatofauti kati ya unafiki na ushauri/ukosoaji

Tatizo kubwa la huyu unayemtetea naye ana matatizo kama ya hao unaowasema. Yeye hapo moyoni anaomba serikali ishindwe maana ana agenda za siri. Huyu ni mnazi wa CDM ukifuatilia makala zake zote na comments zake hakuna anachokishauri zaidi ya kubeza. Na hutakuja uone anaandika ama kushauri chochote kwa cdm maana kwa maoni yake cdm ni malaika. Mtu kama huyu si wa kunuamini kabisa labda na wewe uwe kama yeye

 

[Truths]

The govt-Acacia dispute: It’s the strategy that matters
But, frankly there is little, if at all to celebrate for, at least for now. It is worth reminding the reader that, this is not the first time the government has undertaken renegotiations of contracts with a foreign investor in the extractive sector.

SUNDAY, AUGUST 13, 2017

The govt-Acacia dispute: It’s the strategy that matters

By Raphael Mgaya raphael.mgaya@gmail.com

As the negotiations between the government and Barrick Gold Corporation, Acacia’s parent company, have just commenced all eyes are on Prof Kabudi and his team.

But, frankly there is little, if at all to celebrate for, at least for now. It is worth reminding the reader that, this is not the first time the government has undertaken renegotiations of contracts with a foreign investor in the extractive sector.

In July 2012, the Government Negotiating Team (2012 GNT) which concluded a re-negotiation of contract with Pan African Energy Limited (Pan African, an operator of the Songo Songo gas field).

The negotiations followed the report of the Parliamentary Committee of November 18, 2011, whereupon, Parliament recommended that the government should renegotiate the Songo Songo Production Sharing Agreement (PSA).

The 2012 GNT made some important “conditional” gains by the end of the negotiations in early July 2012. These were conditional gains because, in order to realise those gains, the government was obliged to ensure that the Tanzania Electric Supply Company (Tanesco) settles its outstanding gas bills with Pan African.

Some of the gains that were made include that the working interest of TPDC and that annual training fees would be increased substantially. In addition, the Songo Songo PSA was to be amended in favour of the government/TPDC.

The government, quite strangely, has never implemented the recommendations of the 2012 GNT. Apparently, the government has incurred colossal losses as a result of failure to implement those recommendations.

While the recommendations of the 2012 GNT have been ignored and perhaps forgotten in government circles, another GNT led by Prof Kabudi (the Kabudi GNT) to participate in negotiations with Barrick.

This begs a lot of questions: Does the government has a strategy in place? Is there a roadmap? Is it again going to be conditional gains again never to be implemented? While, I acknowledge Prof Kabudi’s academic achievements, but he has spent his lifetime as an academician.

He has absolutely no experience in the mining industry not least the requisite commercial negotiations skills. On the contrary, the lead negotiator of Barrick, Richard Williams is a COO, with a long experience as an executive in the mining industry.

Absence of a big shot with equal or surpassing credentials to that of the lead negotiator of the other side, is a stark evidence on a strategic failure of planning on the part of the government.

In negotiations, knowing the strength of your counterpart and mobilising your resources to match with that of your counterpart is as important as the banker knowing the expectations of his customers.

The negotiations of this nature ought not to be led by a politician in the first place; it ought to be left to seasoned professionals with industry experience and skills. This is not a political dispute between states, even if it was one; a professional diplomat would be preferred to a politician.

The problem of politicians, tend to bring into the negotiating rooms their political garbage which more often than not ends up dampening the objectivity of the negotiations. It is the negotiations skills; it is the industry prowess that matters most and not the political ineptitude and academic romanticism.

The chairman is a kingpin of the negotiation team and therefore he must be on top of his game. There are times during negotiations when, each member is stranded, lost and or confused, and at such times the chairman must rise to the occasion and bolster the team. I do not see this box as having been ticked in this case and this is where a great risk lies.

It is important for the government to re-think its strategy. Like in the 2012 GNT, it would be worthwhile looking for an external expert to support the lead negotiator.

Though negotiations have started, but it is not too late. It is never too late to do something better. There must be a roadmap. There must be clear and achievable targets, no go zones must be clearly identified. The Terms of Reference for the negotiations must be set exclusively by the government.

