Mama Amon
JF-Expert Member
- Mar 30, 2018
- 2,021
- 2,478
Dear Professor Kitila Alexander Mkumbo,
On 10 June 2023 when the Parliament ratified the contested Tanzania-Dubai IGA, you were the first contributor who supported the ratification (see the video above). Unlike then, you are now a full Minister of Investments, in the President's office. Congrats.
One month later, on 9 July 2023, the CCM Publicity Secretary, Sophia Mjema, issued a press release that claimed that, "uwekezaji na uendeshaji wa bandari...ni utekeleaji wa vitendo wa [sera namba 59 katika] Ilani ya CCM ya mwaka 2020," though without directly mentioning DPW in her Press Release (below appended).
We have confirmed the existence of this policy. But it simply tells us what is to be done without saying how and who will do it. It neither mentions DPW nor talks about port privatization as wrongly insinuated by Mjema.
Specifically according to the said policy number 59(b)(i) the following are "what" will be done at the Dar es Salaam Port;
- Ujenzi wa matanki ya kuhifadhia Mafuta;
- Ujenzi wa gati namba 12-15 kwa ajili ya makasha;
- Usimikaji wa mikanda ya kushusha mzigo wa kichele;
- Ujenzi wa central workshop;
- Kujenga ofisi jijini Dodoma;
- Ujenzi wa gati katika bandari ya Bagamoyo;
- Kuboresha miundombinu katika Chuo cha Bandari;
- Kupanua na kuchimba lango la kuingilia na eneo la kugeuzia meli (entrance channel and turning basin);
- Ujenzi wa barabara ya Bandari, Mivinjeni na daraja la Bandari
- Ujenzi wa bandari kavu ya Ihumwa, Dodoma; na
- Ununuzi wa mitambo.
Now, given that the words, "uwekezaji na uendeshaji wa bandari [kupitia DPW] ni utekeleaji wa vitendo wa Ilani ya CCM ya mwaka 2020," were directly uttered by you through your June 10 Parliamentary presentation, which overtly addresses the Tanzania-Dubai Treaty, we have judged it useful to the nation to engage you on this note and our questions are two;
Where does the 2020 manifesto mention privatization of the Dar Port?
And do you accept the view that the privatization of Dar port should be based on an open-ended contract as it is the case with the Tanzania-Dubai contract?
concerning the second question the following argument, to which we seek your generous response, is outlined;
1. An open-ended contract, as opposed to a closed-end contract, is a contract which has no termination date, either for employment or for delivery of goods or for provision of services.
2. The Tanzania-Dubai IGA is a contract that says that it will be terminated based on the closed-end HGAs that will be signed in the future by TPA and DPW.
3. At least one open-end HGA is needed to render IGA an open-end Treaty.
4. According to the Tanzania-Dubai IGA the number of HGAs that will be signed by TPA and DPW is open-ended.
5. Also, in interpreting broad and open-ended investment treaty provisions and applying them to facts the Tribunal mentioned at article 20 of the Tanzania-Dubai IGA cannot arbitrarily terminate an open-ended investment treaty since their power is limited to what the parties to the treaty freely agreed to.
6. Thus, unless the maximum number of HGAs is overtly and unambiguously stated under the said Tanzania-Dubai IGA, it logically follows that the Tanzania-Dubai IGA is an open-ended Treaty.
7. An open-ended investment Treaty overrides the time bars which will be stated in land titles to be issued to DPW by the government of Tanzania.
8. Thus DPW will have eternal use ownership rights and eternal fruits ownership rights over all the land segments which will be leased to them.
9. Since there is an inseparable connection between eternal use ownership rights, eternal fruits ownership rights and eternal substantive ownership rights over a given property, it logically follows that, eternal use ownership rights and eternal fruits ownership rights over land by DPW necessarily entail eternal substantive ownership of land by DPW.
10. Surrendering substantive ownership over land to a foreigner such as the Dubai Emirate is to authorize "Arab settler colonialism," a decision which entails a permanent transfer of territorial sovereignty over land to a foreigner, since under "settler colonialism," foreign migrants come to stay, dominate natives, displace them and replace them where necessary. This is what happened in South Africa, Canada, America, Australia, New Zealand, Taiwan, Northern Ireland, Rhodesia, and Zanzibar.
11. Handing over territorial sovereignty over land to a foreigner is violative of articles 1, 2(a), and 8(1)(a) of the constitution (1977), and amounts to treason against the state where the perpetrators of this treason are properly called traitors.
12. Thus, there are some members of the state house, the parliament, the CCM central committee and CCM National Executive committee who have severally committed treason and each of them deserves the name "traitor."
13. Traitors who do not repent and show remorse for their wrongful deeds lose their rights to stay in public offices including CCM offices since CCM policies and manifestos are totally incompatible with treasonous acts.
14. Thus, these members of the state house, the parliament, the CCM central committee (CC) and CCM National Executive committee (NEC) have to quit public offices either willingly or forcibly.
Now, our polite question; Within the limits of your abundant professorial wisdom, what do you think about the validity and soundness of this argument Professor Kitila Alexander Mkumbo?
Since you are a professorial critical thinker and a good man who has always promoted public dialogues and debates, since when you were our DARUSO President, we hope that you will take this engagement positively, and advise the President, the Prime minister, and others accordingly.
The so called "public education" currently being provided by the Prime Minister, Majaliwa Kassim Majaliwa, and several misguided celebrities is no "public education" at all but "public miseducation." It is a combination of misinformation, disinformation, and malinformation. It is an unwarranted epistemic injustice to the public which is against human dignity. It should stop today.
Thanking you in advance prof!
