Posts tagged as: judge

Sarah Ikumu – Teen With Kenyan Roots Who Melted Simon Cowell’s Heart

RESOURCE: You’re Going to Love Sarah Ikumu as Much as Simon!By Thomas Matiko

Imagine standing in front of the British version of Judge Ian (from the Tusker Project Fame shows) and dazzling him enough to earn a golden buzzer! Yup! That is what happened to 15-year-old Sarah Ikumu who auditioned for a spot in the world-famous Britain’s Got Talent search with her rendition of “And I Am Telling You I’m Not Going”, sending her straight to the semi-finals. Well here are a few things you may not know about this beautiful girl with a golden voice.

She is of British nationality but her parents are Kenyan

Sarah Ikumu was born in Milton Keynes, Buckinghamshire, England, to Kenyan parents Alex Gatoto, a truck driver and pastor, and her mother Sarah, a care-giver. Their Kenyan home is in Limuru.

She attended Riara Springs school in Nairobi

The starlet is in year 11 studying for her General Certificate of Secondary Education (GCSE) in the UK, where she lives with her parents. A few years ago, when her parents relocated to Kenya for about two and a half years, she attended the prestigious Riara Primary School in Imara Daima before moving back to England.

Has won several music competitions

The talented teenager has been singing since she was five years old, when her father Gatoto first invited her to sing in front of the congregation at the church the family attended. She has also entered a number of local competitions, winning some, including Midlands Teen Star and Milton Keynes Young Musician of the Year. She also won the talent show held at her school, Hazel Academy, last year called “H Factor”.

Sarah has performed in Kenya

A week before she became a British pop star in waiting, Sarah was in Limuru, as a guest artiste at Melissa and Robin Maina’s wedding ceremony, her family friends, where she enthralled them with a resounding performance. She was introduced to the crowd as Sarah Njoki before proceeding to belt out a love song that burst the roof.

What Simon Cowell’ golden buzzer means to her

Judge Cowell, 57, is a renowned music producer who has propelled novice musicians to stardom, such as the group One Direction, and thus pressing a golden buzzer for Sarah could only mean that she is destined for greater heights. No one can tell what could be in store for the sensational Sarah if this trend is anything to go by.

Kenya

I Want to Transform Lives Through Charming Snakes

Snakes hardly conjure up the image of making a living but for Haji Mwachambuli, 29, snake- charming has been his source… Read more »

EU Trade Deal, Funding Mechanism Top Agenda of Region’s Summit

Photo: East African Legislative Assembly

Member states and and East African Legislative Assembly flags.

By James Karuhanga

The Economic Partnership Agreement (EPA) between East African Community (EAC) partner states and the European Union, search for a sustainable financing mechanism and assent to bills passed by the regional Assembly are among the agenda items of the upcoming summit, an official has said.

The leaders of the six EAC partner states are due to meet in Dar-es-Salaam, Tanzania, on Saturday for their annual summit that has been postponed three times in the recent past.

While in Kigali, earlier this year, the East African Legislative Assembly (EALA) passed a resolution urging the Council to find a common stance on partner states’ funding deficit by having it on the agenda of next EAC Summit.

Richard Owora, the EAC head of corporate communications and public affairs, told The New Times yesterday that the provisional agenda of the summit also includes matters concerning the EAC Political Federation, the fourth goal of regional integration, after the Customs Union, Common Market and Monetary Union.

According to Owora, the 18th Ordinary Summit of EAC Heads of State will also consider various reports including the “report on the roadmap for the accelerated integration” of South Sudan.

South Sudan deposited the instruments of ratification of the accession Treaty on September 5, 2016, and the summit is set to appoint a judge from South Sudan to the East African Court of Justice.

South Sudan has already elected its nine members for the fourth East African Legislative Assembly in June.

The summit will also consider a progress report on admission of Somalia to EAC.

The annual report of the Council of Ministers, a progress report on the implementation framework for the EAC institutional review, and a report on the implementation of previous decisions of the summit, are also lined up for discussion.

The 34th Extraordinary Meeting of the EAC Council of Ministers is taking place in Dar to prepare all the above mentioned agenda items for the Summit, Owora said.