The laws on which the present mineral development agreements (MDAs) were based and the terms of those MDAs should never be used as a framework for negotiations because they are hugely skewed in favour of the investor, and this was orchestrated by World Bank as it did in Ecuador and other places.

I believe that the renegotiation of MDAs will be an excellent move only if it is done well. Whatever the case, the outcome must be substantial and in the end it must be implemented for the tangible benefit of the country, otherwise the whole exercise will be judged once again as another useless soap opera.

It must not be about the political credit of those in power but the positive contribution that will be made to lives of ordinary folks that are wallowing in abject poverty throughout the nation. At this juncture, we must all be focused on what is best for the nation. It is not about which side is right or wrong, it’s the strategy!

Mr Mgaya is an advocate. Areas of his expertise range from international law and human rights, oil and gas to finance and investment


Source: The Citizen

Kwa mtazamo WA mgaya. Prof kabudi hana uzoefu WA aina yoyote wq madini na biashara nzima zaidi ya kua academician. Wakati upande WA wazungu umejaa wataalamu wanaojua kujadiliana.


Pia serikali inauzoefu WA majadiliano kama haya ambayo maamuzi yake yamekua yakiipa hasara serikali Mara zote.

Mgaya anatambua kua bado hatujachelewa, basis badala ya yeye kupika majungu, ni heri angemwomba Rais ili naye awepo miongoni mwa hii timu ya wataalamu WA kizalendo ili akapeleke changamoto.

Akikataliwa aje kutuambia, chochote mile tumuanini
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[Mbase1970]

Ni common phrases huku kijijini kwetu

Halafu kitu kingine nilichojufunza pale ambapo amuelewi idioms or jargon mnadandia lugha hujui. Sometimes I laugh

Unakumbuka mwalimu mwaka 1995 alioosema I can't leave my country to the dogs nini kilitokea. Wasomi wetu waliwahadaa watanzania kuwa mwalimu kawaita mbwa. Hatari sana halafu watu hawahawa wanasema Magufuli hajui kidhungu huku hawazielewi hata nahau za kizungu. Wasamehe

 

[Sinda69]

Now we hsve a serious and commited president I am sure the discussion will be more fruitfull than ever just hope for that.

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[kabombe]

Ni wazi siri za kinachoendelea zimeanza kuvuja na huu ni ushauri kwa Mkulu arekebishe mambo.

Mtu mwenye kutafakari mambo ni lazima utajiuliza kwanini makala kama hii inakuja wiki 2 tangu mazungumzo yaanze?Je,ni nini kimemsukuma mwandishi kuleta makala hii wakati huu?Atakuwa amesikia nini?

Kwa mtazamo wangu,huenda mambo hayatuendee vizuri na hivyo watu wanajaribu kutoa ushauri kwa bwana mkubwa juu ya nini kinaweza kufanyika kurekebisha hali hii ikiwa bado nie mapema.

Tusisahau mazungumzo haya ni ya siri hivyo wanaojua nini kinaendelea(kama wapo), ni lazima wawe makini ili wasionekane wanajua kinachoendelea na hivyo lazima watakuwa waangalifu katika lugha wanazotumia

Hakuna kitu,hatuwezi kuondolewa kwenye reli na watu kama wewe

 

[EWGM's]

Hapana haja ya hamaki hadi kutoleana matusi. Majadiliano yakimalizika na matokeo yake kufahamika ndiyo tutajua nani alikuwa sahihi na nani hakuwa sahihi.

Mgaya anazo sababu zake za kuwa na reservations kwenye uongozi wa kabudi kwenye kamati ya majadiliano, mimi pia ninazo sababu zangu za kuwa na imani na uongozi wa kabudi kwenye kamati hiyo.

Nilichojaribu kupinga ni impartiality ya mgaya wakati tayari ana wasiwasi na uwezo wa kabudi kama kiongozi wa timu. Samahani sana kwa kukukwaza.

Mkuu kama nikutusi niwie radhi tena samahani sana. Haikuwa lengo langu kukukwaza kwa namna yeyote ile, niwie radhi sana.

Mkuu mimi nakubaliana na Mgaya sababu Prof ni msomi wa sheria tu lakini hajawahi hata kufanya biashara ya nyanya.

Business negotiations are far apart from academic fields and political arena.

Kabuda angekuwa mshauri tu wa sheria kwenye mazungumzo ni sawa lakini siyo kuongoza mashauriano hana kipawa hicho.

