CONGRATULATIONS NEW STATE ATTORNEYS

I woulf like to take this opportunity to congratulate our dear alumni for being appointed to the very high posts of the legal system in our country thus state attorneys. We hope you guys you will do what u can to dispense justice amid the biggest problems we have now. Your carrier will reflect what the former Dean always said to us when urged about our legal training that. Law is not about getting certificate is more than that. Well, Mr.Chuwa, and others herein Ambokile,Sylvester Anthony, Khalili, Mwakang'ata,Crecencia, Jane Thereza, Revina, Kimaro, Karim, Ema Gachocha, Malipula, Castuce, Bibiana,Njau Epafras, Emilia, Mukabatunzi, Yamiko and Mwanahawa. Please we expect more from you, but dont go away from alumni, keep us posted as our dear magistrates do, let us cooperate in this network. It is an impreesssion on my part to here one of our colleagues handling such high profile. I believe in few years to come we will get some MPs and Ministers if not President.

Keep it up

Regards

Administrator

source: Daily News 24th Jan,2008

BOT SAGA UNFOLDING:MEGHJI SAYS I WAS DUPPED BY BALALI

BoT Saga Unfolding: Meghji says I was duped by governor Ballali
Meghji: I was duped by governor Ballali-Minister comes clean on Kagoda Agriculture Limited payments saga THISDAY REPORTER Dar es Salaam THE Minister for Finance, Ms Zakia Meghji, yesterday disclosed for the first time how the disgraced former governor of the Bank of Tanzania, Dr Daudi Ballali, lied to her about illegal payments amounting to nearly $30.8m (approx. 40bn/-) made by the central bank to the controversial Kagoda Agriculture Limited company. Speaking exclusively to THISDAY in her office in Dar es Salaam, Ms Meghji explained how Ballali deliberately misled her into defending the fraudulent payments on the pretext that the funds disbursed in 2006 were meant for ’sensitive’ issues of national security. She revealed that Ballali told her the payments had been authorized to ’’finance sensitive government expenditure.’’ Ms Meghji said after deliberately giving her false advice on the matter, the BoT governor then personally drafted a letter - which she proceeded to sign - stating that the payments to Kagoda had purportedly been authorized by the government. This letter was delivered to the then BoT external auditors, Delloite & Touche of South Africa, on September 15, 2006. It effectively brought to a close serious audit queries being raised at the time by Delloite & Touche, after stumbling upon the fraudulent payments to the Kagoda company during a routine audit of payments made from the BoT’s external payment arrears account during 2005/06. Said Ms Meghji: ’’I agreed to sign the letter, drafted by the governor himself, because I trusted the governor at that time. It was only later that I realized the payments to Kagoda Agriculture Limited were not related to any government expenditure.’’ She said she only realized she had been duped by the governor after the Permanent Secretary in the Finance Ministry, Gray Mgonja, informed her that Ballali had actually lied to her about the true nature of the payments to the Kagoda company. The minister told THISDAY that just four days after sending the first letter to Delloite & Touche, she found herself in a position of having to retract it. ’’It was at this point, on September 19, 2006, that I wrote another letter to the auditors, this time retracting the first letter in which I had erroneously defended the payments to Kagoda,’’ she said. Ms Meghji gave THISDAY a copy of the retraction letter to the auditors. The minister said a month after this exchange of correspondence Deloitte & Touche submitted its BoT audit report to the government, highlighting apparently massive embezzlement of funds in the sensitive financial institution. ’’It was then (late 2006) that the Controller and Auditor General was directed to hire an international audit company to conduct a ’special audit’ of the central bank’s external payment arrears account,’’ she explained. On why she had taken so long to reveal the existence of the two letters, Ms Meghji said she delayed taking any action until the latest ’special audit’ by Ernst & Young was concluded. The minister said she fully cooperated with Ernst & Young during the ’special audit’, even giving them copies of both letters. The latest twist of events comes hardly a week after President Jakaya Kikwete formally sacked Ballali from the governorship in the wake of the ’special audit’ report’s findings.

KENYAN ELECTION LEGAL ANALYSIS

Legal Analysis - The Announcement of the 2007 General “Election Results”, the Declaration and Swearing in of Kibaki as President was Illegal…
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1. With the “Election Results” having polarised the country into political, ethnic enclaves and thereby resulting in human rights violations, deaths, displacement, wanton damage to property it is therefore clear that in law individuals and institutions have to be held criminally responsible

2. It is our observation that from the very beginning before and during the election, the conduct of the ECK gave the impression that illegal things were being perpetrated, and in the words of Kivuitu, the Chairman of ECK, the figures were being “cooked”, that would eventually resulted into the illegality we are explaining below. The onset of that illegality lies in a concatenation of events, which portrayed persons bent on committing a crime:

(a). The President defied the 1997 IPPG agreement in the appointment of ECK commissioners; this was clearly intentional to allow President Kibaki to appoint people known to him and people who would have a known bias that would favour him during the 2007 election. This is contrary to the legal provisions and the requirement by law that elections be free, fair and transparent.

