ngoshwe
JF-Expert Member
- Mar 31, 2009
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- 951
THE Director of Public Prosecution (DPP), Biswalo Mganga, has refuted claims published by some local and foreign media, including Acacia Gold Mining Company's website that his office took to court officials of three mining companies due to pressure exerted by higher authorities.
Mr Mganga, speaking to reporters here yesterday, noted that his office had filed a case at Kisutu Resident Magistrate Court for three officials after being satisfied with evidence obtained over crimes which the accused committed in separate times.
"It should be noted that the Office of DPP does not execute its duties due to pressure or influence, but it carries out its responsibilities based on the Constitution," said the DPP.
According to Mr Mganga, the accused persons namely Deo Mwanyika who is former President of North Mara Gold Mining, a subsidiary company of Acacia Mining Limited, Alex Lugendo and Asa Mwaipopo were taken to court on October 17 and 18.
Before the Kisutu Resident Magistrate's Court, Mwanyika faced 39 counts in transactions involving over 10trl/-. He is charged together with the North Mara Gold Mining company.
The companies that are also accused in the trial are: Pangea Minerals Limited, Exploration Minieres Du Nord LTEE and Bulyanhulu Gold Mine Limited.
HERE ARE SOME OF COMPANIES INVOLVED IN THE CORRUPTION SCAM
CORPORATE INFORMATION (CONTINUED)
The counts are: conspiracy to commit offences, leading organised crime, forgery, uttering false documents, corrupt transactions, tax evasion of 918,464,427 US dollars (about 1,8tril/-) and money laundering totaling 3,791,194,540 US dollars (about 7.4tril/-).
Before Senior Resident Magistrate Kelvin Mhina, the two individuals, who were in court, were not allowed to enter plea because the charges against them fall under the Economic and Organised Crime Control Act.
The Magistrate said the case will be tried by the Economic, Corruption and Organised Crime Division of the High Court.
He, therefore, ordered the accused to be remanded in custody until October 31, 2018, because the money laundering offences are not bailable.
According to the Magistrate, the case will be mentioned on October 31, 2018. The prosecution led by Principal State Attorney Faraja Nchimbi, Senior State Attorney Shadrack Kimaro and State Attorney Jacqueline Nyantori, said investigations were not complete.
The defence team, led by Advocate Hudson Ndusyepo, submitted that since the court lacked jurisdiction to entertain the trial, the prosecution should expedite the investigations into the matter, so that justice to their clients is determined by the competent court in time.
Flanked by Advocate Gasper Nyika, Mr Ndusyepo was of the view that since there was no dispute that the accused could not get bail, pending trial due to the nature of the offences they are charged with, the prosecution should not use that position as a basis to keep their clients in remand endlessly.
Prosecuting, the trial attorneys told the court that the accused committed the offences between April 2004 and July 2018 at various places in Dar es Salaam, Shinyanga, Mara and Kagera in Tanzania and various places in South Africa, Canada, in Barbados Island and in United Kingdom (UK).
Within the same period and places, Mwanyika and Lugendo with other persons not in court are alleged to have knowingly furnished assistance in the management of business of a criminal racket, with intent to reap profits or other benefits.
The accused are charged with forging two loan agreements and a loan confirmation statement purporting Pangea Mineral Limited agreed to borrow 90 million US dollars with interests from Barrick International Bank Corp and Exploration Minieres Du Nord LTEE.
It was further alleged that the accused also purported to show that Exploration Minieres Du Nord LTEE secured a loan amounting to 6,744,974.62 US dollars from the bank, while they knew such transaction was false.
Mwanyika and Lugendo allegedly forged a loan amortisation schedule between Bulyanhulu Company and the Bank, purportedly showing the company had secured a non-interest bearing loan amounting to 416,100,000 US dollars. Mwanyika allegedly presented the document to the Bank of Tanzania.
The court heard that the accused forged three other documents titled "Toto-Structuring update 12," purporting that Pangea, Bulyanhulu and North Mara companies secured loans of 339,853,226.81; 752,635,464 and 374,243,943 US dollars, respectively, from the Bank.