Concerns about EPAs

The recent 35th Ordinary Meeting of the Council of Ministers in Arusha looked at partner states’ concerns about the EAC-EU EPA deal. In September last year, trade ministers for Rwanda and Kenya signed the deal in Brussels, Belgium.

Although Rwanda and Kenya have no concerns, the last Council meeting was informed that Uganda’s interest was for the partner states to move to sign the agreement as a bloc; and explore available options in the event that some partner states sign the EPA and others do not.

The Council’s report, a copy of which The New Times has seen, notes that while Bujumbura’s only concern is that “EU unilaterally suspended direct partnership with the Government of Burundi,” Tanzania maintains reservations and needs the EAC Secretariat to conduct a detailed analysis on the effects in order to bring about regional perspective to the Community.

Tanzania’s 15 specific concerns include effects of EPA on EAC industrial development, effects of EU subsidies and domestic support on EAC farmers accessing EU market, bridging the gap of revenue losses resulting from substantial trade liberalisation, and effect of Brexit as UK is one of the major trading partner of EAC countries.

Tanzania also questions the rationale of Burundi signing EPA while the EU has imposed an embargo on her exports.

Conclusively, Tanzania is of the view that signing a bad EPA deal will set a bad precedence, which will compromise the region’s interests in all other subsequent negotiations on free trade agreements (FTAs).

South Sudan informed the Council that being a new partner state, it will need time to study the issues related to the EAC-EU EPA negotiations.

Considering the different views, the Council recalled the summit decision stating that the matter regarding EPA will be considered on the summit agenda.

“It was noted that the divergent views are positions of partner states, and as such the views were to be consolidated and subsequently forwarded to the summit.”

Draft legislations

The Bills set to be assented to by the Heads of State during the summit are the EAC Customs Management (Amendment) Bill, 2016; the EAC Appropriation Bill, 2016; and the EAC Supplementary Appropriation Bill, 2016.

Consultations on Political Federation

It is not clear whether the Summit will conclude on the matter of the Political Federation as consultations could still be underway.

A confederation model is being mulled instead of a political federation as the last stage of EAC integration. A confederation, according to Judy Njeru, senior assistant director for political affairs in Kenya’s state department of EAC integration, is a union of political units for common action in relation to other units.

Njeru has previously explained that confederations tend to be established for dealing with critical issues such as defence and security, foreign affairs, a common currency, and immigration and labour movement, and that the idea of a confederation as a transitional phase toward the political federation is desirable, particularly since partner states will retain their sovereignty and only transfer some capacity in identified areas.

Meanwhile, the recent Arusha meeting recalled that a previous session of the Council observed that upon further consultations, all partner states had generated convergence on confederation as the model for the EA Federation.

“The meeting agreed that the Constitutional experts will provide a proposal on the areas to be covered under pooled sovereignty. The Republic of Kenya requested that she be given more time to consult on the proposal for the Confederation,” reads the Council’s recent report.

Kenya: Court Bars KAA From Paying Off Residents to Expand Malindi Airport

By Charles Lwanga

The Kenya Airports Authority (KAA) has been stopped from forcefully compensating 25,000 residents to allow the expansion of Malindi airport.

This comes six months after the government disbursed Sh300 million to the National Land Commission (NLC) for compensation, with land survey and property evaluation having started.

Justice James Olola issued the orders that also restrain KAA, the National Land Commission (NLC), the Attorney-General and the Kenya Police Service from forcefully evicting the residents at Kwachocha.

The judge issued the orders after the residents filed a certificate of urgency to stop the compensation process claiming that several land ownership cases on the airport expansion land were pending in court.

Not fair

Through their lawyer, Stephen Obaga, they claimed the compensation will not be fair until the pending land cases are heard and determined.

“The expansion of the Malindi International Airport at the heart of town is a risk to heart attack patients, expectant mothers and children,” he argued and proposed the airport be constructed at an earlier proposed site in Lango Baya which is 60 kilometres away.

The residents, who moved to court through Mtangani CBO, also claimed the airport expansion will result in the demolition of 4,000 permanent and 2,220 semi-permanent houses, causing them a huge loss.

“Temporary conservatory order is hereby granted against the respondents from acquiring, surveying, geo referencing, erecting beacons, evicting or dealing with properties in possession of the petitioners,” ordered the judge.

