Mengi vs Manji: Ukweli ni upi?
Mengi vs Manji: Ukweli ni upi?
- Thread starter Mzee Mwanakijiji
- Start date
DAR si LAMU
JF-Expert Member
- Mar 31, 2007
- 2,928
- 560
hivyo kwa kuwa ni wachagga kodi isilipwe sio! au unamchokoza mswahili?
kwani unafikiria kodi hukusanywa vipi na wakina nani?. ukiwaondoa sehemu zinazohusiana na pesa utawaweka wahaya sio au wazaramo?
mswahili eeh!...mtu wako huyo...mchukue!
Mzee Mwanakijiji
Platinum Member
- Mar 10, 2006
- 34,095
- 43,305
- Thread starter
- #623
Dar si Lamu..
Nadhani Mswahili angekubaliana na mapendekezo yangu...
Nadhani Mswahili angekubaliana na mapendekezo yangu...
DAR si LAMU
JF-Expert Member
- Mar 31, 2007
- 2,928
- 560
sijui...labda kwenye kuichapisha!....watu[companies]hudaiwa kodi kwa mtindo huo....kwani huwa si wawazi na cooperative kwa tra.
hiki mbona ni kitu cha kawaida....kiufupi,kwavile tu imetoka gazetini...hizo issue hu-happen everyday.
we ulishaona mtu anayependa kulipa kodi? halafu mtu huyo ni mtanzania? waulize wakina mtumwitu kama kwao wanapenda hili![mtumwitu,no offence!]
DAR si LAMU
JF-Expert Member
- Mar 31, 2007
- 2,928
- 560
nahisi we mkeo ni mkilimanjaro!....we jifanye mwanaume kuwaandika wakilimanjaro. atakapoangalia juu ya mabega yako na kuona unacho-type...hakutalalika huko!
mswahili eeh! unamwelewa joka kuu?
Icadon
JF-Expert Member
- Mar 21, 2007
- 3,581
- 196
Duh hizo ni figures za kweli?
Mtu wa Pwani
JF-Expert Member
- Dec 26, 2006
- 4,192
- 678
mkuu mimi pia ni mtanzania, au tayari msa\hatupa uhuru wetu?
ama kuhusu kulipa kodi waafrika wengi hatupendi kulipa kodi kwa kuamini serikali haifanyi kile ambacho kinastahiki, na baadhi yao hula rushwa kwa hiyo mfanya biashara kwa kupenda faida hutumia huu mwanya. ni kweli ni katabia chetu watanzania sote juhudi inapaswa ifanywe kurekebisha hili in action
Kama alivyosema mchangiaji kuwa pesa zinazokwenda mifukoni mwa maafisa wa TRA huwa haina ugomvi Taxpayer atalipa, ile inayokwenda ktk Govt ndio hapo inakuwa mgogoro. Lkn naomba tujiulize hivi nyumba ngapi pale kariakoo zimeuzwa zaidi ya Million 20 na hakuna Kodi hata sent Moja. Ina maana TRA wanafanya kazi kwa Umbeya? au hao hawatakiwi kulipa Kodi? May be taratibu zisijui naomba nifahamishwe...
Katibu Tarafa
JF-Expert Member
- Feb 16, 2007
- 989
- 59
jamani tusilaumu TRA kwa sababu biashara zetu nyingi zinafanyika kienyeji sana,sio rahisi kwa biashara ya cash transaction ikalipiwa kodi stahili.huyo manji ni kwa sababu tu amefanya hiyo biashara na chombo cha umma.ukumbuke anayepaswa kulipia kodi ni muuzaji na sio mnunuzi
DAR si LAMU
JF-Expert Member
- Mar 31, 2007
- 2,928
- 560
ustaadh,
dhambi ya kula cha watu...tena kingi hasa[si maafisa wa tra pekee,agh! agh!,bali mizimu nchi]ndio inayofanya kodi nyingi toka sehemu mbalimbali,sekta tofauti kwa tofauti kutokusanywa!
mizimu hii inaposhiba[tosheka kwa muda]ndio huacha makombo ya matendo yao kwa walio chini ya meza yao ya karamu! ndio maana maeneo mengine hayatozeki kodi...yanakuwa too hot to handle!
sasa,hii ni dhambi ambayo kila kukicha tunaamka nayo!
Reginald Mengi is Chief Executive Officer of IPP Media in Tanzania. IPP Media owns several high profile newspapers and radio station networks in Tanzania and it would be fair to say, holds a strong monopoly on media in the East African region. As Chief Executive Officer of IPP Media, Reginald Mengi is of course, ultimately accountable for its journalistic practice.
A self confessed philanthropist (as a visit to any web sire reveals) Reginald Mengi trumpets constantly his personal commitment to overcoming corruption in Tanzania and the role that the media should play in this respect. Describing investigative journalism as a weapon against abuse of power, Reginald Mengi is quoted in IPP Medias English newspaper the Guardian on 20th March 2007, that the fight against corruption needs collaboration among editors journalists and media .to unearth corruption and scandals in the government and private sectors as investigative journalism promotes good governance, transparency and accountability
Addressing a conference organized by the Tanzanian Christian Union of the Press in September 2006, Reginald Mengi is quoted by IPP Medias The Guardian Newspaper of 11th September 2006 to have stated ..in order to win the war against corruption, the media must distance itself from corruption in order to build and sustain the credibility and integrity of the media, media houses should fight against corruption in their newspapers.
Good investigative journalism requires compliance with the laws of defamation. Of particular concern to IPP Media one would expect, would be the laws of Libel given it is the writer, editor and publisher of published material that is held to account in this respect. In August 26th October 2006, Roger Gale, Member of the British Parliament (Thanet North) asked, the Secretary of State for Foreign and Commonwealth Affairs what assessment her Department has made of the potential impact of the Tanzanian media empire controlled by Reginald Mengi (IPP Media) on the prospects for democracy, good governance and debt relief in Tanzania.
