What chance do we have in Tanzania with Acacia Mining?

Acacia Mining is the daughter company of Barrick Gold that owns 63.9% of Acacia – so we all know who controls who and who pulls the strings!!
After reading the article below reported brilliantly by Elizabeth McSheffrey and published by the National Observer – see link below – we wonder ……
HOW HARD OUR PRESIDENT AND HIS MINISTERS WILL HAVE TO WORK TO BE SURE THESE TRAGEDIES DO NOT HAPPEN IN OUR COUNTRY!!
WHAT KIND OF MONSTERS RUN THAT COMPANY??  DO THEY HAVE ANY MORALS OR INTEGRITY??

CANADIAN MINING GIANT BARRICK GOLD FIRED WHISTLEBLOWER. THEN IT SPILLED CYANIDE INTO FIVE RIVERS.
By Elizabeth McSheffrey in National Observer | June 24th 2016

Toronto-based mining giant, Barrick Gold, spilled cyanide solution into five Argentina rivers shortly after firing an engineer who raised serious safety concerns about the mining operation responsible for the contamination.

Court documents obtained by National Observer allege that Barrick, the largest gold producer in the world, abruptly dismissed senior engineer Raman Autar in 2014 to “escape publication” of critical health, safety and environmental violations he found at the Veladero mine, one of the world’s largest gold mines.

The allegations are particularly explosive as the cyanide spill — linked to a valve failure and open sluice gate — dumped more than one million litres of the solution into five rivers in Argentina’s San Juan province.

Barrick would not confirm whether addressing the whistleblower’s list of concerns would have prevented the spill. Autar’s lawsuit is ongoing and none of the allegations have been proven in court.

Read Raman Autar’s lawsuit filed in Ontario Superior Court of Justice against Barrick Gold on March 27, 2015 by clicking on the link below:

Whistleblower was courted then canned

Whistleblower Raman Autar is a New Zealand national and industry veteran brought to Canada in January 2013 to work as ‘senior manager global maintenance’ for Barrick Gold.

He was offered a salary of more than $275,000 including annual incentive payments. According to his statement of claim, Barrick also promised to support his family in obtaining permanent residency, provide scholarships for his children, and offer financial assistance in purchasing a Toronto home.

But the relationship didn’t last long — Autar was fired in March 2014 after he visited the Veladero gold mine in the San Juan and voiced concerns about its condition, as well as “harassment and bullying” at his job in Toronto. He later alleged that the company fired him for raising his voice.

On March 27, 2015, Autar announced intentions to sue Barrick Gold for more than $10.5 million, citing psychological distress, wrongful dismissal, and breach of fiduciary duty among other grievances.

“He was terminated for raising health and safety and environmental concerns in accordance with the Code of Business Conduct and Ethics,” said the lawsuit, filed by the engineer’s lawyer at Shillers LLP in Toronto. “Barrick terminated Autar’s employment to escape the publication of Autar’s report raising environmental infringements at the Veladero mine in Argentina.”

According to the Ontario Superior Court of Justice, Barrick has filed its intent to defend itself. The company declined to comment on Autar’s allegations, but his lawyer, Gil Fischler, confirmed that Autar has now found employment in the mining industry in Vancouver and obtained permanent residency for himself and his family.

Fischler would not elaborate on the violations Autar uncovered at Veladero while the lawsuit remains unsettled.

A powerful company with political influence

According to the court documents, Autar moved from Australia to Toronto for the job with his wife and two young children.

His work visa was tied to Barrick Gold, leaving him unable to seek alternative employment until he found permanent residency, placing him in “an emotionally and financially vulnerable position.” He was fired without notice and provided with two weeks’ salary, despite a mortgage to pay and a family to raise.

The lawsuit says the “psychological stability of his children” and “substantial losses” the family suffered as a result of their move should have been considered in his termination, and even if Barrick did not owe Autar further fiduciary duty, alleges that 40 months’ notice should have been given upon consideration of these other factors.

But Autar is not the only person who claims his family life has been uprooted by Barrick or its mining operations; the company has been at odds with community members, politicians, and activists for more than a decade in Chile and Argentina.

In 2014, former Environment Secretary Romina Picolotti and husband Jorge Daniel Taillant — founders of the Center for Human Rights and Environment (CHRE) — were forced to relocate from Argentina to the U.S. as a result of growing pressure against their organization and their advocacy tackling powerful industrial interests, including Barrick Gold’s two key mining projects in the country, Veladero and Pascua Lama.