Sh5.6-bn project

Late last year, the government disbursed Sh300 million to the NLC for compensating residents living in the lands meant for the Sh5.6-billion expansion project.

NLC chairman Muhammad Swazuri then said nobody would be forcefully evicted from their land and that all those affected by the airport project will be compensated.

On December last year, the then Transport Principal Secretary Irungu Nyakera said the government had projected obtaining 130 hectares of land for the second in order to ensure that the runaway expansion is efficient.

Kenya

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Why All the Effort to Sanitize Genocide Ideologue and Convicted Criminal Victoire Ingabire?

opinionBy Peter Mugabo

Victoire Ingabire was tried and convicted of complicity in acts of terrorism, conspiracy against the government by use of war and terrorism, and genocide ideology, and in October 2012 sentenced to eight years’ imprisonment. Fifteen months later, an appeal to the Supreme Court led to her sentence being increased to 15 years.

Since then some media, NGOs and intergovernmental organisations have struggled to sanitize her genocidaire background, and portray her as woman who is no more than a political opponent and head of a coalition of Rwandan opposition parties calling itself Unified Democratic Forces (UDF).

Three years ago an appeal case was filed by Ingabire against the Government Rwanda at the African Court on Human and Peoples’ Rights (ACHPR), marking yet another campaign to rebrand someone who is by all known definitions, a leading genocide ideologue and convicted terrorist planner.

Victoire Ingabire happened to be in the Netherlands before the Genocide against the Tutsi and remained there before she returned to Rwanda in January 2010. But her real story does not begin when she landed in Kigali, accompanied by her deputy who later confessed to genocide and is serving a prison sentence. It begins in the refugee camps of Zaire, now Eastern DRC, in which the remnants of Rwanda’s genocidal government settled after fleeing Rwanda. .

Her official narrative says that in August 2000 she was elected president of the Rally for the Return of Refugees and Democracy in Rwanda (RDR) – now known as the Republican Rally for Democracy in Rwanda – with its headquarters in The Hague. What her resume doesn’t say is that RDR was actually born in April 1995 in Mugunga Camp in Eastern DRC.

The original RDR that Ingabire prefers to shun, merged with other Hutu extremist ideologues to form her current party, United Democratic Forces (FDU-Inkingi). Although Ingabire masquerades as an opposition politician, the party she heads has genocide denial and genocide ideology as its founding doctrine.

In January 2010 Ingabire was reminded by the interviewer on a BBC Kinyarwanda language show “Imvo n’Imvano” that she was a member of an organization called the RDR created by “extremist Hutu” in the former Zaire. She denied it and instead said she was from a non-existent “Rally for Democracy in Rwanda.”

On 16 June 2006, the ICTR Appeals Chamber Judicial Notice stated that it was a “fact of common knowledge that between 6 April and 17 July 1994 there was a genocide in Rwanda against the Tutsi ethnic group” in which “more than a million people were killed during the genocide.”

But this and many more court rulings, have not stopped Ingabire and her colleagues from denying the obvious. A similar Judicial Notice of the Holocaust was made by Judge Johnson of the California Superior Court on 9th October 1981 ruling “The Holocaust is not reasonably subject to dispute… it is simply a fact.”

But the RDR to which Ingabire belongs and has led for over a decade, has maintained that “there is no evidence of the preparation of the genocide on the part of the Rwandan people and their leaders.” Rather, their position is: “it is true that massacres occurred and that the RPF must mainly be held responsible for the tragedy that befell Rwanda.”

The ICTR has ample evidence which shows who, when and how genocidaires were the real founders of the RDR. After all, many among them were eventually tried and convicted by the Court, including General Augustin Bizimungu, Colonels Theoneste Bagosora and Tharcisse Renzaho, Major Aloys Ntabakuze, Dr. Ferdinad Nahimana, Jean Bosco Barayagwiza and Laurent Semanza.

It is this very group that herded millions of ordinary Hutu citizens to refugee camps across the border to the DRC, and kept them as hostages for over two years and where the RDR provided political guidance to invigorate Hutu Power extremism.

Ingabire was schooled by these brains behind the genocide, the masterminds who fine-tuned the propaganda which justified and rationalized the slaughter, and provided training and logistics to the Tutsi extermination enterprise.

