Drop demo plan, Chadema told

THE Commission for Human Rights and Good Governance (CHRGG) has asked CHADEMA to refrain from its plan to hold nationwide demonstrations to provide an opportunity for the court to do its job without pressure.

It has further expressed the need for the opposition party to abstain from using the type of language and other actions that might lead to a breach of the peace. The Chairman of the Commission, Mr Bahame Nyanduga, made the call in a press conference in Dar es Salaam yesterday, shortly after having a meeting with CHADEMA leaders, the Registrar of Political Parties, Judge Francis Mutungi and Executive Director of Tanzania Centre of Democracy (TCD), Mr Daniel Loya.

“CHADEMA should refrain from uttering unnecessary words and phrases, including the word dictator in their political strategies since Tanzania is a democratic country that respects the rule of law, which explains why they have gone to court,” he said.

Mr Nyanduga expressed fear over possible violence and human rights breaches once the party insists on carrying out their countrywide demonstrations, adding that all those who will take part will be held accountable.

“We (commission) recommend that the police and political parties should adhere to the law and abstain from engaging in conduct that would steer chaos,’’ he further appealed. The commission has further asked the police force to stop using the word ‘Tutawashughulikia’ (we will squarely deal with them), meaning taking stringent action against all those who will not abide by the stop order, saying that such words were provocative.

Meanwhile, the High Court yesterday dismissed the application by Registered Trustees of CHADEMA that sought to oppose the order given by the Inspector General of Police (IGP) to ban the political rallies indefinitely.

Principal Judge Ferdinand Wambali ruled against the opposition party after upholding two grounds of objections presented by the IGP and Attorney General (AG) and successfully argued by Principal State Attorney Gabriel Malata and Senior State Attorney Haruni Matagane. In the two grounds of objections, the IGP and AG, the respondents in the matter, had contended that the application in question was incompetent and bad in law for failure by Chadema’s Registered Trustees, the applicant, to exhaust other available remedies before knocking courts’ doors.

The counsel for the respondents had further told the court that the application was bad in law for want of a statement, thus contravening Rule 5 (2) (a) (b) and (c) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Judicial Review Procedure and Fees Act.

In his ruling, the Principal Judge noted that the applicant has other remedies, in particular, taking his complaints against the IGP to the Minister for Home Affairs before resorting to court actions. Such remedies, he said, ought to have been exhausted first before seeking court’s intervention.

The court had also been told that the statement prepared by one member of the opposition party’s registered trustees, Mr Arcado Ntagazwa, in support of the application did not meet the tests of being called a statement as per the cited law.

It was argued that the statement had not disclosed descriptions of the applicants, notably the physical addresses and identity. Instead, it was noted, the statement filed gave details relating to CHADEMA, who is not the applicant in the matter, thus“offending the rules in question.

’’ The applicant had sought for leave of the court to pursue for orders of certiorari for the purpose of quashing the orders and decisions made on July 7, this year, by the IGP to indefinitely ban all political rallies, meetings and gatherings in Tanzania.

He had sought for order of the court to declare that the IGP’s orders “are unreasonable, unjustifiable, without any legal or logical basis and are calculated to and have the effect of stifling the political activities of parties in Tanzania and thereby, stifling democracy.

’’ The court’s decision comes at a time the opposition was mobilising its members to take part in what is described as ‘Operation UKUTA’ scheduled to be held countrywide on September 1. It is said that the members would take part in demonstrations on claims that they were exercising such rights guaranteed under the Constitution of the United Republic of Tanzania.

CHADEMA had planned to commence a nationwide tour to tell Tanzanians the reasons behind their opposition to President Magufuli’s leadership style, which they claim “is suppressing democracy much as it contains some elements of dictatorship.

’’ Four days after such statement by the opposition party, the ruling CCM also announced that it would go all over the country to counter the nationwide public rallies by the opposition party.

It was at that point in time when the police force decided to intervene, banning all rallies until further notice. Commissioner of Police for Training and Operations, Nsato Mssanzya, is quoted in a statement as saying that all political rallies have been banned for security reasons.