(b). ECK has come out in the open to admit that there were irregularities. This means that the Presidential “election results” were not legal

(c). It is admitted that the 2007 is a contested election and opinion polls suggested a close election to call for which utmost caution and care would have been exercised by the ECK especially in adhrerence to the law

(d). The conduct of ECK, its officials was suspect for the reason, among others, that
(i) ECK refused to accept technological assistance that could have averted the current situation
(ii) ECK refused to use its own staff and ECK officials contrary to tradition and in compliance with its own legal framework

3. Several laws, especially electoral laws, were flouted right from the Constitution of Kenya, the National Assembly and Presidential Elections Act (cap.7), the Election Offences Act (cap.66) as well as International and Regional laws/treaties that Kenya has signed and accepted as law as well as common practice and societal expectation

4. The manner in which the election was conducted raises several questions whose answer is a resounding NO in all cases. These questions emphasize the illegality that is now the “Election results” and the swearing in of Kibaki as President of the Republic of Kenya. These questions, among others, are:
4.1. Whether the process and procedures of electioneering were followed to the letter?
4.2. Whether the announcement of the Presidential results was within the law?
4.3. Whether the announcement was valid or did it validate the otherwise contested results?
4.4. Whether there were identified discrepancies?
4.5. Whether the discrepancies affected or had a likelihood of affecting the outcome of the election/results?
4.6. Was the election Free, Fair and Transparent?
4.7. Who are the officers who doctored the results?

5. It has now emerged as there has been many revelations that known individuals who are staff and ECK officials doctored the results by making deceitful alterations. By doing so they refused to comply with the legal requirements; it is also now known that The Chairman of the ECK, Mr. Samuel Kivuitu and other commissioners were blatantly friendly to the regime or other candidates. This therefore means that they could not have been fair and transparent. This is an aspect that makes the results illegal and the outcome of it.

6. The Law allows that before the final results are announced, any aggrieved party must be granted the opportunity to lodge a complaint. The the ODM team did exactly that, it was wrong for the ECK Chairman to deny them the right to be heard and to investigate

7. The ECK acknowledged that there were irregularities in kamukunji, Maragua, Kajiado North, and Kilgoris hence the action it took such as to order repeat and recount: it is therfore clear that ECK was exercising selective compassion and favourism in the conduct of election. This on its own was illegal and would have affected the final pronouncement of the results as void

8. The Announcement of the “Election Results” clearly contravened the following laws:
8.1. The International Laws
Kenya is signatory to many human rights laws with elaborate provisions on elections, voting, democracy and the choice of government as a right to Kenyans. These laws include the following: Article 21 of the Universal Declaration of Human Rights provides that everyone has the right to take part in the government of his country, directly or through freely chosen representatives and further that it is the will of the people that shall be the basis of the authority of government. This will, as the UDHR provides, shall be expressed in periodic and genuine elections which shall be universal and equal suffrage and shall be held by secret or equivalent free voting procedures. In the context of Kenya’s 2007 Election result, this international law was breached by the ECK and by Kibaki in attempting to form a government that does not reflect the will of the people.

Article 25 of the International Covenant on Civil and Political Rights recognizes & protects the right of every citizen to take part in the conduct of public affairs, to vote and to be elected… and it requires states to adopt such legislative & other measures as may be necessary to ensure that citizens have an effective opportunity to enjoy rights it protects; and further that democratic government should be based on the consent of the people. With the contested re-election of Kibaki with almost three-quarters of the country, he clearly does not have the consent of the people and cannot therefore enjoy legitimacy.

8.2. Regional documents/Institutions
The African Charter on Human and Peoples Rights protect the right to vote as a human right and the African Charter on Democracy, Elections and Governance (ACDEG) in articles 2 (1)(2)(3)(4)(13) and article 3(1)(3)(4) provide for the choice of government by the people.

8.3. ECK flouted National laws in announcing the “Election Results”
8.3.1. The constitution of Kenya:
Section 7 requires that a Presidential candidate has to win an election first and it is upon establishing the winner then that the delcaration of the results would be made; this would then be followed by announcement of the winner and thereafter the swearing in as per tradition follows. In the absence of establishing a winner in the first instance, there cannot be an announcement, declaration and swearing in. To do that was be to perpetrate an illegality and fraud. The declaration of Kibaki therefore as President is a nullity ab initio. This therefore means that under the legal framework set out in the National Assembly and Parlaimentary Act, the ECK is yet to establish a winner to be delcared as such and to be sworn in according to law. Anything else remains unconstitutional and outside the law.

Section 42A of the Constituton gives ECK the monopoly of registering voters & maintaining the voters register; directing and supervising civic, Parliamentary and Presidential elections. The supervision and directing of elections therefore means that ECK will comply with its mandate, which is to deliver free, fair and transparent election results; the constitution therefore holds ECK accountable for the outcome and gives it the power to be the only institution that can announce election results. In fact, this mandate is clearly spelt out in section 43 of the Constitution.

