Unapokataa ushauri na kujifanya kila kitu unajua ndio madhara yake hayo sasa
Tatizo kiongozi anakuwa mungu mtu only in Africa
Jitu linachukia matajiri
Mkataba haukuwa na tatizo lolote. Magu alitumia kiburi cha madaraka kuuvunja ili kumkomoa mkwere.Huo mkataba alioingia Kikwete ulikuwa unahusu nini na ulikuwa una mapungufu yapi Hadi uvunjwe na Magufuli
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wewe malya lala umhumie mmeo
Jina la mtu hilo.wewe malya lala umhumie mmeo
Mwamba Jiwe Magufuli hakuogopa kuvunja mkataba wowote eti kwa kuogopa kushtakiwa. He was a real leader afraid of NOTHING!!!By MMM
Watu wamepiga kelele kutaka kujua ndege imeachiwa kwa masharti yapi. Leo MMM ametutonya kama ilivyo hapo juu Walitaka walipwe US&500M (1.2 Trillion) wamelipwa 403 Bn Tsh.
Magufuli kwa ubabe alivunja mkataba na EcoEnergy ulioingiwa na Kikwete.
cae no. ICSID No. ARB/17/33
Serikali ya Samia imelipa.
Zingelijenga shule ngapi?
Dawa kiasi gani?
Mikopo ya wanafunzi kiasi gani?
EcoEnergy lodges $500m claim after govt revoked its land title
Wednesday, September 20, 2017 — updated on April 17, 2021
View attachment 2684031
A poster showing where a multi-biliion Bafgamoyo Sugar Project was to be implemented by the EcoEnergy Group.PHOTO|FILE
Summary
The case has commenced at the International Centre for Settlement of Investment Disputes (ICSID), the World Bank organ, which is based in Washington D.C.
Dar es Salaam. EcoEnergy Group has filed a $500 million arbitration claim against the Tanzanian government over its decision to unilaterally revoke land title for a multi-billion Bagamoyo sugar project.
The case has commenced at the International Centre for Settlement of Investment Disputes (ICSID), the World Bank organ, which is based in Washington D.C.
The Commissioner for Lands informed the Bagamoyo EcoEnergy Limited in November, 2017 that the government had resolved to revoke the title deed for the 20, 400 hactares and instead replaced it with the name of the President of the United Republic of Tanzania.
The unexpected move dealt a major blow to the Swedish company that had for over 10 years worked to develop the project and invested $52 million in a ready-to-go project for local production of sugar, renewable electricity and fuel.
Attorney General and government’s chief legal adviser, George Masaju could not be reached by phone yesterday to react on the move. The project was tied under the bilateral investment protection between Tanzania and Sweden, which calls for disputes to be settled by international arbitration.
The revocation was followed by a series of unsuccessful attempts by the company to have dialogue with the government to save the project and pay compensation.
“Despite several invitations from EcoEnergy, GoT (Government of Tanzania) has ignored all offers to meet for a dialogue to save the project. Hence, EcoEnergy has no other option but to seek legal redress though an international arbitral tribunal,” states the document filed at ICSID. The company wrote to President John Magufuli on December 5, 2016 to request his intervention after failed efforts to have the Prime Minister, Kassim Majaliwa and minister for Industry, Trade and Investment Charles Mwijage to give a go-ahead and full support to enable the sugar project to start.
The consortium of EcoEnergy Africa AB of Sweden and Uttam Group of India was to inject $100 million towards the Bagamoyo project as own equity.
The remaining fund of $250 million would have been a combination of DFI and commercial bank lending where a commitment was given by African Development Bank (AfDB) to act as a lead financing arranger. They already had a board decision of the AfDB to allocate $100 million towards the project.
AfDB withdrew their financing commitment later due to inaction by the government to respond to their requests of endorsing the Bagamoyo project in combination with information that the government had revoked the land title with the intention of giving it to a domestic investor.
“We are concerned that you have not been fully informed about the actual situation and about our ability and interest to have the Bagamoyo Sugar Project up and running by 2019…Taking governments inaction and recent actions and their consequences into consideration we and our partners have now undesirably been forced to reassess the entire situation,” read part of the letter to President Magufuli.
The company has outlined several reasons why it opted for the international arbitration to resolve the dispute. “EcoEnergy has the right to be compensated for the financial harm suffered as the result of GoT’s acts and omissions violating the bilateral investment treaty.
“If the government is allowed to continue unchecked, its damaging actions towards private investors will lead to the loss of credibility for Tanzania as a destination for much needed direct investments into agriculture, as well as into other parts of the economy,” the company complains in the arbitration dossier.