In May 1995, Human Rights Watch (HRW) published a report which described that part of the DRC was as a bastion of “the perpetrators of the Rwandan genocide” who had “openly declared their intent to return to Rwanda and … “kill all Tutsi… “. But the very same HRW condemned her trial which they said was “unfair” and used “unreliable” evidence. HRW conveniently failed to mention that some of the most damning evidence used by the prosecution was provided by the Netherlands.

Last year, the EU parliament arbitrarily raised her status to “political opponent”, and condemned her trial as “politically motivated… based on vague and imprecise laws”.

But if Victoire Ingabire had been in Europe as a “politician” and speaking of the Holocaust, the authorities of Austria, Belgium, Czech Republic, France, Germany, Lithuania, Poland, Romania, Slovakia, all countries with laws against denial would arrest and charge her. If there was evidence linking her to terrorist activity, she would be paraded on our TV screens as a threat to world peace. So, why Rwanda should be expected to hold itself to lower standards of memory and security?

Four Escape Hangman’s Noose On Appeal

By Faustine Kapama

The Court of Appeal has acquitted four people, including a member of the Tanzania People’s Defence Forces (TPDF), Damas Mponeja, who were sentenced to death by hanging for killing a houseboy, Mackdonald Wahenga, in a robbery incidence at Ukonga area.

Justices Mbarouk Mbarouk, Augustine Mwarija and Shaban Lila ruled in favour of Mponeja and his co-appellants, Joseph Mohamed, Michael Kalinga and Omari Danga, after allowing an appeal they had lodged to challenge the findings of the trial High Court. “We allow the appeal, quash the conviction (of the appellants) and set aside the sentence.

The appellants are to be set free forthwith unless held in prison for any other lawful cause,” they declared in the judgment delivered recently.

During hearing of the appeal, seasoned advocate Jerome Msemwa and Aloyce Sekule defended the appellants, while the prosecution had the services of Senior State Attorney Neema Haule, assisted by State Attorney Yusuf Aboud, who had joined the defence counsel in opposing the High Court verdict.

In challenging the findings of the High Court, the appellants had advanced 15 grounds, notably the reliance by the trial judge in convicting them basing on retracted cautioned and repudiated statement by Mohamed, who is reported to have mentioned others to have taken part in the incidence.

The appellants had further stated that the trial judge erred in law and in fact by convicting them, relied on their statements while she failed to ascertain the credibility of the exhibits during the trial as she failed to ask the appellants whether they had any objection before being produced in court.

In their judgment, however, the justices of the appeals court agreed with the submissions of Mr Msemwa that the statements incriminating his clients were recorded outside the required period, in contravention of section 50 of the Criminal Procedure Act (CPA).

As a result, they expunged such exhibits from the record. Having done so, the justices had this to say: “We are settled in our minds that there is no other cogent evidence on record on which the appellant’s conviction could be based as rightly argued by counsel for the appellants and senior state attorney.”

Facts of the case show that Rose Mnzava and Gabriel Mnzava are wife and husband, respectively, living in their own house situated At Kipunguni, Ukonga area. On February 19, 2007, at around 20.00hours, the two were watching television at the sitting room.

The couple’s daughter Joy Mnzava was in her room, while Mackdonald Wahenga, the deceased, who was their houseboy was at the gate.

All of a sudden, a person entered into the sitting room and put them under arrest. Then three other people entered and ordered the couple to lie down.

Thereafter, the thugs demanded to be given money but they managed to go away with the wife’s handbag containing several documents, mobile phones and 800 US dollars in cash.

The thugs proceeded to the bedroom, while the daughter in her room heard some noises at the verandah.

Two people got into her room, one armed with bush knife, while the other had a gun. One of the intruders slapped her down and while holding her by her shorts forced her to take them to her parent’s bedroom.

They then proceeded to the sitting room whereat, upon arrival, he father shouted for help.

The bandits ran away and while being chased by the daughter and the houseboy, who was holding a hoe, a gunshot was heard.

It was later discovered that the houseboy had died. The issue was reported at Stakishari Police Station, where investigation was launched leading to the arrest of the appellants.

Court Okays Athletics Kenya AGM Without Polls

By Author:Sport

Nairobi — The High Court has allowed the Athletics Kenya (AK) Annual General Meeting (AGM) scheduled for May 13 to go ahead as planned in Nairobi.

