Where is Erin Brockovich when you need her?

Alpha

JF-Expert Member
Aug 30, 2007
662
251
I smell potential for a huge lawsuit. These guys need to get one of those law firms in the US that just specialize in suing these big companies.

ENVIRONMENT-TANZANIA: Villagers Fearful After Mine Water Containment Pond Overflows
By Terna Gyuse*
20090518_MaraMineSpill2_Edited.jpg

Containment pond at North Mara: villagers complain that water from the mine is affecting crops and livestock; Barrick says no water is discharged into the environment.

Credit: Chacha Wambura/Foundation HELP

CAPE TOWN, May 18 (IPS) - Water from a storage pond at Barrick Gold's North Mara mine in Tanzania has overflowed into the Tigithe River, provoking local villagers to fear for their health.

On May 9, following heavy rains, runoff water from a containment pond began flowing into the Tigithe River in the Tarime district in the north of Tanzania, near the Kenyan border. Villagers reported that the water had turned a reddish colour.

District councillor Agostino "Neto" Sasi told IPS over the phone that trees along the river banks were dying and that three children and an old man experienced skin problems after contact with the water.

"The river has overflowed its banks into the fields and caused crops such as millet, maize and sorghum also to dry up. About five cows have died from drinking water from the river."

Chacha Benedict Wambura, executive director of Foundation HELP, an NGO based in 100 km away in the town of Musoma, has been to see the mine. Foundation HELP works on advocacy on a range of issues including resource management, health, sustainable agriculture and gender equality.

"The community has testified that they have seen dead fish in the river although when we visited the place on Thursday [May 14] we did not find any fish due to the heavy rains. If there are any dead fish, they can be found downstream," he told IPS.

"We had the opportunity to visit the affected areas, where the water had spilled and we went up to the mouth of the Tigithe river where the water from the ponds owned by the gold mine were dumping water directly into the river."

Previous history

Though the mine is described by Barrick as a operating at zero discharge, meaning no water is released back into the surrounding environment, villagers have long complained that the mine has negative effects.

"This problem began in 2006. The impact of the contaminated waters of Tigithe river is huge," according to Machage B. Machage, councillor of Matongo ward.

"Cattle are dying from drinking from the river, fish are dying, plants near the river have all dried up and the community is complaining. The problem intensifies during heavy rains because the water spreads to a larger area, with crops wilting, and the community making big losses."

The May 9 spill was reported to local authorities, but failing to get a response, Bogomba Rashid, the chair of the Kewanja Village Council, also contacted Barrick headquarters and national environmental officials in the capital, Dar es Salaam.

Barrick responded quickly, dispatching experts to the scene. The company's environmental and water specialists found the river water to be acidic. A sample taken approximately a kilometre downstream found a pH level of 4.8, more than ten times more acidic than the typical pH of rainwater.

"The decreased pH levels are believed to be the primary result of water moving from containment ponds designed to contain water that comes in contact with waste dumps," Barrick's PR and communications manager, Teweli K. Teweli wrote in a May 14 statement.

"To avoid seepage from the ponds, they are lined with a special PVC plastic liner material that is laid at the base of the pond. However, the liner material has recently been damaged and compromised by thieves. A secondary source is the adjacent temporary ore stockpile, from which water with increased acidity drains as a consequence of rainfall."

The company statement says the increased water flow in the river has diluted the discharge, and pH levels have returned to normal, but it is also taking further measures.

"Work to intercept and divert water coming in contact with the river is scheduled for completion in the next week. Several options are under active consideration to address the situation in the long term," said the company.

IPS requests to Barrick for further details about the contents of the storage ponds in question, and the potential impacts of the spill had not been responded to at the time of publication.

Councillor Machage rejects the company's accusation of theft of plastic liner by the community. "It's not possible for anyone to steal the plastic. And if they knew someone was going to steal the plastic, then they should have replaced it. Why didn't they replace the plastic? Or put concrete?"

But where is the government?

Relations between the company and people in surrounding villages are not the best, stemming both from dissatisfaction with the levels of compensation paid to those displaced by the mine when it was established in 2003 and from the belief that the mine has negatively impacted the environment.

"We as a council have commissioned our experts to assess the situation but we are incapacitated because we lack equipment to do the job," Machage said.

"What we have done is to request for experts from the government to come and take samples of the water for testing. They have repeatedly come back with reports saying that the water is clean, while people continue to suffer. We challenged them to drink the water to convince us that it is clean and they refused fiercely."

