Tanzanian Investment Centre fails to uphold law

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By Linda Levy U.K. Freelance Journalist

In August 2010 the head of the Tanzanian Investment Centre Emmanuel Ole Naiko met with the British High Commissioner to Tanzania to discuss the now infamous Silverdale Farm Case.

Minister of Works Dr John Magufuli (Former Minister of Lands) “Told there was no reason why the lease should not be registered”

In 2004 Benjamin Mengi sold the lease to Silverdale and Mbono Farms to British investors Stewart Middleton and Sarah Hermitage. The Right of Occupancy to the farms is held by the Kyeri, Shari and Uswa Mamba co-operative societies who gave their written permission for the sale (which under the terms of the lease agreement was not required) and accepted rent from the investors after the sale had taken place. Benjamin Mengi issued a receipt for the monies paid to him which was witnessed by Moshi advocate Peter Jonathan and the then manager of Stanbic Bank Moshi.

One year after the assignment Mengi demanded the lease back stating he had not been paid in full. When the investors refused, Mengi stated he would drive them out of Tanzania by any means; “cut to pieces in a coffin, if necessary”.  A four-year campaign of violence and harassment was then unleashed against them facilitated by the police and judiciary and involving a plethora of State institutions. This included:-

The refusal of the authorities to register the lease or recognise the Deed of Assignment;The destruction of commercial contracts;Violence to, and the imprisonment of, key operational staff; andThe constant arrest, and ultimate imprisonment, of Mr. Middleton and his staff on trumped-up charges.

Mengi told the investors he would open case after case against them in the courts to destroy them financially and damage their reputation. One such case was an application to the District Housing and Lands Tribunal to declare the sale of the lease null and void and evict the investors from the farms. In 2006 The Moshi High Court (lands Division: Hon. Kileo) dismissed this application on appeal. Mengi made a further application to the High Court to remove the investors from the farms which has not yet been heard.

In the meantime, Mengi has unilaterally declared the sale of the lease to the investors null and void, a position now being supported by the Government of Tanzania.

Minister for Industries and Trade, Dr. Juma Ngasongwa (R) (Former Minister of Investment, Empowerment and Planning) “Despite Mengi’s attempt to be clever, it is clear that the lease should be registered”

In 2010 Moshi advocate Apollo Maruma representing the Co-operative Societies made an application to the Moshi High Court to foreclose on the lease agreement between themselves and Benjamin Mengi (which no longer exists) ignoring the fact that the lease had been sold to the investors and there is a caveat of non-dealing on the lease. The Tanzanian judiciary is upholding this clearly corrupt position and a bizarre situation now exists. The Moshi courts are entertaining an application from Mengi in one court where he admits the sale of the lease to the investors and is asking the court to set the sale aside and the same court, is hearing applications from the Co-operative Societies in respect of their former relationship of contractual Privity with Mengi, a situation which is clearly indefensible.

At the meeting with British High Commissioner Diana Corner to discuss the issue, Ole Naiko sets forth yet another bizarre legal doctrine. He states, that the Silverdale Farm case could only be resolved if Mengi’s claim against the investors was taken out of court. If this was done he states the investors could refer the issue to the Investors Complaints Bureau. Ole Naiko again is failing to respect the laws of Tanzania in respect of the sale of the lease.

The British investors were registered with the Tanzanian Investment Centre but were not issued with a Certificate of Incentive due to the fact Mr. Ole Naiko states; the lease to the farms was not registered.

When Mengi sold the lease to the investors their advocate Peter Jonathan told them he had checked at the Land registry and Mengi’s lease from the Kyeri, Shari and Uswa Mamba Co-operative Societies was properly registered. He lied, it was not. The investors had an absolute right to rely on information provided by a properly admitted advocate in Tanzania

However, whether or not the lease was registered did not affect the validity of the tenure. A lease agreement is simply a mutual agreement between parties. Registration is a measure that facilitates ‘dealings’ with land being a mirror of its ownership since registration. Want of registration of the lease, simply reduces the status of the holding from Legal to Equitable, a perfectly acceptable holding capable of registration under Tanzanian law. The downside is, it is a less secure tenure and banks tend not to loan on Equitable estates. Lack of registration therefore frustrates investment, progress and sustainable development. In countries that respect the rule of law, an Equitable estate in land is a safe estate.