8.3.2. The National Assembly & Presidential Elections Act, cap.7
Chapter 7 is the legal framework on how the ECK operates and supervises as well as directs the election in Kenya and carry out its constitutional mandate as set out in ss.7, 42A & 43. it is also the legal framework that contains subsidiary legislation and rules on how the ECK should operate. Simply, put, the National Assembly and Presidentail Elections Act sets out the ECK mandate as being to meet the standard of free, fair and transparent elections. This mandate of the ECK is to undertake several activities, functions and to exercise certain powers to ensure free, fair and transparent elections. At any time in pursuit of that mandate, ECK is to act within the law, and if it does acts outside the law, the results to be announced would be null and void and therefore illegal. The following, inter alia, are the functions of the ECK

(i) Appointment of Returning/Deputies officers for every constituency
Both the RO/DPO are people of integrity who are appointed to conduct elections strictly as provided by election laws and expected to abide by the code of conduct set out in s.3B of the Act; They are completely barred from manipulating the process; the law prohibits the employment of any one who has known bias towards particular candidates. It is at this point that an important question arises whether the appointment of the ECK commissioners by the President single handedly and in blatant disregard to IPPG as an interested party in the elections was right. Their appointment in the year the election was going to be held and at a time that is very close to the election itself raised and now continues to confirm suspicions among the electorate and the other candidates. It is at this point that the will of the people begins to ebb away from the government and President Kibaki. Furthermore, it is now clear that some of the commissioners are themselves closer to the President. At least the 16[o1] ECK commissioners appointed by Kibaki during his tenure in defiance of the IPPG agreement are all known and it can therefore be deduced that they must have had a bias in the outcome of the election results.

(ii) In every polling station...
It is the law that in every polling station that free access at all times be allowed to the candidates in person, their agents, police officers on duty, people assisting the physically challenged, accredited observers and the media. At no time whatsoever are the said group of people to be barred from monitoring the entire process in the polling and tallying centres. This is a freedom that is without any qualification to ensure that the process is not only free fair and transparent but it must also be seen to be so.

(iii) After counting...
The PO shall make 3 seperate packets to put (a) counted votes & not disputed; (b) disputed votes, and (c) rejected votes. The foregoing is to be accompanied by a statement to that effected; and the agents present are allowed to add their own seals to the packets; the agents, observers & media are allowed to make copies of the statement, after which the packets and statements are then taken to the constituency RO for tallying

(iv) What RO must do...[E2]
The RO must fill out and sign Forms 16, 16A & 17, which are then countersigned by the candidates’ agents, and then the Forms are physically delivered to ECK HQs

(v) Before announcing the results...
The law requires that before ECK announces any results, the ECK must have in its possession the original copies of Forms 16, 16A & 17A & 40R. These are statutory forms setting out the summary of (a) total votes cast, (b) sets out valid votes or disputed or rejected, and (c) are signed by Constituency RO and countersigned by agents of all candidates. The forms are the principal Documents without which ECK does not have the mandate to announce any Presidential or Parliamentary results

(vi) On receiving the forms & before announcing the results...
An aggrieved party is given 24 hours to lodge a complaint for and demand recount and re-tallying. The law gives ECK the power to order the recount and tallying within 48 hours. Therefore, ECK (and Kivuitu in particular) openly and blatantly lied when it said it did not have power to wait for the Statutory Forms 16, 16A & 17A

(vii) On the forms...
If upon receipt of the forms there are discrepancies, ECK would order recount and retallying. Those mandatory provisions are set out in Rule 40 (1) (g) (ii), and (6) respectively. This is the law Kivuitu failed to follow. Hence Kivuitu was and still is deceitful to the Kenya public; further he abused his office.

(viii) After recount & re-tallying...
It is therefore after re-count and re-tallying upon a request and or complaint by an interested party to an election that the ECK will then announce the results; thereafter the ECK can then gazette those results. Before gazetting results, ECK must confirm that it has received all 3 statutory forms and also that they are original, signed and countersigned and are valid in all material aspects. It is our considered view that the ECK had and still has the above window of opportunity to correct mistakes made and save our country from turmoil and save the democratic process, which is a right of all Kenyans. There is no excuse that Kivuitu in announcing the results did not know what he was doing and it is for this reason that he becomes criminally culpable for which he must be prosecuted.

Next Steps: Legal strategies
The Law as indicated above was not followed in announcing the Election results. Kibaki is therefore in office illegally and it should be taken as if he is continuing his 2002 Mandate and not serving his second term as President of the Republic of Kenya. In as far as the ECK is concerned, they are in breach of the specific provisons of the law, the code of conduct for members and staff of the electoral commission (s. 3B & Second Schedule) as well as its subsidiary legislation. We therefore propose the following legal strategies:

1. Criminal & Private prosecutions
Many people who include Kivuitu, ECK Commissioners, RO, etc, must be criminally charged and prosecuted for committing offences known to law under the Election offences Act, The Penal Code, Public Officers Ethics Act, etc. The offences committed include: forgery of documents, alternation, abuse of office, conspiracy to commit a felony, subversion of legal process, breach of the Electoral Code of Conduct (s.34), for example, under rule 6
It is crucial that a complainant or complainants must come out to report the anomalies they witnessed at the Pollling stations, Constituency RO level and at the HQs talling centers; these could be independent obsevers, members of the KEDOF, agents, etc.,

2. Judicial Review
This could be brought against Kivuitu and the ECK in exercising their administrative role to announce the results; his decision was a maladministration that has caused an injustice to Kenyans; it is also illegal and made in disregard of the rules of natural justice.[o3]

3. Public Interest Litigation
This could take the form of a constitutional petition or reference to seek decalration based on the anomalies between the constitution and the legal framework of the ECK; to seek declaration that human rights have been violated by actions of the ECK, etc.,

4. The KNCHR Tribubal
The KNCHR should be able to inquire into the human rights violations that have occured to far with a view to holding individuals accountable.

