Informer
JF-Expert Member
- Jul 29, 2006
- 1,582
- 6,627
Accacia Mining Company is seriously accused of corruption scandal to influence Tanzania’s government officials to favour the company in valuation process to expand the mining area against the interests of villagers and government in Mara region.
Two Accacia Official working with North Mara Mining in Tanzania (NMML), Marteen Van Der and Johanness Jansen and others were on Wednesday October 10, 2018 dragged before the Tarime Resident Magistrate’s Court being charged for corruption offence under Prevention and Combating of Corruption Act, No. 11 of 2007.
It was revealed before the Court that the suspects, Marteen Van Der and Johanness Jansen Van Vuuren on the 17th May 2013 at NMML office in Tarime District, Mara Region, bribed Adam Yusuph, a Principal Government Valuer with Tshs. 93,869,000/- , to influence him so that he could favour the mining company in valuation process to expand the mining area. Yusuph is also Chair of Taskforce charged with overseeing the land valuation for expansion of North Mara Gold Mine.
The Mining Company officials are also allegedly on the same date that they gave Tshs. 30,000,000 to Peter Elias Mrema, Principal Government Valuer inducing him to for inducement so that he could favour them in valuation process of expansion of North Mara Gold Mine.
On the same corruption scandal, Peter Elias Mrema is accused that on the 17th May 2013 at North Mara Gold Mine (NMGM) office being the Government Valuer in the Ministry of Lands and Human Settlement did corruptly received Tshs. 30,000,000 from and Johanness Jansen Van and Marteen Van Der Welf in order to favour the Mining Company in valuation process of expansion of North Mara Gold Mine.
In the same case, Joseph Thomas Kleruu also appeared before the same Court in allegation to have corruptly obtained consultancy services contract on March 7th, 2012 for conducting land valuation Farm No. 190 located in Tarime District from NMGM as an inducement so that he could help them to acquire the area for the expansion of North Mara Gold Mine.
The case included also Abel Mnyakibari who on different dates between January 2013 and December, 2017 at NMGM office, as Chairperson of Nyakunguru Village allegedly obtained a sum of Tshs. 966,687,343 from NMGM as inducement so that he could deal with errant villagers and he refused to pay other villagers their dues in terms of compensation. Mnyakibari is also accused of obtaining at sum of Tshs. 90,251,475 from NMGM as an inducement so that he could refrain from making follow up of compensation of more than 800 villagers of Kewanja Village for their land taken by NMGM.
The last suspect is Bogomba Rashidi Chichake and Tanzania O’Mtima whereas on different dates between January 2006 and May, 2018 at NMGM office, being Ward Councilor for Kemambo Ward and Managing Director and Stakeholder of Mara Kaskazini Enterprise , did corruptly obtained tenders worth Tshs 7,709,575,914,19 and 1,102,880,81 from North Mara Gold Mine as an inducement to prevent Nyabigena Primary School from being transferred from Mrwambe area to Mgema area hence North Mara Gold Mining will construct the school in a very low cost.
North Mara Gold Mine is a combined open pit and underground gold mine in Tarime District. It is one of the three gold mines Accacia Mining Plc. A company listed on the London Stoke-Exchange, operating in Tanzania, the other two being Bulyankhulu and Buzwagi Gold Mine.
On 4th July 2017 Acacia Mining plc, a UK based company has initiate an arbitration dispute in the London Court of International Arbitration with Tanzania through Bulyanhulu Gold Mine Limited and Pangea Minerals Limited to challenge the decision of the Government to ban export of mineral concentrates.
DETAILS:
MARTEEN VAN DER WELF in conjugation with JOHANNESS JENSEN VAN VUUREN on 17th May, 2013 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Finance Superintendent and land Manager of North Mara Gold Mine respectively, did corruptly give and advantage of Tshs 93,896,000 to Adam Yusuph Principal Government Valuer and Chair of the Taskforce charged with overseeing the land valuation process for expansion of North Mara Gold Mine as an inducement so that he could favour them in valuation process for the expansion of North Mara Gold Mine.
MARTEEN VAN DER WELF in conjugation with JOHANNESS JENSEN VAN VUUREN on 17th May, 2013 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Finance Superintendent and land Manager of North Mara Gold Mine respectively, did corruptly give and advantage of Tshs 30,000,000 to Peter Elias Mrema Principal Government Valuer for inducement so that he could favour them in valuation process for expansion of North Mara Gold Mine.