Former TIC Executive Director, Emmanuel Ole Naiko “This case cannot be resolved until Mengi’s land case is withdrawn”

Indeed it was incumbent upon the Tanzanian government to register the lease and incumbent upon the Tanzanian Investment Centre to assist with that registration. Both administrations have failed to comply with their legal obligations. Mr. Ole Naiko is either not aware of the laws of Tanzania or, is deliberately obfuscating the facts of the Silverdale Farm case. There can be no other explanation as his statements do not accord with the laws of Tanzania.

Dr Juma Ngasongwa, former Minister of Investment, Empowerment and Planning wrote to the former Minister of Lands Magafuli asking him to impress upon the Commissioner of Lands the need to proceed with registration of the lease. A copy of this letter was sent to the then Prime Minister Edward Lowassa. Ngasongwa stated “it was clear that the lease should be registered-even the papers Mengi had given him-despite Mengi’s attempts to be clever, showed no reason why the lease should not be registered.” Former Minister of Justice Dr Mary Nagu ironically, now Minister of Investment stated she wished the Silverdale Farm case to be resolved “in a manner that protected the Mengi name” as opposed to seemingly, in accordance with the rule of Tanzanian law.

The Tanzanian government and corrupt parties involved in this case can go around and around in circles in their attempts to obfuscate the facts of this case but, it will always come back to the same legal position.Until such time as a Tanzanian court declares the sale of the lease to the farms from Mengi to the investors as unlawful, it is incumbent upon the Tanzanian government and particularly the Tanzanian Investment Centre to uphold the laws of Tanzania in respect of the sale of the lease.

The fact that they have not is an indictment on Tanzanian’s investment policy and undermines the trust of the investment community in Tanzania as a defender of legal rights and a safe place in which to invest.

UNICEF launches $1.28 bn appeal fund

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GENEVA  (AFP) – UNICEF on Friday launched an appeal for $1.28 billion (947 million euros) this year, with a third of the cash needed to help children in the drought-stricken Horn of Africa, the agency said.

The UN children’s fund said it was seeking nine percent less than in 2011, linked to lower needs in Pakistan and Haiti, but that its needs for fighting hunger had jumped by nearly 50 percent.

The East Africa and Southern Africa regions show the largest increase in funding needs, mainly due to the humanitarian crisis in the Horn of Africa.

In 2012 UNICEF expects to help about 97 million people in 25 countries and territories, it said.

“The list of countries includes many long standing or so-called ‘silent’ emergencies, but the crisis in Somalia and in other countries in the Horn of Africa accounts for nearly one-third of the total amount,” a UNICEF report said.

The Horn of Africa countries are Djibouti, Ethiopia, Kenya and Somalia.

The second highest funding priority is the Democratic Republic of Congo, representing 11 percent of the total, while the amount sought for Sudan makes up eight percent, with Pakistan at seven percent.

“Although the distribution of funding required between the various sectors has been fairly constant over the last five years,” the needs for nutrition in 2012 are up 47 percent and “now represent 30 percent of all of these needs compared to 19 percent in 2011,” said the organisation.

UNICEF spokesman Patrick McCormick attributed the increase to “the situation in Somalia and the Sahel,” a zone that stretches across Africa with the Sahara Desert to its north.

Drought and famine afflicted that area in 2011.

The organisation said that in countries such as Chad, Niger and Mauritania, more than one million children were at risk of severe malnutrition, far from the public eye.

“While much of the world’s attention focuses on the humanitarian needs in the Horn of Africa, we must not forget those in the many long-standing emergencies around the globe, the silent emergencies,” said Rima Salah, UNICEF deputy executive director, at a press briefing.

The agency highlighted the need for assistance in newly-created South Sudan where up to 80 percent of the population lives on under two dollars a day.