Nairobi’s Milimani High Court Judge, Justice J.M Mativo granted prayers by the petitioner, the 1991 Tokyo World 10,000m champion Moses Tanui and other athletes of allowing the meeting to be convened but barring elections from taking place on that day.

“The court has granted the petitioners their prayers of blocking the elections during the AGM but proceed with general meeting as scheduled,” ruled Mativo.

The Judge ruled that the hearing of the case will be done on July 19, 2017, and ordered the local athletics governing body AK’s lawyer Elias Masika to submit to the court an amended petition within seven days.

However, the petitioners lawyer Kibe Mungai didn’t object to the AGM taking place as long as the elections were not among the items on the meeting’s agenda.

Tanui a two-time Boston Marathon champion and nine other runners are challenging the validity of the forthcoming AK national elections which were scheduled for May 13.

Tanui sued the local athletics governing body AK, together with the 1997 Athens World 3000m steeplechase champion Wilson Boit Kipketer, Susan Sirma the two times All Africa Games 3000m winner and the first black African woman to win a track and field medal at World Championship or Olympic level and former World cross country runner Hosea Kogo.

Others are the 1988 Seoul Olympics 3000m steeplechase champion Julius Kariuki, 1992 Barcelona Olympics 800m silver medalist Nixon Kiprotich, 1987 All Africa Games 10,000m gold medalist Leah Malot, a three time national champion Mary Chemweno, the 1999 Seville World 3000m water and jump gold medalist Christopher ‘Jogoo’ Kosgey.

On April 29, Justice Chacha Mwita, put on hold the ongoing grassroots elections that had commenced on April 27 pending hearing and determination of an application filed by the retired athletes.

Justice Chacha issued the order after the athletes told him that they were apprehensive because any elections carried out under the current constitution will produce flawed electoral results that do not reflect their will and that of stakeholders.

The elections at the ward level which took place on April 27 were expected to culminate with national polls slated for May 13.

Sub-county level elections were scheduled to be held on May 2 and May 6 respectively while the regional elections were to be held on May 9, 2017.

In solidarity with the petitioners, the court session was attended by the Kenya Retired Athletes Welfare Association (KRAWA) officials led its chairman Vitalis Emurian, Professional Athletics Association of Kenya (PAAK) executives, five times World Cross Country champion John Ngugi and the 1972 Munich Olympics 4x400m gold medalist Robert Ouko.

AUTHOR: Capital Sport

Kenya

EU Opts for Dialogue As Region Ignores Signing Trade Deal

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South Africa: Controversial Australian Company Applies for Extension to Mining Rights

Photo: Supplied

This cliff at the Tormin mine on the West Coast has collapsed. It has been alleged that the company caused the collapse in 2015.

By John Yeld

Controversial West Coast mineral sands mine Tormin is applying for a major extension of its mining rights, despite unresolved environmental issues and alleged unlawful practices within its current operational area.

These include investigations of criminal charges over alleged contraventions of the mine’s legally approved environmental management programme, and into the causes of the collapse of a huge sea cliff directly in front of the mine.

The Department of Mineral Resources (DMR) is keeping silent on the issue. Despite reminders, it has ignored a comprehensive set of written questions from this writer about any actions it plans in response to a recent High Court case, where the mine’s alleged environmental mismanagement was aired.

Although the DMR appears reluctant to act, some aspects of Tormin’s operation may still be investigated by the Department of Environmental Affairs (DEA), even though this department’s role in mining has been significantly watered down by the introduction of the government’s One Environmental System for the industry in December 2014.

Mine owner and operator Mineral Sand Resources (MSR), an Australian-owned company, wants to extend mining into 148 hectares in three sections, including ten beaches along a stretch of coastline north of the existing mine. The proposal triggers some so-called “listed activities” in terms of the National Environmental Management Act (NEMA) that require a formal environmental impact assessment (EIA) process.

