Battle: Dar es Salaam vs Nairobi

Battle: Dar es Salaam vs Nairobi

Tanzania challenges $110 million award to Indiana Resources
Sunday, July 30, 2023

Attorney General, Dr Eliezer Feleshi. PHOTO | FILE

By Kelvin Matandiko
Mwandishi wa habari
Mwananchi
Summary
Some commentators supported the move by the government of Tanzania to seek annulment of the award, which recently attracted debate over local resources.

Dar es Salaam. The government has challenged an order to pay nearly $109.5 million to a foreign nickel mining firm that claimed costs over legislation that revoked its project licence.

A World Bank tribunal, the International Centre for Settlement of Investment Disputes (ICSID), recently ordered Tanzania to pay the money to Indiana Resources and other claimants as compensation for a breach of obligation.

The tribunal delivered its award on July 14, 2023, and Tanzania was ordered to pay compensation of more than $109.5 million (including interest already accrued) to the claimants for the cancellation of the nickel mining retention licence.

National 58 min ago
Attorney General Eliezer Feleshi confirmed yesterday that the application for annulment of the award and request for a stay of enforcement of the award had already been filed.

In a letter dated July 28, the Secretary-General of the ICSID, Meg Kinnear, notified the case parties that the Centre registered the application for annulment of the award filed by the United Republic of Tanzania.

“The Secretary-General registers an application for annulment of the award filed by the United Republic of Tanzania and notifies the parties of the provisional stay of enforcement of the award,” the ICSID letter reads in part.

Solicitor General Boniphace Luhende said the application for a stay of the court decision’s enforcement is aimed to protecting the government’s aircraft, which might be seized in connection with the award.

Dr Luhende said the government has about 15 reasons that it will present before the judges to justify the annulment.

“Unfortunately, we cannot divulge more details, but we are ready to fight against the award,” he said.

In addition to Indiana, a 62.4 percent shareholder of the combined holdings of Ntaka Nickel Holdings Ltd, other claimants include Nachingwea UK Ltd, and Nachingwea Nickel Ltd.

On April 21, 2015, Tanzania issued a Retention licence for the Project, covering the same area as the Ntaka Hill Prospecting licence, for a period of 5 years.

In July 2017, the Government of Tanzania amended the Mining Act 2010 by, inter alia, abolishing the legislative basis for the Retention licence classification with no replacement classification.

On January 10, 2018, Tanzania published the Mining (Mineral Rights) Regulations 2018, which made it clear that all Retention Licences no longer existed and that the underlying rights over all areas under Retention Licences, including the Retention Licence held for the project, reverted to the Government of Tanzania.

During the period from January 2018 to December 2019, the company actively engaged with the Tanzanian Minister for Minerals and the Mining Commission in an effort to resolve a suitable tenure mechanism for the project licence to be reinstated.

Some commentators supported the move by the government of Tanzania to seek annulment of the award, which recently attracted debate over local resources.

Former general secretary of the National Union of Mine and Energy Workers of Tanzania (Numet), Mr Nicomedes Kajungu, said there is now hope that the government may win against the firms, which he said were holding the mining blocks without development.

“The government had noted that some investors conducted exploration and collected the mineral data but held the land without developing it. That’s why it decided to revoke the licences,” he said.

“Some companies sold the mineral data at a high cost while the government gained nothing,” he added.

Other observers who reacted to the issue advised the government to initiate dialogue with the investors who are already in disputes with Tanzania to avoid damaging awards in the future.

According to the Tanzania Trade and Investment Coalition (Tatic), which analyses international trade treaties, the government has signed 20 bilateral investment treaties between 1965 and 2019, of which others are ongoing.

Until yesterday, Tanzania lost five cases related to the bilateral investment treaties.

These include the agreements with Sweden (2022), The Netherlands (2021), and England and Northern Ireland (2008).

Two other cases involving Canada are awaiting decisions by the international tribunal.

On July 20, UK real estate developer Pennyroyal Limited filed another case over a terminated lease for a Zanzibar resort project.

The government has confirmed that it has started paying compensations worth $165 million to Eco Energy Group, which won its case against Tanzania. The government had revoked the company’s ownership of 20,400 hectares of sugar plantations.



MY TAKE
Madudu ya Magufuli!
 
Haya lia sasa 🤣🤣🤣🤣🤣 dume zima una wivu

Punguza kiherehere hua nakwambia siku zote, aliechapisha hio picha wakwanza mwenyewe anasema huyo sio Putin.