“South Sudan is a country with one of the lowest levels of human development indicators,” said UNICEF director of South Sudan Yasmin Ali Haque.

“It has 12 trained midwives for 400,000 births that take place every year.”

Women and children there are impacted by early marriage, abductions and the consequences of violence, where communities have limited access to water, Haque said.

“In 2011, we had 347,000 people who had been displaced due to one form of crisis or another.

AFP

Rihanna to Produce U.K. Fashion Competition Show

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Rihanna attends a Los Angeles Lakers-Memphis Grizzlies game. Noel Vasquez/Getty Images

Rihanna has signed on to be the executive producer of a new fashion competition show being developed for British television. The show, which does not yet have a title, is set to debut on the Sky Living channel in Britain. It will be hosted by Girls Aloud singer Nicola Roberts and include appearances by Rihanna herself, though it is unclear how frequently the pop star will be on the show.

“I’ve always had a great love of fashion. It’s a constant source of inspiration in my life, and is a big reason why I’ve grown into the person and artist I am today,” the singer said in a statement on Sky Living’s website. “I have been very fortunate to work with some truly amazing designers and stylists throughout my career, and they have been instrumental in making sure my creative vision reaches the stage. I am excited to follow the journey of our aspiring contestants and see how their individuality influences their efforts during the course of the show.”

The show, which will presumably bear some resemblance to Project Runwayin terms of format, will culminate with a final challenge in which the remaining designers must create a unique stage outfit for Rihanna’s performance at the Wireless festival in Hyde Park, England, in July.

Adele Makes Billboard History After ‘Set Fire To The Rain’ Tops US Chart

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Adele. Photo by Andrew Yee

The ’21′ singer’s second album has enabled her to make history after dethroning Rihanna on the Billboard Hot 100.

Adele has become the first artist in history to lead the Billboard 200 album chart at the same time as having three singles chart at number one.

The British singer’s second album ’21′ is currently spending its 17th non-consecutive week at the top of the chart, while new single ‘Set Fire To The Rain’ has now overtaken Rihanna’s ‘We Found Love’ to lead the Billboard Hot 100 Singles.

The charting makes Adele the only solo artist ever to have a number one album concurrently with three chart-topping singles, following the success of both ‘Rolling In The Deep’ and ‘Someone Like You’ in 2011.

Usher was the last artist to achieve a similar feat when his 2004 ‘Confessions’ album sat at number one on the Billboard 200 at the same time as tracks ‘Yeah’ and ‘Burn’ were at the top of the singles chart.

Adele is currently preparing to make her live return at next month’s BRIT Awards 2012 following months of time off to recover from surgery on her vocal chords.

Source Capital FM

Car bomb attack near funeral in Baghdad kills 32 people

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A suicide car bomber has killed at least 32 people and injured about 60 in a predominantly Shia Muslim district of the Iraqi capital Baghdad.

The bomb went off in a market place as a funeral procession was passing in the city’s Zafaraniya district.

The aftermath of the explosion

A security official told Reuters the bomber had initially attempted to attack a police station.

Attacks in Iraq have risen since US troops left last month, with 16 people killed in attacks on Thursday.

‘Taxi bomber’

The suicide attacker struck as mourners escorted by police cars were transporting the body of a man shot a day earlier for burial, police said.

“It was a huge explosion,” Salam Hussein, a 42-year-old grocery store owner, was quoted as saying by the Associated Press news agency.

One of Mr Hussein’s employees was hurt and, as he took him to hospital, he saw cars engulfed in flames.

Where the bomber’s car had exploded, he saw “human flesh scattered around and several mutilated bodies in a pool of blood”.

A policeman at the scene, uninjured but covered in dust from the blast, told AFP: “The suicide bomber targeted the funeral procession.

“They were following a tradition that you carry the bodies of the dead from the hospital for a short while before transporting them in a car.

“At that moment, the suicide bomber attacked.”

Ayman Rabiyah, an employee of the Baghdad municipality, said: “I saw a yellow taxi going in the direction of the funeral procession, and then it exploded.

