TICTS: The inside story

[Halisi]

Kuna taarifa kwamba Mkaguzi na Mdhibiti Mkuu wa Serikali, (CAG) amesema mkataba wa TICTS ni batili.

Tusubiri taarifa kamili hapo baadaye

 

[Steve Dii]

Wooooooooooooooooooooooooow!! finally, neno batili lilmeanza kutumiwa na akina CAG..... Shocking but promising......!!!

 

[Mzee Mwanakijiji]

Batili... mkataba wenyewe au ile nyongeza waliyoifanya?

 

[Nemesis]

Wooooooooooooooooooooooooow!! finally, neno batili lilmeanza kutumiwa na akina CAG..... Shocking but promising......!!!

Mimi bado sishangilii, kwani CAG anaubavu wa kutamka kwamba mkataba ni batili? mimi nadhani ni Mwanasheria Mkuu wa Serikali. Nadhani wabunge wamtake Waziri Mkuu atoe Tamko la Serikali kabla Bunge halijamaliza kikao kinachoendelea.

 

[FairPlayer]

Kwa sasa yangu macho!!!

 

[Mzee Mwanakijiji]

FD... hivi kuna tatizo gani kwenye suala la Mikataba? ni kweli hatuna wataalamu, viongozi wa kisiasa hawasikilizi wataalamu au kama anavyosema Nyani "ndivyo tulivyo"

 

[Mwafrika wa Kike]

Karamagi na JK wanakula pamoja!

Hakibadilishwi kitu wala kubatilishwa! Incompetence at its best!

 

[August]

It sounds nice, lakini ngoja tusubiri tuone kama kweli CAG ni Professional au mwana-siasa

 

[Steve Dii]

It sounds nice, lakini ngoja tusubiri tuone kama kweli CAG ni Professional au mwana-siasa

Hapa mkuu umenena. Ni majukumu ya kitaalam yanapochanganyikana na matakwa au malengo ya kisiasa ili kubariki au kufanikisha malengo na matakwa ya kisiasa, and not vice versa ndipo palipo mtego !!!

SteveD.

 

[KakindoMaster]

Mimi ngoja nivute subira isije ikawa mzee karamagi kaona ametoka katika vyombo vya habari akataka arudi kwa gia nyingine

 

[Steve Dii]

Batili... mkataba wenyewe au ile nyongeza waliyoifanya?

Mkjj, kwani mkataba as mkataba una exist katika vipengele pengele?!!

Kipengele na nyongeza katika mkataba ni part ya mkataba na kwa maana hiyo ni mkataba. Sasa, iwapo 'nyongeza' au 'mkataba wenyewe' unaonekana batili, si ni sawa kusema kuwa mkataba ni batili?!..... i'm confused, can you help pls....

 

[Mzee Mwanakijiji]

Nimeweza kuconfirm swali nililouliza alichosema CAG kuwa ni batili ni ile extension baada ya mkataba wa awali kukoma.

 

[Steve Dii]

Nimeweza kuconfirm swali nililouliza alichosema CAG kuwa ni batili ni ile extension baada ya mkataba wa awali kukoma.

Je hii ni habari njema ?! Naomba kujua nyongeza ililileta nini na kabla ya hapo palikuwa na nini..... thanx

SteveD.

 

[Mpita Njia]

Mimi bado sishangilii, kwani CAG anaubavu wa kutamka kwamba mkataba ni batili? mimi nadhani ni Mwanasheria Mkuu wa Serikali. Nadhani wabunge wamtake Waziri Mkuu atoe Tamko la Serikali kabla Bunge halijamaliza kikao kinachoendelea.

ile kamati ya bunge ambayo ane kilango ni mjumbe ilisema kuwa italiibua suala hili bungeni. nasikia pia kuna mbunge mmoja anataka kutoa hoja binafsi kutaka mkataba huo nao ufanywe kama ule wa richmond. tusubiri tuone kitatokea nini humo bungeni

 

[think BIG]

FD... hivi kuna tatizo gani kwenye suala la Mikataba? ni kweli hatuna wataalamu, viongozi wa kisiasa hawasikilizi wataalamu au kama anavyosema Nyani "ndivyo tulivyo"

"10%" haihitaji mtaalamu wa kukushauri! Ndio maana mikataba yetu mingi mibovu.

