Biwater Yatoka patupu

[Pundit]

Uamuzi wa kutoipa fidia kampuni ya Biwater baada ya "kutaifishwa mali kinyume cha sheria" unatuma ujumbe mbaya kwa jumuiya ya kimataifa ya wawekezaji, limeripoti hazeti la Global Water Intelligence (GWI)

Katika mazungumzo yake na GWI, CEO wa Biwater Larry Magor anaongelea matokeo hayo ambapo International Centre for the Settlement of Investment Disputes (ICSID) imekataa madai ya fidia ya dola za kimarekani milioni 20 kutoka serikali ya Tanzania baada ya kusitishwa mkataba wake wa kuendesha mradi wa maji mjini Dar-res-salaam mnamo mwaka 2005


Habari zaidi soma GWI

 

[LazyDog]

(Only subscribers may see the entire article)


Kupitia google nimeona hiki kipande,

There is also the question of whether Biwater will pay the £3 million plus £500000 in costs that Tanzania was awarded in January 2008 in a separate case...

Anyway, the story from other sources,

Biwater fails in Tanzanian damages claim

A British water company thrown out of Tanzania over a bungled privatisation deal has failed in its bid to win up to £10m in damages.

The Guardian, UK
By Xan Rice, Nairobi
28 July 2008

A British water company thrown out of Tanzania over a bungled privatisation deal has failed in its bid to win up to £10m in damages.

Biwater, whose local management team was deported from Dar es Salaam in 2005, took Tanzania's government to the World Bank's business tribunal in 2006, arguing that its assets had been expropriated and its contract illegally terminated.

The claim outraged anti-poverty campaigners who say the privatisation contract was forced on Tanzania, and accused the Biwater-led consortium, known as City Water, of performing worse than the state-run utility it replaced.

The International Centre for the Settlement of Investment of Disputes (ICSID) ruled on Friday that Tanzania's government had violated its bilateral investment treaty with the UK by expelling City Water.

But the Hague-based tribunal said there were no damages to award as the company's value was "nil" at the time of expropriation. Both parties were liable for their own legal costs - running into millions of pounds - and for the cost of arbitration, the judges ruled.

The UK-based World Development Movement, which campaigns against water privatisation deals in poor countries, described the verdict as "a good day for the people of Tanzania". In a statement, Biwater director Larry Magor said: "The rationale [not to award damages] is hard to fathom."

Biwater was awarded the licence to run Dar es Salaam's water and sewage service from 2003, following heavy pressure from the World Bank and the International Monetary Fund, which made debt relief and further loans to Tanzania contingent on the sell-off of state-run organisations.

The UK government backed the privatisation push with nearly £10m in support, including £440,000 on a publicity campaign to highlight the benefits of private enterprise.

But City Water, which also included a German engineering company and a Tanzanian investor, soon found itself in trouble. It was collecting less revenue than the former government-owned utility, and could not meet performance targets.

The company demanded its operating fee be increased, but reports by independent consultants rejected its arguments. Internal World Bank reports were also highly critical of City Water's performance.

With the public angered by sharply higher water prices but little improvement in supply, Tanzania unilaterally cancelled City Water's contract in May 2005, and deported its three top executives, all Britons.

"The Tanzanian water privatisation project was a scandal right from the beginning," said Vicky Cann of the World Development Movement. "It's absolutely right that this court has found that Tanzania owes Biwater nothing, but shocking that Biwater saw fit to drag the government of such a poor country through the courts in the first place."

ICSID's 250-page ruling showed that while Biwater publicly denied culpability for City Water's poor performance at the time, its executives were aware of the company's shortcomings.

"Our City Water staffing was totally with non-Biwater staff with a weak leader, no clear experience or qualified business plan," wrote Adrian White, a former BBC governor, who holds the majority stake in Biwater, early in 2005.

"No professionally installed accounting and corporate governance and an overall corporate failure all the way to Dorking [Biwater's headquarters]".

Biwater, which said it invested £7m in City Water, pointed out that one of the three judges issued a dissenting opinion and said the decision not to award damages "sent an extremely negative message to the international investment community".

In a separate case earlier this year, the arbitration panel of the United Nations Commission on International Trade Law, based in London, found in favour of the Tanzanian government.

The tribunal ordered City Water to pay £3m in damages to Tanzania, and £500,000 towards legal costs. But Biwater said today the money would not be paid, and that the Tanzanian should reflect "on the million of dollars squandered by their government" in pursuing the earlier case.

"Since City Water is, for all practical purposes, defunct, has no functioning board and no assets, the action was completely pointless," Biwater said.​

Ni ushindi kwa Tanzania iwapo hiyo "£3m in damages" tutalipwa. Tofauti na hapo tutambue kwamba tumekula hasara, achilia mbali kwamba nusra tuule wa chuya.

Biwater Response to Outcome of ICSID Arbitration
28 July 2008

Biwater(1) is pleased that an ICSID Arbitral Tribunal(2) has upheld its claim that the Government of Tanzania broke the terms of the Bilateral Investment Treaty (BIT) between the UK and Tanzania on four separate counts....

.

