Analogia Malenga
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- Feb 24, 2012
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Mfuko wa Kusaidia Jamii wa Vodacom (Vodacom Foundation) kama kampuni ambalo lilikuwa na ukomo wa ahadi ambalo linasaidia jamii na hivyo halikuwa na malengo ya kukuza biashara au uwekezaji lilifutwa kwa tangazo la BRELA la Septemba 11, 2019.
Mfuko huo ambao umekuwepo nchini tangu Oktoba 2007 na kufanya kazi kama Shirika Lisilo la Kiserikali umefungua shauri ili urudishiwe usajili wake ili wafute kampuni yao kwa utaratibu mahususi na kumalizana vizuri na watendaji wao, wabia na kuwatumia repoti wahisani.
Mwanasheria wa Serikali aliiambia mahakama kuwa kampuni hiyo haipo kwa kuwa ilishafutwa kwa tangazo la Septemba 11, 2019. Mwanasheria alisema Vodacom Foundation walipewa muda wa kuendana na mabadiliko hayo lakini walifanya hayo muda ulipoisha.
Jaji wa Mahakama Kuu, Deo Nangela amesema wataendelea kulisikiliza shauri hilo kwa kuwa upande wa walalamikaji wana hoja.
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The Vodacom Tanzania Foundation is challenging a decision by the registrar of companies to deregister the organisation.
The organization has gone to the Commercial Division of the High Court to oppose deregistration following law amendments in June last year that redefined companies and NGOs and set new criteria for their registration. The case explains the pain of a number of companies that were struck off the list of the registrar of companies following the changes.
The Foundation, the corporate social investment (CSI) arm of Vodacom, has petitioned the Commercial Division of the High Court in Dar es Salaam to order its restoration in the register of companies to allow it wind up its affairs in Tanzania decently.
The organisation has been operating in Tanzania since October 2007 when it was registered as a company limited by guarantee and issued with a certificate to carry on business as a non-governmental organization.
It has been engaging in social development and poverty eradication programmes and through public donor funding organised via Vodacom Group of South Africa and Vodafone of the United Kingdom.
Troubles started on Sept 11, last year when the Registrar issued a public notice to the effect that all companies, limited by guarantee, not having shares capital, were struck off the register of companies by operation.
The deregistration dealt a major blow to the organisation that has been running a number of social development projects and promoting education, health care initiatives in rural areas.
The organization filed a commercial case in April against the registrar of companies, seeking for an order for restoration in the register of the companies, so that it could properly wind up its affairs--in particular--to close the projects, retrench its staff, provide a report and account for donor fund.
In response to the case, state attorney who represents the registrar of companies in the case, filed preliminary objections, asking the court to dismiss the petition for being brought by a non-existing entity.
The state lawyer argued that by the time the petitioner filed the petition, the organization did no longer exist in the companies’ register following deregistration.
The lawyer further argued that the orders sought by Vodacom Tanzania Foundation had been overtaken by events, saying following deregistration, there was no company limited by guarantee existing by the name of Vodacom Tanzania Foundation by the time of filing the petition.
According to the state lawyer, the Foundation was given two months from June 30, 2019 to August 30, 2019 to comply with the law but opted to file the petition on April 30, 2020 when time had lapsed.
Vodacom wins reprieve
In its recent decision, the High Court sided with the company, saying and dismissed the objection to allow the case to go for hearing.
“Looking at the objection, it is clear that there will be a need for further evidence to establish the fact that indeed the petitioner was deregistered as a company, and, one has as well to find out in what description was it registered in light of the definition given under section 3 of Companies Act.
“I find that the respondent’s preliminary objections have no legal merit and I hereby proceed to overrule them. The parties are hereby ordered to proceed with the hearing of the petition,” said Judge Deo Nangela.
In June, 2019, Parliament passed Miscellaneous Amendments Act No 3 of 2019 which added new provisions and amended some existing provisions of the Companies Act and the Non-Governmental Organisations Act of 2002.