PETER ELIAS MREMA on 17th May, 2013 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a government valuer in the Ministry of Lands and Human Settlement did corruptly obtain for himself and advantage of Tshs 30,000,000 from JOHANNESS JENSEN VAN and MARTEEN VAN DER WELF as an inducement so that he could favour them in valuation process for expansion of North Mara Gold Mine.
JOSEPH THOMAS KLERUU on diverse date between 02nd May 2013 and 06th day of June 2013 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Principal Government Valuer and Government Advisor on all land valuation matters did corruptly obtain a consultancy service contract for conducting land valuation on land acquisition in respect of the expansion of North Mara Gold Mine (NMGM) worth USD 245,650.75 from North Mara Gold Mine Limited (NMGM) as an inducement so that he could favor them in valuation of land which facilitated compensation to remove villagers who reside besides North Mara Gold Mine (NMGM) the matter which is related to his principal’s affairs.
JOSEPH THOMAS KLERUU on diverse date between 12th September 2013 and 20th day of November 2013 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Principal Government Valuer and Government advisor on all land valuation matters did corruptly obtain Deed of variation for consultancy service contract for conducting land valuation on land acquisition in respect of the expansion of North Mara Gold Mine (NMGM) worth USD 681,572.00 from North Mara Gold Mine Limited (NMGM) as an inducement so that he could favor them in valuation of land which facilitated compensation to remove villagers who reside besides North Mara Gold Mine (NMGM) the matter which is related to his principal’s affairs.
JOSEPH THOMAS KLERUU on 29 day of November 2011 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Principal Government Valuer and Government advisor on all land valuation matters did corruptly obtain consultancy service contract for conducting land valuation in respect of piece of land belonging to the family of MR Kihinda from North Mara Gold Mine Limited (NMGM) as an inducement so that he could help them to acquire the area for expansion of their North Mara Gold Mine (NMGM) the matter which is related to his principal’s affairs.
JOSEPH THOMAS KLERUU on 7th day of March 2012 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Principal Government Valuer and Government advisor on all land valuation matters did corruptly obtain a consultancy service contract for conducting land valuation of Farm No 190 located in Tarime District from North Mara Gold Mine Limited (NMGM) as an inducement so that he could help them to acquire the area for expand of their North Mara Gold Mine (NMGM) the matter which is related to his principal’s affairs.
Abel Mnyakibari on divers dates between January 2013 and December, 2017 at North Mara Gold Mining office within Tarime District,. Being and Chairpesron of Nyakunguru Village corruptly obtained a sum of Tshs. 966,687,343 from Nortyh Mara Gold Mine as inducement so that he could deal with errant violagers and he refused to pay other villagers their dues in terms of compensation on different ground.
On diverse dates between January 2010 and December 2015 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being Kewanja Village Chairman did corruptly obtain for himself an advantage of sum of Tshs 90,251,475/= from North Mara Gold Mine (NMGM) as an inducement so that he could refrain from making follow up of compensation of more than 800 villagers of Kewanja Village for their land taken by North Mara Gold Mine (NMGM) matter which is related to his principal’s affairs.
BOGOMBA RASHIDI CHICHAKE and TANZANIA O’MTIMA on diverse dates between January 2006 and May, 2018 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being Councilor for Kemambo Ward and Managing Director and Shareholder of Mara Kaskazini Enterprises did corruptly obtain tenders worth Tshs 7,709,575,914.19/= and Tshs.1,102, 880.81 from North Mara Gold Mine (NMGM) as an inducement so that Nyabigena Primary School will not be transferred from Mrwambe area to Mgema area hence North Mara Gold Mine (NMGM) will construct the school in a very low cost matter which is related to the principal affairs.
North Mara Gold Mine is a combined open pit and underground gold mine in the Tarime District of the Mara Region of Tanzania. It is one of three gold mines Acacia Mining plc, a company listed on the London Stock Exchange, operates in Tanzania, the other two being Bulyanhulu and the Buzwagi Gold Mine.
On 4th of July 2017 Acacia Mining plc, a UK based company has initiate an arbitration dispute in the London Court of International Arbitration (LCIA) with Tanzania through Bulyanhulu Gold Mine Limited (“BGML”) and Pangea Minerals Limited (“PML”) to challenge the decision of the Government to ban export of mineral concentrates.
