DR MWAKYEMBE, A TAINTED CAREER? OR UNFAITHFUL EXPERT; COMMENT ON DR MWAKYEMBE GRUDGES ON LISSU FAIR COMMENT IN REGARDS TO MAKINIKIA SCANDAL

DR MWAKYEMBE, A TAINTED CAREER? OR UNFAITHFUL EXPERT; COMMENT ON DR MWAKYEMBE GRUDGES ON LISSU FAIR COMMENT IN REGARDS TO MAKINIKIA SCANDAL BY Joseph Moses Oleshangay Dr Harrison George Mwakyembe in his 7 minutes contribution in the house, at first he pat on the back the proposed budget for the year 2017/18. Also applaud the incumbent president for the allegedly diligent scrap for equality, rights, freedom striking a chord on Nyerere times citing among many, Nyerere breaking diplomatic ties with UK on 16th December 1965 for UDI issue, the like to East German during the post Union between Tanganyika and Zanzibar and describe JPM as starling as Baba wa Taifa “what a doomed comment”. He desperately alleges that we need 1. Watu 2. Ardhi 3. Siasa safi 4. Uongozi safi Yes we need them, tuna watu, Ardhi ila hatuna siasa wala Uongozi safi, and the like of Mwakyembe ndio sampuli ya siasa holela I term it desperate because Dr Mwakyembe isn’t principled, isn’t reliable to stand to what he says. He turned to MAKINIKIA scandal and as expected for the like of him, he throw his stones non but the true comrade against the Investment, Mining law, maladministration, the true Human right and environmental Advocate non other that TUNDU ANTIPAS MUGWAI LISSU purportedly as pro investors and western associates and describing him as fearful na kuwa anatishia NYAU through MIGA convention. Lisu alisema 1. Turekebishe sheria zetu mbovu 2. Turekebishe mikataba 3. Tuwalazimishe kujenga melting intustries 4. Tupige marufuku cerificate of urgency in legislative process akaitwa mnafki, msaliti, and other bad names Dr Mwakyembe anasema “IN CASE OF ANY ARBITRATION TANZANIA ITASHINDA KESI MAPEMAA” HATUWEZI KUSHINDWA KESI ending describing Lissu as Mamluki in the allegedly “THE ECONOMIC WAR” vita ya kiuchumi. Anasema Haiwezekani kampuni like WILLIAMSON DIAMOND kwa miaka 77 haipati faida lakini in Botswana the profit by the same company is usual. To Dr Mwakyembe MIGA is the normal and obvious agreement that has no detriment to the undertaking in progress “ni sawa na mikataba mengine” citing Article 11 and 12 of the MIGA Convention as in favor of Tanzanian. This isn’t true also. Kachukizwa kusikia report tabled is “Takataka” anatuaminisha kuwa Convention on sale of goods, unfair commercial code (UCC) all requiring good faith between the contracting parties and are in our favor kwa sababu tumedanganywa by the wawekezaji. Dr Mwakyembe anasema ukitaka kutumia MIGA CONVENTION “YOU MUST RESPECT LAWS OF THE HOST COUNTRY” NI LAZIMA WAWEKEZAJI WAHESHIMU SHERIA ZA NCHI WANAKOWEKEZA” Dr Mwakyembe hakusema ni sheria gani hizo but it must be the law relating to i. Investment and ii. mining Dr Mwakyembe anasema tukishindwa hii kwa sababu ya MIGA tutakuwa tumesungukwa na akina YUDA ISKARIOUT wengi and he is thankful that they are few To Dr Mwakyembe, we have good laws, no loopholes and that the investors are not adhering to them ndio maana tumefika huku tunapoita vita ya kiuchumi. The laws that Dr Mwakyembe is assuring us that we will win the arbitration battle early before the sun rise are A. INVESTMENT ACT As its preamble makes clear, this Act was enacted in order to provide for more favourable conditions for investors. This is done with extraordinary kindness. The investors are, for instance, given very liberal incentives, which term is defined by the Act as tax reliefs and concessional tax rates which may be accessed by an investor under the Income Tax Act, 1973, the Customs Tariff Act, 1976 and the Sales Tax Act, 1976 and any other law for the time in force and includes additional benefits that may be accessed by an investor under sections 19 and 20 of the Investment Act. Now turning to section 19 and 20 the godly law in Dr Mwakyembe perceptions states 19(1) A business enterprise in respect of which a certificate is granted under this Act shall be entitled to the benefits which are applicable to that enterprise under the provisions of the Income Tax Act, 1973, the Customs Tariff Act 1976, the Sales Tax Act, 1976, or of any other written law for the time being in force. Lisu anasema ni takataka kwa sababu the proposal are not going to the root of the problem, the problem is our laws, the contract we entered with investors under Ben regime but the useless Mwakyembe is accusing Lissu to be the investor associates and fearful. The worse is yet to be seen in our laws, the same investment Act under section 19 (2) states among others “For the purposes of creating a predictable investment climate, the benefits referred to under sub-section (1) shall not be amended or modified to the detriment of the investors enjoying those benefits”. What is this meant? That our laws cannot be amended for the determent of the investor business? Can Dr Mwakyembe use this provision to win the battle before the sun rise? Ni nani anaogopa wawekezaji? Watu wanasikiliza kelele without going to the root of things Kama hiyo haitoshi, the investors if wishes may apply to the minister and be granted again other benefits to the investors in supplement of the one above mentioned in section 19 as designated in section which avers that 20.