Tegeta Escrow: TANESCO yashindwa kesi dhidi ya IPTL. Yaamriwa kulipa zaidi ya Sh. Bilioni 320!

Tegeta Escrow: TANESCO yashindwa kesi dhidi ya IPTL. Yaamriwa kulipa zaidi ya Sh. Bilioni 320!

Hivi yule Mwanasheria mkuu wa Serikali kazi yake kupambana na kila Lisu tu bungeni, dahh serikali ikate Rufaa na mawakili wa chadema walifanyie kazi hili
 
Hiki kitu kilichotokea kwa serikali kulipa PAP sio kitu cha bahati mbaya, seriklai ilijua kabisa huwezi lipa PAP wakati huo kuna kesi mahakamani kati ya serikali na SCB-HK, hili lilikuwa ni dili ambalo walilisuka wao wenyewe, hii nchi ya kijinga sana, wakalipa dol mil 200 kwa PAP( haya ni malipo Hewa), leo tena wanaamuliwa kulipa dol mil 148.4 over Bil 300 za kitanzania, bado hao waliolipwa ile pesa ya ESCROW wapo, yule mhindi yupo, watu wa serikali na viongozi walio fanya huu ujanja ujanja hadi malipo yakafanyika kwa PAP wapo, ilitakiwa baada ya habari hii kupatikana serikali ingekuwa imeshamkamata huyu mhindi na wenzake wote haraka ili wasikimbie, lakini tunabaki wote tunashangaa tu. Haiwezekani watu wapige bil 300+ tukawaacha hivi hivi, huu ni wizi wa karne.
 
jerrytz said:
Shirika la umeme Tanzania (TANESCO) limeshindwa kwenye kesi yake IPTL -Independent Power Tanzania Limited.

Hukumu hiyo imefikiwa mwisho wa wiki iliyopita ambapo World Bank tribunal (international centre for settlement of investment disputes.

ICSID imeamuru TANESCO kuilipa Standard Chartered Bank Hong Kong (SCB HK) kiasi cha dola za kimarekani milioni 148.40 pamoja na tozo riba.

SCB HK ndio walionunua mkopo wa IPTL kutoka bank ya Malaysia Danaharta kwa gharama ya dola za kimarekani milioni 76.1

Kwa habari zaidi soma the Guardian la leo:

==========

TANESCO ordered to pay $148m over IPTL dispute


Washington-based tribunal rules in favour of Standard Chartered Bank, saying dubious payments made from the Tegeta escrow account to businessman Harbinder Singh Sethi do not discharge TANESCO's obligations to the bank


By Guardian Reporter

THE Tanzania Electric Supply Company Limited (TANESCO) has suffered a massive blow in its protracted legal dispute with Independent Power Tanzania Limited (IPTL) after a World Bank tribunal last week ordered the state-owned power utility to pay Standard Chartered Bank-Hong Kong (SCB-HK) $148.4 million (over 320 billion shillings) plus interest in outstanding capacity charges.

The ruling comes nearly three years since the government controversially authorised payments of over $200 million (440 billion/-) from TANESCO-IPTL’s Tegeta escrow account to businessman Harbinder Singh Sethi’s Pan Africa Power Solutions Tanzania Limited (PAP).

This was after SCB-HK purchased the IPTL loan at a discount price of $76.1 million from Malaysia’sDanaharta Bankin August 2005, following the latter’s failure to secure its outstanding loan from IPTL.

The actual face value of the debt was $101.7 million, according to available evidence. IPTL borrowed over $100 million in 1998 from a consortium of Malaysian banks in order to finance construction of its 100-megawatt Tegeta power generating plant.

Under that transaction, SCB-HK was assigned a number of contracts, including the 1997 Security Deed, the Implementation Agreement and the Guarantee Agreement concluded between IPTL and the Tanzanian government. The available details show that SCB-HK also became the Security Agent under the Share Pledge Agreement and the Shareholder Support Deed.

Part of the agreement said: “As Security Agent, SCB HK holds all of IPTL’s ‘right, title and interest in and to the Assigned Contracts, including all moneys which may at any time be or become payable to the Borrower.'"

TANESCO had earlier taken its dispute with IPTL to the World Bank-affiliated International Centre for Settlement of Investment Disputes (ICSID) for arbitration after the state-owned power utility discovered that it was being overcharged in both capacity and energy charges.