The police force has warned that stern measures would be taken against any defiant person. “The Police Force calls upon politicians to immediately stop putting pressure on citizens to disobey the country’s laws.

We will take to task any political party which will disobey this order immediately,’’ read the statement in part. It has further called on the people to be careful with politicians who have plans to destabilise peace and tranquility and instead “continue to cooperate in safeguarding the unity that the country has maintained all along.”

Six regions picked to initiate special economic zones

THE Prime Minister, Mr Kassim Majaliwa, has directed regional commissioners (RCs) in six regions to work closely with the Export Processing Zones Authority (EPZA) to initiate the development of Special Economic Zones within their respective areas of jurisdiction.

The RCs for Coast, Morogoro, Iringa, Njombe, Mbeya and Songwe regions, according to the PM, will have to initiate economic zones linked with the Tanzania Zambia Railway Authority (TAZARA).

“Concrete plans to establish special economic zones should feature prominently in the respective regional development plans and implementation strategies of industrialisation in the context of the 2nd Five Year Development Plan,’’ he said yesterday at EPZA headquarters in Dar es Salaam.

In the same vein, Mr Majaliwa directed the Ministry of Industry, Trade and Investments trough EPZA and Tanzania Investment Centre (TIC), to lead the way with the development of Mkulazi Agro-industrial Project in Morogoro Region to become the pioneer and flagship special economic zone of the TAZARA corridor.

The Dar es Salaam corridor, which is also referred to as the TAZARA corridor, connects the Dar es Salaam Port with the southern and eastern highland by rail and the Dar es Salaam-Tunduma Highway. The corridor offers the shortest distance between the port of Dar es Salaam, Zambia, Malawi and parts of southern Tanzania.

The government, through TIC, last year allocated 60,000 hectares of land for investment in large-scale commercial farming for sugar and rice at the Mkulazi site.

The site is situated alongside the railway line, linking Dar es Salaam with the Zambian border, approximately 100 kilometres from Dar es Salaam with ideal agro-climatic conditions, competitive yields and cost factors.

Mkulazi is well-positioned to serve the growing local, regional and global demand-supply gap in both sugar and rice markets. Mr Majaliwa yesterday asked the ministry responsible for industrial development to submit to the government a full report with concrete proposals on the way forward on the establishment of the pioneer comprehensive special economic zone associated with TAZARA.

The prime minister toured EPZA headquarters, popularly known as Benjamin Mkapa Special Economic Zone, where he visited the Tooku Garments Company Limited, owned by Chinese Investors in Tanzania.

He was flanked by the Chinese Ambassador to Tanzania, Dr Lu Youqing, the Permanent Secretary (PS) in the Ministry of Industry, Trade and Investment, Dr Adelhelm Meru and EPZA Director General, Colonel (retired) Joseph Simbakalia, among others.

Addressing EPZA officials, Tooku management and staff, Mr Majaliwa called on more Chinese business enterprises to invest in Tanzania, to help in creating wealth for the mutual benefit of the two brotherly countries.

“I am very pleased to learn that Tooku in Tanzania is currently producing and exporting to the AGOA markets of USA top brand garments such as LEVIS, WRANGLER and PRIMARK…this is a highly commendable achievement to be able to develop a workforce that can produce garments that meet the high standard of international quality and cost benchmarks,’’ he remarked.

He added that currently, there was a joint training programme sponsored by the government of Tanzania and the private sector from China.

In the end, he insisted, Tooku would employ a total of 6,000 workers, an increase from the current 1,500 workers.

“Over the next 30 months, 400 new workers will be joining the ranks of industrial workers in the textile sector every three months after graduating from this training programme,’’ he added.

Super Kigongo-Busisi Bridge in the offing

PRESIDENT John Magufuli has said plans are underway for the construction of Kigongo- Busisi Bridge, promising that it will be as good and attractive like the Nyerere Bridge in Dar es Salaam.