Since mid 2005, Benjamin Mengi, Reginald Mengis brother, has been attempting to re-gain the lease to Silverdale & Mbono Farms, in the Hai District of the Kilimanjaro region. Benjamin Mengi assigned the lease through his company Fiona Tanzania Ltd in May 2004 to Silverdale Tanzania Ltd the major shareholder of which is British investor David Stewart Middleton with Benjamin Mengi remaining a minor shareholder. The assignment was legal and transparent, in all respects having been conducted in full compliance with the laws of Tanzania.
Let us examine objectively, IPP Medias investigative and accountable journalism in respect of accusations levelled against the British investor and his commercial interests in Tanzania over the past several months by IPP Media. Given Reginald Mengis commitment to fighting corruption through the media, such an investigation must surely be welcomed by him.
On 23rd November 2005, IPP Medias The Guardian Newspaper printed an article headed Briton Charged over dud Cheque. The article accuses Mr. Middleton of issuing a dud cheque to Benjamin Mengi for $7,000. The article further states, that Mr. Middleton and Mr. Ngoja (an employee of Mr. Middletons Company) was charged with conspiracy and forging the lease agreement to Silverdale & Mbono Farms, the lease to which, Benjamin Mengi is attempting to re-gain. Had honest investigative journalism taken place, the following facts would have been revealed.
There is no such offence of issuing a bogus cheque under the Penal Code of Tanzania and the charge sheet, had it been read, would have revealed the following facts: -
Firstly, Mr. Middleton was charged with an offence under sec 384 of the penal Code. This contains the definition of Conspiracy and is therefore not a charge in itself. Secondly Mr. Middleton was charged under section 333 of the Penal Code for an offence of forgery in that he forged a lease agreement.
Section 336 of the penal Code defines the offence of forgery as follows:--
(1) An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a SPECIFIC PERSON capable of being defrauded thereby ..
The charge sheet does not state which document Mr. Middleton is accused of altering, how it is altered or who, the specific person is that has been defrauded. If, the document is the lease agreement to Silverdale & Mbono Farms (as the article tends to suggest), what IPP Media does not state is, that the lease agreement was drawn and issued to Benjamin Mengi in May 1999. In any event, one would have thought that IPP Media would have examined the charge sheet before making serious criminal allegations against Mr. Middleton and Able Ngoja. Further, one wonders why, IPP Media did not question the fact that Mr. Middleton was charged with conspiracy to commit the offence and, actually committing it. He either did it or, conspired to do it. An anomaly, IPP Media failed to point out.
Most seriously, IPP Media claimed that Mr. Middleton had been charged with issuing a fake cheque to Benjamin Mengi. The charge sheet cites section 332(c), (1) and 331 of the Penal Code. Section 332 (c) (1) of the Penal Code simply does not exist. Section 331 states as follows: -
Any person who, knowing the contents thereof, sends, delivers or utters or directly or indirectly causes to be received any letter or writing threatening to burn and destroy any house, barn or other building or any Rick or stack of grain, hay or straw or other agricultural produce, whether in or under any building or not or any vessel or to kill, maim or wound any cattle, is guilty of a felony and is liable to imprisonment for seven years
Incredulously, the charge sheet reads that section 331 has been amended by Act no. 2 of the year 1991. The Act stated to be amended in the charge sheet is not named and no amendment to the penal Code was made to section 331in 1991. In any case, it is difficult to see how it would have been amended from burning down a house or barn to uttering a bounced cheque.
The charge sheet appears on the face of it to be a manifestly fraudulent document produced by Inspector Janeth of the Moshi Police. Accountable, investigative journalism, which Reginald Mengi states he wishes to promote, would surely have revealed these facts. One wonders why they were not revealed to the public.
IPP Media did not state, that the complainant for the Republics charges was, Benjamin Mengi or, that all rights the men had under the Magistrates Court Act and the Penal Code were ignored. They were taken from the streets of Moshi by armed police and placed before a Resident Magistrate and asked to plead without being arrested, charged or given access to legal representation required by the Magistrates Court Act and penal Code.
IPP Media never reported the fact, that it was stated in the charge sheet, that, the bogus cheque which they report upon, was actually a cheque issued to Moshi Advocate Peter Jonathan which was lawfully stopped by Mr. Middleton when he discovered that on assigned of the lease to Silverdale & Mbono Farms to Mr. Middletons company Silverdale Tanzania Ltd, Benjamin Mengi had failed to pay a Tanesco account for $US8, 000 having declared on assignment that this debt had been cleared.
IPP Media never at any time reported, that the Director of Public Prosecutions withdrew all charges against the men when he had been appraised of the contents of the charge sheet and the facts of the complaints. Had IPP Media engaged in proper investigative journalism or even given the men a basic right to reply in accordance with the defamation laws of Tanzania all of the above facts were transparent.
In November 2005, Reginald Mengi requested a meeting with Mr. Middleton in the presence of former British High Commissioner to Tanzania, Andrew Pocock. At this meeting Reginald Mengi was put on notice of the defamation and stated he would personally ensure that it would cease. Had he not been aware of the situation prior to the publication he was clearly placed on notice at this point. However, on 8th December 2005, less than two weeks after Reginald Mengis assurance to the British Government and Mr. Middleton that IPP Medias defamation of the British investor would cease, IPP Medias The Guardian Newspaper printed an article headed Briton facing charges not listed as investor.
This article once again, repeats (out of context) the allegations, that Mr. Middleton had issued a fake cheque to prominent Moshi businessman Benjamin Mengi. The article also states, that a TIC official had stated that Mr. Middleton was not an approved investor. Had IPP Media engaged in accountable, investigative journalism, it would have been concluded from Mr. Ole Naiko, head of the Tanzanian Investment Centre and from Dr. Juma Ngasongwa, that Mr. Middleton was an approved investor with the full support of the Ministry of Investment and Empowerment.
