The case against Andrew Chenge - HIS SECRET STASH OF CASH IN AN OFFSHORE BANK ACCOUNT | JamiiForums | The Home of Great Thinkers

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Discussion in 'Jukwaa la Siasa' started by DOUBLE AGENT, Jul 12, 2011.

  1. D


    Jul 12, 2011
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    Hata kama PCCB (TAKUKURU) wanasema hawana ushahidi wa rushwa dhidi ya Andrew Chenge (ufisadi wa rada) na Edward Lowassa (Richmond). Sheria za nchi zinaipa TAKUKURU mamlaka ya kuwashitaki kina Chenge na Lowassa kwa kuwa na utajiri usioweza kuelezeka.

    Muda umefika sasa kwa Jakaya Kikwete afanye maamuzi magumu amuagize Edward Hoseah awafikishe mahakamani kina Chenge na Lowassa kujibu mashitaka ya ufisadi mara moja!


    The case against Andrew Chenge


    TANZANIAN investigators have a strong case against former Attorney General Andrew Chenge over his involvement in the military radar scandal, despite last week's attempt by the Minister of State in the President's Office, Mathias Chikawe, to shield the politician from criminal prosecution, it has been revealed.

    Independent legal experts told ThisDay that although Chikawe claimed in Parliament that investigations by the Prevention and Combating of Corruption Bureau (PCCB) and the UK's Serious Fraud Office (SFO) had found no evidence of Chenge's criminal wrongdoing, there was still a solid case against the Member of Parliament.

    Section 27 of the Prevention and Combating of Corruption Act of 2007 clearly states that public leaders such as Chenge shall face criminal charges if found with unexplained wealth, including offshore bank accounts.

    British detectives had uncovered that Chenge has more than $1.5 million stashed away in an offshore bank account in Jersey island.

    According to investigations, Chenge received the money from a company controlled by Shailesh Vithlani, who was the paymaster in the military radar scandal.

    Legal experts told ThisDay that even if the source of the funds were unknown, Chenge was still liable to face criminal charges for possessing unexplained wealth.

    Section 27 of Tanzania's anti-graft legislation on "possession of unexplained property" states that: "A person commits an offence who, being or having been a public official maintains a standard of living above that which is commensurate with his present or past lawful income."

    The legislation says it is also a criminal offence for a public official to own "property disproportionate to his present or past lawful income."

    The law states that unless Chenge "gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such property came under his ownership," he may be liable on conviction to a fine not exceeding 10 million shillings or to imprisonment for a term not exceeding seven yeas or to both.

    Although a fine of 10m/- would be mere "pocket change" (vijisenti tu) to a man of Chenge's means, the prosecution of the case would have restored much-needed public confidence in PCCB and the government, which stand accused of protecting prominent individuals linked to the ruling Chama Cha Mapinduzi from prosecution.

    Government officials confirmed to ThisDay that Chenge never declared his "hidden" assets, including the offshore bank account, to the Public Leadership Ethics Secretariat, contrary to the law.

    A well-respected lawyer, Mabere Marando, told our sister newspaper, Kulikoni, last week that the government has ample evidence to prosecute Chenge.

    "The government can easily prosecute those behind the radar transaction (including Chenge) very easily. They have a ton of evidence for a water-tight case," he said.

    "Chenge received payment in his offshore bank account from a company that received dubious funds from BAE System. Chenge in turn transferred $600,000 to former Bank of Tanzania Governor Idris Rashidi. What more evidence does the government need?"

    Legal experts say unexplained wealth among public officials such as Chenge was a manifestation of corruption, although the former AG denies any criminal wrongdoing.

    A UK judge who deliberated on the plea bargain deal between the SFO and BAE in December 2010, noted that secret payments made by Britain's leading arms manufacturer to Vithlani were likely used to bribe Tanzanian officials to approve the radar transaction.

    "The victims of this way of obtaining business, if I have correctly analysed it, are not the people of te UK, but the people of Tanzania. The airport at Dar es Salaam could no doubt have had a new radar system for a good deal less than $40 million if $12 million had not been paid to Mr Vithlani," said Justice Bean in his sentence.

    "...there was high probability that part of the $12.4 million would be used in the negotiation process to favour British Aerospace Defence Systems Ltd."

    The judge said BAE made secret payments to Vithlani via two offshore companies with the intention that the fugitive businessman "should have free rein to make such payments to such people as he thought fit in order to secure the radar contract."

    Chenge, who received more than $1 million from Vithlani's company, had given a legal opinion to the Tanzanian government as AG in favour of the radar deal.

    Without Chenge's approval, the radar transaction would not have been sanctioned by former President Benjamin Mkapa's government.

    Merlin International Limited, jointly formed by Vithlani and Tanil Somaiya of Shivacom Group, received 1 percent commission on the radar purchase price.