The above strategies can be initiated immediately and simultenously






[o1]We need to confirm this figure.

[E2]Include here the five scenarios that Sihanya observed at the HQs tallying centres

[o3]There is a decision of Kipkalias Kones and Kimani wanyoike vs ECK that has set out that an election dispute cannot be brought to the court through a JR but it MUST be thro’ an electral pettion. We need to get this case.

BALALI OUT,BENNO IN!!!!!!

Raisi Jakaya Mrisho Kikwete, amemteua Prof.Benno T.Ndulu (pichani) kuwa Gavana wa Benki Kuu Tanzania (BOT). Uamuzi huo umefuatana pia na maamuzi mengine mazito kama ambavyo yameanishwa katika taarifa rasmi ya Ikulu iliyotolewa hivi leo jijini Dar-es-salaam. Yote haya yanafuatia utata na sakata zima lililokuwa limeigubika Benki Kuu ya Tanzania.
Wakati huo huo Raisi Kikwete amemteua Dr. Enos S.Bukuku kuwa Naibu Gavana wa Benki Kuu. Taarifa rasmi ya Ikulu unaweza kuisoma hapa.
TAMKO LA SERIKALI KUHUSU TAARIFA YA UKAGUZI WA HESABU KATIKA AKAUNTI YA MALIPO YA MADENI YA NJE (EXTERNAL PAYMENT ARREARS ACCOUNT – EPA) ILIYOKO BENKI KUU YA TANZANIA.Nafurahi kuwaarifu kuwa, kazi ya Ukaguzi wa Hesabu za mwaka wa fedha 2005/06 za Akaunti ya Madeni ya Malipo ya Nje yaani External Payment Arrears (EPA) katika Benki Kuu ya Tanzania imekamilika. Kazi hiyo ilifanywa na Wakaguzi wa Kampuni ya Ernst and Young kwa niaba ya Mdhibiti na Mkaguzi Mkuu wa Hesabu za Serikali. Ilianza Septemba, 2007 na kukamilika Desemba, 2007. Juzi tarehe 07 Januari, 2008 Rais Jakaya Mrisho Kikwete alikabidhiwa Taarifa hiyo na Mdhibiti na Mkaguzi Mkuu wa Serikali. Rais ameisoma, ameifanyia kazi na kuitolea maamuzi.
Historia ya EPA
Katika miaka ya 1970 mpaka 1990 nchi yetu ilikuwa inakabiliwa na tatizo kubwa la upungufu wa fedha za kigeni. Benki Kuu ya Tanzania ilipewa jukumu la kusimamia matumizi ya fedha za kigeni kwa niaba ya Serikali. Benki Kuu ndiyo iliyokuwa na mamlaka ya kupanga na kuamua nani agawiwe fedha za kigeni na kiasi gani!
Kwa ajili ya kuwahudumia wafanyabiashara, mashirika na makampuni yanayoagiza bidhaa na huduma kutoka nje, Akaunti maalum ilifunguliwa katika Benki ya Taifa ya Biashara kwa wakati huo. Akaunti hiyo ilijulikana kwa jina la External Payment Arrears (EPA) au Akaunti ya malipo ya Madeni ya Nje, kwa tafsiri ya Kiswahili.
Waagizaji wa bidhaa au huduma kutoka nje waliwajibika kulipa kwenye Akaunti hiyo, fedha ya Tanzania yenye thamani inayolingana na fedha za kigeni zinazotakiwa kulipia bidhaa au huduma hiyo huko nje. Baada ya waagizaji wa ndani kufanya hivyo, kutegemeana na upatikanaji wa fedha za kigeni, wauzaji au watoaji huduma wa nje walilipwa. Benki Kuu iliamua nani alipwe na Benki ya Biashara ilifanya malipo.
Juni, 1985 iliamuliwa kuwa shughuli za akaunti hiyo zihamishiwe Benki Kuu kutoka Benki ya Taifa ya Biashara na zimeendelea kuwepo hapo mpaka sasa. Katika Benki Kuu kikaundwa kitengo maalum cha kusimamia na kuendesha shughuli za akaunti hiyo kilichojulikana kama Debt Management Unit chini ya Kurugenzi ya Sera (Directorate of Economic Policy).
Kwa sababu ya tatizo la upungufu wa fedha za kigeni kuendelea, malimbikizo ya madeni hayo yalizidi kukua mwaka hadi mwaka. Kwa mfano, mwaka 1999 deni hilo lilifikia dola za Kimarekani 623 milioni. Kati ya fedha hizo, dola 325 milioni ndilo deni la msingi na dola 298 milioni ni riba yake. Baadae likaongezeka kufikia dola 677 milioni.
