Lissu retains Singida East constituency

  Tundu Lissu, Singida East MP

 

The Court of Appeal of Tanzania, Dodoma Zone, yesterday declared Singida East MP Tundu Lissu the legitimate representative for the Constituency.

The Appeal Court reached the decision after dismissing a request filed by the prosecution side.

The prosecution led recently by Wasonga Advocates filed a notice of appeal to the Appeal Court, asking it to review the verdict issued by the High Court of Tanzania in Dodoma that favoured the opposition MP.

However, it later transpired that the two plaintiffs, who appeared at the High Court during the hearing, had sworn not to appeal against the ruling, prompting the prosecution side led by Wassonga Advocates to ask the Court of Appeal to dismiss the notice of appeal through a special request.

Yesterday, the Court of Appeal judges, Dodoma Zone, sat to decide on the withdrawal request, upholding the verdict issued by the High Court on April 27 last year.
That aside, the Court of Appeal ruled out that the two plaintiffs should pay all the costs incurred. The second plaintiff was ordered to pay the costs incurred of the Court of Appeal.

The two plaintiffs are Shaban Salema and Pascal Halu who in different periods had pulled out from continuing with the case.

The decision by the Court of Appeal was reached after the two plaintiffs pulled out from the case No 49/2013 that was being heard by a panel of three judges, led by Judge Angela Kileo, Salum Massati and Natalia Kimaro of the same court.

While ruling out the verdict Judge Kileo said the court has accepted the request to remove the appeal by section 4(a) and (d) of the court’s standing order of 2009.

“As per the order 4(a)(d) of the orders of the Court of Appeal of 2009, we have agreed the appeal be removed,” said Judge Kileo
Furthermore, he said alongside the verdict, the second plaintiff Pascal Halu will pay all the costs incurred by Court due to delays he caused to issue a notice at specified time, declining to continue with the case.

“The costs of conducting the case will be paid by the second plaintiff…at the High Court all costs will be paid by both of them as earlier ruled out by the High Court,” said Judge Kileo
Earlier, during the proceedings the two plaintiffs were represented by advocate Godfrey Wassonga, the Judge said the court couldn’t continue with the proceedings as the plaintiffs had pulled out on their own accord.

A legal matter emerged as to who would pay the costs. Legislator Tundu Lissu who represented himself in the defense wanted the court to rule out an advocate defending them to pay all the costs incurred.

Students' enrolment rate in Tanzania schools is high, says UN recent report

Amarakoon Bandara

A recent report on the New Global Partnership by the United Nations affirms that Tanzania has succeeded in students’ enrolment rate for both primary and secondary schools by 90 percent.

Summarizing the report in Dar es Salaam, last week an economic advisor with the United Nations Development Program (UNDP) Amarakoon Bandara said that Tanzania has succeeded in students’ enrolment despite that the quality of education in the country is extremely poor.

The observation was made at a regular end of Thursday week of every month by the UNDP office in collaboration with the UN Information centre (UNIC) to articulate recommendations of post-2015 development agenda.

The function was attended by students of Saint Joseph Cathedral and Saint Anthony within the perimeter of the city centre and close to UN offices, along with officials of several non-governmental organisations.

‘Fun Thursday’ is a monthly occasion organized with a view to inform youths of various developments geared by the United Nations under the theme ‘Bringing young people closer to the United Nations.’

The report that sets out what has been achieved so far by the international community from various areas indicates how each country signing for the Millennium Development Goals (MDGs) issued in 2000 had performed up to May this year.

Among the seven areas of the MDGs that Tanzania signed, it has done well in universal primary education whereby enrolment rate is much higher. However, poverty is still a big issue in the country which continues to haunt people especially rural dwellers, not changing since the database of 2001 was laid.

Illustrative statistics by the Ministry of Education show that as from 1961 to 2001 the number of primary school pupils increased nearly tenfold from 486,470 to 4,875,764 but for the period between 2001 and 2012 primary school pupils nearly doubled, rising by 97 percent from 4,875,764 to 8,247,472.

Secondary school students’ enrolment also increased from 11,832 during independence time (1961) to 289,699 in 2001 but the country experienced a sharp increase from 289,699 students in 2001 to 1,884,270 in 2012, with Primary Education Development Programme (PEDP) and the Secondary Education Development Programme (SEDP).

The two programmes saw the massive construction of ward secondary schools,, meant to provide a semblance of education permitting a more self-reliant youthful population, who are rudderless if they are just left aside after finishing primary school.