More on This

Mining Company Sues South African Environmental Lawyers


Australian Mining Company Sues Environmental Lawyers

Warrant for West Coast Mine Invalid, South African Court Rules

Warrant for Search-and-Seziure At West Coast Mine Ruled InvalidCourt to Deliver Vital Environmental Judgment

Through its consultants SRK Consulting, the mining company issued a “Background Information Document” about the proposed mining extensions in January, and at the end of April it released a Scoping Report – the first stage in the EIA process setting out possible environmental impacts that require detailed investigation – inviting interested parties to register and comment.MSR says that unless its application to extend operations is granted, it will probably have to close the mine. The decision on whether to approve the mining extension and issue the required environmental approvals lies with the DMR in terms of the One Environmental System.Its preeminent responsibility for environmental monitoring and compliance enforcement of all mining operations under this system was confirmed in the recent Western Cape High Court case brought by MSR. Judge Owen Rogers found in favour of MSR, to the effect that the warrant authorising a search-and-seizure raid at the mine in response to complaints of alleged environmental contraventions was invalid, and he set it aside. However, he also made it clear that this decision did not preclude a future search-and seizure operation in respect of the same complaints, if the warrant was properly authorised.Judge Rogers also refused MSR’s application for evidence seized during the search-and-seizure to be destroyed, so it clearly still has a case to answer at Tormin – including management’s alleged role in the collapse of the sea cliff.Any decision to start a new investigation of Tormin’s alleged breaches must be taken by the DMR. But this department has a poor record of compliance enforcement, and its new enhanced dual role of actively promoting mining while also playing policeman to prevent environmental abuses has resulted in a conflicted mandate.”It’s a huge conflict of interest for the department tasked with promoting mining, to also be mandated to protect the environment,” says Tracey Davies of the Centre for Environmental Rights (CER), a non-profit public interest organisation and law clinic that was one of the complainants. “And this case proves that the DMR has no incentive to monitor and enforce compliance. This is what we predicted before the One Environmental System came into force, and what we and many others made detailed submissions to Parliament about. It’s very, very frustrating. And because the DMR is not carrying out its environmental mandate, these issues always end up in court, which is expensive and time-consuming.”Under the One Environmental System, the national DEA’s role has been severely reduced, although it can still act in some limited circumstances.The DEA told GroundUp it had decided not to appeal the Tormin judgment, in which it was the First Respondent. “But [we] will be taking steps to engage the Department of Mineral Resources as the judgment places a significant onus on them to take the necessary enforcement action in relation to the mine’s non-compliance with … the Environmental Impact Assessment regulations,” DEA’s Chief Director of Communications Albi Modise said. “DEA will be moving forward in relation to contraventions of the Integrated Coastal Management Act (ICMA), after consulting with the DMR.”DEA’s responsibility for compliance monitoring and enforcement in terms of ICMA, which has relevance at Tormin, was not challenged during the High Court case.The Tormin Scoping Report is available for public review and comment, and a public Open Day is being held at the Lutzville Hotel on Wednesday 10th May. See http://www.srk.co.za/en/za-tormin-mine-extension or contact Jessica du Toit of SRK Consulting, jedutoit@srk.co.za, 021 659 3060.

More Complications Haunt Disputed Sale of 34,479 Tigo Shares

By Faustine Kapama

Disputed sale of MIC Tanzania Limited’s 34,479 shares hangs in balance as Quality Group Limited and Golden Globe International Services oppose the revision proceedings pending before the Court of Appeal.

The two companies have filed an application for review of the court’s decision, dismissing the first attempt relating to grounds of objections raised against the hearing of the proceedings on a complaint by Millicom (Tanzania) NV that claims to legally own the shares, worth over 13bn/-.

Hearing of revision proceedings on the controversial share sale was scheduled for last Friday before Justices Mbarouk Mbarouk, Augustine Mwarija and Shaban Lila, but the session was adjourned, pending determination of the new application for review of the court’s ruling.

Before adjournment, advocate Richard Rweyongeza, on behalf of other advocates representing the two companies, told the panel that determination of application for review may have consequential effects on revision proceedings.

However, Advocate Fayaz Bhojani, one of counsel bench for Millicom (Tanzania) NV, strongly objected the request for adjournment, submitting that the move by the two companies was taken in abuse of court process.

He told the panel that the matter was a suo mottu (own motion) revision and was so called because of critical urgency in compliance of law requiring MIC Tanzania, trading as Tigo, to go public through offloading shares on the Dar es Salaam Stock Exchange.