“The funeral corpses went flying into the air. I carried the dead body of a young girl, and the corpse of a man whose head had been blown off, to the hospital.”

Helicopters hovered as security forces cordoned off the site of the explosion, while distraught witnesses screamed in anguish, AFP reports.

Outside the hospital, groups of men called out names, searching for missing relatives.

Inside, people crowded around medics to ask about their loved ones.

One nurse quoted by AFP said simply: “I cannot tell you anything – there are only arms and legs, we do not know who they belong to.”

Thirteen people were also killed in bomb attacks on Thursday.

Two brothers – both policemen – and at least eight of their relatives were reported to have been killed after insurgents bombed a house in Musayyib in the south of Baghdad.

Three people were also killed in Kirkuk in a separate bomb attack.

BBC

Costa Concordia company offers passengers compensation

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The Italian company that owns the capsized cruise ship Costa Concordia has offered passengers 11,000 euros (£9,000; $14,000) each in compensation.

The deal comes after negotiations between the company, Costa Cruises, and several Italian consumer groups.

Sixteen people are known to have died in the disaster

The company also promised to refund medical and transport expenses, as well as the cost of the cruise.

One consumer group, Codacons, has urged passengers not to accept the offer, Reuters news agency reports.

Codacons and two US law firms are filing a class-action lawsuit in the US suit against Costa Cruises, demanding at least $160,000 (£105,000) for each passenger on the ship. Costa Cruises is owned by the US-based Carnival Group.

Mitchell Proner, a lawyer with one of the firms filing the lawsuit, told the BBC last week that it was being brought on behalf of 110 claimants.

A crew member from the Costa Concordia has also brought a lawsuit against Costa Cruises in the US state of Illinois, Reuters reports.

In court documents, Gary Lobaton says he was not aware of the “dangerous conditions” the ship was in until it was too late to abandon ship.

Hopes for dealThe deal will not cover those passengers who lost loved ones or who were injured.

“This deal concerns some 3,000 passengers from 60 countries, including some 900 Italians,” Adoc, one of the consumer groups that negotiated the agreement, said in a statement, AFP reports.

“We think around 85% of them will agree to this deal,” it added.

On Tuesday another body was found inside the wreck of the Costa Concordia, bringing the death toll to 16. At least 16 others are missing.

The ship ran aground off the Tuscan island of Giglio on 13 January with more than 4,200 people on board.

Costa Cruises has blamed Capt Francesco Schettino for committing “grave errors of judgement” by steering the ship too close to Giglio on an “unauthorised manoeuvre”.

Capt Schettino is currently under house arrest on suspicion of manslaughter, which he denies.

BBC

UN atomic agency urges Iran to cooperate

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International Atomic Energy Agency (IAEA) Director General Yukiya Amano REUTERS/Herwig Prammer

DAVOS, Switzerland (AFP) – The head of the UN’s atomic watchdog urged Iran Friday to engage constructively with a team of inspectors heading to Tehran, after a damning report on Iran’s nuclear programme.

Speaking on the sidelines of the Davos forum, International Atomic Energy Agency chief Yukiya Amano told AFP that the organisation’s previous efforts to verify whether all its activities were for non-military purposes had been hampered by “a lack of cooperation” from Iran which he hoped would change.

“We hope they (Iran) will take a constructive approach. We hope that there will be substantial cooperation.”

A report by the IAEA in November highlighted a range of areas which had raised suspicions that Iran was pursuing nuclear weapons, despite its repeated denials.

It detailed 12 suspicious areas such as testing explosives in a steel container at a military base and studies on Shahab-3 ballistic missile warheads.

Amano said it was too early to say definitively that Iran was pursuing a nuclear weapons programme.

But he added: “We have information that indicates that Iran has engaged in activities relevant to the development of a nuclear explosive device.”

“We are requesting that Iran clarifies the situation. We proposed to make a mission and they agreed to accept the mission.

“The preparations have gone well but we need to see what actually happens when the mission arrives.”

Officials at the IAEA headquarters in Vienna said the team, led by chief inspector Herman Nackaerts, would be visiting Iran from Sunday to Tuesday.