However, there is no evidence either from Russian or African records of Mr Putin, who was born in 1952, having been to the continent during the 1970s.
Mr Putin's profile on the Kremlin website shows that he was studying at the Leningrad State University at the time, and graduated in 1975.
Also outside training offered to Mozambican freedom fighters in camps in Tanzania was largely conducted by Chinese instructors, not Soviet ones.
And Mr Mnangagwa could not have been in Tanzania in 1973 as he was arrested in 1965 and imprisoned for 10 years by the white-minority government in then Rhodesia.

Mozambican author Renato Matusse used the photo in his 2018 book, where he says it shows Mr Machel with Soviet military advisers touring a military facility near the country's capital Maputo in the mid-1980s.
But he says it's clear that Mr Putin is not the man in question.
Mr Putin was working as a KGB agent in East Germany between 1985 and 1990 and early on would have been a low-ranking officer, which makes it highly unlikely that he would have been a leading member of such a delegation.
There is also no mention of him having visited Mozambique by the Kremlin, or in any of his biographies.
Georgi Derluguian, who worked as a Portuguese-Russian interpreter in the 1980s, and is now a professor at New York University Abu Dhabi, says the claim that the man in the photo is Mr Putin "is a joke".
He says the boots worn indicate the person is a military man, while Mr Putin was an intelligence officer. The appearance is also more like that of an older Mr Putin.



 
Ww na world bank nani mjuaji zaidi 🤣🤣🤣


Nataka ujue kwamba Tanzania is 3 times worse than Zimbabwe. Puga🤣🤣🤣🤣🤣🤣

As of 2022, nearly 26 million people in Tanzania lived in extreme poverty, with the poverty threshold at 1.90 U.S. dollars a day. Roughly 100,000 people were pushed into poverty compared to 2021, possibly a remaining effect of the coronavirus (COVID-19) pandemic.
 
Nataka ujue kwamba Tanzania is 3 times worse than Zimbabwe. Puga🤣🤣🤣🤣🤣🤣

As of 2022, nearly 26 million people in Tanzania lived in extreme poverty, with the poverty threshold at 1.90 U.S. dollars a day. Roughly 100,000 people were pushed into poverty compared to 2021, possibly a remaining effect of the coronavirus (COVID-19) pandemic.
🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣 wacha nicheke yani kuambiwa zimbabwe wanaafadhali pamoja na infalation ya 101%

Naona umekuja kumwaga povu la kwenda mbona haikutajwa tanzania ikatajwa kenya au world bank ni wajinga 😅😅😅😅😅

 
Punguza kiherehere hua nakwambia siku zote, aliechapisha hio picha wakwanza mwenyewe anasema huyo sio Putin.

However, there is no evidence either from Russian or African records of Mr Putin, who was born in 1952, having been to the continent during the 1970s.
Mr Putin's profile on the Kremlin website shows that he was studying at the Leningrad State University at the time, and graduated in 1975.
Also outside training offered to Mozambican freedom fighters in camps in Tanzania was largely conducted by Chinese instructors, not Soviet ones.
And Mr Mnangagwa could not have been in Tanzania in 1973 as he was arrested in 1965 and imprisoned for 10 years by the white-minority government in then Rhodesia.

Mozambican author Renato Matusse used the photo in his 2018 book, where he says it shows Mr Machel with Soviet military advisers touring a military facility near the country's capital Maputo in the mid-1980s.
But he says it's clear that Mr Putin is not the man in question.
Mr Putin was working as a KGB agent in East Germany between 1985 and 1990 and early on would have been a low-ranking officer, which makes it highly unlikely that he would have been a leading member of such a delegation.
There is also no mention of him having visited Mozambique by the Kremlin, or in any of his biographies.
Georgi Derluguian, who worked as a Portuguese-Russian interpreter in the 1980s, and is now a professor at New York University Abu Dhabi, says the claim that the man in the photo is Mr Putin "is a joke".
He says the boots worn indicate the person is a military man, while Mr Putin was an intelligence officer. The appearance is also more like that of an older Mr Putin.



