Scadal
Scadal
Scadal
Government Explanation
BAE Security Radar Scandal
1999
28 million
over-priced radar, which at the moment it cannot maintain. It came to be known later; more than
a third of the total purchasing price was paid to a middleman of British citizenship to secure the
contract. Also based on Interpol report, one government minister had siphoned more than 1m to
his bank account in Jersey, UK. After much international legal actions, BAE was ordered by
court to pay 30m to Tanzanian government.[1]
US$116 million
of about TSh133 billion ($116 million) made by the Bank of Tanzania to 22 companies in the
financial year 2005/06 involving the repayment of the countrys external debt.[2] After the
transactions became wildly known, the President sucked the Central Bank Governor and asked
"kindly" those who looted the national treasury to return the money. A few months later,
according to a government pronouncement, nearly half of the money (Tsh 60 billion) had
mysteriously found its way back into State coffers. The Attorney General and the Inspector
General of Police have refused to disclose the names, pleading for patience because the
investigation is still going on. So far, not all monies have been returned, and the government has
neither released the names of the culprits nor decided to take any legal actions against them. [3]
2006
In
2006 Tanzania faced a serious crisis in electricity supply and, as an emergency measure
Richmond was awarded a contract to supply generators to provide 100 megawatts at a cost of
TShs 172 billion. The generators failed to arrive on time and when they did they did not work as
required. The pipeline was never built and the generators were provided by another company.
Under part of the contract however the government agreed to pay some $137,000 a day
regardless of the amount of electricity provided. Opposition MPs began to smell a rat and the
House of Assembly set up a Select Committee to investigate the whole saga under the
chairmanship of the ruling CCM partys Kyela MP Dr Harrison Mwakyembe. The committee
worked diligently and eventually came up with a 165- page report. Parliamentary findings
showed the Prime Minister (Edward Lowasa) to be involved in awarding the contract to nonexisting US-based company, and the Prime Minister resigned. However, the Tanzanian
government had to keep the contract and keep paying a non-existing company US$137,000 a day
without any power being generated.[5]
Despite of the scandals, the president is enjoying honours from various institutions as detailed
below. My worry is are we taking this scandals to the next fifty years simply because the
goverment is a going concern entity? or we just leave them simply citizens do not ask and no one
to blem ( the whole sytem is corrupt).
For a week in November, the attention of Tanzanias political scene was diverted away from the
constitution and the 2015 elections and onto yet another energy sector corruption scandal the
IPTL Escrow case. The long-awaited report of the Controller and Auditor General (CAG) into
the case was presented to the Parliamentary Accounts Committee (PAC) which in turn reported
the key findings back to parliament.
That the report was presented at all was a triumph for parliamentary procedure and for a few
determined MPs, including the Speaker, Anna Makinda, who resisted reported attempts by the
judiciary, the Prime Minister and others to block the debate.
The scandal saw more than 116m taken from an escrow account at the Bank of Tanzania and
transferred to offshore accounts held by private businessmen and government officials, according
to Zitto Kabwe, the firebrand opposition (Chadema) MP and PAC chair. Kabwe presented the
report to parliament together with the PAC deputy chair, Deo Filikunjombe (CCM).
The escrow account was opened in 2006, following a disagreement over charges to be paid by
Tanesco, the national energy utility, to IPTL for emergency power generation. Tanesco was to
deposit money in the account until such a time as the disagreement over charges could be
resolved.
The ownership of IPTL has since changed hands, and a Tanzania-born Kenyan businessman,
Harbinder Singh Sethi, now claims to be the legitimate owner of the firm, and that the funds in
the escrow account were rightly his.
The case hinges principally on two issues: who is the rightful owner of IPTL, and did any or all
of the money in the escrow account belong to the government and/or Tanesco?
The Parliamentary Accounts Committee said that irregularities in the sale of IPTL to Sethis
company, Pan-African Power Solution (PAP) meant he was not the proper owner of the firm.
Citing the support of the Controller and Auditor General, the Director General of the Prevention
and Combatting of Corruption Bureau (PCCB) and the Commissioner of the Tanzania Revenue
Authority (TRA), the committee argued that most of (or all) the funds in the escrow account
were the rightful property of Tanesco.
