KadaMpinzani
JF-Expert Member
- Jan 31, 2007
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- 86
sasa hapa serikali inataka kununua helicopter ipi ya jeshi ?
THISDAY REPORTER
Dar es Salaam
A DAR ES SALAAM company involved in a 17bn/- legal wrangle with the government over the controversial military helicopters tender now wants to settle the matter out of court.
Well-placed government sources say the company, Khaisa Enterprises Limited, has already sent written correspondence to President Jakaya Kikwete and other senior government officials seeking to end legal proceedings at the High Court.
It is understood that the other government officials that the company has written to include Prime Minister Mizengo Pinda, Defence and National Service Minister Dr Hussein Mwinyi, Chief Secretary Philemon Luhanjo, Chief of Defence Forces General Davis Mwamunyange, and Attorney General Johnson Mwanyika.
It could not be immediately established if and how the government has responded to the request.
The deal, which dates back to 1994 and was signed in 2004, has currently come back into sharp focus following last week's fatal crash involving a Tanzania People's Defence Forces (TPDF) helicopter in Arusha, in which all six people aboard were killed.
It was the second of the four Agusta Bell model 412 EP choppers, bought by the defence ministry for military use in dubious circumstances, to crash in the space of just six months - the first tragedy occurring in the Lake Natron area last December leading to the death of one person (the pilot).
The High Court litigation was initiated last year by Khaisa Enterprises proprietors against the defence ministry, seeking 10 million euros (approx. 17bn/-) compensation for ''unlawfully dishonouring'' an agreement between the two parties over the supply of the helicopters.
In the civil case number 74 of 2007 filed at the High Court in Dar es Salaam, the Attorney General is also named as a respondent alongside the defence ministry, by virtue of his position as the government's chief legal advisor.
According to a copy of the plaint obtained from the High Court, Khaisa Enterprises claims that the defence ministry went against a valid contract in which the company was to supply six units of COUGAR AS 532 helicopters at a total cost of 125 million euros (approx. 210bn/-).
The 10 million euros being claimed as compensation is said to be equivalent to an 8 per cent commission that the company stood to earn if the deal had gone through.
Apart from the compensation package, Khaisa Enterprises is also seeking a refund for payment of $100,000 (approx. 120m/-), being commission to the would-be financiers of the project, costs of the suit, plus any other relief that the High Court may decide.
In the suit, the company claims to have spent a lot of money in covering travel costs and other expenses for a delegation of senior TPDF officers to inspect the helicopters in France, in anticipation of clinching the deal.
Attached to the plaint was a photocopy of the passports of the TPDF officers who were flown to France in 1998, to view the aircraft at the Eurocopters plant in Paris. This team was led by Brigadier General Reginald Chonjo, the then TPDF in-charge of planning and development.
Other members of the delegation were Brig. Gen. Philemon Kirigiti (TPDF chief of logistics and engineering); Lieutenant Colonel Mbaga (aviation and radar expert); Captain Ben Ntanga (army pilot and helicopters expert); and Major Mbaraka Issa Komba (army aircraft technician).
A second delegation of senior army men, led by Major General Makitosi who was then the TPDF Air Wing commanding officer, is said to have also been flown to Paris by Khaisa Enterprises in 2001, and subsequently recommended the COUGAR choppers for purchase by the defence ministry.
Khaisa Enterprises also claims that after a thorough investigation and the physical visits to the Paris-based factory by the TPDF delegation, it was agreed that a draft contract for the supply of the multi-role COUGAR choppers be prepared along with the supply of 1,200 rockets.
However, according to the plaint filed by Khaisa Enterprises, as negotiations were proceeding 'smoothly' with the government over the choppers supply deal and after incurring huge consultancy costs, it then emerged that a different company had manoeuvred its way into the lucrative deal.
It has been established that instead of the COUGAR choppers that Khaisa Enterprises were peddling, the defence ministry eventually opted to go for the Agusta Bell model 412 EP aircraft being offered from another source through a local middleman, Shailesh Vithlani.
Vithlani, managing director of the Dar es Salaam-based Merlin International Ltd, is the same 'agent' who was also behind the similarly-controversial 70bn/- military radar deal, as well as a number of other questionable defence contracts.
Hii iliyopata ajali ni matokeo ya huo ununuzi batili?