On 19th January 2006, IPP Medias publications The Guardian and the Nipashe Newspapers printed an article headed Moshi Businessman takes back coffee plantation. The article states that the Kyeeri, Shari and Uswaa/Mamba Co-operative Societies had handed the lease, to Silverdale & Mbono Farms back to Benjamin Mengi. The article states that a new Board had been formed by the Societies and it was they, who had taken the decision. The article also accuses Mr. Middleton of stealing articles of equipment from Silverdale & Mbono Farms and destroying structures and uprooting coffee trees. The article also repeats (quite out of context) the fact that Mr. Middleton had been accused of issuing a fake cheque and of forging the lease to Silverdale & Mbono Farms. IPP media journalist Jackson Kimambo wrote the article.
It would appear, that no accountable, investigative journalism had taken place regarding the reporting of this story. Had there been, it would have been shown that no new Board had been formed by the C-operative Societies and indeed, Silverdale & Mbono Farms has not been handed back to Benjamin Mengi. It would also have been found that Mr. Middleton had stolen nothing from the farms and had destroyed staff housing that was unfit for human habitation and therefore dangerous. It would also have been clear, that on assignment of the lease to Silverdale Tanzania Ltd, the lease stated quite clearly, that at the time of the assignment, no sustainable coffee trees were in existence on the farms. The reference to the criminal allegations was out of context therefore. Further the Director of Public Prosecutions had dropped all the charges. Most importantly, IPP Would have reported, that in March 2006, Benjamin Mengis application to re-gain the lease had been dismissed by the High Court Moshi (Lands Division) by Hon. Kileo.
Similar defamatory publications were printed in IPP Medias The Guardian and Nipashe newspapers throughout 2006, all were couched in a language of suspicion and unqualified accusation of guilt against Mr. Middleton and his staff. No right of reply was ever given to Mr. Middleton or his staff and all, viciously attacked Mr. Middletons commercial interest and reputation not only in Tanzania but, world wide given the articles were published on the Internet for world viewing.
On 24th May 2006, IPP Medias Newspaper The Guardian, printed an article headed Briton prevents court entourage visit at farm. The article accuses Mr. Middleton of failing to comply with a civil court order admitting Magistrate Temu and Benjamin Mengi from entering Silverdale farm. The article stated, that the purpose of the visit was to allow doctors to exhume bodies of animals kept on the farm by Mrs Millie Mengi. Mrs. Millie Mengi has issued a civil plaint against Mr. Middleton accusing him of killing her animals and of forging a quarantine order issued by Zonal Veterinary Officer Dr. Swai in March 2006. Dr. Swai declared the animals to be suffering from Foot & Mouth Disease. The article was once again, written by IPP Media journalist, Jackson Kimambo.
Had IPP media engaged in accountable, investigative journalism, it would have been found, that no instruction had been given to deny access to anyone to the farms. It would also have found, that the animals, had been confirmed by Dr. Swai and District Veterinary Officer Dr. Kweka as having died from Foot & Mouth Disease. It would also have been found that Mrs. Millie Mengi had issued orders to her staff working on Silverdale farm not to bury the animals (in compliance with the Quarantine Order) but to leave them to rot where they had died. Further that Dr. Kweka had refused to attend the farms to supervise the burial of the animals and that Mr. Middleton had to engage, at his expense a government livestock officer to attend and supervise the disposal of the carcasses and had spent TSH/800.000 in treating the animals. One would have thought, the fact that a quarantine order was in existence would have been easy enough to establish and report on.
On 22nd July 2006, Mr. Middleton was once again arrested on allegations brought against him by Mrs. Millie Mengi, Benjamin Mengis wife in that he had breached a civil court order (the same order referred to in the above paragraph). Mr. Middleton was brought before the court, refused bail and sent to Karanga Prison by Magistrate Temu. Moshi Police Inspector Janeth once again prepared the charges. IPP Media reported the arrest and imprisonment the following day.
The Daily News newspaper reported on July 26th, 2006, that the High Court in Moshi ordered the immediate release of Mr. Middleton ruling that there was no evidence to support his arrest. The High Court further ruled, that there was no evidence that Mr. Middleton had a history of disobeying court orders and there were no grounds to deny him bail. The Public Prosecutor stated in court, that Mr. Middletons arrest and imprisonment was a travesty of justice. IPP media, did not report these facts unlike, the daily News who did so. The charges were once again, withdrawn by the Director of Public Prosecutions.
On 3rd February 2007, IPP Medias newspaper The Guardian, printed an article headed Controversy as Hai resident s hurt in assault by armed gang.
The article accuses four members of Mr. Middletons staff of attacking one Salim Habib with Pangas on Silverdale Farm without reason. The article accuses Mr. Middleton of standing by and watching the assault and doing nothing to save Mr. Habib s life. This information was also broadcast on IPPs media Radio network, Radio 1. IPP Medias newspaper the Nipashe carried a further article some days later stating that Mr. Middletons staff were now on the run having absconded from bail. Both articles were once again, written by IPP medias journalist, Jackson Kimambo.
Had IPP Media engaged in accountable investigative journalism, they world have found, that not one member of Mr. Middletons staff had been arrested and charged with any offence. It would also have been established, that Salim Habib had been arrested and charged with Malicious Damage for driving some forty head of adult cattle belonging to Mrs Millie Mengi onto a two hectare field of commercial maize and, had destroyed it. IPP Media did not report this.
On 11th April 2007, IPP Medias The Guardian and Nipashe newspapers printed and article headed Britons to pay 90m/-for defamation. The article, again written by IPP Media journalist Jackson Kimambo, states, that Stewart Middleton and a person named in the plaint not known to him were to pay Benjamin Mengi for defamatory comments printed by the daily News in June 2006. One would think, that being fully appraised of the laws of Libel, that IPP Media would know, that in cases of Libel, i.e. the publication of defamatory material, that it is only the writer, printer and publisher of the material that can be sued. As such, the case and the judgment were completely outside of the courts powers. IPP media did not print this. The article also stated that Mr. Middleton had been defiant, and not entered a plea. It does not state, that a person does not plea in civil proceedings, the opponent files a defence or that Mr. Middleton was represented by Moshi advocate Westgate Kimambo who, had failed to file a defence in the case the hearing for which was heard without Mr. Middleton being present in court.