The new global partnership is a report compiled by the UN Secretary General’s high level panel of eminent persons on the Post-2015 Development agenda that charts out ways on how to eradicate poverty and transform economies through sustainable development.

The group members consisting of 27 persons across the globe were commissioned in July last year and started working on the development agenda beyond 2015 through thematic consultations organized by the UN system and member states in every region.

In Tanzania the exercise was conducted by UNDP in collaboration with the Economic and Social Research Foundation (ESRF) in both Tanzania Mainland and Zanzibar, focusing on the energy sector.

The two organizations handled the consultations with the help of civil society organizations (CSO) and contacted people to collect views which were carried forward as major agendas after expiry of MDGs set targets in 2015.

The ESRF found out that Tanzania needs abundant energy supply in order to propel national economic activities.

The outcome of the consultation indicated that the poverty stricken situation in the country was a mark of government failure to resolve the situation.

However, Bandara noted also that despite abundant supply of the natural resources in the country, Tanzania faces problems emanating largely from poor management systems.
He said that if the resources were well utilized, the level of poverty in the country would have been reduced to a certain extent and bring down the percentage than is the situation at present.

Deliberations of the panel raise a sense of optimism that 13 years since the start of the new millennium have seen the most rapid reduction in poverty in human history, with half a billion fewer people living below the international poverty line of $1.25 a day.

Children’s death rates have fallen by more than 30 percent with about three million children’s lives saved each year compared to year 2000. Deaths from malaria have fallen by one quarter globally.

This unprecedented progress has been driven by a combination of economic growth, better policies and the global commitment to the MDGs which set out an inspirational rallying cry for the whole world.

The post 2015 agenda of the MDGs is a universal agenda with a practical focus on things like poverty, hunger, water, sanitation, education and healthcare, driven by five big transformative shifts.

The latter were defined as leave no one behind, put sustainable development at the core and transform the economies for jobs and inclusive growth. Others are build peace and effective, open and accountable institutions for all and the last involves forging a new global partnership.

Summarizing the various agenda, Bandara noted that transformation aims at ending extreme poverty in all its forms in human history and ensure that every person achieves a basic standard of well being.

Developed countries have a special role to play, fostering new technologies and making rapid progress in reducing unsustainable consumption by mobilizing social, economic and environmental action together. These could eradicate poverty irreversibly and meet the aspirations of eight billion people in 2030, the UN official added.

Conservators have become poachers, pastoralists assert

 

A cross-section of Ngorongoro based pastoralists blame modern conservation as a key factor towards rising wildlife poaching in national parks and game reserves.

Speaking here yesterday pastoralists suggested the need for the government to work on the challenge, saying wildlife modern conservation techniques had failed to scale-down poaching.

“It is difficult to differentiate the poacher and the conservator,” a resident said, noting that local people have seen people who pretend to be conservators of the country’s wildlife resources, but they don’t do so.

“One day, I witnessed twelve carcasses of elephants killed in the conserved area. The situation is terrible. Ordinary people like me fail to understand what conservators do,” said James ole Palkani.

Palkani who lives close to the Serengeti National Park in Ololosokwan village in Loliondo described the situation as very serious that needs to be addressed.

“The Maasai have been living with wildlife for many years, without any problem, taking into account that we don’t eat wild meat. But since the introduction of so-called modern conservation techniques things have changed for the worse,” he said.

Another villager said wildlife conservators use sophisticated tools in their work, but the number of killed wildlife kept on increasing on a daily basis.

“It is so sad to see elephants being killed by people who have been commissioned to protect them,” he said.

“These modern conservation techniques are not for protecting but killing wild animals. As pastoralists, we are wondering why the government continues to use so called modern conservation techniques, which have failed to address the problem,” said Charles ole Ndagoya.

Ndagoya who head the Ngorongoro-based Paralegal and Human Rights Organization, suggested that the government comes up with a solution that would sufficiently address the challenge.

He said it was high time for the government and other stakeholders to go back to the use of traditional ways of addressing poaching which is posing a serious threat to elephants and other large mammals like rhinos.

Ndagoya also queried government action of giving land to supposed investors, who are hardly investing anything other than hunting wildlife in protected areas.

Citing examples, the activist said that in Loliondo there were a number of rhinos but none can be cited at present. “And this happens at at time when the government has given the mandate to conservators to protect the wildlife. But we are fully aware that wild animals are killed by people who have been commissioned to take care of the animals.”

H e said that in the good old days wild animals mingled with domesticated animals like cattle, and they didn’t fear a human being, but now it’s not the case. “We have created fear among wild animals…” he said, imploring the government to come up with a participatory approach.

