’It’s too early to say anything at the moment...’


JF-Expert Member
Feb 11, 2007
What are you waiting for? When will you be ready to say anything? :confused: two years, three years or 10 years? These inefficient officials they don't deserve to be in those important positions!
AG on legal focus of BoT crackdown

HIGH-POWERED TRIO: (Top left to right) PCCB boss Hosea, AG Mwanyika, and IGP Mwema (bottom)
-On possible Ballali extradition: 'It's too early to say anything at the moment...'

Dar es Salaam

Attorney General Johnson Mwanyika, who is leading a high-level investigation into who exactly was involved in the latest, 133bn/- Bank of Tanzania (BoT) embezzlement scandal, has pinpointed at least three pieces of legislation being used to guide the ongoing probe.

Speaking to THISDAY in an interview in his Dar es Salaam office, Mwanyika said the Proceeds of Crime Act of 1991, the Anti Money Laundering Act of 2006, and the Prevention and Combating of Corruption Act of 2007 were amongst several laws singled out as being important to the work in progress.

All three laws cited by the AG have routinely been used by national authorities to fight organised crime and facilitate both the deportation of suspects and recovery of stolen public funds.

For example, Section 40 (1) of the Prevention and Combating of Corruption Act of 2007 gives authorities the power to freeze the assets of suspects charged or about to be charged with corruption or any other related offences.

Under such circumstances, the Director of Public Prosecutions (DPP) may ask the courts to order the attachment of money and other property owned or held on behalf of key suspects.

The courts can also issue orders to prohibit suspects from transferring, pledging or disposing of any money or other property so attached.

And under the Proceeds of Crime Act, the AG can also apply for an order of forfeiture against any property used in the commission of the offence involved.

AG Mwanyika was on January 8 appointed by President Jakaya Kikwete to head a special, high-powered team to further investigate and take relevant legal action against all companies and individuals involved in the looting of over 133bn/- from the BoT's external payment arrears account.

The three-man team also includes the nation's top two official crime-busters; the Inspector General of Police, Saidi Mwema, and the Director General of the Prevention and Combating of Corruption Bureau (PCCB), Edward Hosea.

The president also directed the trio to track down all the illegal payments made from the EPA account during 2005/06, and take steps to recover the funds so embezzled. He gave them a six-month timeline to conclude the exercise.

Although Mwanyika declined to go into details about the ongoing investigation, he said it was already well underway under ''the terms of reference announced by State House.''

When asked directly by THISDAY if any moves have so far been made to deport former BoT governor Daudi Ballali back to the country as part of the exercise, the AG declined to comment.

Ballali, who was sacked by President Kikwete after the latest central bank audit report implicated him in the massive funds misuse scandal, has been in the United States for the past four months or so, purportedly undergoing medical treatment.

Although his current exact whereabouts remain unknown, the US Government last week announced that his visa to stay in that country had been effectively revoked as a result of his sacking by the president, thus effectively paving the way for his imminent return to Tanzania.

Said Mwanyika: ''It is too early to say anything about Ballali at the moment...please give us some time.''

Various other legal experts from within and outside the government have told THISDAY that apart from the legislation cited by the AG, there are a good number of other laws the probe team could use to facilitate its work.

These include the Mutual Assistance in Criminal Matters Act of 1991, the Tanzania Intelligence and Security Service Act (1996), the Extradition Act (1965), the Fugitive Offenders (Pursuit) Act of 1969, the Economic and Organised Control Act of 1984, and the Economic Sabotage Act of 1983.

''The intelligence service in any country, if properly utilised, can also play a very important role in such an exercise,'' noted one legal expert.
Utoh tangia yuko kule NBAA sina hakika amekuwa clean hadi leo hii kufikia kutoa comments kwa issues nzito kama hii .
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