At the time of writing, officials from Tanzania's National Environmental Council had still not visited the site.

*Joyce Mulama in Nairobi and Terri Ayugi in Cape Town contributed to this report.

ENVIRONMENT-TANZANIA: Villagers Fearful After Mine Water Containment Pond Overflows
 
I was watching about some case like this in South America, I believe in Bolivia, US Oil companies on the brink of being forced to cough up billions of dollars because of oil related environmental degradation. Tatizo sijui hata kama nchi yetu ina misheria yenye akili kuhusu haya mambo.
 
Last edited:
I smell potential for a huge lawsuit. These guys need to get one of those law firms in the US that just specialize in suing these big companies.

Kwani Tanzania hakuna wanasheria wenye huu uwezo? Au ndo tunataka kiwango chetu kibaki chini? Marekani walijifunza kwa kuleta wanasheria kutoka wapi?
 
Kwani Tanzania hakuna wanasheria wenye huu uwezo? Au ndo tunataka kiwango chetu kibaki chini? Marekani walijifunza kwa kuleta wanasheria kutoka wapi?

Duh!

Wanasheria wetu ndo akina Fungamtama..ambao "wanakosea" hata KUANDIKA tarehe za barua. Sasa sijui wakikabidhiwa kesi kubwa kama hizo itakuwaje..

Legal profession ya Bongo ni ujanja mwingi sana...kila mtu anataka aitwe mheshimiwa tuu..
 
Duh!

Wanasheria wetu ndo akina Fungamtama..ambao "wanakosea" hata KUANDIKA tarehe za barua. Sasa sijui wakikabidhiwa kesi kubwa kama hizo itakuwaje..

Legal profession ya Bongo ni ujanja mwingi sana...kila mtu anataka aitwe mheshimiwa tuu..

Wabongo hawataki taabu na wanasheria wetu ndio balaa - wanasubiri fisadi akamatwe halafu waanze kupigana vikumbo wakigombania kumtetea. The only time when they leave the comfort of their offices is when they are on their way to court to defend the accused - for pay.

Kuwatetea wananchi kama hao wa Tarime could be the last thing in their minds. What they dont know is that these cases of environment are by themselves a big investment to them professionally by exposing them to the international scene and thus leapfrogging them to fame.
 
Kwani Tanzania hakuna wanasheria wenye huu uwezo? Au ndo tunataka kiwango chetu kibaki chini? Marekani walijifunza kwa kuleta wanasheria kutoka wapi?

First of all they should file the lawsuit in the US or Canada.

Secondly these kind of lawsuits require a lot of money. the aim is to never actually go to court but to come to a settlement outside of court. For this to happen a massive media blitz is required to gain public sympathy, shame the corporation, make it seem like a David vs Goliath situation.

I do not see this working in Tanzania. Our society is not as litigious as the US or Canada. People usually just except there circumstances and move on, and they expect others to do the same.

When a Tanzanian lawyer succefully sues a tobacco company for causing his\her clients lung cancer is when i will believe we have reached that stage.
 
Tanzania Government Probes North Mara Gold Mine Over River Pollution

Tuesday May 19th, 2009 / 15h12
espaceur.gif
DOW JONES NEWSWIRES The Tanzanian government is investigating the operations at North Mara Gold Mine following a chemical spill at the mine last week which polluted the nearby Tigithe river leaving thousands of residents without water for domestic use, a government official told Dow Jones Newswires Tuesday.
Machage Bartholomeo, a councilor in the Mara Region, said a government team is investigating the circumstances which led to the spill as well as mitigation measures put in place by Barrick Tanzania Ltd., owners of the mine.
"Investigations will establish whether the mine's waste disposal measures comply with Tanzanian laws" he said.
The team is headed by the regional minerals officer and comprises civil servants as well as councilors, he said.
The team will report to the ministry of energy and minerals by the end of the week, he added.
Chacha Benedict Wambura, the executive director of the foundation HELP told Dow Jones that the government had already started showing signs of siding with the company.
"The law is clear, the government is supposed to protect the environment and its citizens. The matter was brought to the attention of relevant government departments last week but nothing has been done," he said.
According to Wambura, the Tigithe River is a source of water for more than 2,534 households in the region.
Crops and pastures along the river banks have dried up and up to four heads of cattle died after drinking the water last week, Foundation HELP said.
Wambura said the management only took action after locals threatened to block roads towards the mine on Wednesday, a charge denied by Barrick Gold Corp. (ABX), the Canadian owners of the mine.
Last week, the local unit Barrick Tanzania Ltd. said it had taken water samples from the river and the acid level was back to normal after rising following the spill on Tuesday.
The company partly blames the spill on vandalism of the mine's waste pipes, by locals.
North Mara has had stormy relations with local residents and both sides blame each other for strained relations.

