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Where is Erin Brockovich when you need her?

Discussion in 'Jukwaa la Siasa' started by Alpha, May 18, 2009.

  1. A

    Alpha JF-Expert Member

    #1
    May 18, 2009
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    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
     
  2. Bluray

    Bluray JF-Expert Member

    #2
    May 18, 2009
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    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: May 19, 2009
  3. G

    Game Theory JF-Expert Member

    #3
    May 19, 2009
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    last time nimemwona CHILIGATI kavaa tshirt ya BARRICK
     
  4. Chapakazi

    Chapakazi JF-Expert Member

    #4
    May 19, 2009
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    Kwani Tanzania hakuna wanasheria wenye huu uwezo? Au ndo tunataka kiwango chetu kibaki chini? Marekani walijifunza kwa kuleta wanasheria kutoka wapi?
     
  5. Masanja

    Masanja JF-Expert Member

    #5
    May 19, 2009
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    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..
     
  6. Mag3

    Mag3 JF Gold Member

    #6
    May 19, 2009
    Joined: May 31, 2008
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    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.
     
  7. A

    Alpha JF-Expert Member

    #7
    May 19, 2009
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    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.
     
  8. A

    Alpha JF-Expert Member

    #8
    May 19, 2009
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    Tanzania Government Probes North Mara Gold Mine Over River Pollution - EasyBourse actualité
     
  9. Abdulhalim

    Abdulhalim JF-Expert Member

    #9
    May 19, 2009
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    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?
     
  10. Chapakazi

    Chapakazi JF-Expert Member

    #10
    May 20, 2009
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    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.
     
  11. A

    Alpha JF-Expert Member

    #11
    May 20, 2009
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    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.
     
  12. Chapakazi

    Chapakazi JF-Expert Member

    #12
    May 21, 2009
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    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: May 21, 2009
  13. Chapakazi

    Chapakazi JF-Expert Member

    #13
    May 22, 2009
    Joined: Apr 19, 2009
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    Alpha HUNA JIBU? U had over 24hrs to reconsider your argument...au kupekuwa sheria za Canada. Ngoja nikuongezee......hahahaha!
     
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