 

[Morani75]

tik tik tik..............yeah it is ticking and many more will be revalled.... Hiki kikao cha Bunge cha sasa ni nadhani for kama wiki3..... Nadhani wale Waheshimiwa ambao bado wapo "sane" wataweza kutuwekea haya kisha yawekwe mbele za haki, JK kisha yeye ndiye atakayetuonyesha kama maharage ni mboga!!!!

Kaaz kweli kweli.............

 

[Nyambala]

Nyongeza ya mkataba huu inaanza lini vile?

 

[Alpha]

So what is going to be done about this???????????

Are the people responsible for this illegal contract going to be held accountable?



Extension of TICTS contract null - CAG

2008-04-12 10:46:43
By Lydia Shekighenda, Dodoma


Extension of a lease contract to Tanzania International Container Terminal Services (TICTS)�the Dar port sole private operator�was illegally executed, the Controller and Auditor General (CAG), Lodovick Utouh, said yesterday.

He was unveiling his report for the fiscal year that ended on June 30 last year at a news conference yesterday in Dodoma.

He said there was gross violation of the 2004 Public Procurement Act in the whole process of extending the lease pact from ten to 15 years in 2005, and later on to 25 years.

``Extension of contract is contrary to the Public Procurement Act of 2004. The law does not allow the agreement to be altered or amended in that manner,`` said Utouh.

The Tanzania Ports Authority (TPA) signed the 10-year lease contract with TICTS in May 2000. Towards the end of 2005, the contract was extended to 15 years, and was further extended to 25 years.

The controversial extension of lease contract and the dismal performance of TICTS have triggered public debate in recent months.

The inefficiency at Dar port container terminal has led to massive congestion as pile up of cargo reached crisis levels.

In January this year, Members of the Parliamentary Committee on Infrastructure challenged the government to explain why it extended a contract with the Tanzania International Container Terminal Services to 25 years before the end of an initial agreement.

TICTS was originally contracted to offer container services at the Dar es Salaam port for 10 years but before the expiry of the agreed time, the government extended the lease to 25 years.

The CAG said the contract extension process was in breach of Section 69 (1) of the Public Procurement Act of 2004, which states that a procurement contract shall not be altered or amended in any way after it has been signed by both parties, unless such alteration or amendment is to benefit the government or is not disadvantageous to the government.

``This extension is also a breach of a clause of the specific agreement No 9. 1 Amendment of Lease, which requires extensive consultations of all the parties who may be affected by such amendment,`` said Utouh.

The same clause, he said, sets conditions for amendments to the contract, but explicitly rules out amendments to the terms of lease.

``Extension of contract should be considered null and void,`` reads the report.

TICTS contract-extension, according to the CAG, made no reference to the Public Procurement Regulatory Authority (PPRA) as required by the law. PPRA is a body charged with ensuring application of fair, competitive, transparent, and non-discriminatory and value of money procurement standards and practices.

``In particular, given that the terms of extension were so unfavourable to the government, the extension was clearly in breach of the PPA-2004,`` said the CAG.

SOURCE: Guardian

http://www.ippmedia.com/ipp/guardian/2008/04/12/112242.html

 

[BAK]

CAG blasts ’unlawful’ TICTS contract extension

THISDAY REPORTER
Dodoma

THE latest report of the Controller and Auditor General has confirmed that the controversial contract of the Tanzania International Container Terminal Services (TICTS) was illegally extended by former pesident Benjamin Mkapa towards the end of his final term in office in 2005.

According to the CAG’s report for the financial year ended June 30, 2007, the dubious extension of the lease contract for the lucrative container terminal at the Dar es Salaam port was illegally executed.

The findings of the audit report come following a series of investigative reports by THISDAY suggesting that the illegal contract extension was personally ordered by Mkapa in 2005 through his then finance minister Basil Mramba.

A scrutiny by the CAG revealed that there was gross violation of the Public Procurement Act (PPA) of 2004 in the whole process of extending the lease contract to TICTS from the initial 10 years to a whopping 25-years (a quarter of a century).