-By Nicholas Bariyo, contributing to Dow Jones Newswires; +256 75 262 4615; bariyonic@yahoo.co.uk

Tanzania Government Probes North Mara Gold Mine Over River Pollution - EasyBourse actualité
 
..The team is headed by the regional minerals officer and comprises civil servants as well as councilors, he said...

Hii timu ya serikali kuchunguza hii kadhia inaonekana wazi ni timu ya mashuhuda na wala si ya wataalamu. Where is EWURA, NEMC et al? Kazi yenu ni ipi?
 
First of all they should file the lawsuit in the US or Canada.

Secondly these kind of lawsuits require a lot of money. the aim is to never actually go to court but to come to a settlement outside of court. For this to happen a massive media blitz is required to gain public sympathy, shame the corporation, make it seem like a David vs Goliath situation.

I do not see this working in Tanzania. Our society is not as litigious as the US or Canada. People usually just except there circumstances and move on, and they expect others to do the same.

When a Tanzanian lawyer succefully sues a tobacco company for causing his\her clients lung cancer is when i will believe we have reached that stage.

Wewe itakuwa unapenda kusoma sana vitabu vya John Grisham...mambo ya Pelican Brief, etc. Na hii inakufanya ujue kila kitu ni mteremko tu.

Kwanza kabisa, hii lawsuit ikafunguliwe marekani au canada, kwani kuna link yeyote? Haya mambo yametokea katika jurisdiction ya nani mzee? Hii kampuni inafanya kazi Tanzania, and therefore it fall under our jurisdiction. Huwezi kupeleka Marekani.

Pili, ma-lawyers wa bongo inabidi wajifunze kutafuta kesi na sio kusubiri ziwafuate. Pia, kushindwa kesi si mwisho wa maisha. Hata wakishindwa hii kesi, at least wanakuwa wamejifunza. Kwani hao wengine walianza kwa kushinda kesi zote? Mimi nadhani Tanzania kuna wanasheria wa kutosha na walio na uwezo wa kupambana. They just need a small change in attitude na mambo yatakuwa fresh. Tatizo kwa sasa ivi, mahakimu nao ni wachovu. Wanakula rushwa sana, na hivyo kufanya kesi ivutwe sana. Mwisho cost zinakuwa juu bure. Hii inachangia katika kupunguza wanasheria wachanga kwenda mahakamani. Mwisho kila mtu anajiweka katika mgongo wa aliye na jina.
 
Wewe itakuwa unapenda kusoma sana vitabu vya John Grisham...mambo ya Pelican Brief, etc. Na hii inakufanya ujue kila kitu ni mteremko tu.

Kwanza kabisa, hii lawsuit ikafunguliwe marekani au canada, kwani kuna link yeyote? Haya mambo yametokea katika jurisdiction ya nani mzee? Hii kampuni inafanya kazi Tanzania, and therefore it fall under our jurisdiction. Huwezi kupeleka Marekani.

Pili, ma-lawyers wa bongo inabidi wajifunze kutafuta kesi na sio kusubiri ziwafuate. Pia, kushindwa kesi si mwisho wa maisha. Hata wakishindwa hii kesi, at least wanakuwa wamejifunza. Kwani hao wengine walianza kwa kushinda kesi zote? Mimi nadhani Tanzania kuna wanasheria wa kutosha na walio na uwezo wa kupambana. They just need a small change in attitude na mambo yatakuwa fresh. Tatizo kwa sasa ivi, mahakimu nao ni wachovu. Wanakula rushwa sana, na hivyo kufanya kesi ivutwe sana. Mwisho cost zinakuwa juu bure. Hii inachangia katika kupunguza wanasheria wachanga kwenda mahakamani. Mwisho kila mtu anajiweka katika mgongo wa aliye na jina.

Is Barrick not a Canadian company? I've Never read any John Grisham, or care to. Obviously you have never read anything, why don't you start with this.