 

[Fisadi Mtoto]

Uamuzi wa kutoipa fidia kampuni ya Biwater baada ya "kutaifishwa mali kinyume cha sheria" unatuma ujumbe mbaya kwa jumuiya ya kimataifa ya wawekezaji, limeripoti hazeti la Global Water Intelligence (GWI)

Katika mazungumzo yake na GWI, CEO wa Biwater Larry Magor anaongelea matokeo hayo ambapo International Centre for the Settlement of Investment Disputes (ICSID) imekataa madai ya fidia ya dola za kimarekani milioni 20 kutoka serikali ya Tanzania baada ya kusitishwa mkataba wake wa kuendesha mradi wa maji mjini Dar-res-salaam mnamo mwaka 2005


Habari zaidi soma GWI

Hongera Lowasa hii ilikuwa ni moja ya kazi yako nzuri.Tutakukumbuka daima kama kiongozi bora wa tanzania mwenye kuthubutu kufanya maamuzi

 

[Game Theory]

Uamuzi wa kutoipa fidia kampuni ya Biwater baada ya "kutaifishwa mali kinyume cha sheria" unatuma ujumbe mbaya kwa jumuiya ya kimataifa ya wawekezaji, limeripoti hazeti la Global Water Intelligence (GWI)

Katika mazungumzo yake na GWI, CEO wa Biwater Larry Magor anaongelea matokeo hayo ambapo International Centre for the Settlement of Investment Disputes (ICSID) imekataa madai ya fidia ya dola za kimarekani milioni 20 kutoka serikali ya Tanzania baada ya kusitishwa mkataba wake wa kuendesha mradi wa maji mjini Dar-res-salaam mnamo mwaka 2005


Habari zaidi soma GWI

Surprisingly no one talks about how DFID and British embassy in Dar es alaam pressurised our govt to go for this

I hope the so called wachunguzi wa JF watalifuatilia hili

On a flip side whats up P??

 

[Keykey]

Hongera Lowasa hii ilikuwa ni moja ya kazi yako nzuri.Tutakukumbuka daima kama kiongozi bora wa tanzania mwenye kuthubutu kufanya maamuzi

Kwa hili Lowassa tunamkubali ingawa wawekezaji wababaishaji wako wengi na hatukuona akichukua hatua kama hizi alipokuwa ofisini.

 

[LazyDog]

Hongera Lowasa hii ilikuwa ni moja ya kazi yako nzuri.Tutakukumbuka daima kama kiongozi bora wa tanzania mwenye kuthubutu kufanya maamuzi

I don't know about that.
He could have done it better badala ya kukurupuka na kufanya papara.

Who knows, pengine walimrusha mshiko wake.



.

 

[Madela Wa- Madilu]

Tuvionavyo si vyote viwezavyo kuonekana.
Ukweli kwamba hatuoni chochote si ushahidi kwamba hakuna cha kuonwa katika uelekeo wa macho yetu.

Vile vile si kweli kwamba kila jambo zuri hufanywa kwa nia njema.
Uovu mdogo mara nyingi hupigwa vita kwa ukali uzidio kipimo huku ukishangiliwa kwa ndelemo na vifijo, kisha uovu mkubwa mno ajabu husimikwa kwa vishindo kuchukua nafasi ya uovu mdogo huku ukilindwa kwa sheria na kubebwa na vyombo vyote vya dola na kuudumisha.

Mbweha wakivaa suti za manyoya ya kondoo kiumiacho ni kondoo wenyewe; watatafunwa kwa kila kisingizio na bila huruma yeyote. Vichwa, miili, mikia, kwato hadi manyoya yao kamwe hayawezi kuhimili vishindo vya makucha na meno ya mbweha.
Mbweha katikati ya kundi la kondoo ana makusudio yenye umoja,kuua, kutafuna, kuharibu na kusambaratisha kondoo wote.

Mbweha haanzi kuwa mbweha ukubwani, alitungwa mimba akiwa mbweha, akazaliwa mbweha, anaishi akiwa mbweha halisi na atakufa mbweha na mkia wake.
Kivazi hakimfanyi mbweha kuwa kondoo.

Tuonayo si yote yawezayo kuonekana kwa macho yetu.

 

[Pundit]

Surprisingly no one talks about how DFID and British embassy in Dar es alaam pressurised our govt to go for this

I hope the so called wachunguzi wa JF watalifuatilia hili

On a flip side whats up P??

Nada,

Just watching Kikwete watchers, dissapointed in the fact that they are still dissapointed, as if they expected any better.

Going through the new Ron Suskind and picking up juzuu two of Solzhenitsyn's Archipelago, sorta paying dues, while eyeing the reasonably slender Kemal Ataturk, hopefully will get to McArthur before Im too deep in some Norwegian blondes or the vagaries of the fall.

Hope you will liven this b.i some more, been kinda lame with that usual monotonous copy paste drawl lately.

We need a Carnival up in here.

And haters, before y'all pontificate that The Pundit is flossing too much, remember, it's Friday folks.

 

[Fisadi Mtoto]

Makampuni haya yanasajiliwa kwa uwezaji wa viongozi na wananchi wengi kwa hio jukumu la kubadilika ni la wananchi wote wa tanzania na siyo viongozi peke yake.

 

[oldisgold]

hi ilikuwa dili la jamaa wasuperdoll/