    Envers Trading Corporation, an offshore company controlled by Vithlani and Tanil, received 30 percent of the radar contract price.

    Chenge, who was Attorney General between 1995 and 2006, played a major role in negotiations for the purchase of the controversial radar system.

    "Chenge became directly involved with numerous aspects of the contract negotiations, notably the financing of the purchase," says part of an SFO document.

    "Without the agreement of the Attorney General, the financing package, backed by the Barclays Bank, could not be agreed. The Attorney General was required to comment and approve the financing of the package," says the SFO.

    British detectives concluded that there are reasonable grounds to believe that in taking the foregoing legal stance, Chenge was putting the economic interests of Tanzania at risk.

    The SFO investigations revealed that between June 1997 and April 1998, Chenge received 1.5 million US dollars through an account controlled by his company, Franton Investments at Jersey branch of Barclays Bank.

    The transfers, in Deutschmarks from account name BZW, Barclays Bank PLC, Brokenheimer Landesstrasse 38-40, PO BOX 170125, 6000 Frankfurt 1, were made to Franton's US dollar account at Barclays Bank sort code 204505 account number 59662999 were as follows:

    * Date: 19.06.1997-payment 499,731.87 DM-Credit $287,615.46-Bank Ref 252265

    * Date: 30.07.1997-payment 399,781.73 DM-Credit-$216,193.41-Bank Ref 252911

    * Date: 25.09.1997-payment 699,631.65 DM Credit-$391,852.92-Bank Ref 792717

    * Date: 05.12.1997-payment 719,612.29 DM-Credit-$406,119.55-Bank Ref 720628

    * Date: 29.12.1997-payment 349,825.00 DM-Credit-$196,443.60-Bank Ref 252932

    * Date: 17.02.1998-payment 357,664.31 DM-Credit-$196,164.03-Bank Ref 749966

    * Date: 17.04.1998-payment 176,218.63 DM-Credit-$097,332.06-Bank Ref 252517​

    Following the dubious payments into Chenge's bank account, Barclays Bank demanded an explanation from the former AG on the origin of the funds.

    Barclays Bank was forced to end its relationship with Chenge after he gave contradicting explanations on the money.

    "It appears that Mr Chenge failed to respond to reasonable requests from the bank to identify what the funds represented," said the SFO in a letter to the Tanzanian government.

    Source: ThisDay - July 11, 2011 issue
  2. M

    Mtanzania Huru Member

    Jul 12, 2011
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    Kumbe sheria ziko wazi kwamba kiongozi wa umma akiwa na utajiri wa mashaka (unexplained property) anatakiwa ashitakiwe mahakamani kwa rushwa. Chenge amekutwa za zaidi ya $1.5 million kwenye akaunti ya nje, TAKUKURU wanaona kigugumizi gani kumfikisha mahakamani?

    Ndiyo maana Lowassa anapata jeuri ya kuiambia serikali ya Kikwete kuwa inashindwa kufanya maamuzi magumu!
  3. W

    WildCard JF-Expert Member

    Jul 12, 2011
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    TAKUKURU wanaendelea kutuzuga kwamba uchunguzi umeshindwa kuthibitisha wakati walitakiwa tu kumsimamisha Chenge mahakamani aseme kazipataje fedha zile. Bahati mbaya pia hatuna Mbunge jasiri wa kuliweka bayana hili bungeni. Wanaogopa Chenge atamwaga mboga?
  4. JamboJema

    JamboJema JF-Expert Member

    Jul 12, 2011
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    Suala la unexplained property kwangu ni gumu kuliko mnavyotaka kuliweka. Everything that you own, do you thing is explainable?
  5. W

    WildCard JF-Expert Member

    Jul 12, 2011
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    Hata dola milioni moja kwa mtumishi wa UMMA?
  6. D


    Jul 12, 2011
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    Serikali makini za nchi nyingi kutumia sheria kama hii kuzuia viongozi wa umma wasile rushwa wakiwa madarakani na kujilimbikizia mali. Yaani kiongozi wa umma akifikishwa mahakamani burden of proof ni kwake kuthibitisha mali alizokuwa nazo amezipata kwa njia halali gani? Kama ni kutokana na rushwa basi ni dhahiri kuwa atashindwa kuthibitisha hizo mali kazipata wapi na sheria itachukua mkondo wake.

    TAKUKURU wangetumia kipengele hiki cha sheria viongozi wote wa umma wenye mali za kifisadi kama Chenge na Lowassa wote wangetiwa hatiani.
  7. M

    Mp Kalix2 JF-Expert Member

    Nov 11, 2015
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    Kila kitu Bongo linapita kama ajali vile!

    Sijui na hili limeishia wapi vile?