Finally and most importantly, IPP Media stated in their publication, that Mr. Middleton had alleged in his publication, that Mengi had bribed the police. It was clear from the article that Mr. Middleton was not quoted as making this accusation and the only person quoted as mentioning the word bribe was Dr. Juma Ngasongwa Minister for Empowerment & Investment. Obviously, IPP Media knew, that Mr. Middleton does not write for, print or edit the Daily News newspaper. Under the circumstances such an accusation was not only defamatory, it was nothing short of journalistic terrorism.
To conclude, Editors, Journalists and individuals controlling the media in Tanzania, may like to ask themselves, whether or not, IPP Media engages in accountable, investigative journalism that promotes good governance and transparency in a manner that fights the war against corruption and abuse power and, (as Reginald Mengi suggests that they should) whether or not, they wish to collaborate with IPP Media in setting a national agenda on fighting corruption.
16th April 2007
A self confessed philanthropist (as a visit to any web sire reveals) Reginald Mengi trumpets constantly his personal commitment to overcoming corruption in Tanzania and the role that the media should play in this respect. Describing investigative journalism as a weapon against abuse of power, Reginald Mengi is quoted in IPP Medias English newspaper the Guardian on 20th March 2007, that the fight against corruption needs collaboration among editors journalists and media .to unearth corruption and scandals in the government and private sectors as investigative journalism promotes good governance, transparency and accountability
Addressing a conference organized by the Tanzanian Christian Union of the Press in September 2006, Reginald Mengi is quoted by IPP Medias The Guardian Newspaper of 11th September 2006 to have stated ..in order to win the war against corruption, the media must distance itself from corruption in order to build and sustain the credibility and integrity of the media, media houses should fight against corruption in their newspapers.
Good investigative journalism requires compliance with the laws of defamation. Of particular concern to IPP Media one would expect, would be the laws of Libel given it is the writer, editor and publisher of published material that is held to account in this respect. In August 26th October 2006, Roger Gale, Member of the British Parliament (Thanet North) asked, the Secretary of State for Foreign and Commonwealth Affairs what assessment her Department has made of the potential impact of the Tanzanian media empire controlled by Reginald Mengi (IPP Media) on the prospects for democracy, good governance and debt relief in Tanzania.
Since mid 2005, Benjamin Mengi, Reginald Mengis brother, has been attempting to re-gain the lease to Silverdale & Mbono Farms, in the Hai District of the Kilimanjaro region. Benjamin Mengi assigned the lease through his company Fiona Tanzania Ltd in May 2004 to Silverdale Tanzania Ltd the major shareholder of which is British investor David Stewart Middleton with Benjamin Mengi remaining a minor shareholder. The assignment was legal and transparent, in all respects having been conducted in full compliance with the laws of Tanzania.
Let us examine objectively, IPP Medias investigative and accountable journalism in respect of accusations levelled against the British investor and his commercial interests in Tanzania over the past several months by IPP Media. Given Reginald Mengis commitment to fighting corruption through the media, such an investigation must surely be welcomed by him.
On 23rd November 2005, IPP Medias The Guardian Newspaper printed an article headed Briton Charged over dud Cheque. The article accuses Mr. Middleton of issuing a dud cheque to Benjamin Mengi for $7,000. The article further states, that Mr. Middleton and Mr. Ngoja (an employee of Mr. Middletons Company) was charged with conspiracy and forging the lease agreement to Silverdale & Mbono Farms, the lease to which, Benjamin Mengi is attempting to re-gain. Had honest investigative journalism taken place, the following facts would have been revealed.
There is no such offence of issuing a bogus cheque under the Penal Code of Tanzania and the charge sheet, had it been read, would have revealed the following facts: -
Firstly, Mr. Middleton was charged with an offence under sec 384 of the penal Code. This contains the definition of Conspiracy and is therefore not a charge in itself. Secondly Mr. Middleton was charged under section 333 of the Penal Code for an offence of forgery in that he forged a lease agreement.
Section 336 of the penal Code defines the offence of forgery as follows:--
(1) An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a SPECIFIC PERSON capable of being defrauded thereby ..
The charge sheet does not state which document Mr. Middleton is accused of altering, how it is altered or who, the specific person is that has been defrauded. If, the document is the lease agreement to Silverdale & Mbono Farms (as the article tends to suggest), what IPP Media does not state is, that the lease agreement was drawn and issued to Benjamin Mengi in May 1999. In any event, one would have thought that IPP Media would have examined the charge sheet before making serious criminal allegations against Mr. Middleton and Able Ngoja. Further, one wonders why, IPP Media did not question the fact that Mr. Middleton was charged with conspiracy to commit the offence and, actually committing it. He either did it or, conspired to do it. An anomaly, IPP Media failed to point out.
Most seriously, IPP Media claimed that Mr. Middleton had been charged with issuing a fake cheque to Benjamin Mengi. The charge sheet cites section 332(c), (1) and 331 of the Penal Code. Section 332 (c) (1) of the Penal Code simply does not exist. Section 331 states as follows: -
Any person who, knowing the contents thereof, sends, delivers or utters or directly or indirectly causes to be received any letter or writing threatening to burn and destroy any house, barn or other building or any Rick or stack of grain, hay or straw or other agricultural produce, whether in or under any building or not or any vessel or to kill, maim or wound any cattle, is guilty of a felony and is liable to imprisonment for seven years
Incredulously, the charge sheet reads that section 331 has been amended by Act no. 2 of the year 1991. The Act stated to be amended in the charge sheet is not named and no amendment to the penal Code was made to section 331in 1991. In any case, it is difficult to see how it would have been amended from burning down a house or barn to uttering a bounced cheque.
The charge sheet appears on the face of it to be a manifestly fraudulent document produced by Inspector Janeth of the Moshi Police. Accountable, investigative journalism, which Reginald Mengi states he wishes to promote, would surely have revealed these facts. One wonders why they were not revealed to the public.
IPP Media did not state, that the complainant for the Republics charges was, Benjamin Mengi or, that all rights the men had under the Magistrates Court Act and the Penal Code were ignored. They were taken from the streets of Moshi by armed police and placed before a Resident Magistrate and asked to plead without being arrested, charged or given access to legal representation required by the Magistrates Court Act and penal Code.
