Sunday, July 5, 2015

Benard Membe return Form The Presidency ...... DENIES involvement and corruption of billions of Libya


Minister of Foreign Affairs and International Cooperation, Mr. Bernard Membe, yesterday has returned the form to apply for appointment to the Executive so that he could be a presidential candidate in the General Election, October 25, this year, for the party's ticket.
Apart from restoring the same form in the Executive Office, Urban Dodoma, Mr. Membe had the opportunity to discuss the reports of rumors against him that he is responsible for the corruption of billions of Libya and underline the rumor that spread to his fellow politicians do not have credibility.
He said politicians who spread such rumors, they know the truth of the matter but deliberately want to make Tanzanian society iuamini to accept where she is ready to resign his position ikibainika has involved taking even one dollar.
He added that there is any corruption involved with US $ 20 million as speculation reports zinavyodai the case has been the definition issue with its process goes.
Mr. Membe said, Libya is among the donor countries of Tanzania like other donors which has provided grants and concessional loans to the Government of Tanzania.
He said the government has been undertaking the procedures for paying the debts of donor countries in different ways, including a switch to debt and incorporate into projects ie 'Dept Swap'.
He stressed that, in the same order, on July 20.2005, the Government of Tanzania and Libya zilitiliana signed a contract to convert the debt (Dept Swap Agreement) where the set procedure of financing expenditures and debt repayment Libya.
He added that, on March 4.2009, the Government of Libya and Tanzania zilitiliana signed a supplementary agreement which, among other things, was talking about the use of US $ 20 million were reserved in the accounts of Libya No. 004-200-0002216-01, Investment Bank (TIB).
Mr. Membe said that additions to the contract, expressly stated in Article No. 4:02, that the money available in the account mentioned, the investor zikopeshwe yemteua themselves Weis Industries Company Limited in order to implement the project for the construction of a cement factory, Lindi Region.
The loan was to be paid within six years and thereafter, the funds borrowed Tanzanians continue zirejeshwe and other projects for which the Government of Libya and Tanzania will be ratified.
He said before there ijatia Libyan government signed an additional contract was zikopeshwe want money for the company, a feasibility study of a project was carried out by the Government of Libya through its agencies and they fully satisfied about the quality of the project.
He explained that the Government of Libya through its Embassy in the country, continued to insist in writing that the Government of Tanzania iharakishe process zikopeshwe enable these funds to the investor were yemteua to the project should not proceed too late and the money that will be restored will continue to benefit the people.
"In implementing these agreements ie Dept Swap Agreement with Addendum Dept Swap Agreement also due to the importance that the Government of Libya iliuonesha, the Government of Tanzania through its expertise to the Ministry of Finance, TIB, the Office of the Attorney General and the Investor (the company's EIS), met under the supervision of the Ministry of Finance to prepare terms of reference.
"Terms such resulted in intended to appeal to the Investment Agreement between the Government of Tanzania, TIB, the Government of Libya and the investor where the Government of Tanzania, TIB and Investor, have signed the treaty and take Libya to their Government be able to sign," he said.
Mr. Membe said, because that does zikufahamika, did not include the Government of Libya signed the agreement after long track investor without success, he wrote a letter to the Attorney General of Tanzania with No. PC / EIS / AG / 2/10, September Saturday, 2010 stating the intention of the Government of Libya to take the court for his act of signing the agreement.
He said the September 13.2010, the investor had filed a civil suit in the High Court of Tanzania No. 124/2010 against the Government of Libya, begging the Supreme Court provide a declaration that the act of the Government of Libya to refuse to sign the agreement was not a right.
The company also petitioned the Court to order that the money should be provided to the investor so that he could perform the intended project where court records show calls (summons), was sent to the Embassy of Libya but there was no response nor a representative who went to court.
"Supreme Court to follow its procedures, continued hearing and ordered the release of these funds to the investor should be able to implement a project ... TIB Bank and the Office of the Attorney General made efforts to resist such order or get more clarity on implementation her.