The integrated sugar project that was to be carried out by the firm would have been one of the largest private agriculture investments in East Africa with an overall investment of about $500 million, including the outgrower programme.
The Bagamoyo project was estimated to create 20, 000 jobs in the processing facility, the estate, logistics, the outgrower programme and through indirect employment.
In 2013, the government of Tanzania issued a certificate of occupancy for 99 years for 20, 400 hactares free of encumbrance for the western portion of the abandoned Razaba ranch four years after an environment and social assessment certificate had been approved.
Then minister for Agriculture Livestock and Fisheries Mwigulu Nchemba sent a letter to Bagamoyo EcoEnergy on behalf of the government stating: “On behalf of the government of Tanzania and myself, we do appreciate your efforts in supporting the mentioned project. I think it is now time to make our outmost to bring the project to its successful implementation.” EcoEnergy now says: “The government’s act and omission, which have prevented the BEE project from being implemented, violate Tanzanian’s obligations under the bilateral investment treaty. The government has failed to ensure fair and equitable treatment, it has taken unreasonable and discriminatory measures against EcoEnergy,” read part of the document filed at ICSID.
Na kuna mswada unaandaliwa na itapita tu marinda yenu kuwekwa rehani. Wee subiri utaona.Hapo mgao mkubwa sana utaingia mifukoni mwa waliofanikisha dili, sasa hizo bilioni karibu. 500 hazitoshi kununua ndege mpya?
Hayo madudu aliyafanya Kikwete na Serikali yake.Dawa ya deni kulipa.
Huwezi kukaribisha wawekezaji wakija kuwekeza halafu uwaambie "sitaki", lazima ile kwako kwa makubaliano ya Umoja wa Mataifa.
Moja ilishikwa Canada - tukalipa.
Nyingne ikashikwa Afrika Kusini - tukalipa.
Hiyo umeshikwa Uholanzi- tumelipa.
Tuliishika meli ya samaki, tukagawana samaki - tumelipa samaki, na meli na muda wote iliyokuwa imekaa kesi inaendelea.
Tuliowapora mali zao tukawalipisha "plea bargain" tumewalipa na bado tunaendelea kuwalipa.
WOTE HUO UJINGA WA MTU MMOJA, NA BADO MADUDU YATAENDELEA KUFUMUKA.
Ndio tatizo la mamlaka na nguvu wanazopewa maraisi au kujiwekea nguvu za ziada na vitisho kana kwamba hakuna sheriaNdugu, ni mifumo yetu tu hovyo na mtu mmoja kuwa na maamuzi ya mwisho.
Hata hili la Bandari walau mama ameamua kuliko wazi ila potelea pote linafanyika bila kujali ya hizi kelele.
Akija jamaa mwingine na kuuvunja atakula shangwe.
Aliejinyea ni wewe wakati umeshikishwa ukuta na sasa una as nepiUtakuwa umejinyea ww sio bure
Mtumwa ni wewe wa mwendazake nenda kalinde kaburi kwa sababu Firauni mwendazake alikufanya wewe kijakazi wakeAcha ujinga kuliko tatizo hili la sasa litakalifanya kizazi kirudi utumwani. Angalia kilemba chako kisifinike akili yako ndogo uliyonayo
Shamba la mwendazakeTz shamba la Bibi Hao jamaa na mengine yapo humu humu Tz yametupiga tena. Lile zee halina aibu kabisa
Kesi ilisikilizwa wakashinda Tanzania haikulipa ndio wakatafuta mawakala wa kusaka mali za Tanzania popote waliposajili hukumu ndio ndege ilipotua Holland wakaidaka.Mazungumzo hayo ina maana fedha $165 million imelipwa baada ya kuelewana 'makubaliano' nje ya ICSID na siyo kushinda kesi ?
Rule 43
(1) If, before the award is rendered, the parties agree on a settlement of the dispute or otherwise to discontinue the proceeding, the Tribunal, or the Secretary-General if the Tribunal has not yet been constituted, shall, at their written request, in an order take note of the discontinuance of the proceeding.
Rule 65
Settlement and Discontinuance
by Agreement of the Parties
(1) If the parties notify the Tribunal that they have agreed to
discontinue the proceeding, the Tribunal shall issue an order
taking note of the discontinuance.
(2) If the parties agree on a settlement of the dispute before the
Award is rendered, the Tribunal:
(a) shall issue an order taking note of the discontinuance of the
proceeding, if the parties so request; or
(b) may record the settlement in the form of an Award, if the
parties file the complete and signed text of their settlement
and request that the Tribunal embody such settlement in
an Award.
(3) An Award rendered pursuant to paragraph (2)(b) does not need
to include the reasons on which it is based.