Tanzania Telecommunication Regulatory Authority (TCRA), he claimed, has already set the deadline for Tigo to comply with the law, threatening to de-license upon any violation.

He informed the court that his client was so desperate as he was majority shareholder in Tigo.

In their order, however, the justices of the appeals court noted that though the question of urgency was pertinent in the matter, they were of the view that determination of the new application for review first was of crucial importance.

On February 27, this year, the justices dismissed all the grounds of objections the two companies had raised for lack of legal merits. The two companies had alleged, among others, that the revision proceedings were incompetent since Millicom (Tanzania) NV had alternative remedies. Among the remedies, the lawyers submitted, included filing a separate suit.

They had contended further that the proceedings were incompetent for non-joinder of the parties and that the same were bad in law for containing incomplete records.

There have been ranges of claims regarding the transfer of Tigo shares, with Millicom (Tanzania) NV, a limited liability company registered under the laws of Curacao, claiming to control majority shares of MIC Tanzania Limited, which is registered in Tanzania.

The source of the dispute can be traced way back in 2002 when a Briton, Mr James Bell, filed a Civil Case No. 306/2002 against MIC UFA Ltd, Millicom International Cellular SA and MIC Tanzania Limited.

In the case, Millicom NV was not a party. Mr Bell, the plaintiff in the proceedings, managed to get a default judgment against MIC UFA Limited and Millicom International Cellular SA only in March 2005.

The Plaintiff attempted to execute the judgment against shares in Tigo, but could not because High Court Judge Laurian Kalegeya, as he then was, on November 7, 2009 ruled that the shares were not owned by Millicom International Cellular SA, but rather Millicom NV, a wholly separate legal entity.

However, on February 18, 2014, the plaintiff filed another application for execution against the same shares, which the applicant claimed were owned by Millicom International Cellular in Tigo.

On June 17, 2014, the District Registrar, Ms Pamela Mazengo, appointed Mr Mustafa Nyumbamkali of Super Auction Mart & Court Brokers as auctioneer and issued a prohibitory order attaching the shares Millicom International Cellular owned in Tigo.

The non-existent shares were purportedly sold by way of an auction on November 5, 2014 to an offshore company, Golden Globe International Services limited, allegedly controlled and beneficially owned by Mr Yusuf Manji.

On November 10, 2014, the Registrar issued a certificate of sale, concluding the execution in shares of Millicom International Cellular in MIC Tanzania limited.

Tanzania: More Complications Haunt Disputed Sale of 34,479 Tigo Shares

By Faustine Kapama

Disputed sale of MIC Tanzania Limited’s 34,479 shares hangs in balance as Quality Group Limited and Golden Globe International Services oppose the revision proceedings pending before the Court of Appeal.

The two companies have filed an application for review of the court’s decision, dismissing the first attempt relating to grounds of objections raised against the hearing of the proceedings on a complaint by Millicom (Tanzania) NV that claims to legally own the shares, worth over 13bn/-.

Hearing of revision proceedings on the controversial share sale was scheduled for last Friday before Justices Mbarouk Mbarouk, Augustine Mwarija and Shaban Lila, but the session was adjourned, pending determination of the new application for review of the court’s ruling.

Before adjournment, advocate Richard Rweyongeza, on behalf of other advocates representing the two companies, told the panel that determination of application for review may have consequential effects on revision proceedings.

However, Advocate Fayaz Bhojani, one of counsel bench for Millicom (Tanzania) NV, strongly objected the request for adjournment, submitting that the move by the two companies was taken in abuse of court process.

He told the panel that the matter was a suo mottu (own motion) revision and was so called because of critical urgency in compliance of law requiring MIC Tanzania, trading as Tigo, to go public through offloading shares on the Dar es Salaam Stock Exchange.

Tanzania Telecommunication Regulatory Authority (TCRA), he claimed, has already set the deadline for Tigo to comply with the law, threatening to de-license upon any violation.

He informed the court that his client was so desperate as he was majority shareholder in Tigo.

In their order, however, the justices of the appeals court noted that though the question of urgency was pertinent in the matter, they were of the view that determination of the new application for review first was of crucial importance.

