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Read on at ThisDayWilliamson Diamonds firm in suspect royalties evasion scam
THISDAY REPORTER
Dar es Salaam
Mwadui-based Williamson Diamonds Limited (WDL) is now in the spotlight over the use of a so-called shell company, New Alamas Ltd, to mine diamonds on a 3,000-acre plot in Kishapu District, Shinyanga Region without paying due taxes and royalties to the government.
It is alleged that a lease held by New Alamas Ltd over the said plot, lapsed way back in 1964 and the plot has remained un-leased and therefore officially unrecognized ever since, while WDL continues to conduct mining activities on it undeterred under the guise of the shell company.
THISDAY investigations have revealed that the piece of land was first leased out in 1944 by the colonial government to Alamas Limited, which had registered offices at the Standard Bank Chambers on Main Avenue in Dar es Salaam.
The lease No. 224 title no. 5954 covered a period of 20 years and was officially recorded as being for the purpose of mining diamonds only.
In 1963, a year before the lease was scheduled to expire, it was re-assigned to a newly-constituted company named New Alamas (1963) Limited, owned by Williamson Diamonds Limited and two individuals, Sylvanus Mipawa and Phares Kitanzi Songo. But ever since the lease eventually lapsed in 1964, no efforts have been made to renew it under either New Alamas Ltd (NAL) or Williamson Diamonds Limited (WDL).
Current records at the Business and Registration Licensing Authority (BRELA) in Dar es Salaam show that the two registered directors of NAL are still Sylvanus Mipawa and Phares Kitanzi Songo, owning three and one shares respectively, while the bulk of 96 shares is owned by WDL. The companys capital stands at 2,000/-, with each share valued at 2/- (two shillings).
However, it has also come to light that in a 1992 letter addressed to the governments commissioner of mines, WDL said it had acquired all 100 per cent of NAL shares.
The activities of NAL have over the years been carried out as a department/section of WDL to save costs it is against this background that the directors of WDL resolved in 1988 that NAL should be merged with WDL, said the letter dated May 16, 1992 and signed by one P.K Songo for the general manager.
The same letter, however, also states: In order to effect such a merger, legally NAL as a company has to be dissolved or liquidated, its assets sold or transferred, and creditors paid off. To facilitate the dissolution we have been advised that the best way would be for NAL to transfer its property to WDL, thus rendering NAL a shell company.
But again, without regard to the aforementioned letter, on March 9, 2000 the Ministry of Energy and Minerals granted mining licence (ML) 71/2000 to New Alamas Limited for the purpose of mining diamonds on the same block in question. Five years later, the area subject to ML 71/2000 was converted to special mining licence (SML) 216/2005 for NAL, to cover a period of 25 years from the date it was issued.
The ministrys actions were in direct conflict with WDLs letter of May 1992, with reference number 4/DOC.CNV/224/80/92, which categorically informed the commissioner of minerals that NAL was in the process of winding up and that it was working as a mere shell company.
According to BRELA officials, the company New Alamas Limited is still in the statute books, but since 2002 has not duly filled any annual company returns. Nor does BRELA have a formal NAL resolution empowering WDL to take overall shares of the company. It also does not have a similar resolution from WDL agreeing to the merger.
A BRELA source told THISDAY that the licensing authority was still awaiting formal notice of the said transfer of NAL shares to WDL, as well as the fate of NAL individual shareholders and director Phares K. Songo and Sylivanus Mipawa. While WDL says it has taken over NAL by 100 per cent, BRELA continues to assert that since 2002 the names of the directors of NAL have been changed without following proper procedures.
And in the meantime, further THISDAY inquiries about NAL with the Tanzania Revenue Authority (TRA) have revealed that the TRA does not have a tax file on New Alamas Limited.
Sources within the Ministry of Minerals and Energy also revealed that lease No. 224 title no. 5954 had ceased to exist in the register altogether, directing THISDAY to contact the Ministry responsible for lands on the issue of right of occupancy since the Ministry of Energy and Minerals does not deal with these types of rights.
Further THISDAY inquiries at the Kishapu District Land Registry Office, on whether there had ever been an extension to lease 224 title no 5954 which lapsed in 1964, prompted a reply via letter reference KDC/L.20/20/1/50 on September 29 last year, in which an official at the district registry said simply that we do not have any records regarding such lease title.
According to BRELA officials, Williamson Diamonds Limited is jointly owned by Wilcroft Company Limited with 600B shares and the Tanzanian government with 600A shares of 10,000/- each. The company share equity stands at 12m/- . The last company return filled at BRELA shows that WDL current directors are Bob Nyangi Makani, F.M Kazaura, J.P Kipokola, Gerald Majula Manyonyi and Stephen Lwechungula Bugaisa. Others are Winston Mahanga, Nicholas Frederick Oppenheimer and Timothy Wills Hugh Gabon.
The rest are M.A Grantham, Peter James Roy Leyden, Anthony Ernest Oppenheimer, William Henry Manning, Robin Macnab Crawford, and R.P
Mwanakijiji,
Samahani sana muungwana, nilipitwa kidogo na hii mada kwa hiyo sikuwahi kuifuatilia kabisa. Naogopa kuvamia naona tu habari za kununua hisa na hii ya mkutano wa huyu Gabacholi (msemo wa Mtikila).
Vipi kunaendelea nini hasa hapa? maanake niliposoma tu ile heading ya Sinclair sikupenda hata kufungua maanake simpendi kabisa mtu anayekuja nchini na kamba za kumiliki ardhi yetu kama vile uhuru tuliutafuta kwa ajiri yake.