Speaking to reporters earlier, UN chief Ban Ki-moon said that the onus was on Iran to prove its good intentions.

“There is no other alternative to addressing this crisis than peaceful resolution through dialogue,” Ban said in Davos.

Iran’s President Mahmoud Ahmadinejad has insisted that Tehran is not dodging negotiations and was ready to sit down with world powers — Britain China, France, Russia, the United States, and Germany for talks.

The six world powers are waiting for Tehran to reply to an October letter sent by EU foreign policy chief Catherine Ashton that stresses that discussions should focus on the “key question” of the Iranian nuclear issue.

Previous talks held a year ago in Istanbul ended without progress.

“Iran should comply with the relevant Security Council resolutions. They have to prove themselves, that their nuclear development programme is genuinely for peaceful purposes which they have not done yet,” Ban said.

AFP

Fashion 101 “girl” writes for The Weekend Finder

News Ghana
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Weeks after making a colossal entry into Ghana’s growing fashion industry to rave reviews and approval, Fashion 101 hostess Sandra Ankobiah has moved her trade a notch higher.

The witty host of the 30-minute program on TV3 will from Saturday January 28, 2012, contribute a weekly column on fashion in The Weekend Finder, a spin-off title of The Finder, currently one of Ghana’s biggest and most-read newspapers.

From celebrity style, sustainable fashion, trend reports, highlights on Ghanaian designers, fashion tips and advice, Sandra will have all fashion bases covered as her column Fashion 101 Diary takes readers through weeks of exciting write ups.

“It is an exciting opportunity for me to contribute to The Weekend Finder. It is going to be a wonderful experience.

“Fashion 101 Diary is going to be fun and educative, and I also hope to impact positively on readers with the knowledge we will be sharing every week. It is going to be a wonderful ride”.

Launched few months ago and currently a recognizable publication in Ghana’s media circles, The Finder is gradually becoming a preferred title for most readers.

The weekend edition, which hits the newsstands this Saturday, comes at a time when the parent paper is doing so well.

It is published by Marble Communications, which is owned by former Graphic Communications Group MD, Mohammed Awal.

The Weekend Finder is edited by Benjamin Konadu Arthur, formerly of the Heritage Newspaper.

bY: Obed Boafo

Djokovic outlasts Murray

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Defending champion Novak Djokovic defeated Andy Murray 6-3, 3-6, 6-7, 6-1, 7-5 to reach the final of the Australian Open on Friday. – PHOTO: AP

Andy Murray’s Australian Open challenge ended in a five-set semi-final defeat to defending champion Novak Djokovic.

World number one Djokovic prevailed 6-3 3-6 6-7 (4/7) 6-1 7-5 in four hours and 50 minutes to set up a title showdown with second-ranked Rafael Nadal on Sunday.

In a repeat of last year’s final, Djokovic once again got the better of his British opponent, although on this occasion he was made to work much harder than his straight-sets success on that occasion.

Murray recovered from the loss of the opener to win the next two sets and, later on in the decider, broke Djokovic to love when the Serb served for the match at 5-3.

But Djokovic had the final say, saving three break points before holding for 6-5 and then closing out the result by breaking world number four Murray in the next.

Djokovic claimed the opening set 6-3 in 47 minutes, an early exchange of breaks followed by the Serb making the decisive move in the sixth game.

Murray tamely fell 0-40 down on his own delivery and Djokovic took full advantage before going on to serve out the set without alarm.

And things looked bleak for Murray after he dropped serve in the opening game of the second set and Djokovic followed up with a hold for 2-0.

But Murray saved a break point in the next game, an escape that turned his aggression levels up a notch and started a run of four straight games.

Djokovic’s serve was by now badly misfiring, he was broken three times in a row to surrender the second set 6-3 and, as had been the case in his quarter-final win over David Ferrer, appeared to be in some physical discomfort between points.

Djokovic staved off five break points in the opening game of the third set but there was no reprieve when Murray threatened again at 1-1, some hard-hitting from the baseline presenting him with the chance to finish the game with a smash which he converted with ease.

