Benjamin Mengi Continues To Harass British Investors
British investors David Stewart Middleton and his Sarah Hermitage continue to face unchecked harassment in Tanzania allegedly, instigated by the corrupt practices of Moshi Hotelier Benjamin Mengi supported by members of the police and judiciary. The harassment is an overt and unashamed attempt by Benjamin Mengi to drive the investors out of Tanzania in his attempt to re-gain the lease to Silverdale & Mbono Farms in the Hai District of the Kilimanjaro Region of Tanzania.
Benjamin Mengi's company Fiona Tanzania Ltd, lawfully assigned the lease to the farms to Mr. Middleton's company Silverdale Tanzania in May 2004. The assignment was lawful and transparent. Dr. Juma Ngasongwa, Minister for Investment & Empowerment is quoted in the Daily News June 2006, that the investors were bona fide and had the full support of the Ministry. He further stated that corruption was being used against the investors bringing shame on all that Tanzania is presently trying to achieve in terms of attracting foreign investors.
Since November 2005, Mr. Middleton has been arrested twice and imprisoned once in abuse of due process of law on accusations levelled against him by Benjamin Mengi his wife, Millie Mengi and unemployed Moshi resident Anold Kimaro. Mr. Middleton was released from prison by order of the Moshi High Court on the grounds that there was no evidence to support his committal to prison. The Republic has subsequently withdrawn all criminal charges brought against him. During his committal, Mr. Middleton was placed in a concrete cage, under conditions that most people in the U.K. wouldn't keep their dogs in. Despite this outrage, no apology has been given to Mr. Middleton for the Republic's conduct.
Having failed to terrorise the investors into leaving Tanzania through the criminal courts Benjamin Mengi has now turned to the civil law issuing seven plaints against Mr. Middleton that disclose no cause of action. Unfortunately for Mr. Middleton, the same magistrates deal with both civil and criminal cases in the Court of Resident Magistrate in Tanzania. In the latest case, Benjamin Mengi has sued Mr. Middleton and his wife for eighty thousand United States dollars for statements that the couple are quoted as making in a newspaper article appearing in Tanzanian's Daily News on the 2nd June 2006. The plaint is for Libel. In such cases, the cause of legal action rests against the writer, publisher or editor of the newspaper. Clearly, Magistrate Mkisi at the court of resident magistrate in Moshi should have rejected the plaint as not disclosing a cause of action against the investors. However, not only did magistrate Mkisi's not dismiss the plaint, she allowed an ex-parte proof of the case with judgement to be given on the 29th March.
President Kiwkete talks daily of his commitment to investors in Tanzania proclaiming Tanzania to be a ‘haven' for foreign investors and Tanzania obtains copious amounts of aid on the basis of this rhetoric. Clearly this does not sit comfortably with life in Tanzania for the British investors and their staff.
British M.P. Roger Gale (Thanet North) in July 2006, called for the suspension of all aid to Tanzania until such time as Mr. Middleton was released from prison and his land tenure in Tanzania secured and Benjamin Mengi brought to justice for his conduct. Mr. Middleton's land tenure remains far from secure with the Minister of Lands refusing to register Mr. Middleton's lease holding and refusing to respond to correspondence sent to him by the investors. Benjamin Mengi continues to harass the investors and their staff on a daily basis and IPP Media (the Chief Executive Officer of which is Reginald Mengi, Benjamin Mengi's brother), continues to engage in a vile campaign of defamation against Mr. Middleton and his staff.
The latest defamation was published on Saturday 3rd February 2007 when IPP Media's the Guardian Newspaper, reported under the dramatic headline ‘Controversy as Hai Resident is hurt in an assault by armed gang' that Salim Habib, (an employee of Benjamin Mengi) was clubbed and slashed with Pangas on Silverdale Farm, by Edward Swai, Swalehe Abdallah, Abel Ng'oja and Marcel Kavishe, key members of Mr. Middleton's staff. The article accused Mr. Middleton of standing and watching the assault. Similar reports were carried in IPP Media's The Nipashe Newspaper and IPP's Radio.1 radio channel. Regional Police Commander Lucas Ng'hoboko is quoted as sating that the men had absconded from bail and that every effort would be made by him to catch the men and bring them to justice.
Mr. Middleton relates the realities of the incident reported. "On the 31st January Mr. Salim Habib, an employee of Mr. & Mrs. Benjamin Mengi was found on my property having driven a herd of forty adult cattle belonging to Mrs. Mengi onto a two-acre Baby Corn plot and destroying the crop. Habib threatened to kill my technical manager Able Ngoja and came at him wielding a Machete. Habib was arrested by my staff in full compliance with the laws of Tanzania. Inspector Janeth of the Moshi Police attended the scene more than four hours after being called with Mr. Benjamin Mengi. Habib was handed over to her but it appears she released him immediately and he was allowed to go to the District Police Station in Moshi and open a charge against my staff'.