IPP Media never reported the fact, that it was stated in the charge sheet, that, the bogus cheque which they report upon, was actually a cheque issued to Moshi Advocate Peter Jonathan which was lawfully stopped by Mr. Middleton when he discovered that on assigned of the lease to Silverdale & Mbono Farms to Mr. Middletons company Silverdale Tanzania Ltd, Benjamin Mengi had failed to pay a Tanesco account for $US8, 000 having declared on assignment that this debt had been cleared.
IPP Media never at any time reported, that the Director of Public Prosecutions withdrew all charges against the men when he had been appraised of the contents of the charge sheet and the facts of the complaints. Had IPP Media engaged in proper investigative journalism or even given the men a basic right to reply in accordance with the defamation laws of Tanzania all of the above facts were transparent.
In November 2005, Reginald Mengi requested a meeting with Mr. Middleton in the presence of former British High Commissioner to Tanzania, Andrew Pocock. At this meeting Reginald Mengi was put on notice of the defamation and stated he would personally ensure that it would cease. Had he not been aware of the situation prior to the publication he was clearly placed on notice at this point. However, on 8th December 2005, less than two weeks after Reginald Mengis assurance to the British Government and Mr. Middleton that IPP Medias defamation of the British investor would cease, IPP Medias The Guardian Newspaper printed an article headed Briton facing charges not listed as investor.
This article once again, repeats (out of context) the allegations, that Mr. Middleton had issued a fake cheque to prominent Moshi businessman Benjamin Mengi. The article also states, that a TIC official had stated that Mr. Middleton was not an approved investor. Had IPP Media engaged in accountable, investigative journalism, it would have been concluded from Mr. Ole Naiko, head of the Tanzanian Investment Centre and from Dr. Juma Ngasongwa, that Mr. Middleton was an approved investor with the full support of the Ministry of Investment and Empowerment.
On 19th January 2006, IPP Medias publications The Guardian and the Nipashe Newspapers printed an article headed Moshi Businessman takes back coffee plantation. The article states that the Kyeeri, Shari and Uswaa/Mamba Co-operative Societies had handed the lease, to Silverdale & Mbono Farms back to Benjamin Mengi. The article states that a new Board had been formed by the Societies and it was they, who had taken the decision. The article also accuses Mr. Middleton of stealing articles of equipment from Silverdale & Mbono Farms and destroying structures and uprooting coffee trees. The article also repeats (quite out of context) the fact that Mr. Middleton had been accused of issuing a fake cheque and of forging the lease to Silverdale & Mbono Farms. IPP media journalist Jackson Kimambo wrote the article.
It would appear, that no accountable, investigative journalism had taken place regarding the reporting of this story. Had there been, it would have been shown that no new Board had been formed by the C-operative Societies and indeed, Silverdale & Mbono Farms has not been handed back to Benjamin Mengi. It would also have been found that Mr. Middleton had stolen nothing from the farms and had destroyed staff housing that was unfit for human habitation and therefore dangerous. It would also have been clear, that on assignment of the lease to Silverdale Tanzania Ltd, the lease stated quite clearly, that at the time of the assignment, no sustainable coffee trees were in existence on the farms. The reference to the criminal allegations was out of context therefore. Further the Director of Public Prosecutions had dropped all the charges. Most importantly, IPP Would have reported, that in March 2006, Benjamin Mengis application to re-gain the lease had been dismissed by the High Court Moshi (Lands Division) by Hon. Kileo.
Similar defamatory publications were printed in IPP Medias The Guardian and Nipashe newspapers throughout 2006, all were couched in a language of suspicion and unqualified accusation of guilt against Mr. Middleton and his staff. No right of reply was ever given to Mr. Middleton or his staff and all, viciously attacked Mr. Middletons commercial interest and reputation not only in Tanzania but, world wide given the articles were published on the Internet for world viewing.
On 24th May 2006, IPP Medias Newspaper The Guardian, printed an article headed Briton prevents court entourage visit at farm. The article accuses Mr. Middleton of failing to comply with a civil court order admitting Magistrate Temu and Benjamin Mengi from entering Silverdale farm. The article stated, that the purpose of the visit was to allow doctors to exhume bodies of animals kept on the farm by Mrs Millie Mengi. Mrs. Millie Mengi has issued a civil plaint against Mr. Middleton accusing him of killing her animals and of forging a quarantine order issued by Zonal Veterinary Officer Dr. Swai in March 2006. Dr. Swai declared the animals to be suffering from Foot & Mouth Disease. The article was once again, written by IPP Media journalist, Jackson Kimambo.
Had IPP media engaged in accountable, investigative journalism, it would have been found, that no instruction had been given to deny access to anyone to the farms. It would also have found, that the animals, had been confirmed by Dr. Swai and District Veterinary Officer Dr. Kweka as having died from Foot & Mouth Disease. It would also have been found that Mrs. Millie Mengi had issued orders to her staff working on Silverdale farm not to bury the animals (in compliance with the Quarantine Order) but to leave them to rot where they had died. Further that Dr. Kweka had refused to attend the farms to supervise the burial of the animals and that Mr. Middleton had to engage, at his expense a government livestock officer to attend and supervise the disposal of the carcasses and had spent TSH/800.000 in treating the animals. One would have thought, the fact that a quarantine order was in existence would have been easy enough to establish and report on.
On 22nd July 2006, Mr. Middleton was once again arrested on allegations brought against him by Mrs. Millie Mengi, Benjamin Mengis wife in that he had breached a civil court order (the same order referred to in the above paragraph). Mr. Middleton was brought before the court, refused bail and sent to Karanga Prison by Magistrate Temu. Moshi Police Inspector Janeth once again prepared the charges. IPP Media reported the arrest and imprisonment the following day.
The Daily News newspaper reported on July 26th, 2006, that the High Court in Moshi ordered the immediate release of Mr. Middleton ruling that there was no evidence to support his arrest. The High Court further ruled, that there was no evidence that Mr. Middleton had a history of disobeying court orders and there were no grounds to deny him bail. The Public Prosecutor stated in court, that Mr. Middletons arrest and imprisonment was a travesty of justice. IPP media, did not report these facts unlike, the daily News who did so. The charges were once again, withdrawn by the Director of Public Prosecutions.