Dr Magufuli was addressing residents of Sengerema as he began his two-day tour of Mwanza Region, adding that the money towards the construction of the bridge has been budgeted for already. He said his government was on its mark as it starts implementing the election manifesto, insisting that all the money will be allocated to the intended projects without fail.

“We have already set aside money for the construction of the bridge to facilitate passenger transportation and movements of goods. The Kigongo-Busisi one will be just like that of Kigamboni and its construction is underway,” he told the rally.

The president told the fully- packed ground that things were set to improve in Lake Victoria as well while the new vessel plying between Bukoba and Mwanza was on its way. He said the vessel will have the capacity of carrying 1,000 passengers and 800 tonnes of cargo, while the government was also looking for funds to make sure that the Sengerema-Kamanga and Sengerema-Buchosa roads are constructed to tarmac level according to the availability of the funds.

President Magufuli commended the ‘job well done’ by the Sengerema and Buchosa MPs, Mr William Ngeleja and Dr Charles Tizeba, respectively, for fighting for the development of their electorate. He singled out for special praise efforts by Mr Ngeleja to ensure his constituency was connected to power among provision of other social services.

The president reiterated his call for the people to work hard, maintaining that there will be no free lunch for the idle. He challenged the regional and district commissioners to make sure that efforts are made to produce food for local consumption and, where possible, export.

Dr Magufuli, who also the National Chairman of CCM, challenged party leaders to work for the people and be a good example of the political and public service. He insisted that no dishonest party leader will be considered for any leadership post under his administration. Revenue collection and tax compliance among all eligible tax payers countrywide were some of the crucial issues.

The president insisted that his government will have zero tolerance against tax defaulters, calling on the citizenry to inculcate a culture of paying taxes and declare appropriate revenue earnings truthfully and honestly to keep the development ball rolling.

President Magufuli is today expected to continue with his tour by inspecting various projects before addressing another public rally at the Furahisha Grounds later in the day.

Court rejects traders’ request on 14bn/- tax evasion

KISUTU Resident Magistrate’s Court in Dar es Salaam yesterday dismissed a request by two prominent businessmen, Samwel Shanshasen Lema and Mohamed Mustafa Yusufali, challenging the money laundering count in the 14bn/- tax evasion trial they are facing.

Principal Resident Magistrate Wilbard Mashauri ruled against the Arusha-based tycoon (Lema) and Yusufali, popularly known as ‘Mzee wa Milioni 7 kwa Dakika’, after rejecting the submissions presented by their advocates, on their behalf, that such count was defective.

In its submissions, the defence led by advocate Alex Mgongolwa had requested the court to strike out the money laundering charge because it was incurably defective for not containing essential ingredients, like showing the legal consequences the accused could face.

The advocate had attempted to convince the court to exercise its jurisdiction to scrutinise on the propriety, legality and correctness of the charge, citing section 129 of the Criminal Procedure Act (CPA) and two cases that were decided by the High Court.

“The defect goes straight to the particulars of the offence. Those particulars of the offence are fatal and cannot be cured under the law. Money laundering offence must contain four elements like illicit source placement, layering and integration,” he had argued.

The magistrate, however, desisted from dwelling so much on other arguments presented by the parties on the matter, except on the court whether it has jurisdiction to act on the invitation by defence over propriety, legality and correctness of the charge.

The magistrate noted that the two cases cited gave conflicting decisions one of them was pending for appeal. Therefore, he ruled, such cases were not binding upon the court to be relied upon.

In its counter submissions, the prosecution led by Assistant Director of Public Prosecutions Oswald Tibabyekomya had told the court that particulars of the offence were sufficient enough to enable the accused persons to know the offence.

“The particulars are sufficient and disclose all essential elements of the offence under section 12 of the Anti Money Laundering Act. So the arguments by the defence that the count is defective lacked legal basis and should be disregarded,” the senior trial attorney submitted.