Following this move, both parties agreed as stipulated in their 1996 Power Purchase Agreement (PPA) to establish an escrow account with the Bank of Tanzania (BoT), to be used to deposit all payments pending the outcome of the arbitration.

But a few months before ICSID issued its ruling, the government controversially (and secretly?) paid all the escrow money to PAP after the company claimed that it had acquired full 100 per cent ownership of IPTL in September 2013.

The Washington-based ICSID ruled in favour of TANESCO in February 2014, ordering a tariff recalculation so that finally the escrow money could be paid to either IPTL or the power utility firm, only to then be informed that a third party (PAP) had already been paid everything.

SCB-HK took TANESCO to the ICSID after it realised that the money in the escrow account has been paid to PAP at a time when there was still another pending case over the tariff dispute.

The bank was demanding outstanding payments to clear a loan taken by IPTL’s initial owners to set up the electricity generating turbines.

The Hong Kong-based bank took over control of IPTL after the company failed to pay its loan in 2008, and has since then been fighting to recover the debt.

And after more than five years of rigorous legal proceedings, ICSID judges have now finally ruled in favour of the bank.

"The tribunal orders that TANESCO pay to SCB-HK (Standard Chartered Bank Hong Kong) the amount of $148.4 million with simple interest at three month LIBOR (London Interbank Offered Rate) plus 4 per cent from September 30, 2015 until the date of this award," ICSID said in its latest ruling.

"Interest shall continue at the same rate until full payment is received," the ruling added.

DUBIOUS ESCROW ACCOUNT PAYMENTS

ICSID also ruled that payments made by the government from the infamous Tegeta Escrow Account "did not discharge TANESCO's obligations under the power purchase agreement (PPA) and thus cannot be used to reduce the amount that TANESCO owes SCB HK."

TANESCO paid more than $120 million from the IPTL Tegeta Escrow Account to Pan African Power Solutions (PAP)under dubious circumstancesin 2013.

The escrow account payments triggered a major national corruption scandal which ultimately led to the resignations of at least three senior ministers in then president JakayaKikwete's government.

A number of other senior government officials were also charged with corruption at the Kisuturesident magistrate's court over the IPTL escrow account scam.

Lawyers representing Standard Chartered Bank at the arbitration accused TANESCO of misleading the ICSID tribunal judges by concealing facts about the payments made from the escrow account to PAP.

"SCB-HK understands that PAP used $75 million of the funds obtained from the escrow account to pay VIP Engineering and Marketing Limited (owned by Tanzanian businessman James Rugemalira) for its 30 per cent shareholding in IPTL," says part of the 100-page ruling.

"The funds held in the escrow account that should have been available to satisfy TANESCO's payment obligations to IPTL under the PPA (power purchase agreement) have therefore been paid to two Tanzanian parties - VIP and PAP - neither of whom made any financial contribution to the construction of the facility," it adds.

The ruling seen by The Guardian was dispatched to the parties involved in the arbitration - Standard Chartered Bank and TANESCO - on September 12 this year.

The ICSID is part of the World Bank Group and is funded by the Bretton Woods institution. It is headquartered in Washington, DC, in the United States.

An ICSID award is binding on all parties to the proceeding and each party must comply with it.

If a party fails to comply with the award, the other party can seek to have the pecuniary obligations recognised and enforced in the courts of any ICSID member state as though it were a final judgment of that state’s courts.

Members of the tribunal that issued the award in favour of Stanchartwere Prof Donald McRae (president), Prof Zachary Douglas (arbitrator), and Prof Brigitte Stern (arbitrator).

In the arbitration process, the bank was represented by a team of lawyers from two London-based law firms - Herbert Smith Freehills LLP and Linklaters LLP.

TANESCO was represented by a team of lawyers from Tanzanian-based law firms R.K. Rweyongeza & Co. Advocates and Crax Law Partners, and a Zurich-based law firm Kellerhals Carrard.

ICSID ruled that each party should bear its own legal fees and expenses.
Click to expand...
Tuliambiwa ELIMU,ELIMU,ELIMU. Taifa kukosa wanasheria wapambanaji,inaligharimu Taifa.
 
Hivi kwanini serikali na Tanesco huwa hawashindi hata kesi moja? Itokee basi washinde hata kikesi kimojawapo Uchwara, dah!