On 3rd February 2007, IPP Medias newspaper The Guardian, printed an article headed Controversy as Hai resident s hurt in assault by armed gang.
The article accuses four members of Mr. Middletons staff of attacking one Salim Habib with Pangas on Silverdale Farm without reason. The article accuses Mr. Middleton of standing by and watching the assault and doing nothing to save Mr. Habib s life. This information was also broadcast on IPPs media Radio network, Radio 1. IPP Medias newspaper the Nipashe carried a further article some days later stating that Mr. Middletons staff were now on the run having absconded from bail. Both articles were once again, written by IPP medias journalist, Jackson Kimambo.
Had IPP Media engaged in accountable investigative journalism, they world have found, that not one member of Mr. Middletons staff had been arrested and charged with any offence. It would also have been established, that Salim Habib had been arrested and charged with Malicious Damage for driving some forty head of adult cattle belonging to Mrs Millie Mengi onto a two hectare field of commercial maize and, had destroyed it. IPP Media did not report this.
On 11th April 2007, IPP Medias The Guardian and Nipashe newspapers printed and article headed Britons to pay 90m/-for defamation. The article, again written by IPP Media journalist Jackson Kimambo, states, that Stewart Middleton and a person named in the plaint not known to him were to pay Benjamin Mengi for defamatory comments printed by the daily News in June 2006. One would think, that being fully appraised of the laws of Libel, that IPP Media would know, that in cases of Libel, i.e. the publication of defamatory material, that it is only the writer, printer and publisher of the material that can be sued. As such, the case and the judgment were completely outside of the courts powers. IPP media did not print this. The article also stated that Mr. Middleton had been defiant, and not entered a plea. It does not state, that a person does not plea in civil proceedings, the opponent files a defence or that Mr. Middleton was represented by Moshi advocate Westgate Kimambo who, had failed to file a defence in the case the hearing for which was heard without Mr. Middleton being present in court.
Finally and most importantly, IPP Media stated in their publication, that Mr. Middleton had alleged in his publication, that Mengi had bribed the police. It was clear from the article that Mr. Middleton was not quoted as making this accusation and the only person quoted as mentioning the word bribe was Dr. Juma Ngasongwa Minister for Empowerment & Investment. Obviously, IPP Media knew, that Mr. Middleton does not write for, print or edit the Daily News newspaper. Under the circumstances such an accusation was not only defamatory, it was nothing short of journalistic terrorism.
To conclude, Editors, Journalists and individuals controlling the media in Tanzania, may like to ask themselves, whether or not, IPP Media engages in accountable, investigative journalism that promotes good governance and transparency in a manner that fights the war against corruption and abuse power and, (as Reginald Mengi suggests that they should) whether or not, they wish to collaborate with IPP Media in setting a national agenda on fighting corruption.
16th April 2007
BAK
JF-Expert Member
- Feb 11, 2007
- 124,769
- 288,283
What should be done now? Should Manji be forced to refund NSSF of any excess amount of selling price? IMO YES.
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Manji fails to prove value of 47.5bn/- NSSF godowns: Valuation reports dismissed as `not authentic`
THISDAY REPORTER
Dar es Salaam
DAR ES SALAAM-based company Quality Group Limited has failed to produce key documents to authenticate the true value of its Ubungo godowns sold to the National Social Security Fund (NSSF) for a massive 47.5bn/-, causing the firm to lose its appeal against a 1.3bn/- tax imposed by the Tanzania Revenue Authority.
Independent experts have argued that the godowns were grossly overpriced and there has been a long-running corruption probe targeting the controversial deal.
The company run by local businessman Yusuf Manji had appealed before the National Tax Revenue Appeals Board in the city after being required by TRA to pay the 1.3bn/- as capital gains tax from the transaction.
Officials from TRA began trailing the deal between Quality Group and NSSF for revenue implications following revelations about the transaction in a series of reports published by THISDAY and its sister KULIKONI newspaper.
Quality Group Limited had sold all its shares in Quality Industrial Park to the pensions fund in August 2004, with the warehouses on Plot No. 16 at Ubungo area in Dar es Salaam listed as the only assets of the industrial park.
In the transaction, the value of the buildings was set at 47.5bn/- and the shares of Quality Industrial Park Limited were valued at the same price, which in effect meant that NSSF had actually bought the godowns for the said amount.
Following an assessment of Quality Group Limiteds tax affairs over a period between 1999 and 2005, TRA established that the deal fell under section 13 of the 1973 Income Tax Act, as the sale of the buildings was a capital gain.
In response to TRAs decision, Quality Group lodged an appeal before the Tax Revenue Appeals Board and was required to provide authentic documentary evidence on the value of the buildings plus the cost incurred in their construction, for tax deductions.
Quality Group had claimed to have spent over 8.4bn/-, a figure equivalent to 21 per cent of the stated total costs of the buildings, purportedly to import steel structures for the buildings from the United States.
However, Quality Group failed to produce tax invoices, receipts or importation documents for the building materials it claimed to have bought in 2003 from an American firm called Starsen Company Limited.
In the hearing of the appeal, lawyers representing Quality Group - Lloyd Nhunga and one Mr Marwa - submitted before the Tax Revenue Appeals Board photocopies of valuation reports for the buildings, that however, were not legally certified.
The reports, ostensibly from the chief government valuer and the University College of Lands and Architectural Studies (UCLAS), put the value of the godowns at around $40.5m or 41.8bn/-.
However, TRA lawyer Ms Asha Nassoro objected to the submission of these documents, questioning their authenticity. And the Tax Revenue Appeals Board ruled in favour of this objection, declaring that the documents were indeed not authentic.
We have gone through the objection as raised by Ms Asha Nassoro, and we find that the said documents were prepared on the instance of the prayer from the appellant, and so they cannot be termed as documents worth taking judicial notice of, said the Boards ruling signed by vice-chairperson B.R. Mutungi.