-(I) For the purposes of promoting identified strategic or major investments, the Minister, may, by order published in the Gazette, for after consultation with appropriate government authorities and after consultation with the Minister of Finance, specify specific in addition to the benefits provided under section 19 of this Act for any period which the Board may specify. Na ikitokea the responsible minister is so wise, patriotic, principled that he cannot agree with additional benefits reapplied by the investor in supplement to the one specifically provided by the investment law, then the Minister is obliged to remit the matter to the president for consideration (in most case to grant the applied benefits) as stated under subsection 2 of the section 2o which states; (2) Where the Ministers do not agree on any issue or matter in accordance with the provisions subsection (1); the Minister shall within one month from the date of the consultations referred to in subsection (1), submit the matter to the President for consideration. This law along other two bills were passed in a single day in 1997 and the persons who brought us into this mess we are told tumpe muda wa kupumzika baada ya kazi njema aliyoifanyia hili taifa by the person described by Dr Mwakyembe as starling, principled na mzalendo The Good law that Mwakyembe assure us that the investors must respect as a condition precedent to access MIGA benefits states is assured and guaranteed unconditional transferability 'through any authorized dealer bank in freely convertible currency including “ net profits or dividends attributable to the investment, payments in respect of loan servicing where a foreign loan has been obtained, royalties, fees and charges in respect of any technology transfer agreement registered under this Act;, the remittance of proceeds (net of all taxes and other obligations) in the event of sale or liquidation of the business enterprise or any interest attributable to the investment and payments of emoluments and other benefits to foreign personnel employed in Tanzania in connection with the business enterprise”. The above is kindly afforded to investors under Under section 21 of the investment Act. In simple language unconditional transferability means the investors are at liberty to repatriate outside Tanzania 100 percent of whatever profits and related income they make out of the country s mineral wealth and in freely convertible foreign currency The Law markers majority of them affiliated to Mwakyembe political wing further assured the investors under section 22 that no investor property or income including “MAKINIKIA” will be seized, nationalized or expropriated by the Government and in case on any then it must be with 22(2) (a) Payment of fair, adequate and prompt compensation, and (b) a right of access to the Court or a right to arbitration for the determination of the investor's interest or right and the amount of compensation to which he is entitled. (3) Any compensation payable under this section shall be paid promptly and authorization for its repatriation in convertible currency, where applicable, shall be issued In case of Dispute for Dr Mwakyembe to employ his expertise in law and win before the sun rise the following must employed in dispute settle the dispute per the law in regards to section 23.— (l) Where a dispute arises between a foreign investor and the Centre or the Government in respect of a business enterprise, all efforts shall be made to settle the dispute through negotiations for an amicable settlement. Settlement of disputes (2) A dispute between a foreign investor and the Centre or the Government in respect of a business enterprise which is not settled through negotiations may be submitted to arbitration in accordance with any following methods as may be mutually agreed by the parties, that is to say- (a) in accordance with arbitration laws of Tanzania for investors; (b) In accordance with the rules of procedure for arbitration of the International Centre for the Settlement of Investment Disputes; (c) Within the framework of any bilateral or multilateral agreement on investment protection agreed to by the Government of the United Republic and the Government of the Country the Investor originates. The