The changes introduced new requirements of re-location of entities to appropriate registries after redefining a company and an NGO. With the changes, many NGOs formerly registered as companies limited by guarantee were to seek re-registration into NGO registry.
Mfuko huo ambao umekuwepo nchini tangu Oktoba 2007 na kufanya kazi kama Shirika Lisilo la Kiserikali umefungua shauri ili urudishiwe usajili wake ili wafute kampuni yao kwa utaratibu mahususi na kumalizana vizuri na watendaji wao, wabia na kuwatumia repoti wahisani.
Mwanasheria wa Serikali aliiambia mahakama kuwa kampuni hiyo haipo kwa kuwa ilishafutwa kwa tangazo la Septemba 11, 2019. Mwanasheria alisema Vodacom Foundation walipewa muda wa kuendana na mabadiliko hayo lakini walifanya hayo muda ulipoisha.
Jaji wa Mahakama Kuu, Deo Nangela amesema wataendelea kulisikiliza shauri hilo kwa kuwa upande wa walalamikaji wana hoja.
===
The Vodacom Tanzania Foundation is challenging a decision by the registrar of companies to deregister the organisation.
The organization has gone to the Commercial Division of the High Court to oppose deregistration following law amendments in June last year that redefined companies and NGOs and set new criteria for their registration. The case explains the pain of a number of companies that were struck off the list of the registrar of companies following the changes.
The Foundation, the corporate social investment (CSI) arm of Vodacom, has petitioned the Commercial Division of the High Court in Dar es Salaam to order its restoration in the register of companies to allow it wind up its affairs in Tanzania decently.
The organisation has been operating in Tanzania since October 2007 when it was registered as a company limited by guarantee and issued with a certificate to carry on business as a non-governmental organization.
It has been engaging in social development and poverty eradication programmes and through public donor funding organised via Vodacom Group of South Africa and Vodafone of the United Kingdom.
Troubles started on Sept 11, last year when the Registrar issued a public notice to the effect that all companies, limited by guarantee, not having shares capital, were struck off the register of companies by operation.
The deregistration dealt a major blow to the organisation that has been running a number of social development projects and promoting education, health care initiatives in rural areas.
The organization filed a commercial case in April against the registrar of companies, seeking for an order for restoration in the register of the companies, so that it could properly wind up its affairs--in particular--to close the projects, retrench its staff, provide a report and account for donor fund.
In response to the case, state attorney who represents the registrar of companies in the case, filed preliminary objections, asking the court to dismiss the petition for being brought by a non-existing entity.
The state lawyer argued that by the time the petitioner filed the petition, the organization did no longer exist in the companies’ register following deregistration.
The lawyer further argued that the orders sought by Vodacom Tanzania Foundation had been overtaken by events, saying following deregistration, there was no company limited by guarantee existing by the name of Vodacom Tanzania Foundation by the time of filing the petition.
According to the state lawyer, the Foundation was given two months from June 30, 2019 to August 30, 2019 to comply with the law but opted to file the petition on April 30, 2020 when time had lapsed.
Vodacom wins reprieve
In its recent decision, the High Court sided with the company, saying and dismissed the objection to allow the case to go for hearing.
“Looking at the objection, it is clear that there will be a need for further evidence to establish the fact that indeed the petitioner was deregistered as a company, and, one has as well to find out in what description was it registered in light of the definition given under section 3 of Companies Act.
“I find that the respondent’s preliminary objections have no legal merit and I hereby proceed to overrule them. The parties are hereby ordered to proceed with the hearing of the petition,” said Judge Deo Nangela.
In June, 2019, Parliament passed Miscellaneous Amendments Act No 3 of 2019 which added new provisions and amended some existing provisions of the Companies Act and the Non-Governmental Organisations Act of 2002.
The changes introduced new requirements of re-location of entities to appropriate registries after redefining a company and an NGO. With the changes, many NGOs formerly registered as companies limited by guarantee were to seek re-registration into NGO registry.