(4) The Secretary-General shall issue the order referred to in
paragraphs (1) and (2)(a) if the Tribunal has not yet been
constituted or if there is a vacancy on the Tribunal.
Source : Overview of an Arbitration - ICSID Convention Arbitration (2022 Rules) | ICSID
TOKA MAKTABA :
Air Tanzania Plane Seized in the Netherlands Over Land Issues
BYBABATUNDE OGUNTIMEHIN
DECEMBER 2, 2022
Air Tanzania Company Limited plane has been seized in the Netherlands after a Swedish firm won a $165 million award against Tanzania due to revoked land title in the Bagamoyo sugar project.
It is still not clear exactly which aircraft on ATCL’s fleet has been seized.
However, on Wednesday, the government dispelled fears of the possible attachment of an ATCL plane by a Dutch court, with the Attorney General saying everything was under control.
Attorney General of Tanzania, Dr Eliezer Feleshi confirmed that a Swedish firm that won a $165 million award against Tanzania had persuaded the court to uphold the attachment of the aircraft despite the International Centre for Settlement of Investment Disputes (ICSID) having issued a stay of execution, pending annulment proceedings.
“It’s true that they went to court in the Netherlands after we had successfully appealed to the ICSID for a stay of execution. Everything is under control,” he said.
Dr Feleshi added that the government had already appealed against the Dutch court’s decision, but declined to offer further details.
“I can’t disclose further details…let’s be patient as the matter is in court.”
Tanzania has argued that the attachment is unlawful because it was obtained a day after the State had petitioned the ICSID to annul EcoDevelopment’s award.
The judge reasoned that the ICSID’s provisional stay of execution of the award only took effect on the date the institution registered the state’s annulment request.
The Swedish company is using the legal firm Houthoff in the Dutch courts, and Mannheimer Swartling in the ICSID proceedings.
Tanzania on the other hand has turned to Buren Legal for the attachment proceedings but has not appointed an external counsel in the arbitration or annulment proceedings.
EcoDevelopment, which is owned by 18 Swedish nationals, brought its ICSID claim in 2017 under the Sweden-Tanzania bilateral investment treaty.
That came after the government decided to unilaterally revoke the land title for a multi-billion sugar project in Bagamoyo.
The case commenced at the ICSID, a World Bank organ based in Washington.
UJjinga! umelipa fdha ngapi?Mwamba Jiwe Magufuli hakuogopa kuvunja mkataba wowote eti kwa kuogopa kushtakiwa. He was a real leader afraid of NOTHING!!!
Wewe unamuona mbaya Magufuli tu bila aliyeingia mkataba wa kijinga Kikwete unaona poa tu! Unajua huo mkataba feki tungelipa trillion ngapi kama TANESCO ilivyohangaika na Dowans miaka nenda rudi kwa upumbavu wa Kikwete na akina Rostam!UJjinga! umelipa fdha ngapi?
Huyu Bibi yako tapeli hajaweka wazi watu ndo wameuweka wazi mkataba! Ficha Ujinga wako!Ndugu, ni mifumo yetu tu hovyo na mtu mmoja kuwa na maamuzi ya mwisho.
Hata hili la Bandari walau mama ameamua kuliko wazi ila potelea pote linafanyika bila kujali ya hizi kelele.
Akija jamaa mwingine na kuuvunja atakula shangwe.
Hawa wa hovyo wanaingia mikataba ya hovyo akija mjinga mwingine ataivunja kwa kuwa ni ya hovyo bora ni kuzuia kabla ya kuisaini!Dawa ya deni kulipa.
Huwezi kukaribisha wawekezaji wakija kuwekeza halafu uwaambie "sitaki", lazima ile kwako kwa makubaliano ya Umoja wa Mataifa.
Moja ilishikwa Canada - tukalipa.
Nyingne ikashikwa Afrika Kusini - tukalipa.
Hiyo umeshikwa Uholanzi- tumelipa.
Tuliishika meli ya samaki, tukagawana samaki - tumelipa samaki, na meli na muda wote iliyokuwa imekaa kesi inaendelea.
Tuliowapora mali zao tukawalipisha "plea bargain" tumewalipa na bado tunaendelea kuwalipa.
WOTE HUO UJINGA WA MTU MMOJA, NA BADO MADUDU YATAENDELEA KUFUMUKA.
Wangekuwa wajinga wangeweka vipengele vya hauvunjiki milele. Wakati mwingine kujifanya mjinga au kuitwa mjinga ni mtaji vile vileHawa wa hovyo wanaingia mikataba ya hovyo akija mjinga mwingine ataivunja kwa kuwa ni ya hovyo bora ni kuzuia kabla ya kuisaini!