Mara hii wamepata pigo jengine katika mgogoro wao wa kisheria wa muda mrefu dhidi ya Kampuni ya IPTL ambapo sasa wanatakiwa kulipa benki ya Standard Chartered -Hong Kong jumla ya dola za Marekani milioni 148.4(takribani sh.bilioni 320/- za TZ).

Hatua hiyo inafuatia uamuzi wa Baraza la Usuluhishi la Benki ya Dunia kutoa hukumu ya kulipwa kwa fedha hizo ambazo zinajumuisha na riba ya deni la tozo ya uwekezaji.

Uamuzi huo umekuja miaka mitatu tangu serikali iruhusu kitatanishi kufanyika kwa malipo ya dola milioni 200(sh.bilioni 440) kutoka akaunti ya Tegeta Escrow iliyokuwa imefunguliwa Benki Kuu ya Tanzania(BOT) kwenda kampuni ya Pan Africa Power Solutions (T) Ltd ya Harbinder Singh Sethi.

Chanzo: Gazeti la Nipashe leo tar.19/9/2016
 
Nakumbuka gavana aliweka shariti la PAP kulipa gharama zozote zitakazoibuka kabla ya kuruhusu hela zile kutolewa na PAP walikubali sasa naishindwa kuelewa iweje leo TANESCO ndio wadaiwe au ulikuwa ni usanii tu na kutuhadaa watanzania?

Au baada ya hukumu hiyo ndio sasa Serikali /TANESCO wambane PAP alipe gharama hizo?
 
nderingosha said:
.....hii ruling moja kwa moja inawavua nguo TANESCO na BoT.....kwamba walifanya makosa makubwa kuwalipa PAP na VIP hela toka kwenye mfuko wa escrow wakati wao hawakua party kwenye escrow agreement....hapa lazima BoT waeleze nani aliruhusu zile pesa walipwe kina VIP na PAP toka escrow account....

....escrow account ilikuwa ni agreement kati ya tanesco....na standard chartered bank (HK)...na BoT(kama mtunza fedha)....sasa wao tanesco wameruhusu sehemu ya pesa za escrow kulipwa kwa VIP na PAP kinyume na mkataba wa awali....hili ni kosa...na lazima tuhiji kwanini BoT walilipa ile hela???...kazi kwa utawala wa JPM hapa.....
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Tanesco hawakuruhusu zile hela zitoke wale waliosema hazikuwa fedha za umma wanajua wahusika ni kina nani
 
wade adams said:
Kitu cha kwanza waliohusika wawajibike
Wanasiasa husika
Watumishi waliohusika including bank kuu wizara ya Mhongo
Mwanasheria mkuu
Wizara ya katiba na sheria
Kamati ya zito na marehemu filipinjombe ya bunge la 10
Tanesco
Wizara ya fedha na wengine waliohusika directly or indirectly.
Haiwezekaniki tupoteze hela nyingi hivi.
Uchunguzi wa kina ufanyike na wataalam siyo wanasiasa
Katiba ya warioba ipitishwe hii ina meno siyo hii ya kulindana
Sasa hivi mkuu unatakiwa uwe discrete na principled weka siasa pendind please.
Click to expand...

Umesema wote lakini umemsahau aliekua pale kwenye jengo jeupe.
 
jerrytz said:
Shirika la umeme Tanzania (TANESCO) limeshindwa kwenye kesi yake IPTL -Independent Power Tanzania Limited.

Hukumu hiyo imefikiwa mwisho wa wiki iliyopita ambapo World Bank tribunal (international centre for settlement of investment disputes.

ICSID imeamuru TANESCO kuilipa Standard Chartered Bank Hong Kong (SCB HK) kiasi cha dola za kimarekani milioni 148.40 pamoja na tozo riba.

SCB HK ndio walionunua mkopo wa IPTL kutoka bank ya Malaysia Danaharta kwa gharama ya dola za kimarekani milioni 76.1

Kwa habari zaidi soma the Guardian la leo:

==========

TANESCO ordered to pay $148m over IPTL dispute


Washington-based tribunal rules in favour of Standard Chartered Bank, saying dubious payments made from the Tegeta escrow account to businessman Harbinder Singh Sethi do not discharge TANESCO's obligations to the bank


By Guardian Reporter

THE Tanzania Electric Supply Company Limited (TANESCO) has suffered a massive blow in its protracted legal dispute with Independent Power Tanzania Limited (IPTL) after a World Bank tribunal last week ordered the state-owned power utility to pay Standard Chartered Bank-Hong Kong (SCB-HK) $148.4 million (over 320 billion shillings) plus interest in outstanding capacity charges.