1. 1816962 Ontario Inc Holding Company Canada
2. Acacia Mining Plc
3. Acacia Mining Pty (South Africa)
4. African Barrick Gold plc UK
5. Aptian Resources Tanzania
6. BAPL Holding Company Ltd Mauritius
7. Barbados Finance Company (Barbados)
8. BarbCo One Ltd Group Finance Company Barbados
9. Barisun Exploration Ltd Exploration Tanzania
10. Barrick (PD) Australia Limited (Australia)
11. Barrick Africa (Proprietary) Ltd Shared Services South Africa
12. Barrick Africa (Pty) Ltd (South Africa)
13. Barrick Exploration Africa Ltd ("BEAL") Exploration Tanzania
14. Barrick Gold Corporation (Canada)
15. Barrick International Bank Corp (Barbados)
16. Barrick Tanzanian Holdings Ltd Exploration Cayman Islands
17. Barrick Tanzanian Holdings Ltd. (Cayman)
18. BUK Hold Co. Ltd Holding Company UK
19. Bulyahulu (Holding Pty) Ltd
20. Bulyanhulu Gold Mine Ltd (Operating Gold Mine Tanzania)
21. CayCoTz Ltd Holding Company Cayman Islands
22. East Africa Gold Mines Ltd (Tanzania)
23. East African Gold Mines Limited (Australia)
24. East African Investment Pty. Ltd. (Australia)
25. IDG Aurum (Holding) Limited
26. IDG Aurum Tanzania Limited
27. IDG Kitongo Tanzania Limited
28. Itobo Exploration Ltd Exploration Tanzania
29. Kabanga Nickel Company Limited
30. Kagera Mining Limited
31. Kasubuya Gold Exploration Ltd
32. KMCL Holdings Ltd Exploration Cayman Islands
33. MDN Inc. (Formerly Northern Mining Explorations Ltd.)
34. Maiden Gold Tanzania Ltd
35. Matinje Exploration Ltd Exploration Tanzania
36. Mkumi Exploration Ltd Exploration Tanzania
37. Mulehe River Exploration Ltd
38. North Mara Gold Mine Ltd ( Operating Gold Mine Tanzania )
39. Nyanzaga Exploration Ltd Exploration Tanzania
40. Ontario Inc Holding Company Canada
41. Pangea Fenn-Gib Ltd. (Ontario)
42. Pangea Goldfields Inc. (Canada)
43. Pangea Goldfields Inc. Holding Company (Canada)
44. Pangea Minerals Ltd ( Operating Gold Mine Tanzania)
45. PDG Aureate Limited (Mauritius)
46. PDG Bank Limited (Barbados)
47. PGI Acquisitions Inc. (Canada)
48. Placer PGM Investments Limited (Mauritius)
49. Prime Gold Exploration Ltd (Tanzania)
50. Sekenke Exploration Ltd (Tanzania)
51. Sheba Exploration Ltd (Tanzania)
52. Shenda Exploration Ltd (Tanzania)
53. Vulcan Resources Tanzania Limited
Mr Mganga, speaking to reporters here yesterday, noted that his office had filed a case at Kisutu Resident Magistrate Court for three officials after being satisfied with evidence obtained over crimes which the accused committed in separate times.
"It should be noted that the Office of DPP does not execute its duties due to pressure or influence, but it carries out its responsibilities based on the Constitution," said the DPP.
According to Mr Mganga, the accused persons namely Deo Mwanyika who is former President of North Mara Gold Mining, a subsidiary company of Acacia Mining Limited, Alex Lugendo and Asa Mwaipopo were taken to court on October 17 and 18.
Before the Kisutu Resident Magistrate's Court, Mwanyika faced 39 counts in transactions involving over 10trl/-. He is charged together with the North Mara Gold Mining company.
The companies that are also accused in the trial are: Pangea Minerals Limited, Exploration Minieres Du Nord LTEE and Bulyanhulu Gold Mine Limited.
HERE ARE SOME OF COMPANIES INVOLVED IN THE CORRUPTION SCAM
CORPORATE INFORMATION (CONTINUED)
The counts are: conspiracy to commit offences, leading organised crime, forgery, uttering false documents, corrupt transactions, tax evasion of 918,464,427 US dollars (about 1,8tril/-) and money laundering totaling 3,791,194,540 US dollars (about 7.4tril/-).
Before Senior Resident Magistrate Kelvin Mhina, the two individuals, who were in court, were not allowed to enter plea because the charges against them fall under the Economic and Organised Crime Control Act.
The Magistrate said the case will be tried by the Economic, Corruption and Organised Crime Division of the High Court.
He, therefore, ordered the accused to be remanded in custody until October 31, 2018, because the money laundering offences are not bailable.
According to the Magistrate, the case will be mentioned on October 31, 2018. The prosecution led by Principal State Attorney Faraja Nchimbi, Senior State Attorney Shadrack Kimaro and State Attorney Jacqueline Nyantori, said investigations were not complete.
The defence team, led by Advocate Hudson Ndusyepo, submitted that since the court lacked jurisdiction to entertain the trial, the prosecution should expedite the investigations into the matter, so that justice to their clients is determined by the competent court in time.