Juhudi za Kulipa MadeniJuhudi za kulipa malimbikizo ya madeni hayo ziliendelea kadri fedha za kigeni zilipopatikana. Kwa nia ya kutaka kutafutia ufumbuzi wa haraka tatizo hilo na kupunguza mzigo wa madeni, Serikali ilianza kutafuta njia nyingine mbalimbali. Mwaka 1994, Serikali kwa kushirikiana na Benki ya Dunia ilianzisha Mpango wa Kununua Madeni (Debt Buy Back Scheme). Yaani waliokuwa wanaidai BoT waliombwa wakubali kulipwa sehemu tu ya madeni wanayodai. Wapo wadai kadhaa walikubali na madeni yao yakauzwa chini ya mpango huo. Taarifa za mwaka 2004 zinaonyesha kuwa madeni ya thamani ya dola 228 milioni yalilipwa chini ya mpango huu.Pili, Serikali ilifanya juhudi ya kupata msamaha wa madeni hayo kutoka nchi wanachama wa Paris Club. Serikali iliomba kuwa pamoja na kutusamehe madeni ya kiserikali toka nchi zao wasaidie tusamehe na madeni ya makampuni yao kwetu. Yapo pia madeni ambayo yamelipwa na makampuni ya Bima baada ya makampuni yaliyouza bidhaa na huduma Tanzania kushindwa kulipwa. Madeni ya dola 216 milioni yalihusika chini ya michakato hii. Hivyo basi, deni la dola 444 milioni lilipungua katika ile jumla ya dola 677 milioni. Kwa hiyo mwaka 2004 deni katika Akaunti ya Malipo ya Nje lilikuwa dola 233 milioni. Yalikuwepo mawazo ya baadhi ya watu kuwa pengine deni hilo lisilipwe au tulikatae. Walikuwepo waliokubali madeni yao yafutwe na wengine waliagiza fedha zao zipewe NGO. Lakini, baadhi ya wadai waliendelea kudai na wengine hata kushitaki mahakamani. Hivyo BoT ililazimika kuendelea kulipa kadri wadai walipojitokeza.
Ulipaji kwa IdhiniKatika utaratibu wa malipo ya madeni ya EPA kanuni zinaruhusu mdai kuamua deni lake kulipwa kwa mtu au kampuni nyingine. Kanuni zinamtaka mdai kutoa hati iliyothibitika kisheria ya yeye kuidhinisha malipo hayo yafanywe (Notarised Deeds of Assignments) hivyo. Pia yapo masharti ya kutimizwa na kampuni au mtu aliyeidhinishwa kulipwa hilo deni. Utaratibu umetumika kufanya malipo kadhaa ya madeni katika Akaunti ya EPA.
Matatizo ya Mwaka 2005/6Katika ukaguzi wa Hesabu za BoT za mwaka wa fedha 2005/6, Agosti, 2005 kuligundulika matatizo katika ulipaji wa madeni kwa utaratibu wa idhini ya kulipwa wakala wa mdai katika akaunti ya EPA. Kukajitokeza kutokuelewana kati ya Benki Kuu na Mkaguzi Deloitte and Touche’ aliyegundua tatizo hilo. Baadaye mkaguzi huyo alisitishwa kuendelea na kazi. Serikali ikaingilia kati na tarehe o4 Desemba, 2006 ilimuagiza Mdhibiti na Mkaguzi Mkuu wa Hesabu za Serikali (CAG) kuhakikisha kuwa ukaguzi wa akaunti hiyo unafanyika kwa kina. Aidha, ilimuagiza atafute kampuni ya kimataifa ya ukaguzi ifanye kazi hiyo kwa niaba yake. Mdhibiti na Mkaguzi Mkuu wa Hesabau za Serikali, ndiye kwa mujibu wa Sheria ya BoT mkaguzi wa Hesabu za Benki Kuu. Hata hivyo kwa mazingira hayo maalum Serikali ilimtaka CAG atafute mkaguzi mwingine wa nje.
Mdhibiti na Mkaguzi Mkuu wa Hesabu za Serikali (CAG) alifanya hivyo na matokeo ya mchakato wa kutafuta kampuni hiyo uliochukua miezi mitano (Januari hadi Mei, 2007) ndipo ikapatikana kampuni ya Ernst and Young.UKAGUZI
Wakaguzi wa Kampuni ya Ernst and Young wakaanza kazi hiyo Septemba, 2007 na kuikamilisha Desemba, 2007. Wakaguzi hao wamefanya kazi nzuri iliyothibitisha kiwango cha juu cha weledi (Professionalism) cha wakaguzi hao. Tunawapongeza, tunawashukuru. Tunatambua kuwa walipata matatizo mengi hasa ya kupata taarifa zilizo sahihi kwa sababu ya matatizo ya utunzaji wa kumbukumbu. Madeni haya ni ya miaka 27 na zaidi iliyopita. Kumbukumbu zimehamishwa kutoka NBC kwenda BoT. Hata huko NBC shughuli zilikuwa zinafanywa katika matawi mbalimbali nchini tena miaka hiyo hapakuwa na kompyuta hivyo kumbukumbu zote ziliwekwa kwenye majalada. Pamoja na matatizo hayo ukaguzi wa hesabu za mwaka 2005/6 ulikamilika kwa kiwango cha kuridhisha.
Kwa mujibu wa taarifa hiyo ya Ukaguzi katika mwaka wa fedha wa 2005/2006 uliochunguzwa, katika mwaka 2005 yalifanywa malipo ya jumla ya Shilingi 133,015,186,220.74 kwa Makampuni 22 ya hapa nchini. Makampuni hayo ni: Bencon International Ltd. of Tanzania, VB & Associates Company Ltd. of Tanzania, Bina Resorts Ltd. of Tanzania, Venus Hotel Ltd. of Tanzania, Njake Hotel & Tours Ltd., Maltan Mining Company Ltd. of Tanzania, Money Planners & Consultants, Bora Hotels & Apartment Ltd., B. V. Holdings Ltd., Ndovu Soaps Ltd., Navy Cut Tobacco (T) Ltd. of Tanzania, Changanyikeni Residential Complex Ltd., Kagoda Agriculture Ltd., G&T International Ltd., Excellent Services Ltd., Mibale Farm, Liquidity Service Ltd., Clayton Marketing Ltd., M/S Rashtas (T) Ltd., Malegesi Law Chambers (Advocates), Kiloloma and Brothers na KARNEL Ltd.