The ruling comes nearly three years since the government controversially authorised payments of over $200 million (440 billion/-) from TANESCO-IPTL’s Tegeta escrow account to businessman Harbinder Singh Sethi’s Pan Africa Power Solutions Tanzania Limited (PAP).

This was after SCB-HK purchased the IPTL loan at a discount price of $76.1 million from Malaysia’sDanaharta Bankin August 2005, following the latter’s failure to secure its outstanding loan from IPTL.

The actual face value of the debt was $101.7 million, according to available evidence. IPTL borrowed over $100 million in 1998 from a consortium of Malaysian banks in order to finance construction of its 100-megawatt Tegeta power generating plant.

Under that transaction, SCB-HK was assigned a number of contracts, including the 1997 Security Deed, the Implementation Agreement and the Guarantee Agreement concluded between IPTL and the Tanzanian government. The available details show that SCB-HK also became the Security Agent under the Share Pledge Agreement and the Shareholder Support Deed.

Part of the agreement said: “As Security Agent, SCB HK holds all of IPTL’s ‘right, title and interest in and to the Assigned Contracts, including all moneys which may at any time be or become payable to the Borrower.'"

TANESCO had earlier taken its dispute with IPTL to the World Bank-affiliated International Centre for Settlement of Investment Disputes (ICSID) for arbitration after the state-owned power utility discovered that it was being overcharged in both capacity and energy charges.

Following this move, both parties agreed as stipulated in their 1996 Power Purchase Agreement (PPA) to establish an escrow account with the Bank of Tanzania (BoT), to be used to deposit all payments pending the outcome of the arbitration.

But a few months before ICSID issued its ruling, the government controversially (and secretly?) paid all the escrow money to PAP after the company claimed that it had acquired full 100 per cent ownership of IPTL in September 2013.

The Washington-based ICSID ruled in favour of TANESCO in February 2014, ordering a tariff recalculation so that finally the escrow money could be paid to either IPTL or the power utility firm, only to then be informed that a third party (PAP) had already been paid everything.

SCB-HK took TANESCO to the ICSID after it realised that the money in the escrow account has been paid to PAP at a time when there was still another pending case over the tariff dispute.

The bank was demanding outstanding payments to clear a loan taken by IPTL’s initial owners to set up the electricity generating turbines.

The Hong Kong-based bank took over control of IPTL after the company failed to pay its loan in 2008, and has since then been fighting to recover the debt.

And after more than five years of rigorous legal proceedings, ICSID judges have now finally ruled in favour of the bank.

"The tribunal orders that TANESCO pay to SCB-HK (Standard Chartered Bank Hong Kong) the amount of $148.4 million with simple interest at three month LIBOR (London Interbank Offered Rate) plus 4 per cent from September 30, 2015 until the date of this award," ICSID said in its latest ruling.

"Interest shall continue at the same rate until full payment is received," the ruling added.

DUBIOUS ESCROW ACCOUNT PAYMENTS

ICSID also ruled that payments made by the government from the infamous Tegeta Escrow Account "did not discharge TANESCO's obligations under the power purchase agreement (PPA) and thus cannot be used to reduce the amount that TANESCO owes SCB HK."

TANESCO paid more than $120 million from the IPTL Tegeta Escrow Account to Pan African Power Solutions (PAP)under dubious circumstancesin 2013.

The escrow account payments triggered a major national corruption scandal which ultimately led to the resignations of at least three senior ministers in then president JakayaKikwete's government.

A number of other senior government officials were also charged with corruption at the Kisuturesident magistrate's court over the IPTL escrow account scam.

Lawyers representing Standard Chartered Bank at the arbitration accused TANESCO of misleading the ICSID tribunal judges by concealing facts about the payments made from the escrow account to PAP.

"SCB-HK understands that PAP used $75 million of the funds obtained from the escrow account to pay VIP Engineering and Marketing Limited (owned by Tanzanian businessman James Rugemalira) for its 30 per cent shareholding in IPTL," says part of the 100-page ruling.

"The funds held in the escrow account that should have been available to satisfy TANESCO's payment obligations to IPTL under the PPA (power purchase agreement) have therefore been paid to two Tanzanian parties - VIP and PAP - neither of whom made any financial contribution to the construction of the facility," it adds.

