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- Jan 24, 2012
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Aliyekuwa Mkuu wa kitengo uwekezaji katika Benki ya Stanbic (Standard bank) na ambaye amefunguliwa kesi na PCCB mahakama ya Kisutu kwa makosa ya utakatishaji fedha, akiwemo pia Kamishna wa zamani TRA Harry Kitilya, amefungua kesi ya madai ya dola milioni 30 mahakama kuu akiishtaki Stanbic kwamba imemchafulia jina lake kwa kumuhusisha na rushwa kwenye sakata la EGMA na "bond" ya Usd.600 milioni kwa Serikali ya Tanzania.
Ameeleza kuwa Standard bank - UK wanamhusisha na kuwaingiza EGMA kwenye majadiliano ya mkopo wakati tangu awali walikuwa wanajua suala hilo na halikuwa jipya kwao (Standard bank).
Inavyooshesha katika utetezi wao kwa SFO Uingereza Standard bank walijifanya hawakuwa na taarifa juu ya EGMA wakati wanajua "draft" ya mkataba kati ya Serikali ya Tanzania, EGMA na Standard bank iliandaliwa na Anne Marie Salan (Debt Primary Markets) na kusimamiwa na Florian Von Harting, wote wakiwa wafanyakazi wa Standard Bank London.
Source: Daily News:
My take:
Nafikiri anachokisema Shose Senare ni kwamba Standard bank UK waliamua kumuangushia jumba bovu ili kukwepa uhusika wao wa moja kwa moja ili kuepuka faini kubwa na kutowaudhi investors.
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The former Miss Tanzania 2006 is seeking damages amounting to 30 million US dollars on the basis of some allegations against her that she participated or was involved in committing bribery in the transactions to raise a bond of 600 million US dollars for the government of Tanzania by the virtue of her position working at Stanbic Bank.
The main issues she raises are that Standard Bank Plc made serious allegations against her without availing her opportunity to be heard.
According to Ms Sinare, Standard Bank, having succeeded in winning the mandate from the government of Tanzania to raise the sum of 600 million US dollars for infrastructural development projects, on its own volition, made a self-report to Serious Fraud Offences (SFO) for having failed to stop those working in its mandate not to engage in giving bribery to Tanzanian officials to secure a bid.
In the document seen by the ‘Daily News’, Ms Sinare hints that Standard Bank Plc deliberately or by design abdicated its responsibility by making serious allegations that rogue senior officials namely the CEO and Sinare, were responsible for introducing a third party to the negotiation process and transactions, known as Enterprise Growth Market Advisors Limited (EGMA) as if their responsibility and activities were not known to principal participants, specifically Standard Bank.
Standard Bank claimed that EGMA was smuggled in the transactional process of raising the bond, and was paid 1 per cent part of 2.4 per cent of the gross proceeds and used the amount to induce representatives of the government of Tanzania to improperly perform relevant activities in favour of Standard Bank in relation to the transaction.
It is against this backdrop that Ms Sinare is taking up issues with Stanbic Bank, the first defendant in the case for making gross misrepresentations and falsehoods about what transpired in the negotiation process and execution of the Agreement between principal parties and between the principal party (2nd defendant) and third party EGMA.
According to the document, the plaintiff charges that Standard Bank misrepresented the fact by stating that it was not aware of the third party, that is, EGMA in the transaction, while in truth it was aware of the EGMA as part of the transaction team long time even before the signing of the Mandate and Fee Letters. She claimed that all misrepresentations made also include falsehoods about the status and activities of EGMA.
“The truth the draft Collaboration Agreement was drafted by Anne Marie Salan (Debt Primary Markets) and circulated to the deal team under the supervision of Florian Von Harting, both employees of Standard Bank in London,” reads part of the document.
Ms Sinare noted that Standard Bank made false claim that she resigned from the employment at Stanbic Bank to conceal from investigation of the role of EGMA in the transaction.
This is justified by the fact that after her resignation, she was asked to travel to Johannesburg, South Africa where the Standard Group is headquartered and was questioned without being notified that she was herself already accused of committing a serious criminal offence, without benefit of counsel and without being provided with any report to respond to accusations made against her.
It is quite clear that Standard bank was trying to find a scapegoat to protect her interests. According to Ms Sinare, while she was in South Africa at a breakfast meeting, Mr Helmut Engelbrecht, the Head of Investment Banking in Africa, in response to the call made by the two banks, stated to Ms Sinare that; “It was essential that the bank is not in any way implicated in the allegations of or impression of bribery because if it was it could lose it banking licence in the UK or forced to refund investors the entire US $ 600 million US dollars and or lose a very important transaction with the ICBC of China, which was negotiating to sell its business in London”.
The plaintiff is convinced that the Deferred Prosecution Agreement (DPA) was resorted to by Standard Bank for the purpose of saving their international business interests to the detriment of the plaintiff.