"However, the Supreme Court with the Court of Appeal at different times, shared responsibility for these applications ... TIB opened No. 126/2010 application asking the Supreme Court to cancel the execution of block orders of the Supreme Court and the application across the board was the decision last November 7.2011 for the removal of the court, "he said.
Mr. Membe added that, according to the Court of Appeal, said these requests were not have followed legal procedures where the Attorney General, and sent a prayer Court of Appeals No. 146/2010 begging Court to cancel the proceedings and orders of the Supreme Court.
He said Attorney General also sent a second application No. 147/2010 ikiiomba Court of Appeals alone implementation of orders of the Supreme Court where all applications yalisikilizwa and determined in accordance with the law and judicial procedures.
He added that, when the tension is in progress, the company emerged claiming Mohamed Enterprises Limited has the right on the money so they filed an application with the Supreme Court to block enforcement of judgments claiming the company had ikiishtaki Government of Libya.
The company claimed they filed a civil suit No. 110/2010 that implemented orders of the Supreme Court and give those funds investor, would mistake the place they yoitarajia focus judgment in their case to the Government of Libya where their application and release yalisikilizwa informed decisions.
"Company of Mohamed Enterprises Limited does ikuridhika with the decision of the Supreme Court so the Court of Appeal counsel sent via application No. 2/2011 which it yalisikilizwa and release decisions.
"Last of all, the decisions of the Supreme Court and Court of Appeal in this process, the investor was entitled to money to project a cement factory in Lindi as stipulated in the contract between the Government of Tanzania and Libya," said Mr. Membe.
He said it was clear that this crisis was filtered by the court to level up at different times, in front of the judges of the High Court and Appeal where in the Nation led the constitutionality, under the rule of law as Tanzania, the Court is the tool to put the final authority to decide on the the rights of citizens and the government.
He added that, it is not easy and will not be proper for anyone to question the legitimacy of the process led, directed, judged by the courts, but the law provides a loophole to return to court for a person who is not satisfied or who wants to question these decisions.
Mr. Membe said to anyone looking at the interests of the country it is clear that the issue of implementation agreements to exchange debt is an asset to Tanzania and the opportunity arises to be implemented.
"The donor countries, they presented opportunities eroded the debt burden in order beneficial as this, it will seem incredible if we keep cheerful and reason instead of development opportunities.
"I like MP from Lindi Region and Minister of Foreign Affairs and International Cooperation, He followed closely the issue for two main reasons, one project will benefit my voters and Tanzanians to lift their economies, increase employment in the regions of Africa which is left behind, "he said.
He said research shows that regions of Lindi and Mtwara has a great wealth of raw materials for cement and concrete there is sure to get better and very cheap ... the second reason this issue touches on the relationship of the two countries; it should be my ministry ilisimamie for power, competence and all seriously.
"These funds, which is a loan granted by order of the court and were not taken over as those of the EPA or Escrow, but a loan that was made to the Company's EIS based on a memorandum of understanding with the provisions of the banking and fails to repay, itafilisiwa its assets and TIB itarudishiwa his money , "he said.
Mr. Membe said he has no company in the country, does not have a partnership with any company, including the EIS and has no stake in the company, has benefited from the loan which is administered by TIB.
He added that the factory building goes well with all the machinery required in the construction have already arrived where 45 percent of the factory building, has been completed and the prospects of the company concerned is be ultimately less by December, this year.
He said if anyone needs more information to be free to argue with me EIS company, TIB which has provided loan, go to the Registrar of the High Court and Court of Appeal decided that the company should be given all the credit in accordance with the rules of banking.
Mr. Membe urged fellow candidates for the presidency within the party, to accept the results; but the issue of kujiaminisha candidate can not be named is not the gentleman's cut.
"My name likikatwa will backers candidate who will pass, our goal is victory, mature politician can not say his name can not be cut," said Mr. Membe.

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