Once again, though, Murray promptly tossed his advantage away. From 15-15, he served a double fault and followed it up with a loose forehand and a long backhand as the set moved back on serve.

Murray had his chances in the next game only for Djokovic to hold for 3-2 and finally display some positive body language with a clenched fist and a loud roar to the crowd. Two routine holds followed before Murray found himself under threat when serving at 3-4.

Djokovic moved out to a 0-30 lead but Murray regained his composure and some wonderful hitting from the back of the court saw him avert danger.

Murray again escaped when serving at 4-5 down, saving the first of three set points with an ace, the second with a crushing forehand winner and the third with a drop shot-clipped backhand combination.

Sensing he had got out of jail, Murray struck for 6-5, bringing up his second break-point chance after some outstanding defence.

But he followed up with a string of errors to allow Djokovic to level for a tie-break, only for Murray to play a solid breaker to win it 7-4 and edge two sets to one ahead.

Djokovic was not going to give up his title without a fight, though, and took the match all the way by dominating the fourth set 6-1 in 25 minutes, Murray’s footwork having gone AWOL.

Murray twice battled to hold at the start of the final set but could not do so for a third time, Djokovic breaking through for a 4-2 lead before a hold for each man left the Serb serving for the match.

He did not manage to win even a point, Murray breaking back to love to reduce his deficit to 5-4 and then holding with ease to leave us all square once again as the match approached the five-hour mark.

Murray had three break points in the 11th game, Djokovic shutting the door on each occasion.

And then Djokovic seized his chance to seal victory with a break in the next game, ensuring Murray’s wait for a maiden grand slam title continues.

Source SkySports

Maize Prices Drop In Kenya’s Main Grain Basket

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KITALE, Kenya, (Xinhua) — Maize prices in Kenya’s Rift Valley, the country’s main grain basket has dropped drastically after the National Cereals and Produce Board (NCPB) suspended purchasing the crop from farmers due to lack of funds.

Middlemen have taken advantage of the suspension by the State grain reserve agency to offer poor price. Local farmers said they are irked by plans by the government to import 67,500 tons of maize in the next six months.

“The government is not realistic. We are stranded to sell our crop for better prices after it failed to allocate more money to NCPB. We feel neglected and vulnerable to middlemen,” protested Barnabas Simiyu, a farmer in Saboti, West of Kitale.

The prices have dropped to 23 U.S. dollars for a 90 kilos bag from the previous 34 dollars with grain dealers buying the crop below 20 dollars.

NCPB wound up its operation after it drained 23 million dollars disbursed from the government towards maize purchase. The board chief executive Dr Gideon Misoi said on Wednesday the agency has stocked 600,000 bags of maize from last year’s harvest.

“We have already purchased 0.6 million bags and we expect more money from the government to add more stocks,” Misoi told Xinhua in Kitale, west of the east African nation.

Private grain millers in Kitale, Moi’s Bridge and Eldoret towns are reluctant to buy the crop to lure price drop.

Kenya National Federation of Agricultural Producers (KNEFAP), a farmer’s watchdog accused the government of ignoring the plight of farmers and exposing them to exploitation by middlemen.

“This is a serious mess in the government system. Grain dealers have now taken advantage to exploit farmers. We want the state agency to resume purchasing the maize from farmers,” said organization’s Trans-Nzoia Secretary Tom Nyagechaga.

The organization termed as unfair and uncalled for the government to sanction imports instead of providing local farmers incentives to boast production.

The ministry of agriculture said it plans to import 750,000, 90- kg bags of maize from regional and international markets to bolster suppliers, a move likely to weaken the shilling further. The ministry said the national maize stock as at December 31, 2011 stood at 18.7 million bags from 16.6 million the previous month.

The ministry argues that the surplus is expected to ease pressure on the prices of the main staple food, handling relief to East Africa’s biggest economy where rising food, fuel and electricity prices are posing pressure to consumers.

The county last June withdraw import duty on maize and wheat to accelerate inflow from Kenya’s neighboring countries.

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