Case profile: Chevron lawsuit (re Nigeria)

Jump to: News on this case

In 1999, a group of Nigerians of the Niger Delta region, where Chevron engages in oil production activities, brought a lawsuit against Chevron in US federal court. The plaintiffs allege that they suffered human rights violations, including torture and summary execution, at the hands of the Nigerian military and police acting in concert with Chevron to suppress the plaintiffs’ protests against Chevron’s environmental practices in the Niger Delta. The claims against Chevron are based on two incidents. First, two protestors were shot by Nigerian military and police allegedly recruited by Chevron at its Parabe offshore platform. Second, two Nigerian villages, Opia and Ikenyan, were attacked by Nigerian soldiers using helicopters and boats allegedly leased and/or owned by Chevron, and these attacks allegedly caused the death and injury of a number of villagers. In March of 2007, a federal judge dismissed the federal racketeering claims against Chevron, but the judge declined to dismiss the remaining nine claims made by the plaintiffs. In August of 2007, a federal judge issued a series of decisions regarding Chevron's motions for summary judgment. The judge's orders narrowed the lawsuit,but the plaintiffs' central claims regarding Chevron's complicity in human rights violations were allowed to stand. On 1 December 2008, the federal jury cleared Chevron of the charges in this case. In March 2009, the federal judge denied the plaintiffs' request for a new trial, finding that the evidence presented at trial supported the jury's verdict. The plaintiffs filed an appeal with the Ninth Circuit Court of Appeals in April 2009.




http://www.business-humanrights.org/Categories/Lawlawsuits/Lawsuitsregulatoryaction/LawsuitsSelectedcases/ChevronlawsuitreNigeria

Again, the point is not actually to go to court. The chances of them winning is slim but if they do, it could very well be a jackpot. And if you think Tanzanian lawyers are in the same league as the lawyers in the top lawfirms in the US you are either naieve or just plain dumb.
 
Kweli wewe ni MJINGA! Hujui sheria wala kitu unachoongea. Wewe hizi kesi zinafanana? Unajua kwa nini hii kesi iliweza kusikilizwa marekani?

"The suit was filed under a law passed by the first Congress in 1789 that allows foreigners to file claims in U.S. courts for violations of international human rights."

Unaelewa maana ya hiyo? Marekani ina sheria inayoruhusu kesi kufunguliwa under their courts kama hiyo kampuni:
1) Ni ya kimarekani; na
2) Ime-violate International Human Rights

Kama hii kampuni ni ya Canada, wao wana sheria kama hii? Pili,sheria yao inaruhusu kupeleka cases Canada zinazotokana na kuboronga kwa makampuni yao? Tatu, more relevant to this case, kama hiyo sheria ipo, je ina-cover issues in regards to Environment Waste?

TOA UPUMBAVU WAKO HAPO!@# Unarukia-rukia vitu tu, kisa umesoma kwenye internet! hahahaha! bado tupo mbali sana.
Hata kama umesoma nje, that doesn't make you more clever than an educated person in Tanzania!

Pili, Usidharau wanasheria wa bongo. Sio kila mtu aliyesoma bongo na kupambana bongo ni mjinga! I have full respect for them. Wewe unavyowashusha na kuwakebehi inaonyesha UJINGA wako. Kwanza unaleta evidence za kipumbavu! Endelea kusoma chali...bado una sehemu kubwa sana ya kukua.

Tatu, kama mnataka kila kitu kipelekwe nje ya nchi, unadhani sheria zetu zitakuwa namna gani? Kama hakuna adequate sheria za ku-deal na situation kama hii, basi ipelekwe bungeni na sheria zitungwe. Kama hujui, sheria inakuwa na ku-mature. Lakini hichi kinategemea na kesi zinazoletwa mahakamani kwetu.

NB: read what u bring as evidence before u present it...maana inaweza kukufanya uonekane mjinga!

AM STILL HOLDING AN OPEN MIND IN REGARDS TO THIS ISSUE...WAITING FOR FURTHER AMPLE EVIDENCE FROM YOU TO CONVINCE ME....KAMA HUNA...KAA KIMYA, KUBALI HUJUI!
 
Last edited:
Alpha HUNA JIBU? U had over 24hrs to reconsider your argument...au kupekuwa sheria za Canada. Ngoja nikuongezee......hahahaha!
 
Back
Top Bottom