Aidha, ukaguzi umebaini kwamba kati ya fedha hizo, kiasi cha Shilingi 90,359,078,804.00 zililipwa kwa makampuni kumi na tatu (13) ambayo yalitumia kumbukumbu, nyaraka na hati zilizo batili na za kugushi. Hivyo, Makampuni hayo hayakustahili kulipwa chochote. Makampuni hayo ni: Bencon International Ltd. of Tanzania, VB & Associates Company Ltd. of Tanzania, Bina Resorts Ltd. of Tanzania, Venus Hotel Ltd. of Tanzania, Njake Hotel & Tours Ltd., Maltan Mining Company Ltd. of Tanzania, Money Planners & Consultants, Bora Hotels & Apartment Ltd., B. V. Holdings Ltd., Ndovu Soaps Ltd., Navy Cut Tobacco (T) Ltd. of Tanzania, Changanyikeni Residential Complex Ltd., Kagoda Agriculture Ltd.
Aidha, ukaguzi umeendelea kubaini kuwa Makampuni tisa (9) ambayo yalilipwa jumla ya Shilingi 42,656,107,417.00 hayakuwa na nyaraka za kuonyesha stahili ya malipo na hivyo kuwafanya wakaguzi washindwe kuhakiki uhalali wa malipo hayo. Makampuni hayo ni: G&T International Ltd., Excellent Services Ltd., Mibale Farm, Liquidity Service Ltd., Clayton Marketing Ltd., M/S Rashtas (T) Ltd., Malegesi Law Chambers (Advocates), Kiloloma and Brothers na KERNEL Ltd.
Wakati huo huo Makampuni mawili, yaani, Rashtas (T) Ltd na G&T International Ltd., kumbukumbu zake za usajili katika daftari la Msajili wa Makampuni nchini hazikuweza kupatikana.
Uamuzi wa Rais
Baada ya kuipitia Taarifa ya Mdhibiti na Mkaguzi Mkuu wa Serikali na ya Mkaguzi wa Nje, yaani, Kampuni ya Ernst and Young, Mhe. Rais amesikitishwa na kukasirishwa na taarifa ya kuwepo vitendo vya ukiukwaji wa makusudi wa sheria, kanuni na taratibu za uuzaji wa madeni ya nje vilivyofanywa katika taasisi muhimu na nyeti kama vile Benki Kuu. Kwa hiyo, ameamua kuwa hatua za kisheria na kiutawala zichukuliwe dhidi ya makampuni na watu waliohusika na vitendo hivyo viovu.
Kwa ajili hiyo Rais ameamua yafuatayo:-
1. Ametengua uteuzi wa Dkt. Daudi A. Balali kuwa Gavana wa Benki Kuu ya Tanzania.
2. Ameagiza Bodi ya Wakurugenzi ya Benki Kuu ikutane mara moja kujadili taarifa ya ukaguzi na kuchukua hatua zipasazo za kinidhamu dhidi ya Maofisa wote wa benki, walio chini ya mamlaka yake waliohusika na kusababisha hasara hii kwa taifa.
3. Shughuli za ulipaji wa madeni katika Akaunti ya EPA zisimamishwe mara moja mpaka hapo taratibu za uhakiki na utaratibu mpya utakapotengenezwa.
4. Rais amewaagiza; Mwanasheria Mkuu wa Serikali, Inspekta Jenerali wa Polisi na Mkurugenzi Mkuu wa Taasisi ya Kuzuia na Kupambana na Rushwa, kuchunguza na kuchukua hatua zipasazo za kisheria kwa makampuni na watu waliohusika na uhalifu huu. Rais amewataka watumie ipasavyo mamlaka na madaraka waliyo nayo kwa mujibu wa sheria. Aidha, amewataka wakamilishe kazi hiyo katika kipindi cha miezi sita. Amemuagiza Mwanasheria Mkuu wa Serikali awe kiongozi wa kazi hii. Amewataka wahakikishe kuwa fedha zilizolipwa isivyo halali zinarudishwa.
5. Rais pia amemtaka Mdhibiti na Mkaguzi Mkuu wa Hesabu za Serikali kushirikiana na kuwasaidia watendaji wakuu hao wa vyombo vya dola katika kufanikisha jukumu lao hilo. “Watu wengine wenye taarifa za ziada pia wazitoe kwa Timu ya Mwanasheria Mkuu wa Serikali (AG) na wenzake”.
6. Kutokana na hatua ya kutengua uteuzi wa Bwana BALALI, Mhe. Rais amemteua Prof. BENNO T. NDULU (Naibu Gavana) kuwa Gavana Mpya wa Benki Kuu. Halikadhalika, amemteua Dkt. ENOS S. BUKUKU (Katibu Mkuu – Miundombinu) kuwa Naibu Gavana wa Benki Kuu (Fedha na Uchumi). Pia amemteua Ndugu Omari Chambo kuwa Katibu Mkuu wa Wizara ya Miundombinu. Uteuzi huu unaanza mara moja.
(Phillemon L. Luhanjo)
KATIBU MKUU KIONGOZI
IKULU,DAR ES SALAAM09 Januari 2008
Kwanhisani ya michuzi