Investment Act expressly excludes foreign investment in the mining sector or oil exploration, production or transportation from its application. Nevertheless, investors in the mining sector or oil production are entitled to all the benefits, entitlements and protections afforded to all other investors that we have set forth above. According to section 2(3) of the Act, the provisions of Section 21 which relates to guarantees of transfer of capital, profits and dividends and Section 22 which relates to the guarantees against expropriation, shall apply to any business enterprise which holds a mineral right granted under the Mining Act, 1997. Then another law was brought in named Financial Laws (Miscellaneous Amendments) Act, 1997 with intention of protecting the investors. Conceivably to make it hard for people to understand the true import of this Act, its title and the very short preamble an Act to amend certain Financial Laws sound innocent enough. Its substantive provisions are, however, anything but innocent. But it relieved the liabilities of the investors from tax obligation. It allows them to pay taxes only when they declare profit. It wasn’t Tundu Lissu but Mwakyembe allies including his Boss The Financial Laws (Miscellaneous Amendments) Act, 1997 also amended the Immigration Act, 1995 to remove restrictions on employment of non-citizens in the mining sector. The immigration quota in respect of mining and petroleum operations shall be determined by the investor depending on the nature of the operations and not by the government. The Mining Act, 1998 over and done with the legal structural design under which Tanzania s mineral wealth has been handed over to foreign mining domination. The Act makes it far easier for foreign investors to gain access to, and complete control of, Tanzania s mineral resources. Chini ya sheria ya madini 1998 and its cosmetic amendment in 2010afford the holders of Mineral Rights are entitled to exclusive right of ownership of the mining operations and the minerals recovered as well as complete power to dispose of the said minerals including Makinikia recovered. Sheria ya madini ya 1998 na hata ile ya 2010 imeweka vipengele (section 10) in relation to financing of mining operations under a special mining license. These agreements may contain provisions binding on the United Republic which guarantee fiscal stability of a long term mining project with respect to the range and applicable rates of royalties, taxes, duties, fees and other fiscal imposts and the manner in which liability in respect thereof is calculated. Also, the Act sets the amount of royalty on the net back value of minerals that the government receives from the foreign investors at 5 percent in the case of diamonds and 3 percent in the case of other minerals. And in terms of section 87, the Minister is obliged to defer the payment of even this meager amount upon application by the investor that the cash operating margin of his operations has fallen below zero! Anachokisema Lisu ni takataka ni pale proposal zinazotolewa zinapokosa tija kwa taifa. Huwezi kuwa na sheria ambayo huwezi ku amend kisa unalinda interest za uwekezaji, huwezi kumaintain the oppressive laws kama hizi ukataka uungwe mkono. Kuna tatizo kubwa sana juu ya hiyo issue ya madini but the guys in the regime are politicising it. mosi tunaowaita watukufu walikuwa mawaziri wakati hiyo mikataba ikiingiwa, they had an avenue to advice them kama cabinet "sijui kama walishauri hawakusikilizwa" ni ukweli usiyopingika kuwa the Bulyanhulu, Nzega......... Goldmine aliesaign ni jk kama waziri na leo Mawiyo wamefungiwa kwa kumhusisha na hiyo mikataba hiyo nia iko wapi? Ben alikuwa in charge wakati mikataba tunayoambiwa ni mibovu yakiingiwa na wakati mwingine watu walipohoji kuwa mikataba ni ya ovyo akasema they are misusing the education they have. hata kama ana kinga ya kutokushtakiwa ana kinga ya kutokusemwa kwa madudu aliyoyafanya? hiyo nia ya kuokoa uchumi wetu iko wapi? sasa wengine washtakiwe kwa makosa gani wakati waliowatuma wanakingiwa? huo sio ubaguzi? is that not politicasion of the matter? Kwa nini waogope kuambiwa ukweli? akina chenge ni kuonewa tu kama wahusika wakuu hawataulizwa hata sababu ijulikane kwa nini waliamua kutenda hayo. tumeambiwa the two guys wametumikia nchi hii kwa uaminifu waachwe wapumzike...... uaminifu upi wakati yeye mwenyewe anasema tumeibiwa mno? tumeambiwa that ACACIA isn't registered na walivuna madini kwa miaka 19 unaongea nini na jambazi? mbona mawio hawakuongea nayo kabla ya kuwafungia? yahitaji uwe na moyo mkubwa sana kuamini kinachosemwa. But I am not a saint nor any of the jewish prophet may be Trillion 188 . Mgodi wa wezi umevamiwa na sasa akina Heche wanatafutwa kwa kuwahimiza kuvamia, si walisema ni wezi?