The ruling seen by The Guardian was dispatched to the parties involved in the arbitration - Standard Chartered Bank and TANESCO - on September 12 this year.

The ICSID is part of the World Bank Group and is funded by the Bretton Woods institution. It is headquartered in Washington, DC, in the United States.

An ICSID award is binding on all parties to the proceeding and each party must comply with it.

If a party fails to comply with the award, the other party can seek to have the pecuniary obligations recognised and enforced in the courts of any ICSID member state as though it were a final judgment of that state’s courts.

Members of the tribunal that issued the award in favour of Stanchartwere Prof Donald McRae (president), Prof Zachary Douglas (arbitrator), and Prof Brigitte Stern (arbitrator).

In the arbitration process, the bank was represented by a team of lawyers from two London-based law firms - Herbert Smith Freehills LLP and Linklaters LLP.

TANESCO was represented by a team of lawyers from Tanzanian-based law firms R.K. Rweyongeza & Co. Advocates and Crax Law Partners, and a Zurich-based law firm Kellerhals Carrard.

ICSID ruled that each party should bear its own legal fees and expenses.
Click to expand...
Deni hatutalipa , wafanye wafanyavyo , wananchi fanyeni kazi , deni hilo halikusababishwa na serikali .
 
mtzmweusi said:
Tanesco hawakuruhusu zile hela zitoke wale waliosema hazikuwa fedha za umma wanajua wahusika ni kina nani
Click to expand...
.....sasa hapo JPM ndio ana mtihani...maana waliokwapua zile pesa wanajulikana....wamewalipa PAP na VIP kwa makosa pesa za St. chartered bank (HK)...

.....waanze na BoT walioruhusu hela kutoka..na utaona hiyo bil.320+ ndio kiasi cha pesa za escrow zilizochotwa...hizi hela zilibarikiwa zitoke kuanzia juu ......hapo ndipo JPM ana mtihani....ifike mahali sasa aanze na hili la escrow...aache kushughulika na vidagaa wasio na impact kwenye kukua kwa nchi...
 
Nooooo... noooooo...omg..!!

Nooo, nooo over my dead body... Nooo... noooo...!!

Hapanaaaaaa... hatulipiiiiiii, hakunaaaaaaa... jamaniiii, sasa basi... Mh. Rais Magufuli, hili na uhakika kufa na kupona, na sbb nampenda sanaaa mh. Rais kwa uzalendo wa 10000% juu ya nchi yetu, hili atakataaaa...!! Tusiwe tunaibiwa hivi na wazunguuuu..!

I feel pain, naumiaaaa, moyo unaniumaaa, i feel pain & very angry..!! Naumiaa, tutaibiwa hadi liniiiii....? naumia, naumia, nchi yangu Tz utaibiwa hadi liniiii...? naumia, naumia...!!

Mh. Rais wangu Magufuli, hili kataaaa, kata kataaaa...!!

Unyonge na uwizi wa kisheria, uhuni, sasa basiii...

Watukomeee, tutawamaliza, no... noooo... oohh shit..!!
 
Lizaboni said:
Mnatamani sana Serikali ipandishe bei ya umeme ili muwe na ajenda majukwaani. Mmeula wa chuya. Hilo halitarokea kwa utawala wa Rais Magufuli
Click to expand...
hahahaa ndugu yangu wewe utakuwa umetumwa sio bure.. hivi kuna mtu mwenye akili timamu atakayefurahia bei ya umeme kupanda ukilinganisha na hali ya leo ya uchumi jinsi ilivyo ngumu? tufike mahali tuache siasa za ushabiki na kuwa wazalendo maana hili tatizo litakuathiri wewe pia
 
Denis denny said:
Kwa akili yako unamuona ni nani wa kurudisha hizo pesa? Acha tuendelee kukamuliwa kwenye bili ya umeme usishangae ile service charge ya kila mwezi ikarudi tena
Click to expand...
..we akili yako finyu huwezi hata kusoma na kuona nani wanatakiwa kurudisha hizo pesa....pamoja na scandal yote kuibuka mwaka jana bado hujui nani wa kulipa...usaidiweje we sasa....
 
Nchi imekuwa ya moto sasa, huko mtaa wa magogoni hakuna usingizi, yaani najalibu kuwaza tu:-
1; Deni la taifa kwa sasa tirioni 50
2: IPTL bilioni 320
3; China tirioni 16....

Watanzania lazima tule nyasi kipindi hiki......
 
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