posted by

Augustus Fungo, University of Essex, Sainty Quays,H8/6F Lightship Way, Colchester CO2 8GY
UNITED KINGDOM
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administrator: www.ludefo.blogspot.com

ASANTE SANA MASHAURI

Mhe,

Mashah nakushukuru sana kwa kuwa wa kwanza kufanya mambo kwenye hii blog,naomba na wengine tuige,na kujaribu kufanya mambo zaidi.Kama kawaida ukitaka kupost lazima uende http://www.folalumni2006.blogspot.com/ halafu weka username na passowrd ambayo tayari ulishatumiwa kwenye inbox yako. Lakini ningeshauri sana tupost kwenye sehemu hii ya kupost badala ya kuadd page element au kureaarange. Nawatakia posting njema.

Augustus

THE MYTH OF MULTIPARTY DEMOCRACY

THE MYTH OF MULTIPARTY DEMOCRACY:
WHAT LESSONS CAN OTHER COUNTRIES LEARN FROM THE KENYAN ELECTION CRISIS?
Before the colonial encroachment in the Africa and the rest of the Third World, the indegenous people had already developed sytems of public administration and governace of their own.According to its traditional meaning, democracy means the rule of the people, by the people and for the people. If the African traditional political systems are examined in the light of the above Athenian definition of democracy, the obvious conclusion we shall arrive at is that the traditional African political system were perfect ' democracies'.In my article I use the terms traditional African democracy and indegenous African democracy synomimously, and the reader should understand that my use of these term does not in any way mean these systems were inferior in relation to the modern multiparty democracy which was imposed from without by the former colonizers.
The traditional African democracy evolved as the society developed in the light of the existing circumstances.I confine my discussion to Africa, but most of this discussion is similar to the rest of the Third World because of the similarity in historical development. As it developed out of the existing historical and material conditions of the society, this African traditional democracy was arguably the most stable and efficient in the African history. Its principle were egaritarianism, communalism and unitarianism. It is these principles that made it the most stable and efficient in the day to day life of the indegenous population.Mwalimu Julius Nyerere, a thinker and the First President of Tanzania embodied the principles of the traditional African democracy in his seminal theory of African Socialism. According to Karl Marx all human societies began as communalistic societies, but how each society moved away this early system was shaped by the existing historical and material conditions.
The administration of this traditional African democracy is interesting and thus it is worthy revisiting. The mode of decision was by unanimous consensus as opposed to the 'imposed Western model democracy' whose decisions are based on the majority no matter the margin. This imposed model is the so called 'multiparty democracy'.In this imposed democratic model which is oftenly imposed by bombs as in Iraq, works on the basis of the winner-takes-all. It does not matter the way how one wins the game (of election), if he wins he gets the right to tyrannize the minorities for a certain period of time. Mwalimu Nyerere in his theory on African socilaism remarks that, in the traditional African society the elders met under the tree, they talked till they agree.This statement encapsulate the essence on how the decisions were made in the African democracy prior to European colonization.
The three principles referred above were fantastic. The egaritarian principle insisted on equality and equity to all members of the society particularly in terms of securing the necessities of life.Communalistic principle emphasized the common ownership of the means of production mainly land because this society was an agrarian society. Unitarian principle unified the membesrs together as single whole regardless of the differences. In addition it encouraged cooperation and mutual assistance between the members.In essence these three principles were complimented each other.
Colonialism was like a virus in the African body politic. It introduced not only a different system, but also an antipathy or negation to the traditional African democracy. The new system imposed by the colonizer was elitist as opposed to the egaritarian African system. In this imposed model, the access to public leadership is confined the privileged few who actually rule for the satisfaction of their chosen, be it their supporters, party members, business colleagues, friends etc.The traditional African society leadership instead, it was entrusted to the experienced and those having (informal) knowledge. These were apparently elders by virtue of their age they have acquired much informal knowledge and experience. So goes the Swahili saying that, kuishi kwingi ni kuona na kujifuunza mengi, literally translated as 'one who lives longer sees and learns a lot'.
In the Western democcracy, the leadership is confined to the cunning, those who are able to solicit much votes from the electorates by any means.Dubious methods such as fraud, buying of votes, threats, lies,media propaganda, treachery etc. have been invoked in order to gather votes! It is those who have financial capacity and mostly from privileged section of society can be able to do all these tricks. Those who are able to print millions of 'cut-and paste' leaflets, banners and T-shirts and those who can have money to entertain the voters with lunch and dinners, are those who 'win' the elections.