The damages sought by the plaintiff are related to her tarnished image because of the allegations citing her for wrong doing in the Deferred Prosecution Agreement (DPA) between Standard Bank and SFO.
The plaintiff claims that she was not called upon to defend herself and tell her side of what she knows about EGMA and the transactions that took place between parties.
Ameeleza kuwa Standard bank - UK wanamhusisha na kuwaingiza EGMA kwenye majadiliano ya mkopo wakati tangu awali walikuwa wanajua suala hilo na halikuwa jipya kwao (Standard bank).
Inavyooshesha katika utetezi wao kwa SFO Uingereza Standard bank walijifanya hawakuwa na taarifa juu ya EGMA wakati wanajua "draft" ya mkataba kati ya Serikali ya Tanzania, EGMA na Standard bank iliandaliwa na Anne Marie Salan (Debt Primary Markets) na kusimamiwa na Florian Von Harting, wote wakiwa wafanyakazi wa Standard Bank London.
Source: Daily News:
My take:
Nafikiri anachokisema Shose Senare ni kwamba Standard bank UK waliamua kumuangushia jumba bovu ili kukwepa uhusika wao wa moja kwa moja ili kuepuka faini kubwa na kutowaudhi investors.
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The former Miss Tanzania 2006 is seeking damages amounting to 30 million US dollars on the basis of some allegations against her that she participated or was involved in committing bribery in the transactions to raise a bond of 600 million US dollars for the government of Tanzania by the virtue of her position working at Stanbic Bank.
The main issues she raises are that Standard Bank Plc made serious allegations against her without availing her opportunity to be heard.
According to Ms Sinare, Standard Bank, having succeeded in winning the mandate from the government of Tanzania to raise the sum of 600 million US dollars for infrastructural development projects, on its own volition, made a self-report to Serious Fraud Offences (SFO) for having failed to stop those working in its mandate not to engage in giving bribery to Tanzanian officials to secure a bid.
In the document seen by the ‘Daily News’, Ms Sinare hints that Standard Bank Plc deliberately or by design abdicated its responsibility by making serious allegations that rogue senior officials namely the CEO and Sinare, were responsible for introducing a third party to the negotiation process and transactions, known as Enterprise Growth Market Advisors Limited (EGMA) as if their responsibility and activities were not known to principal participants, specifically Standard Bank.
Standard Bank claimed that EGMA was smuggled in the transactional process of raising the bond, and was paid 1 per cent part of 2.4 per cent of the gross proceeds and used the amount to induce representatives of the government of Tanzania to improperly perform relevant activities in favour of Standard Bank in relation to the transaction.
It is against this backdrop that Ms Sinare is taking up issues with Stanbic Bank, the first defendant in the case for making gross misrepresentations and falsehoods about what transpired in the negotiation process and execution of the Agreement between principal parties and between the principal party (2nd defendant) and third party EGMA.
According to the document, the plaintiff charges that Standard Bank misrepresented the fact by stating that it was not aware of the third party, that is, EGMA in the transaction, while in truth it was aware of the EGMA as part of the transaction team long time even before the signing of the Mandate and Fee Letters. She claimed that all misrepresentations made also include falsehoods about the status and activities of EGMA.
“The truth the draft Collaboration Agreement was drafted by Anne Marie Salan (Debt Primary Markets) and circulated to the deal team under the supervision of Florian Von Harting, both employees of Standard Bank in London,” reads part of the document.
Ms Sinare noted that Standard Bank made false claim that she resigned from the employment at Stanbic Bank to conceal from investigation of the role of EGMA in the transaction.
This is justified by the fact that after her resignation, she was asked to travel to Johannesburg, South Africa where the Standard Group is headquartered and was questioned without being notified that she was herself already accused of committing a serious criminal offence, without benefit of counsel and without being provided with any report to respond to accusations made against her.
It is quite clear that Standard bank was trying to find a scapegoat to protect her interests. According to Ms Sinare, while she was in South Africa at a breakfast meeting, Mr Helmut Engelbrecht, the Head of Investment Banking in Africa, in response to the call made by the two banks, stated to Ms Sinare that; “It was essential that the bank is not in any way implicated in the allegations of or impression of bribery because if it was it could lose it banking licence in the UK or forced to refund investors the entire US $ 600 million US dollars and or lose a very important transaction with the ICBC of China, which was negotiating to sell its business in London”.
The plaintiff is convinced that the Deferred Prosecution Agreement (DPA) was resorted to by Standard Bank for the purpose of saving their international business interests to the detriment of the plaintiff.
The damages sought by the plaintiff are related to her tarnished image because of the allegations citing her for wrong doing in the Deferred Prosecution Agreement (DPA) between Standard Bank and SFO.
The plaintiff claims that she was not called upon to defend herself and tell her side of what she knows about EGMA and the transactions that took place between parties.