It added: More so, the documents are photocopies and on the basis of the above findings, we uphold the objection raised.
Quality Group had initially tried to dodge taxes amounting to billions of shillings by refusing to disclose to the TRA the sale of its Ubungo godowns to NSSF for 47.5bn/-. The companys tax obligations in the deal included paying capital gains tax, which is 10 per cent of the selling price minus adjusted costs such as depreciation and other expenditures.
However, according to our sources, TRA came to learn about the transaction by itself long after the final payment was made to Quality Group by NSSF.
Ten per cent capital gains tax on the transaction would have amounted to 4.75bn/-, but the figure was lowered to 1.3bn/- after adjusting for depreciation and other costs.
The Prevention of Corruption Bureau (PCB) has also been conducting its own long-running investigation into the NSSF-Quality Group deal, and the University College of Lands and Architectural Studies (UCLAS) has long since distanced itself from the valuation of the godowns involved, that experts assert were grossly overpriced.
It is also understood that TRA has been studying another controversial major transaction between the same company and a different pensions fund - the Public Service Pensions Fund (PSPF). In this deal also concluded in 2004, Quality Group Limited sold its Quality Plaza building in Dar es Salaam to PSPF for 36bn/-.
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Manji fails to prove value of 47.5bn/- NSSF godowns: Valuation reports dismissed as `not authentic`
THISDAY REPORTER
Dar es Salaam
DAR ES SALAAM-based company Quality Group Limited has failed to produce key documents to authenticate the true value of its Ubungo godowns sold to the National Social Security Fund (NSSF) for a massive 47.5bn/-, causing the firm to lose its appeal against a 1.3bn/- tax imposed by the Tanzania Revenue Authority.
Independent experts have argued that the godowns were grossly overpriced and there has been a long-running corruption probe targeting the controversial deal.
The company run by local businessman Yusuf Manji had appealed before the National Tax Revenue Appeals Board in the city after being required by TRA to pay the 1.3bn/- as capital gains tax from the transaction.
Officials from TRA began trailing the deal between Quality Group and NSSF for revenue implications following revelations about the transaction in a series of reports published by THISDAY and its sister KULIKONI newspaper.
Quality Group Limited had sold all its shares in Quality Industrial Park to the pensions fund in August 2004, with the warehouses on Plot No. 16 at Ubungo area in Dar es Salaam listed as the only assets of the industrial park.
In the transaction, the value of the buildings was set at 47.5bn/- and the shares of Quality Industrial Park Limited were valued at the same price, which in effect meant that NSSF had actually bought the godowns for the said amount.
Following an assessment of Quality Group Limiteds tax affairs over a period between 1999 and 2005, TRA established that the deal fell under section 13 of the 1973 Income Tax Act, as the sale of the buildings was a capital gain.
In response to TRAs decision, Quality Group lodged an appeal before the Tax Revenue Appeals Board and was required to provide authentic documentary evidence on the value of the buildings plus the cost incurred in their construction, for tax deductions.
Quality Group had claimed to have spent over 8.4bn/-, a figure equivalent to 21 per cent of the stated total costs of the buildings, purportedly to import steel structures for the buildings from the United States.
However, Quality Group failed to produce tax invoices, receipts or importation documents for the building materials it claimed to have bought in 2003 from an American firm called Starsen Company Limited.
In the hearing of the appeal, lawyers representing Quality Group - Lloyd Nhunga and one Mr Marwa - submitted before the Tax Revenue Appeals Board photocopies of valuation reports for the buildings, that however, were not legally certified.
The reports, ostensibly from the chief government valuer and the University College of Lands and Architectural Studies (UCLAS), put the value of the godowns at around $40.5m or 41.8bn/-.
However, TRA lawyer Ms Asha Nassoro objected to the submission of these documents, questioning their authenticity. And the Tax Revenue Appeals Board ruled in favour of this objection, declaring that the documents were indeed not authentic.
We have gone through the objection as raised by Ms Asha Nassoro, and we find that the said documents were prepared on the instance of the prayer from the appellant, and so they cannot be termed as documents worth taking judicial notice of, said the Boards ruling signed by vice-chairperson B.R. Mutungi.
It added: More so, the documents are photocopies and on the basis of the above findings, we uphold the objection raised.
Quality Group had initially tried to dodge taxes amounting to billions of shillings by refusing to disclose to the TRA the sale of its Ubungo godowns to NSSF for 47.5bn/-. The companys tax obligations in the deal included paying capital gains tax, which is 10 per cent of the selling price minus adjusted costs such as depreciation and other expenditures.
However, according to our sources, TRA came to learn about the transaction by itself long after the final payment was made to Quality Group by NSSF.
Ten per cent capital gains tax on the transaction would have amounted to 4.75bn/-, but the figure was lowered to 1.3bn/- after adjusting for depreciation and other costs.
The Prevention of Corruption Bureau (PCB) has also been conducting its own long-running investigation into the NSSF-Quality Group deal, and the University College of Lands and Architectural Studies (UCLAS) has long since distanced itself from the valuation of the godowns involved, that experts assert were grossly overpriced.
It is also understood that TRA has been studying another controversial major transaction between the same company and a different pensions fund - the Public Service Pensions Fund (PSPF). In this deal also concluded in 2004, Quality Group Limited sold its Quality Plaza building in Dar es Salaam to PSPF for 36bn/-.
Halisi
JF-Expert Member
- Jan 16, 2007
- 2,802
- 617
Sasa jamani, hapa kuna angalao zilizoonekana kisheria na TRA na ziko hadharani ni kodi yetu ya Sh 1.3 bilions. Sasa Anakuja mtu anatoa Sh milioni 100 ili watu waingie mpirani bure. watu wanachekelea, hawajui katika hayo nabilioni, milioni 100 si lolote si chochote. Sasa hivi sisi Watanzania tunahitaji kweli kuangalia mechi bure? Hivi sasa huyu mtu anatusaidia kupanga matumizi ya pesa zetu za kodi? halafu tunamshangilia, kumuabudu na kumtetea!!!!!!!!!!!!!! TUMEROGWAAAAAAAAAAAA???
