EMT
Platinum Member
- Jan 13, 2010
- 14,483
- 15,308
Mkuu Salute. At least I can now appreciate what JK meant when he said the country has no competent poeple in contract laws. It seems that you are very conversant with these issues. I, among many here, are ignorant of all the references you have made here, which, they make a lot of sense. What i want to know from you learned brother is that in such a situation, what is the way out for Tanesco and tanzania as a country in this case?
Mkuu I don't agree with what President Kikwete said, if he really said that. We have very competent lawyers in our country. The problem is we don't use them. Tuna maprofesa wazuri tuu on contractual issues. Tofauti na watu wanavyofikria, the issue does not lie with the agreement between Dowans and Tanesco. Issue iko kwenye sheria yetu ya arbitration. Inasema kuwa uamuzi wowote utakaotolewa na Tribunal utakuwa wa mwisho. Hii ina maana hautatenguliwa na mahakama yoyote ile.
Sasa wakati Tanesco wanaingia kwenye mkataba na Dowans, what they did was to copy and paste the clause from our arbitration Act to the effect that the arbitral award should be final and binding. Kama sheria yetu ingekuwa updated kwa kuondoa neno "final", then wasingeweza kukubaliana kuwa the award should be final.
On what is the way out for Tanesco and Tanzania as a country in this case, the answer is simple: there is no a way out. We have to pay Dowans the amount awarded by the Tribunal. The more we delay making the payment, the more it will cost us. Imagine kwa hii kesi tuu Tanesco imeamriwa kulipa dola milioni 5 kama security ili kuhairisha kesi mpaka Decemba 2011. Bado hujaweka gharama za kumwajiri mwanasheria ya Uingereza kuwakilisha Tanesco mahakamani. Where will Tanesco get this money wakati hawana hata umeme wa kuuza?