Flanked by Advocate Gasper Nyika, Mr Ndusyepo was of the view that since there was no dispute that the accused could not get bail, pending trial due to the nature of the offences they are charged with, the prosecution should not use that position as a basis to keep their clients in remand endlessly.
Prosecuting, the trial attorneys told the court that the accused committed the offences between April 2004 and July 2018 at various places in Dar es Salaam, Shinyanga, Mara and Kagera in Tanzania and various places in South Africa, Canada, in Barbados Island and in United Kingdom (UK).
Within the same period and places, Mwanyika and Lugendo with other persons not in court are alleged to have knowingly furnished assistance in the management of business of a criminal racket, with intent to reap profits or other benefits.
The accused are charged with forging two loan agreements and a loan confirmation statement purporting Pangea Mineral Limited agreed to borrow 90 million US dollars with interests from Barrick International Bank Corp and Exploration Minieres Du Nord LTEE.
It was further alleged that the accused also purported to show that Exploration Minieres Du Nord LTEE secured a loan amounting to 6,744,974.62 US dollars from the bank, while they knew such transaction was false.
Mwanyika and Lugendo allegedly forged a loan amortisation schedule between Bulyanhulu Company and the Bank, purportedly showing the company had secured a non-interest bearing loan amounting to 416,100,000 US dollars. Mwanyika allegedly presented the document to the Bank of Tanzania.
The court heard that the accused forged three other documents titled "Toto-Structuring update 12," purporting that Pangea, Bulyanhulu and North Mara companies secured loans of 339,853,226.81; 752,635,464 and 374,243,943 US dollars, respectively, from the Bank.
ACACIA AFFILIATED COMPANIES HAVING OPERATIONAL LINK IN TANZANIA
1. 1816962 Ontario Inc Holding Company Canada
2. Acacia Mining Plc
3. Acacia Mining Pty (South Africa)
4. African Barrick Gold plc UK
5. Aptian Resources Tanzania
6. BAPL Holding Company Ltd Mauritius
7. Barbados Finance Company (Barbados)
8. BarbCo One Ltd Group Finance Company Barbados
9. Barisun Exploration Ltd Exploration Tanzania
10. Barrick (PD) Australia Limited (Australia)
11. Barrick Africa (Proprietary) Ltd Shared Services South Africa
12. Barrick Africa (Pty) Ltd (South Africa)
13. Barrick Exploration Africa Ltd ("BEAL") Exploration Tanzania
14. Barrick Gold Corporation (Canada)
15. Barrick International Bank Corp (Barbados)
16. Barrick Tanzanian Holdings Ltd Exploration Cayman Islands
17. Barrick Tanzanian Holdings Ltd. (Cayman)
18. BUK Hold Co. Ltd Holding Company UK
19. Bulyahulu (Holding Pty) Ltd
20. Bulyanhulu Gold Mine Ltd (Operating Gold Mine Tanzania)
21. CayCoTz Ltd Holding Company Cayman Islands
22. East Africa Gold Mines Ltd (Tanzania)
23. East African Gold Mines Limited (Australia)
24. East African Investment Pty. Ltd. (Australia)
25. IDG Aurum (Holding) Limited
26. IDG Aurum Tanzania Limited
27. IDG Kitongo Tanzania Limited
28. Itobo Exploration Ltd Exploration Tanzania
29. Kabanga Nickel Company Limited
30. Kagera Mining Limited
31. Kasubuya Gold Exploration Ltd
32. KMCL Holdings Ltd Exploration Cayman Islands
33. MDN Inc. (Formerly Northern Mining Explorations Ltd.)
34. Maiden Gold Tanzania Ltd
35. Matinje Exploration Ltd Exploration Tanzania
36. Mkumi Exploration Ltd Exploration Tanzania
37. Mulehe River Exploration Ltd
38. North Mara Gold Mine Ltd ( Operating Gold Mine Tanzania )
39. Nyanzaga Exploration Ltd Exploration Tanzania
40. Ontario Inc Holding Company Canada
41. Pangea Fenn-Gib Ltd. (Ontario)
42. Pangea Goldfields Inc. (Canada)
43. Pangea Goldfields Inc. Holding Company (Canada)
44. Pangea Minerals Ltd ( Operating Gold Mine Tanzania)
45. PDG Aureate Limited (Mauritius)
46. PDG Bank Limited (Barbados)
47. PGI Acquisitions Inc. (Canada)
48. Placer PGM Investments Limited (Mauritius)
49. Prime Gold Exploration Ltd (Tanzania)
50. Sekenke Exploration Ltd (Tanzania)
51. Sheba Exploration Ltd (Tanzania)
52. Shenda Exploration Ltd (Tanzania)
53. Vulcan Resources Tanzania Limited