CHARGES:
======
From ACACIA HQ:
Update on North Mara
11 Oct 2018
The Company advises that one of its Group’s employees in Tanzania, a South African national, has been charged by the Tanzanian Prevention and Combating of Corruption Bureau (PCCB) with an offence under the Tanzanian Prevention and Combating of Corruption Act. The employee has pleaded not guilty, and been granted bail. The charges relate to the historical activities of a Land Task Force (LTF) conceived and agreed between the Government of Tanzania (GoT) and North Mara Gold Mine Limited (NMGML) in 2012 to create a transparent, safe, fair and inclusive process for valuing land that might be purchased by agreement around the North Mara mine, and which operated between 2013 and 2015.
The Company notes that the employee who has been charged was not involved in the LTF process, and appears to have been charged due to his being responsible for signing cheques for approved payments made by NMGML at the time, including a cheque regarding the agreed LTF process. Two former government officials were charged in connection with receiving funds paid by NMGML through the same transaction, while a former employee of NMGML, who left the Group in 2014, was named in connection with the transaction but the Company does not believe he has yet been charged.
The Company further notes that the PCCB has laid additional charges against a number of government officials in connection with their relationships with NMGML and North Mara, one of which also relates to the LTF exercise, but no further charges have been laid against NMGML or any of the Group’s employees.
The Company is committed to running its business to the highest ethical standards and is taking this matter extremely seriously. The Company notes that historical allegations and issues around the creation and implementation of the LTF at North Mara from 2013 to 2015 have been subsequently investigated over the past four years, including by the PCCB itself since early 2017, and NMGML and the Company have been working with and assisting the responsible authorities throughout.
In the meantime, the Company notes that its 19 month dispute with the GoT remains unresolved, and that we continue to engage with Barrick Gold Corporation (“Barrick”) to seek to understand Barrick’s expectations for the future conduct and a timetable for the completion of its discussions with the GoT. The Company remains of the view that a sustainable negotiated resolution of its disputes with the GoT is the preferred outcome, but the interests of all stakeholders are being protected through the international arbitrations commenced in respect of its Bulyanhulu and Buzwagi businesses, with a number of procedural steps completed and in which the GoT has been fully participating. The Company’s operations at North Mara, Bulyanhulu and Buzwagi remain unaffected.
The Company will provide an update in due course.
Two Accacia Official working with North Mara Mining in Tanzania (NMML), Marteen Van Der and Johanness Jansen and others were on Wednesday October 10, 2018 dragged before the Tarime Resident Magistrate’s Court being charged for corruption offence under Prevention and Combating of Corruption Act, No. 11 of 2007.
It was revealed before the Court that the suspects, Marteen Van Der and Johanness Jansen Van Vuuren on the 17th May 2013 at NMML office in Tarime District, Mara Region, bribed Adam Yusuph, a Principal Government Valuer with Tshs. 93,869,000/- , to influence him so that he could favour the mining company in valuation process to expand the mining area. Yusuph is also Chair of Taskforce charged with overseeing the land valuation for expansion of North Mara Gold Mine.
The Mining Company officials are also allegedly on the same date that they gave Tshs. 30,000,000 to Peter Elias Mrema, Principal Government Valuer inducing him to for inducement so that he could favour them in valuation process of expansion of North Mara Gold Mine.
On the same corruption scandal, Peter Elias Mrema is accused that on the 17th May 2013 at North Mara Gold Mine (NMGM) office being the Government Valuer in the Ministry of Lands and Human Settlement did corruptly received Tshs. 30,000,000 from and Johanness Jansen Van and Marteen Van Der Welf in order to favour the Mining Company in valuation process of expansion of North Mara Gold Mine.
In the same case, Joseph Thomas Kleruu also appeared before the same Court in allegation to have corruptly obtained consultancy services contract on March 7th, 2012 for conducting land valuation Farm No. 190 located in Tarime District from NMGM as an inducement so that he could help them to acquire the area for the expansion of North Mara Gold Mine.
The case included also Abel Mnyakibari who on different dates between January 2013 and December, 2017 at NMGM office, as Chairperson of Nyakunguru Village allegedly obtained a sum of Tshs. 966,687,343 from NMGM as inducement so that he could deal with errant villagers and he refused to pay other villagers their dues in terms of compensation. Mnyakibari is also accused of obtaining at sum of Tshs. 90,251,475 from NMGM as an inducement so that he could refrain from making follow up of compensation of more than 800 villagers of Kewanja Village for their land taken by NMGM.