Ndiyo maana serikali iliambwa itafute wataalam wenye sifa hizo ikiwezekana hata kutoka nje ya nchi kwa makubaliano ya malipo.

 

[GBABA]

Again in the same mess.

ON 2012 GNT the government have another chance to renegotiate afresh, With the owner of PAN AFRICA at Lupango for Escrow scandals I don't think his current situations will allow him to make any conditions! The government should kill two birds by one stone. Hatuna haja ya kumwangalia huyu mtu usoni. TAKUKURU should look at the Songo Songo contract if there is any smell of corruptions they have to make the move now!

 

[mangosutu]

277 Containers still holding by the government zipo pale bandarini kama hawaridhiki na kamati wakachukue na wao sample wajiridhishe. Acha blaablaa subiri report baada ya majadiliano.

Tusije tukafanya kosa la kukubali kuchukuliwa sampuli tena, tutahaibika asubuhi tu.
Chonde chonde jamani tutahaibika tena na wale maprof heshima zao zitapotea.

 

[Eric Cartman]

Unakumbuka mwalimu mwaka 1995 alioosema I can't leave my country to the dogs nini kilitokea. Wasomi wetu waliwahadaa watanzania kuwa mwalimu kawaita mbwa. Hatari sana halafu watu hawahawa wanasema Magufuli hajui kidhungu huku hawazielewi hata nahau za kizungu. Wasamehe

Mkuu hao wala sio watu wanaoninyima usingizi privately kila siku napambana nao wakijaribu kuingilia DNS nimelalama mpaka nimechoka kwa wahusika. Wapo very committed and shallow individuals ambao akili zao zinawatosha kam lugha ni swala muhimu kwake basi anadhani kwa kila mtu.

Mtu aelewi hata hoja ilipo ya mwandishi lakini wameshikilia tu jamaa anakuwa mnajimu sijui anatafuta info etc with nonsense zao mtu yeyote mwenye uelewa anajua renogatiation is a private matter au hata kunapokuwa na dispute kama watu wakiamua iwe siri, unless swala kama lipo kwenye litigations.

Sasa basi nakala ipo ope jinsi uhalisia wa haya mambo yanavyofanyika value ya mkataba aipatikani kwa kuweka watu wasio na ufahamu wa hayo mambo matter of fact it is the cause of original bad contracts kuweka watu wasio na sifa za kujadiliana na technical aspects ya hii mikataba.

Ni hivi sehemu kubwa ya makubaliano ni financial exchange kwa sababu misingi yenyewe ya kualika wawekezaji ni kwa sababu serikari aitaki kuweka hela zake yenyewe na wala aina wataalamu wenye experience kusimamia hiyo biashara.

Humo ndani kuna mahesabu yanayopigwa kwa economic model zinazoangalia vulnerability ya bei za soko kuelewana mnagawana vipi fadia kwa nyakati tofauti, muda wa wao kumiliki migodi kutokana na na return za mkataba na muda wa wao kutengeneza faida, maswala ya accounting serikari kujua ina maliki vipi mitambo maana jamaa kama wanachukua gharama za uwekezaji ni kama wanaiuzia serikari mitambo pia kwa lugha nyingine.

In short sheria za nchi ni aspect ndogo sana ya implied terms kwenye hii mikataba na jamaa kaelezea mambo yalivyo kwenye hizi negotiations Kabudi ana experience ya business negotiations wala ufahamu wa economic ya maswala ya madini kumuweka kama chief negotiator wakati mambo yenyewe for the most part ni ya kuichumi sio mwanzo sahihi na tunaanza na disadvantage that is a legit concern lakini unakuta mijitu inapinga tu wao kila kitu is binary opposite either una support kila kitu kama kilivyo au sio mwenzao; very simple people halafu sasa kujifanya wajuaji wakati tunaenda kwenye renegotiation na watu wale wale wenye uwezo na waliotufikisha hapa mtu anajaribu kuwapa mtazamo yenyewe ni kupinga tu how pathetic.

 

[mbikagani]

Well said.
But how people become experience?
Speaking about politicians, you can be politician still you may have professional about mining.
Most of commitee members are unknown.
Know one knows exctly names of members who form a team.

The govt-Acacia dispute: It’s the strategy that matters
But, frankly there is little, if at all to celebrate for, at least for now. It is worth reminding the reader that, this is not the first time the government has undertaken renegotiations of contracts with a foreign investor in the extractive sector.