To add more salt on the wound, Senior State Attorney Mutalemwa Kishenyi, who assisted Tibabyekomya in responding to the defence’s submissions, told the court that what the defence side was doing was shopping for counts under which their clients should be charged.

“The situation we have is bout striking count number 221. This can be interpreted as for defence to shop some counts their clients should be charged. It is our request that the court should not entertain this trend of one shopping counts to be charged,” he submitted.

He submitted further that section 132 of the Criminal Procedure Act provides how the charge should be framed. According to him, since the offence of money laundering is created under section 12 of the Act, the same has been cited and was sufficient to establish the offence.

“Under section 132 of CPA, information contained in the charge should enable the accused person to understand the nature of the offence charged. We did not leave any point whatsoever under section 12 (a) to frame the money laundering charge.

So the charge before you is proper,” he told the court. Money laundering, under the Anti-Money Laundering Act, is defined as engagement of person(s), direct or indirectly in conversion, transfer, concealment, disguising, use or acquisition of money or property known to be of illicit origin and in which such engagement intends to avoid legal consequence.

Mgongolwa had earlier submitted that one could rightly say that for there to be an offence of money laundering, there must be intention on the part of the accused person to avoid the legal consequences of such action. Hence, the intention forms a basic element in particulars of the offence.

According to the advocates, looking at the count, the particulars of the offence were insufficient to meet test required under section 3 which defines the offence of money laundering and constituent acts provided for under section 12 (a) (b) (c) and (d) of the Anti-Money Laundering Act.

In particular, the advocates submitted, the element of intention on the part of the accused persons to avoid the legal consequences of their action is missing. He told the magistrate that particulars of the offence do not disclose such essential element.

“By failure to state this essential part, you’re talking something else and not money laundering. Therefore, in absence of that, the offence does not disclose any offence recognised by law. The law imposes a duty to the court to reject such kind of charges,” the advocate submitted.

In the case, Yusufali, popularly known as Mzee wa Milioni 7 kwa Dakika, is charged jointly with prominent businessman from Arusha, Samwel Shanshasen Lema on charges of conspiracy, forgery, money laundering, evading tax and occasioning loss of over 14bn/-.

City council seeks investor for new Dar bus terminal

DAR ES SALAAM City Council is seeking a potential investor for partnering in the building of a new upcountry bus terminal at Mbezi Luis suburb.

The construction of the ultra- modern bus station at a cost of 50b/- will see upcountry buses currently using the Ubungo Bus Terminal being relocated to the new facility. Dar es Salaam City Director, Sipora Liana, told the ‘Daily News’ yesterday that talks are underway with various stakeholders so as to get an investor for the project.

“The station at Mbezi Luis will have all important services, including a shopping complex to allow travellers get all their necessities from one point,” she said. She noted that the talks were going on well and the project is expected to kick off “any time this year.

” She, however, noted that the City Fathers have taken initiatives to ensure that the status of Ubungo Bus Terminal is improved since the upcountry buses will continue using it as the new terminal will be undergoing construction. Structures at UBT -- including kiosks -- were demolished three years ago to pave the way for the implementation of the Dar es Salaam Rapid Transit.

This led to lack of important services for commuters.

Dar es Salaam City Mayor Isaya Mwita has already approved 490m/- for the repair of UBT. Liana further said that her office has already announced a tender for the repair work and will be opened this week to allow other procurement procedures to proceed.

She noted that the rehabilitation will include passengers’ building, toilets and repair a section of the exit road at the terminal. “Rehabilitation of the terminal will be temporary... we are forced to spend this amount of money for repair because upcountry buses will continue using it as we work to build the new one,” she said.

Liana, however, noted that the terminal will be fixed with lights starting today (August 11) to address the inconveniences encountered by travellers during the night. “We decided to separate the fixing of lights from the rehabilitation tender because we cannot leave people in darkness as other tender procedures proceed,” she added.

Contacted earlier, Dar City Mayor Isaya Mwita, confirmed to have announced the tender for rehabilitation of UBT, noting that the work was expected to start by the end of next month.