The last suspect is Bogomba Rashidi Chichake and Tanzania O’Mtima whereas on different dates between January 2006 and May, 2018 at NMGM office, being Ward Councilor for Kemambo Ward and Managing Director and Stakeholder of Mara Kaskazini Enterprise , did corruptly obtained tenders worth Tshs 7,709,575,914,19 and 1,102,880,81 from North Mara Gold Mine as an inducement to prevent Nyabigena Primary School from being transferred from Mrwambe area to Mgema area hence North Mara Gold Mining will construct the school in a very low cost.
North Mara Gold Mine is a combined open pit and underground gold mine in Tarime District. It is one of the three gold mines Accacia Mining Plc. A company listed on the London Stoke-Exchange, operating in Tanzania, the other two being Bulyankhulu and Buzwagi Gold Mine.
On 4th July 2017 Acacia Mining plc, a UK based company has initiate an arbitration dispute in the London Court of International Arbitration with Tanzania through Bulyanhulu Gold Mine Limited and Pangea Minerals Limited to challenge the decision of the Government to ban export of mineral concentrates.
DETAILS:
MARTEEN VAN DER WELF in conjugation with JOHANNESS JENSEN VAN VUUREN on 17th May, 2013 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Finance Superintendent and land Manager of North Mara Gold Mine respectively, did corruptly give and advantage of Tshs 93,896,000 to Adam Yusuph Principal Government Valuer and Chair of the Taskforce charged with overseeing the land valuation process for expansion of North Mara Gold Mine as an inducement so that he could favour them in valuation process for the expansion of North Mara Gold Mine.
MARTEEN VAN DER WELF in conjugation with JOHANNESS JENSEN VAN VUUREN on 17th May, 2013 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Finance Superintendent and land Manager of North Mara Gold Mine respectively, did corruptly give and advantage of Tshs 30,000,000 to Peter Elias Mrema Principal Government Valuer for inducement so that he could favour them in valuation process for expansion of North Mara Gold Mine.
PETER ELIAS MREMA on 17th May, 2013 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a government valuer in the Ministry of Lands and Human Settlement did corruptly obtain for himself and advantage of Tshs 30,000,000 from JOHANNESS JENSEN VAN and MARTEEN VAN DER WELF as an inducement so that he could favour them in valuation process for expansion of North Mara Gold Mine.
JOSEPH THOMAS KLERUU on diverse date between 02nd May 2013 and 06th day of June 2013 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Principal Government Valuer and Government Advisor on all land valuation matters did corruptly obtain a consultancy service contract for conducting land valuation on land acquisition in respect of the expansion of North Mara Gold Mine (NMGM) worth USD 245,650.75 from North Mara Gold Mine Limited (NMGM) as an inducement so that he could favor them in valuation of land which facilitated compensation to remove villagers who reside besides North Mara Gold Mine (NMGM) the matter which is related to his principal’s affairs.
JOSEPH THOMAS KLERUU on diverse date between 12th September 2013 and 20th day of November 2013 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Principal Government Valuer and Government advisor on all land valuation matters did corruptly obtain Deed of variation for consultancy service contract for conducting land valuation on land acquisition in respect of the expansion of North Mara Gold Mine (NMGM) worth USD 681,572.00 from North Mara Gold Mine Limited (NMGM) as an inducement so that he could favor them in valuation of land which facilitated compensation to remove villagers who reside besides North Mara Gold Mine (NMGM) the matter which is related to his principal’s affairs.
JOSEPH THOMAS KLERUU on 29 day of November 2011 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Principal Government Valuer and Government advisor on all land valuation matters did corruptly obtain consultancy service contract for conducting land valuation in respect of piece of land belonging to the family of MR Kihinda from North Mara Gold Mine Limited (NMGM) as an inducement so that he could help them to acquire the area for expansion of their North Mara Gold Mine (NMGM) the matter which is related to his principal’s affairs.
JOSEPH THOMAS KLERUU on 7th day of March 2012 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being a Principal Government Valuer and Government advisor on all land valuation matters did corruptly obtain a consultancy service contract for conducting land valuation of Farm No 190 located in Tarime District from North Mara Gold Mine Limited (NMGM) as an inducement so that he could help them to acquire the area for expand of their North Mara Gold Mine (NMGM) the matter which is related to his principal’s affairs.