The local people would be allowed and be part of the conservation team, the activist explained. “Let’s give room for local people to use the skills that they used all along to protect wildlife.”

It is estimated that Tanzania loses three elephants per day due to poaching, a disquieting trend that threatens to wipe out wildlife attractions within the current decade.

Netragen provider unfazed by TFDA banning order

Despite a ban imposed by the Food and Drugs Authority (TFDA), a traditional medicine product, Netragen is still being circulated across the country.

Two weeks ago, TFDA-Lake Zone Office banned the production, distribution and advertisement of Netragen drug after detecting violation of laws and regulations governing the drug sector on the part of the producer (Herboworx).

Impeccable sources said Herboworx Ltd based in Mwanza is still distributing Netragen, which is claimed to help persons with peptic ulcers, seeking the drug despite the banning order by TFDA-Lake Zone Branch.

Speaking on the phone yesterday, TFDA Information Officer, Gaudensia Simwanza said the TFDA head office is currently investigating those reports. “…we want to get the truth of the story before we take action,” she said.

She, however, noted that the ban imposed by the TFDA Zonal office on the production, distribution and advertisement of Netragen drug was still intact and must be respected by the manufacturer.

It was against the law for traditional medicinemen to distribute drugs to various centres, warning Herboworx against distributing Netragen drug to its centres located in Dodoma, Mbeya, Dar es Salaam, and Mwanza.

TFDA would deploy zonal officials to conduct inspections across the regions to see if Herboworx centres were still distributing the drug, “so that appropriate legal and disciplinary actions are taken against the culprits if we find that they disobeyed an order issued by the authority through its Lake zonal office.”

Herboworx station managers for Dodoma and Mwanza interviewed by Clouds FM last week said that the drugs were still on sale, and that distribution to needy patients was going on.

Announcing the ban two weeks ago, TFDA’s Lake Zonal Inspector Aggrey Muhabuki told a press conference that there was gross violation of laws and regulations governing the drugs sector on the part of Herboworx.

Speaking after an inspection at the company’s production sites and clinics, TFDA official said the entire chain of production, distribution and advertisement of Netragen and other traditional drugs of Herboworkx do not meet requirements as provided for in the Traditional Medicine Act and TFDA regulations.

TFDA’s scrutiny has revealed that Herboworx has no license and permit allowing it to provide services from authorities governing the drug sector—either TFDA or the Traditional Medicine Council.

Secondly, the company has been advertizing its products, which the zonal inspector said was wrong and contrary to the Traditional Medicine Act. The traditional medicine law allows a traditional doctor to personally administer drugs or herbs to patients, and not open distribution branches.

Even the production of Herboworx drugs were done in an environment which does not meet drug standards and safety.

“The production site is not clean. Packaging and labeling of their products does not meet the set quality and standards requirements,” she stated.

Speaking before TFDA statement, Herboworx operator Mwita Marwa said that Netragen drug was approved by the Government Chemist and that he had permits from the Traditional Medicine Unit of Ministry of Health and Social Welfare at Mwanza, claims which TFDA inspectors said were not true, insisting that he had no permit or license for the services.

“Because of these shortfalls, from today (two weeks ago), the authority bans production, distribution and advertisements of Herboworx products, until the company complies with laid down procedures, rules, laws and regulations governing the drug sector,” the zonal inspector had declared.

The authority also issued a warning to traditional doctors to abide by laws and regulations, failure of which stringent measures would be taken against them.

DPP appeals against verdict on DECI case

DPP Elieza Fereshi

The Director of Public Prosecutors (DPP) has submitted a notice of appeal against a judgment issued by Kisutu Resident Magistrate’s Court that the four directors of the Development for Entrepreneurship Cooperative Initiative (DECI) should pay a fine of 21m/- each or a six-year imprisonment.

As part of the verdict, the court also instructed the Bank of Tanzania (BoT) to collect all the money from DECI sources after the accused were found guilty of two offences including operating a financial institution without an appropriate license.

The accused who are pastors of Pentecostal churches are Jackson Mtares, Dominic Kigendi, Samuel Mtares and Timotheo Ole Loitingye. All the four accused deceived their followers who trusted them as religious leaders and swindled them out of millions.

On August 19 this year before Resident Magistrate Aloyce Katemana on behalf of Resident Magistrate Stuwart Sanga issued the verdict.