Attorney General Frederick Werema, Minister of Energy and Minerals Professor Sospeter
Muhongo, Prime Minister Mizengo Pinda and later President Kikwete all disagreed, arguing that
Sethi was the owner of IPTL, and that the escrow account funds were his.
The case has already brought a heavy financial toll to Tanzania. In addition to the money
allegedly stolen from the public purse, the UK and eleven other international donors have
suspended $490m in general budget support for the current financial year, citing the slow pace of
investigations into the case. More recently, the Millennium Challenge Corporation, a US aid
agency, indicated that they were monitoring developments closely and warned that their decision
on a new funding agreement potentially several hundred million dollars would depend on the
Tanzanian government acting swiftly and decisively to combat corruption.
In presenting his committees report, Kabwe drew both shock and laughter as he explained that
the Director General of PCCB had confirmed that people had collected funds in cash from the
Mkombozi and Stanbic bank branches in plastic carrier bags, cardboard boxes, and sisal gunny
sacks. As much as Tshs 73.5bn ($45m) was reportedly withdrawn on a single day in January
2014.
In his response to the parliamentary debate and resolutions, delayed by his health condition,
President Kikwete spared the Minster of Energy and Minerals, Prof Muhongo, though parliament
had called for his sacking. Instead, the President said that he has formed a team to investigate the
Minister, and will make a decision once the team has reported back to him.
Prime Minister Pinda also survived when parliament revised the initial recommendation of the
PAC that he should step aside.
In December the scandal claimed two senior scalps. Attorney General Werema, resigned on 17
December, though he denied any wrongdoing and said he was stepping down because his legal
advice had been misunderstood. A few days later, President Kikwete sacked the Minster of
Lands, Housing and Human Development Anna Tibaijuka for accepting a $1m payment from a
Tanzanian businessman James Rugemalira, linked to the case.
Rugemalira had sold his 30% stake in IPTL to Sethi for $75m, and is alleged to have then
transferred significant money into accounts held by a long list of public figures, including $1m to
Mrs Tibaijuka. She does not deny receiving this amount, but claims that she was merely
channelling the money onwards to a school. Other reported beneficiaries of Rugemaliras
generosity were senior political figures such as former Attorney General and veteran of the BAEradar scandal, Andrew Chenge, two former Ministers of Energy and Minerals, William Ngeleja
and Daniel Yona, and board members and employees of Tanesco, the Tanzania Revenue
Authority, the Tanzania Investment Centre (TIC) and the Registration, Insolvency and
Trusteeship Agency (RITA), as well as two judges and two bishops.
The political impact of the scandal, particularly in terms of the forthcoming elections may be
significant. Pinda, a leading candidate for the CCM presidential nomination, has been weakened
in the public eye. Anna Tibaijuka is no longer a viable candidate. The Speaker, Anna Makinda,
an outside possibility for the nomination, surprised many with her strong handling of the affair
standing up to powerful figures, protecting parliamentary independence, and chairing heated
discussions with considerable dexterity.
Other leading potential CCM candidates for the presidency did their best to stay out of the fray.
Edward Lowassa and Bernard Membe were notably quiet, in public at least, and January
Makamba spoke only in general terms that corruption should not be tolerated.
Though Chadema (aside from their renegade member, Zitto Kabwe,) was late to exploit the case,
the party is likely to pick up some votes from the affair, simply because it makes CCM look bad.
Beyond the presidential race, several MPs reputations were enhanced. David Kafulila (NCCRMageuzi) earned plaudits for his long-standing campaign to bring this case to public attention.
Zitto Kabwes forensic skill and determined handling of the PAC has been noted, and there are
signs of a possible thawing of his previously frosty relations with his Chadema party leaders.
Deputy PAC chair Deo Filikunjombe (CCM), was visibly nervous in presenting the report, and
spoke later of his discomfort in calling for the resignation of a Prime Minister who was seated
just a few feet away. Though his public reputation has been enhanced, he has lost popularity with
some senior party figures, and may therefore face a difficult re-selection process in his Ludewa
constituency.
Anti-corruption investigators continue to look into the case, and promise prosecutions where
appropriate. Despite the pressure being exerted by donors, this may or may not happen. Though
two senior government figures have lost their jobs, the suspicion remains that many others
including senior figures within State House have got off lightly.