Abel Mnyakibari on divers dates between January 2013 and December, 2017 at North Mara Gold Mining office within Tarime District,. Being and Chairpesron of Nyakunguru Village corruptly obtained a sum of Tshs. 966,687,343 from Nortyh Mara Gold Mine as inducement so that he could deal with errant violagers and he refused to pay other villagers their dues in terms of compensation on different ground.
On diverse dates between January 2010 and December 2015 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being Kewanja Village Chairman did corruptly obtain for himself an advantage of sum of Tshs 90,251,475/= from North Mara Gold Mine (NMGM) as an inducement so that he could refrain from making follow up of compensation of more than 800 villagers of Kewanja Village for their land taken by North Mara Gold Mine (NMGM) matter which is related to his principal’s affairs.
BOGOMBA RASHIDI CHICHAKE and TANZANIA O’MTIMA on diverse dates between January 2006 and May, 2018 at North Mara Gold Mine (NMGM) office within Tarime District in Mara Region being Councilor for Kemambo Ward and Managing Director and Shareholder of Mara Kaskazini Enterprises did corruptly obtain tenders worth Tshs 7,709,575,914.19/= and Tshs.1,102, 880.81 from North Mara Gold Mine (NMGM) as an inducement so that Nyabigena Primary School will not be transferred from Mrwambe area to Mgema area hence North Mara Gold Mine (NMGM) will construct the school in a very low cost matter which is related to the principal affairs.
North Mara Gold Mine is a combined open pit and underground gold mine in the Tarime District of the Mara Region of Tanzania. It is one of three gold mines Acacia Mining plc, a company listed on the London Stock Exchange, operates in Tanzania, the other two being Bulyanhulu and the Buzwagi Gold Mine.
On 4th of July 2017 Acacia Mining plc, a UK based company has initiate an arbitration dispute in the London Court of International Arbitration (LCIA) with Tanzania through Bulyanhulu Gold Mine Limited (“BGML”) and Pangea Minerals Limited (“PML”) to challenge the decision of the Government to ban export of mineral concentrates.
CHARGES:
======
From ACACIA HQ:
Update on North Mara
11 Oct 2018
The Company advises that one of its Group’s employees in Tanzania, a South African national, has been charged by the Tanzanian Prevention and Combating of Corruption Bureau (PCCB) with an offence under the Tanzanian Prevention and Combating of Corruption Act. The employee has pleaded not guilty, and been granted bail. The charges relate to the historical activities of a Land Task Force (LTF) conceived and agreed between the Government of Tanzania (GoT) and North Mara Gold Mine Limited (NMGML) in 2012 to create a transparent, safe, fair and inclusive process for valuing land that might be purchased by agreement around the North Mara mine, and which operated between 2013 and 2015.
The Company notes that the employee who has been charged was not involved in the LTF process, and appears to have been charged due to his being responsible for signing cheques for approved payments made by NMGML at the time, including a cheque regarding the agreed LTF process. Two former government officials were charged in connection with receiving funds paid by NMGML through the same transaction, while a former employee of NMGML, who left the Group in 2014, was named in connection with the transaction but the Company does not believe he has yet been charged.
The Company further notes that the PCCB has laid additional charges against a number of government officials in connection with their relationships with NMGML and North Mara, one of which also relates to the LTF exercise, but no further charges have been laid against NMGML or any of the Group’s employees.
The Company is committed to running its business to the highest ethical standards and is taking this matter extremely seriously. The Company notes that historical allegations and issues around the creation and implementation of the LTF at North Mara from 2013 to 2015 have been subsequently investigated over the past four years, including by the PCCB itself since early 2017, and NMGML and the Company have been working with and assisting the responsible authorities throughout.
In the meantime, the Company notes that its 19 month dispute with the GoT remains unresolved, and that we continue to engage with Barrick Gold Corporation (“Barrick”) to seek to understand Barrick’s expectations for the future conduct and a timetable for the completion of its discussions with the GoT. The Company remains of the view that a sustainable negotiated resolution of its disputes with the GoT is the preferred outcome, but the interests of all stakeholders are being protected through the international arbitrations commenced in respect of its Bulyanhulu and Buzwagi businesses, with a number of procedural steps completed and in which the GoT has been fully participating. The Company’s operations at North Mara, Bulyanhulu and Buzwagi remain unaffected.
The Company will provide an update in due course.