Mr. Middleton further states, ‘my staff co-operated fully with the police and gave witness statements in relation to Habib' s conduct. They were then told by Inspector Janeth that no report of an offence had been received by them and that the witness statements they had given were in fact statements in relation to allegations by Habib against themselves. Habib' s son was then arrested for causing the damage to my crops, a man whom my staff or I had laid charges against. Three days later my staff were instructed by Inspector Janeth, acting on orders given directly by the Regional Police Commander Lucas Ng'hoboko to attend Moshi Police station to be taken before the court to answer charges of grievous bodily harm against Habib. None of my staff had been arrested, cautioned or charged for any offence'. When asked to comment on the inaccuracies of the reports, writer Jackson Kimambo stated, ‘the articles were written in Dar es Salaam, I was simply asked to put my name to them'.
It is interesting perhaps that Inspector Janeth, is the same officer securing Mr. Middleton's first arrest in Tanzania preparing a charge sheet including offences that do not exist under Tanzanian law.
Salim Habib has now been charged with causing malicious damage and no member of Mr. Middleton's staff has been arrested or charged with any offence. Neither Regional Police Commander Lucas Ng'hoboko nor IPP Media has reported this.
The article is one of a long line of defamatory material published by IPP Media accusing Mr. Middleton or his staff of committing crimes in Tanzania. Readers are referred to the following newspaper articles appearing in IPPMedia, attacking Mr. Middleton and his commercial interests in Tanzania:- The Guardian 23/11/2005, The Nipashe 3/1/2006, The Guardian 19/1/2006, The Mwananchi 22/11/2005, The Nipashe 22/11/2005, The Guardian, 23/11/2005, The Nipashe, 2/2/2006, The Alhamisi 19/1/2006 and the Guardian 19/1/ 2006.
Further harassment of the investors includes Mrs Mengi's refusal to remove a herd of some sixty cattle and some twenty goats kept unlawfully on Silverdale Farm. In May 2006, the animals fell sick with Foot and Mouth disease and were subjected to a quarantine order. Mr and Mrs Mengi left the dead carcasses of the animals to rot in the sun yards from the investor's house refusing to bury them or comply with the quarantine order. Mrs. Mengi issued a plaint against Mr. Middleton for killing her animals and accused him in the plaint of forging the quarantine order.
Mr. Mengi has made numerous public statements of his intention to drive the investors out of Tanzania and in November 2006, attempted to bring villagers onto the farm declaring himself to be the owner. When apprehended by Mr. Middleton and his staff (and later the police), Mr. Mengi declared that the next time he came he would come with villagers and machetes and cut the investor to pieces.
British Foreign Secretary Margaret Becket appealed to president Kiwkete for a resolution to this on going and damaging situation in London in January 2007 but so far, the rule of law has not been applied to rectify the clear and ongoing abuses of due process which has destroyed the investors commercial interest and the lives and livelihoods of their staff. Why is it so difficult for the Tanzanian Government to apply the rule of law to this situation? One reason could perhaps be, that if the rule of law were to be properly applied then Benjamin Mengi would be behind bars and Mr. Middleton left in peace to do what he came to Tanzania to do and, that is to invest. Surely, that is what the Tanzanian government would want given its commitment to the rule of law, anti corruption and securing its country as a safe lace for investors.
‘Corruption is the abuse of entrusted power for private gain. It hurts everyone whose life, livelihood or happiness depends on the integrity of people in a position of authority. Corruption harms everyone, and it harms the poor the most. It traps millions in poverty and misery and breeds social, economic and political unrest. Corruption is the cause of poverty and the barrier to overcoming it. Corruption jeopardises good governance and fetters any possibility of sustainable development'. (Transparency International)
This issue is of course extremely serious and damaging to Tanzania's reputation as a safe place for investment. Dr. M. Nagu Minister of Justice in Tanzania is open about the problems that surround corruption in the police and the judiciary. Unfortunately, rhetoric alone will not solve the problem. Until Tanzania can demonstrate an ‘actual' as opposed to ‘rhetorical' commitment to the rule of law, in a manner that demonstrates good governance in a manner that unreservedly, upholds the rule of law and secures investors and their lawful interests particularly, when their interests clash with unlawful and traditionally powerful interests within the country then Tanzania, remains, an exceedingly unsafe place to invest regardless of its government's rhetoric to the contrary.
Margaret Casey
Freelance Press. 15th March 2007
Readers are referred to the following for further information on this case:-
http://www.prweb.com/releases/2006/8/prweb427377.htm
http://www.pressmethod.com/releasestorage/14170.htm
http://www.emediawire.com/releases/2006/9/emw438219.htm
http://www.prweb.com/releases/2006/9/prweb427644.htm
http://www.pressmethod.com/releasestorage/10939.htm
http://www.prweb.com/releases/2006/8/prweb427377.htm
http://www.theyworkforyou.com/user/?u=6627
http://www.authorizedmovers.com/articles/Roger-Gale-British-M-P--Calls.htm
http://www.tzuk.net/index.php?option=com_joomlaboard&Itemid=60&func=view&catid=55&id=2121
http://www.clickafrique.com/Forums/Thread.aspx?sectionid=23&threadid=2344&pageID=1
http://www.clickafrique.com/Forums/Thread.aspx?sectionid=23&threadid=2337&pageID=1
http://www.pressmethod.com/releasestorage/10987.htm