So hutak kukubali au unakaidi au ni vip?🤣🤣🤣
 
Nataka ujue kwamba Tanzania is 3 times worse than Zimbabwe. Puga🤣🤣🤣🤣🤣🤣

As of 2022, nearly 26 million people in Tanzania lived in extreme poverty, with the poverty threshold at 1.90 U.S. dollars a day. Roughly 100,000 people were pushed into poverty compared to 2021, possibly a remaining effect of the coronavirus (COVID-19) pandemic.
Hahaha je utapenda au??🤣🤣🤣🤣
20230730_155938.jpg
 
Nataka ujue kwamba Tanzania is 3 times worse than Zimbabwe. Puga🤣🤣🤣🤣🤣🤣

As of 2022, nearly 26 million people in Tanzania lived in extreme poverty, with the poverty threshold at 1.90 U.S. dollars a day. Roughly 100,000 people were pushed into poverty compared to 2021, possibly a remaining effect of the coronavirus (COVID-19) pandemic.
Ile zimbabwe yenye afadhali ina infalation ya 256% 🤣🤣🤣👇👇👇 world bank
20230730_160120.jpg
 
Kijana wangu ChoiceVariable waambie hawa jamaa zako waache upuuzi, kwanza sijui namba na majina yangu wameyatoa wap? Na wasilazimishe kukubaliana na matakwa yao. Afu hii mbinu walioitumia kuwalazimisha watu ndo inazid kumwangusha mama.
Chema chajiuza, kibaya chajitembeza!
View attachment 2702519
Hili suala la bandari naliona kama liko katika makundi 3.

Mosi,ni wale wanaotaka bandari ibinafsishwe ambao hawa ni serikali na wawakilishi wa Wananchi kwa kigezo kwamba Serikali itapata mapato mengi na kutekeleza bajeti yake kwa urahisi. Trillion 26 kwa mwaka badala ya trilion 7 za sasa hivi.

Pili,hawa ni wapinzani, wanaharakati, baadhi ya wafanyakazi na wenye maslahi na bandari. Hawa wanaona kwamba kazi zao au ulaji wao utapotea. Hapa hapa naweza kusema wapo pia washindani wetu(wivu) labda wanaona kama nchi itapata pesa nyingi na kupiga hatua kubwa za kimaendeleo.

Tatu,ni kundi la Wananchi wasiofahamu kitu chochote kinachoendelea wao wanaenda na upepo tu na kulishwa maneno na wale wanaowaamini (Viongozi wao,wa dini na wa kisiasa),Pia kwenye hili kundi kuna wazalendo wa kweli ambao wanaamua kuusimamia ukweli, wanaujua haswaa, kazi yao ni kutuzindua sisi wananchi tusiojua mambo ya sheria na mikataba ya kimataifa.

Sasa haya makundi 2 ,yaani kundi la kwanza na la pili yanatafuta ushawishi wa kuungwa mkono na kundi la tatu. Kwanini?

Najiuliza maswali kadhaa.
1.Kwanini inatumika nguvu kubwa kutuaminisha kwamba mkataba ni mzuri na una faida kwa nchi ikiwa lengo lake ni zuri?

2.Kama mkataba siyo mbovu kwanini kuna watu wanaupinga kwamba haufai kutekelezwa?Serikali itoe majibu na siyo vitisho.

3.Hivi kama bandari ingekuwa imechukuliwa na wazungu ,je kungeibuka upinzani wa namna hii?

4.Mzee Bujiku ana wasiwasi na huu mkataba na anasema ulishasainiwa tangu mwakani, sasa mzee kama huyu ina maana hana taarifa zisizo sahihi wakati amewahi kukaa Ikulu.?Yeye kama hana imani na huu mkataba je sisi wananchi wa kawaida tumuamini nani?

5.Hawa wanaharakati waliwahi kutuaminisha kwamba Ujenzi wa SGR,JNHP DAM,Sheria ya Madini, Ujenzi wa Mji Dodoma,EACOP hii miradi haifai kabisa kutekelezwa lakini hapo hapo leo hii wanaisifu kuwa ni miradi ya kujivunia hapa nchini.

Tuamini Lipi,Tumuamini nani?.

Ushauri wangu.

Serikali huwa haikurupuki.Ifanye maamuzi yenye busara ili kuondoa migongano kwa Taifa letu. Kama mradi huu wa Uwekezaji una faida badala ya hasara ni bora ikaachana na watu wanaopotosha na badala yake iendelee na hatua inayofuata.

Tunavyozidi kusita sita ndivyozidi kujichelewesha maana huwezi kumridhisha kila mtu matakwa yake.

Kama kuna pa kurekebisha parekebishwe kama ni kusitisha hewalaa hakuna ubaya, kuanza upya si ujinga.
 
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