Hivi leo wanafunzi wa Elimu ya Juu wanahangaika kuhusu ada, je hivi kweli hatuna fedha ama ndio tunapangiwa matumizi? HII NI KERO, INAKERA KWELIKWELI
Hivi leo wanafunzi wa Elimu ya Juu wanahangaika kuhusu ada, je hivi kweli hatuna fedha ama ndio tunapangiwa matumizi? HII NI KERO, INAKERA KWELIKWELI
DAR si LAMU
JF-Expert Member
- Mar 31, 2007
- 2,928
- 560
kaka....karibu baraza tunywe kahawa...turudi majumbani kwetu!....nchi ina wenyewe hii....tuwasindikize!
BAK
JF-Expert Member
- Feb 11, 2007
- 124,769
- 288,283
Manji loses legal tussle with Mengi
THISDAY REPORTER
Dar es Salaam
THE High Court in Dar es Salaam has quashed an order by a lower court allowing city businessman Yusuf Manji to launch a private prosecution of IPP Limited Executive Chairman Reginald Mengi, along with one Dominic Urassa.
In his ruling, High Court judge Augustine Shangwa dismissed proceedings at the Ilala District Court which culminated in the said order.
The lower court, in criminal application number 11 of 2006, had granted permission to Manji, chief executive officer of Quality Group Limited, to prosecute the duo for allegedly giving false information to police officers in Dar es Salaam.
Mr Mengi and Urassa reportedly told the police that Manji had threatened to kill them.
The counsel for the duo, Michael Ngalo, asked the High Court to nullify the lower court proceedings and order on grounds that his clients were not given an opportunity to be heard beforehand.
He also argued that there is no such offence as giving false information to the police in the countrys penal code or any other law.
Judge Shangwa ruled that in the circumstances, there were sufficient grounds for the proceedings and order of the Ilala District Court to be invalidated.
In my considered opinion, the district courts order of granting permission to the respondent in the appeal case to prosecute the applicants privately is improper and incorrect, he said.
The judge countered claims by Manjis counsel that accused persons have no right to be heard before criminal proceedings are instituted against them.
He said accused persons have no right to be heard in public prosecutions, not in private ones.
Unlike in public prosecutions, in private prosecutions leave of court has to be sought before instituting criminal proceedings against anybody, said Judge Shangwa.
He added: Such leave has to be sought by way of chamber application - and the respondent(s) has to be summoned for making a reply to it.
The judge ruled that each party to the application would bear their own costs.
The original Ilala District Court order allowing Manji to prosecute Mengi and Urassa privately was issued by Magistrate M.R Mlawa, based on Manjis own affidavit and in the absence of both Mengi and Urassa.
Manji is also suing Mengi and a number of journalists with Media Solutions Limited, publishers of THISDAY and KULIKONI daily newspapers, over stories published by the newspapers of suspect deals between Quality Group Ltd and two pensions funds, namely the National Social Security Fund (NSSF) and Public Service Pensions Fund (PSPF).
Mengi is the board chairman of Media Solutions Limited.
THISDAYs management team says it is standing 100 per cent behind the series of investigative stories on the transaction between Manjis company and NSSF, which is the subject of ongoing investigations by the Prevention and Combat
THISDAY REPORTER
Dar es Salaam
THE High Court in Dar es Salaam has quashed an order by a lower court allowing city businessman Yusuf Manji to launch a private prosecution of IPP Limited Executive Chairman Reginald Mengi, along with one Dominic Urassa.
In his ruling, High Court judge Augustine Shangwa dismissed proceedings at the Ilala District Court which culminated in the said order.
The lower court, in criminal application number 11 of 2006, had granted permission to Manji, chief executive officer of Quality Group Limited, to prosecute the duo for allegedly giving false information to police officers in Dar es Salaam.
Mr Mengi and Urassa reportedly told the police that Manji had threatened to kill them.
The counsel for the duo, Michael Ngalo, asked the High Court to nullify the lower court proceedings and order on grounds that his clients were not given an opportunity to be heard beforehand.
He also argued that there is no such offence as giving false information to the police in the countrys penal code or any other law.
Judge Shangwa ruled that in the circumstances, there were sufficient grounds for the proceedings and order of the Ilala District Court to be invalidated.
In my considered opinion, the district courts order of granting permission to the respondent in the appeal case to prosecute the applicants privately is improper and incorrect, he said.
The judge countered claims by Manjis counsel that accused persons have no right to be heard before criminal proceedings are instituted against them.
He said accused persons have no right to be heard in public prosecutions, not in private ones.
Unlike in public prosecutions, in private prosecutions leave of court has to be sought before instituting criminal proceedings against anybody, said Judge Shangwa.
He added: Such leave has to be sought by way of chamber application - and the respondent(s) has to be summoned for making a reply to it.
The judge ruled that each party to the application would bear their own costs.
The original Ilala District Court order allowing Manji to prosecute Mengi and Urassa privately was issued by Magistrate M.R Mlawa, based on Manjis own affidavit and in the absence of both Mengi and Urassa.
Manji is also suing Mengi and a number of journalists with Media Solutions Limited, publishers of THISDAY and KULIKONI daily newspapers, over stories published by the newspapers of suspect deals between Quality Group Ltd and two pensions funds, namely the National Social Security Fund (NSSF) and Public Service Pensions Fund (PSPF).
Mengi is the board chairman of Media Solutions Limited.
THISDAYs management team says it is standing 100 per cent behind the series of investigative stories on the transaction between Manjis company and NSSF, which is the subject of ongoing investigations by the Prevention and Combat
Game Theory
JF-Expert Member
- Sep 5, 2006
- 8,546
- 881
SIJUI HII KESI ITAISHA LINI LAKINI LOOKS LIKE BWANA MENGI KASHINDA RAUNDI HII
http://www.tzuk.net/index.php?option=com_content&task=view&id=4125&Itemid=39
http://www.tzuk.net/index.php?option=com_content&task=view&id=4125&Itemid=39
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