’’Extension of contract is contrary to the PPA of 2004. The law does not allow the contract to be altered or amended in that way,’’ said CAG Ludovick Utouh as he unveiled the report here yesterday.

The privately-owned TICTS had originally signed a 10-year lease contract with the government in May 2000.

However, towards the end of 2005, the contract was remarkably extended to 25 years following instructions from then outgoing president Mkapa.

The controversial contract extension has attracted a heated debate from Members of Parliament who have been frequently questioning the legality of the move.

In the report, CAG said the contract extension was in breach of Section 69 (1) of the Public Procurement Act of 2004.

The stated section of the legislation states that a procurement contract shall not be altered or amended in any way after it has been signed by both parties unless such alteration or amendment is to the benefit of the government or is not disadvantageous to the government.

’’This extension is also a breach of a clause of the same lease agreement, which requires extensive consultations to be held before any amendment to the contract,’’ said Utouh in the report.

He noted that the contract between TICTS and the Tanzanian government specifies conditions for amendments to the contract, but explicitly rules out any changes to the terms of the lease, including the contract duration.

’’As such, the extension of the (TICTS) contract should be considered null and void,’’ declared the CAG report.

The CAG said given that the terms of the contract extension were unfavourable to the government, the extension was clearly in breach of the public procurement law.

He quoted a report by the Tanzania Ports Authority (TPA), blasting TICTS for failing to make adequate investment in equipment to boost the efficiency of the container terminal.

’’Generally, TICTS has not invested in equipment. The current congestion of shipping liners and long-queues of lorries waiting to load and offload containers are clear indications of teething operational problems at the container terminal,’’ said Utouh.

Investigations by THISDAY have already established that TICTS, which is at the centre of the ongoing containers congestion crisis at the port of Dar es Salaam, landed the lucrative contract to lease the port’s container terminal operations barely five months after being officially registered, it has been learnt.

It has been revealed that TICTS was incorporated on April 19, 2000, and in September of the same year, was awarded a 10-year contract to lease the container terminal which was one of the most profitable units under the then Tanzania Harbours Authority (now the Tanzania Ports Authority).

TICTS won the contract after a public tender process floated by the now defunct Presidential Parastatal Sector Reform Commission (PSRC), which initially attracted 11 bidders.

Official records show that at the time of TICTS’ registration, there were a total of eight listed company directors, including Nazir Karamagi (the former minister for energy and minerals who recently resigned over the Richmond corruption scandal) and Gulam Chaka, described as a Tanzanian businessman.

In 2005 - when TICTS was just halfway through its contract � Mkapa sensationally ordered the extension of the company’s contract by a whopping 15 years.

Hardly a month before the end of his second and final term in office, the ex-president instructed the then Ministry of Communications and Transport to extend TICTS’ contract from the initial 10 years to 25 years.

Apart from authorising the contract extension, Mkapa also ordered authorities to allow TICTS to use Berth number 8 and its adjacent land at the port of Dar es Salaam, and granted the company access to the Ubungo container depot to store excess containers that cannot be accommodated in the port area itself due to constraints of storage space.

In the light of the increasing congestion problems at the port of Dar es Salaam, the dubious contract extension has come under closer and closer scrutiny from various sections of the general public, including members of parliament.

 

[a.9784]

FD... hivi kuna tatizo gani kwenye suala la Mikataba? ni kweli hatuna wataalamu, viongozi wa kisiasa hawasikilizi wataalamu au kama anavyosema Nyani "ndivyo tulivyo"

Mzee mwanakjj,suala la wataalamu mimi naamini tunao tena wengi waliobobea katika fani za sheria katika nyanja za mikataba.Kilichopo ni kwamba Serikali haiwashirikishi wataaluma hao kwa sababu zisizo julikana.Vichwa tunavyo lakini kwa sababu mikataba hiyo inaingiwa kwa maslahi binafsi wataalamu hao wanaachwa na kuchukuliwa wale mazezeta wasiokua wataalamu wa mikataba ili mradi mambo fulani ya wakubwa yaweze kufanikiwa.

WATAALAMU TUNAO ILA HAWATUMIKI.