The imposed nature of the Western democracy accounts to major political violence including the on-going crisis in Kenya. Like the body infected with a virus, the generation of antibodies is normally violent and chaotic, that is the situation of most African contries suffering from colonial virus. In Britain, the democacy evolved along the class lines- the propertied and the propertless classes. This Western model is devoid of relevancy in African socio-political milieu.Unlike the unitarian Afrian democracy, this imposed democracy is divisive. It divides the nation along trivial lines namely tribes, color, region, ethnicity or religion. In fact the so called political parties do not differ significantly in terms of their policies, even in the Western countries also.That is why they all end up verging into these nonsensical lines of division. In the West most people do not care about the elections results because they are materially well off, so most of them are not bothered by whatever party comes to power. This is witnessed by the incresing political indifference and apathy among the population in the affluent societies.People just boycot elections. But in African and in the rest of the underdeveloped world, where people live in abject poverty the results of elections matters even if no big defference these parties make.
In the Western democracy, after election the population divide behind the factions created by these parties.Normally elections are succeeded by an atmosphere of hostility between these factions, as it has been the case in Tanzania 1995, 2000 and 2005 elections. These hostilities normally continue till the next elections at which they are normally amplified. This is the the distasteful inevitable scenerio in Kenya. Division along these factions never existed in the traditional African democratic model. Due to its unitarian nature, elections were followed with a strong societal unity behind the common leadership, which served the whole population by the principles I have referred above.
Is the killing in Kenya a sacrificial price for this imposed democracy? How long can we say 'enough is enough' to the killings in the name of democracy? Are we going to wait for the killings in the next elections in Kenya and elsewhere? For what happens in Kenya, the reasons are not confined to Kenya. Under the present world economic order, even if President Mwai Kibaki could stay in power for fourty years he could not allevitate the poverty and deprivation of the Kenyan people.The underdeveloped world is 'caged' and stunted by the international capitalistic order, such that the countries of the South (including Kenya) continue to suffer from naked exploitation by their former colonizers. Out of these exploitation, for which the Western population benefit, comes rampant poverty in African and in the rest of the Third world. Unless the neoliberal order, is radically changed, then the poor countries shall not only remain poor, but shall be further impoverished. As Thomas Pogge, argues the West have responsibility for the poverty and deprivation that are behind all the violence and instability in the poor countries.
The prospect for the reforms of the global institutional order, which inflicts injustices to the underdeveloped countries, is almost nonexistent. The only path is for the African countries and the rest of the Third world in cooperation with the revolutionary movements of the West to forge a new path for genuine human societal development. In Africa, the obvious way is to create a new system based on the three traditional principles.This system I will refer to it as the 'African Democratic Socialism'. In the same way, the Asia, can create Asian Democratic Socialism in the light of specific circumstances peculiar to Asian, etc. In Africa in particular it is easy and cheap to revive the traditional system than to establish the imposed Western model.
Live the struggle for the Liberation of the oppresssed peoples of the World! Zidumu Harakati za Kumukomboa Mnyonge Duniani!
Raphael Bahati Tweve Mgaya
Warwick University
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ARTICLE ENDS

A WELCOME NOTE

Dear Members

I am very honoured to take this opportunity to welcome you all to the prosperous page "Fol 2006 Alumni". It is intended that this page will act as a medium of communication among members of the Fol 2006 Alumni. Perhaps I should take this opportunity to say a little bit about Fol Alumni. Fol alumni was established soon after completion of class lectures in our final year at Udsm. I remember the occassion to have taken place at River side Hotel at Ubungo, Dar-es-salaam. It is this place where we got first 20 addresses of members. Since then the number has grown considerably. We think in future the number will increase especially through the use of this page. The link since then has proved its usefulness as we have been able to trace the whereabouts of various members and help each other share information. We hope through this page members will feel free to post articles, pictures,photos of various events, videos and other things which sounds important to us. Please feel free to contact the administrator any time. So far we are still developing this page, it might undergo here and there adjustment and changes the aim being to improve it and look more professional. Please do not hesitate to bring along your coments, ask question etc. I am looking forward to hearing from you soon. Happy NEW YEAR 2008

Cheers