However the DPP was not satisfied with the ruling and submitted a notice of appeal against the verdict which didn’t show who is to refund DECI members.
However, in the judgment, the court acquitted Arbogast Francis, who was not found guilty.

During the judgment, Defence Advocate, Hudson Ndusyepo attempted to plead the cleric’s case seeking the court’s sympathy on account of his clients’ elderly ages. When that didn’t work, he claimed that there were numerous persons living off the accused and would suffer severely should the four be jailed.

But after the prosecution team, led by State Attorney Prosper Mwangamila presented 16 witnesses between July 17 and August 19, this year, the court was able to prove beyond reasonable doubts that the accused had committed the offence and were guilty as charged.

Mwangamila requested the court to confiscate assets that the accused have amassed in the past six years, noting that the priests had bought lands, buildings, vehicles and saved huge sums of money at the expense of their unsuspecting congregations.

Two of the accused remain in custody after having failed to meet the fine terms, while Timotheo Ole Loitingye and Mtares were set free after paying a fine of 21m/-.

An alert by the media helped give voice to the largely innocent public and to wake overly gullible government agencies from the sad fact that church elders were involved in a money scheme luring hundreds of thousands of unsuspecting citizens out of their hard earned money.

According to media reports, by May 14, 2009, at least half a million people had sunk billions of shillings into the scheme, some having borrowed from banks, rickety family budgets and savings and credit cooperative societies for the purpose.

However when the media was revealing the scheme, bishops from the 82 Pentecostal Church of Tanzania which represents several churches, called media reports ‘raging rumours driven by ignorance, ill-will and vendettas.’ 

Local contractors demand equality in tender awards

 Local contractors have expressed concern that the government has continued to skip them in tender awards, preferring foreign contractors instead who fail to complete projects in time.

The concern was expressed by Contractors Association of Tanzania (CATA) General Secretary Placid Ngiliule when talking to The Guardian during a one-day workshop on various 2013/14 tax laws changes organised by the Tanzania Revenue Authority (TRA).

He said the tendency of awarding tenders to foreign contractors is discouraging the locals.

He said it is a shame that 60 percent of the construction market is under foreign firms and only 40 percent is operated by local contractors.

“Not all local contractors lack professionalism or technological skills to engineer the projects that are entrusted to foreign firms,” he stressed, saying that they should be judged by their work.

Ngiliule argued that the government should prioritise local contractors in awarding tenders so as to empower them, something that will fast track national development.
According to Ngiliule, these foreign contractors make loads of profit but lots of it goes to their country (capital flight), something that denies the government a whole bunch of revenues.

“Local contractors are in a better position of increasing permanent employment opportunities and contribute a great deal in the country’s economy,” he reasoned.

Expounding on the employment issue, he said people who secure jobs with foreign contractors are normally on a temporal agreement because once the project is complete, they are left jobless.

He pointed that CATA is trying to build capacity among local contractors by helping them access capital that would help them purchase modern working equipment.

“There is a need to empower local contractors because many of them still look like small medium entrepreneurs due to lacking capital and tenders,” he said.

Elaborating on tax charged on local contractors, he noted that TRA cuts much money from them thus causing CATA to fail operating on its own.
He said there should be a limit on tax and other bills so that the association can remain strong.

Ngiliule also challenged the government to pay contractors in time and also award tenders jointly between foreigner contractors and the local ones to facilitate exchange of experience, technique and skills.

KOICA trains 800 local govt officials

In an effort to increase the understanding of local government leaders and improve service delivery, at least 800 Tanzanian government officials have received various training through the Korea International Cooperation Agency (KOICA).

According to a statement from KOICA, the 800 government officials received the trainings between 1991 and August, this year.

During the training, local administration management topic was given first priority so as to meet the Tanzania government’s demand of delivering proper services to its people through local authorities.

This year alone, about 15 officials from local government authorities participated in the course including a Human Resources Officer from Kinondoni Municipal Council.

Following the trainings they have been offering, KOICA and KOICA Alumni Association of Tanzania (KAAT) jointly held the 2013 KAAT Feedback Seminar on Local Administration Management in Dar es Salaam over the weekend.

The official development assistant in collaboration with Korean government through KOICA, has provided training to government officials of its partner countries.

The themes for the seminar were the ‘Human Resources Development for Improvement of Services delivery in the Local Administration System and Decentralisation by Devolution in Tanzania.’

Participants discussed a number of issues but they wanted to come up with the best knowledge and experience gained from Korea so as to raise the standards of service delivery.

The feedback seminar was held in order to stimulate participants coming back from that course to apply their lessons from Korea to their individual duties.