On February 27, this year, the justices dismissed all the grounds of objections the two companies had raised for lack of legal merits. The two companies had alleged, among others, that the revision proceedings were incompetent since Millicom (Tanzania) NV had alternative remedies. Among the remedies, the lawyers submitted, included filing a separate suit.

They had contended further that the proceedings were incompetent for non-joinder of the parties and that the same were bad in law for containing incomplete records.

There have been ranges of claims regarding the transfer of Tigo shares, with Millicom (Tanzania) NV, a limited liability company registered under the laws of Curacao, claiming to control majority shares of MIC Tanzania Limited, which is registered in Tanzania.

The source of the dispute can be traced way back in 2002 when a Briton, Mr James Bell, filed a Civil Case No. 306/2002 against MIC UFA Ltd, Millicom International Cellular SA and MIC Tanzania Limited.

In the case, Millicom NV was not a party. Mr Bell, the plaintiff in the proceedings, managed to get a default judgment against MIC UFA Limited and Millicom International Cellular SA only in March 2005.

The Plaintiff attempted to execute the judgment against shares in Tigo, but could not because High Court Judge Laurian Kalegeya, as he then was, on November 7, 2009 ruled that the shares were not owned by Millicom International Cellular SA, but rather Millicom NV, a wholly separate legal entity.

However, on February 18, 2014, the plaintiff filed another application for execution against the same shares, which the applicant claimed were owned by Millicom International Cellular in Tigo.

On June 17, 2014, the District Registrar, Ms Pamela Mazengo, appointed Mr Mustafa Nyumbamkali of Super Auction Mart & Court Brokers as auctioneer and issued a prohibitory order attaching the shares Millicom International Cellular owned in Tigo.

The non-existent shares were purportedly sold by way of an auction on November 5, 2014 to an offshore company, Golden Globe International Services limited, allegedly controlled and beneficially owned by Mr Yusuf Manji.

On November 10, 2014, the Registrar issued a certificate of sale, concluding the execution in shares of Millicom International Cellular in MIC Tanzania limited.

Legislators Pass Judicial Law

By Nasra Bishumba

Parliament has passed the draft law determining the organisation and functioning of the Judiciary.

The new law was passed as a necessity, especially after the adoption of the country’s Constitution in 2003 and its later revision in 2015.

The Chairperson of the parliamentary Standing Committee on Political Affairs, Alfred Rwasa Kayiranga, told members that the new law will facilitate the smooth functioning of the Judiciary.

“After the adoption of Constitution of 2003 revised in 2015, it was found necessary to review some laws relating to the judiciary. In order to achieve its goal, the Judiciary has realised that the review of those laws was necessary to facilitate the smooth functioning of the organ,” Rwasa said.

“Among the laws are those relating to the organisation, jurisdiction and functioning of the judiciary that must be harmonised and compiled in one legal text.”

What is new?

The High Council of the Judiciary is the supreme organ governing the Judiciary and in charge of setting general guidelines governing the organisation of the Judiciary.

The president of Court of Appeal and the Chief Registrar of the Supreme Court are among members of High Council of Judiciary so that Office of the Registrar is also represented.

In this draft law, the judge of the Supreme Court elected by his colleagues was removed because the Supreme Court is already represented by the president and vice-president and will be composed by five judges only.

In ordinary court, a Court of Appeal was added and there will be a single judge unless the president decides otherwise something that was done to help in handling cases on time and in reducing backlog in Supreme Court.

In the intermediate court, there will be a Chamber in charge of economic crimes, while the ordinary chamber will handle minors’ cases and family matters whereas the labour chamber will be combined with both labour and administrative issues.

But MP Juvenal Nkusi expressed his worry over what he said could be a conflict of responsibilities.

“This is a law that gives way for other laws that will be established. However, I am seeing that there is an Executive Secretary and then an Executive in the Supreme Court and I suspect that there could be a clash of duties,” he said.

The Spokesperson of the Judiciary, Emmanuel Itamwa Mahame, told The New Times that the new law will make accessing information concerning the judicial operations way easier as compared to the past, where laws governing the institution were scattered.

“Previously, there was a law that governed the High Council of the Judiciary, and then there was one that governed the management of the Supreme Court and several other different laws concerning the judiciary. But the new law now means that all the laws to do with the Judiciary and its functions are going to be combined in one and this make access to information even easier,” he said.

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