SUNDAY, AUGUST 13, 2017

The govt-Acacia dispute: It’s the strategy that matters

By Raphael Mgaya raphael.mgaya@gmail.com

As the negotiations between the government and Barrick Gold Corporation, Acacia’s parent company, have just commenced all eyes are on Prof Kabudi and his team.

But, frankly there is little, if at all to celebrate for, at least for now. It is worth reminding the reader that, this is not the first time the government has undertaken renegotiations of contracts with a foreign investor in the extractive sector.

In July 2012, the Government Negotiating Team (2012 GNT) which concluded a re-negotiation of contract with Pan African Energy Limited (Pan African, an operator of the Songo Songo gas field).

The negotiations followed the report of the Parliamentary Committee of November 18, 2011, whereupon, Parliament recommended that the government should renegotiate the Songo Songo Production Sharing Agreement (PSA).

The 2012 GNT made some important “conditional” gains by the end of the negotiations in early July 2012. These were conditional gains because, in order to realise those gains, the government was obliged to ensure that the Tanzania Electric Supply Company (Tanesco) settles its outstanding gas bills with Pan African.

Some of the gains that were made include that the working interest of TPDC and that annual training fees would be increased substantially. In addition, the Songo Songo PSA was to be amended in favour of the government/TPDC.

The government, quite strangely, has never implemented the recommendations of the 2012 GNT. Apparently, the government has incurred colossal losses as a result of failure to implement those recommendations.

While the recommendations of the 2012 GNT have been ignored and perhaps forgotten in government circles, another GNT led by Prof Kabudi (the Kabudi GNT) to participate in negotiations with Barrick.

This begs a lot of questions: Does the government has a strategy in place? Is there a roadmap? Is it again going to be conditional gains again never to be implemented? While, I acknowledge Prof Kabudi’s academic achievements, but he has spent his lifetime as an academician.

He has absolutely no experience in the mining industry not least the requisite commercial negotiations skills. On the contrary, the lead negotiator of Barrick, Richard Williams is a COO, with a long experience as an executive in the mining industry.

Absence of a big shot with equal or surpassing credentials to that of the lead negotiator of the other side, is a stark evidence on a strategic failure of planning on the part of the government.

In negotiations, knowing the strength of your counterpart and mobilising your resources to match with that of your counterpart is as important as the banker knowing the expectations of his customers.

The negotiations of this nature ought not to be led by a politician in the first place; it ought to be left to seasoned professionals with industry experience and skills. This is not a political dispute between states, even if it was one; a professional diplomat would be preferred to a politician.

The problem of politicians, tend to bring into the negotiating rooms their political garbage which more often than not ends up dampening the objectivity of the negotiations. It is the negotiations skills; it is the industry prowess that matters most and not the political ineptitude and academic romanticism.

The chairman is a kingpin of the negotiation team and therefore he must be on top of his game. There are times during negotiations when, each member is stranded, lost and or confused, and at such times the chairman must rise to the occasion and bolster the team. I do not see this box as having been ticked in this case and this is where a great risk lies.

It is important for the government to re-think its strategy. Like in the 2012 GNT, it would be worthwhile looking for an external expert to support the lead negotiator.

Though negotiations have started, but it is not too late. It is never too late to do something better. There must be a roadmap. There must be clear and achievable targets, no go zones must be clearly identified. The Terms of Reference for the negotiations must be set exclusively by the government.

The laws on which the present mineral development agreements (MDAs) were based and the terms of those MDAs should never be used as a framework for negotiations because they are hugely skewed in favour of the investor, and this was orchestrated by World Bank as it did in Ecuador and other places.

I believe that the renegotiation of MDAs will be an excellent move only if it is done well. Whatever the case, the outcome must be substantial and in the end it must be implemented for the tangible benefit of the country, otherwise the whole exercise will be judged once again as another useless soap opera.

It must not be about the political credit of those in power but the positive contribution that will be made to lives of ordinary folks that are wallowing in abject poverty throughout the nation. At this juncture, we must all be focused on what is best for the nation. It is not about which side is right or wrong, it’s the strategy!

Mr Mgaya is an advocate. Areas of his expertise range from international law and human rights, oil and gas to finance and investment


Source: The Citizen