In November the Executive Director of Tanzania Legal and Human Rights Centre Dr Hellen
Kijo-Bisimba said President Kikwete failed to take a bold decision on the scandal and in turn
acted like an advocate of Pan African Power Solution. Even Zitto Kabwe showed little appetite
to take the matter further. As Parliament we passed the resolutions by consensus, patriotism and
avoiding being unfair to anyone. Parliament did its work .and Im leaving this matter to
wananchi, they will make their own judgement, he said.
The leader of opposition and chairperson of Chadema Mr Freeman Mbowe said by failing to
sack the architects of the scandal the President showed the country that he is part of the wider
corruption problem. Anna Tibaijuka was but a branch of the scandal, so she was used as a
scapegoat, while [those who] orchestrated the whole thing are yet to be touched, he said.
A political science professor from Ruaha University College, Gaudence Mpangala, said the
President did not arrive at decisions that were awaited by many in the country. By saying that
the escrow monies belong to IPTL, the President blew the whole thing away and that is very
wrong, he said.
Name Issued
2008*
2004
2004
2004
2005
IFRS 11
Joint Arrangements
IFRS 12
IFRS 13
IFRS 14
IFRS 15
2011
2011
2011
IAS 2 Inventories
2011
2014
Withdrawn in 1999
IAS 5 Information to Be Disclosed in Financial Statements
1992
2003
1993
1997
2003*
1993*
1998
2011*
1998*
2007*
2009*
1987
1983
Superseded by IFRS 10, IFRS 12 and IAS 27 (2011) effective 1 January 2013
2003
2003
1989
IAS 30 Disclosures in the Financial Statements of Banks and Similar Financial Institutions
1990
2003*
2003*
1998
1998
2004*
2003*
2001
IFRIC Interpretations#
Name Issued
IFRIC 1
IFRIC 2
IFRIC 3
Emission Rights
IFRIC 4
2004
IFRIC 5
Scope of IFRS 2
IFRIC 10
IFRIC 11
IFRIC 13
2006
2006
2007
2008
IFRIC 16
IFRIC 17
IFRIC 18
2009
IFRIC 19
IFRIC 20
IFRIC 21
Levies 2013
Superseded
1997
Superseded
1997
Superseded
1997
Superseded
1998
Superseded
1998
1998
Superseded
1998
Superseded
1998
1998
Superseded
1998
1998
Superseded by IFRS 11 and IFRS 12, effective for annual periods beginning on or after 1
January 2013 1998
SIC-14 Property, Plant and Equipment Compensation for the Impairment or Loss of Items
Superseded
1998
1999
Superseded
1999
Superseded
2000
Superseded
2000
SIC-19 Reporting Currency Measurement and Presentation of Financial Statements under IAS
21 and IAS 29
Superseded
2000
Superseded
2000
Superseded by, and incorporated into, IAS 12 by amendments made by Deferred Tax: Recovery
of Underlying Assets, effective for annual periods beginning on or after 1 January 2012
2000
SIC-22 Business Combinations Subsequent Adjustment of Fair Values and Goodwill Initially
Reported
Superseded
2000
Superseded
2000
SIC-24 Earnings Per Share Financial Instruments and Other Contracts that May Be Settled in
Shares
Superseded
2000
SIC-25 Income Taxes Changes in the Tax Status of an Enterprise or its Shareholders
SIC-27 Evaluating the Substance of Transactions in the Legal Form of a Lease
2000
SIC-28 Business Combinations 'Date of Exchange' and Fair Value of Equity Instruments
2000
Superseded
2001
2001
Superseded
2001
2001
2001
SIC-33 Consolidation and Equity Method Potential Voting Rights and Allocation of Ownership
Interests
Superseded
2001
2010
2002*
Note
The above tables list the most recent version (or versions if a pronouncement has not yet been
superseded) of each pronouncement and the date that revisions was originally issued. Where a
pronouncement has been reissued with the same or a different name, the date indicated in the
above tables is the date the revised pronouncement was reissued (these are indicated with an
asterisk (*) in the tables). The majority of the pronouncements have also been amended through
IASB or IFRS Interpretations Committee projects, for consequential amendments arising on the
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each pronouncement has a full history of the pronouncement, its development, amendments and
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