According to Taillant, being fired “is the least that can happen” to whistleblowers who speak out against Barrick Gold or those who work to oppose these sorts of investments.

“The corporativist nature of the industry is extremely powerful in places like Argentina”, he explained. “[Barrick] has deals with public officials, ministers, local politicians, and local commercial actors, and they are all working together and will stop at nothing to see large commercial projects like Pascua Lama reach fruition … and there’s a lot of money and a lot of power behind that money.”

Barrick Gold has invested heavily in the Veladero mine — a lucrative operation that churned out 602,000 ounces of gold in 2015 and has another 7.5 million ounces sitting in reserve. Taillant and Picolotti’s advocacy group, CHRE, has been monitoring environmental compliance from mining companies in Argentina since 2005, when Veladero first started operating in the western province of San Juan.


“Death threats against our children”

Picolotti was the Environment Secretary of Argentina between 2006 and 2008. She had been given free reign to clamp down on contaminating industries, but resigned suddenly after being asked by the country’s president to justify her veto of a glacier protection law that had recently passed unanimously by Congress. If enacted, the law would have restricted mining and oil drilling, including Barrick Gold’s operations at the Pascua Lama project, located along the Chile-Argentine border.

In an interview with National Observer Taillant described the ordeal that ultimately led the family to flee the country and take CHRE with them:

“We’ve had death threats against our children and our bank accounts, including our organizational accounts at private banks were suddenly and mysteriously closed for no reason. Since we began going after Barrick, we’ve faced fantastical and baseless accusations in the media and in the justice system,” he alleged. “We’ve had our attorneys suspended for absurd administrative reasons and have been anonymously slandered before our funders. We’ve been harassed by the tax authorities and the list goes on and on.

“It’s very difficult to link this ongoing series of attacks against us to a company like Barrick, since most of the slandering and threats follows no traceable path. Finally, we realized that we could no longer safely and effectively do our work in Argentina. When you get smear campaigns against you accusing you of corruption it not only places a stain on your reputation, but it dries up your advocacy financing.”

His own allegations have never been proven, and in an email to National Observer, Barrick Gold said Mr. Taillant’s claims were false and that it has “never engaged in any such activities.”

Taillant however, said Autar’s story is “not surprising” and falls in line with the company’s disastrous environmental record in South America.

Cyanide spill contaminates five rivers

Earlier this year, a provincial Argentine court slammed Barrick Gold with a US$9.3-million fine for a cyanide solution spill in September 2015 at the Veladero mine visited by Autar. The spill was eventually linked to “a frozen valve and a sluice gate that was left open at the time of the valve failure,” Barrick Gold told National Observer in a separate email statement.

While the company said that the incident posed “no risks to the health of downstream communities”, nine of its high-ranking employees were later charged in relation to the spill. A report from Chile’s Secretariat for Environmental Control and Supervision further criticized the company’s mismanagement of the incident, which — despite Barrick’s initial claims — was found to have contaminated five rivers in the San Juan province.

Over the course of the investigation, Barrick revised the size of the spill at least three times, first claiming “no contamination” but eventually acknowledging that more than one million litres of cyanide solution leaked into the river system.

The incident occurred several months after Autar first raised concerns about poorly-maintained equipment at the Veladero mine, including “machinery not properly maintained for down periods.” Barrick Gold would not comment on whether Autar’s concerns were related to the cyanide spill, or whether addressing them could have prevented it, but did respond to questions about the incident overall:

“The safety of people and the environment is our first priority at all of our operations,” said an email statement. “Multiple, independent studies, including by the UN, have determined that the Sept. 2015 incident did not represent a risk to the health of communities. Following the process solution ‎release in September, Veladero has implemented a range of improvements to strengthen and improve environmental safeguards to ensure such an incident cannot occur again. Barrick consistently applies industry leading standards at all of its operations and we remain committed to ensuring the environment around our mines is protected.”

Record fines from Chile for hiding the truth

Two years prior to the Argentina spill, the Canadian mining giant was also hit with a record US$16.4-million penalty in Chile, where it was found guilty of 23 violations of its environmental impact agreement at the Pascua Lama gold project on the Chile-Argentine border. The convictions included building earthworks without approval, failing to prevent runoff from mineral acid, and failing to tell the whole truth when it came to such operational failures.

In an unprecedented move, the Chilean environmental regulator had previously ordered a halt to construction of the US$8.5-billion mining project while it investigated the company’s wrongdoing. The company later admitted to the violations and pledged $30 million in fixes after paying just $11.6 million of the total fines, which were reduced for prompt payment.

Barrick’s legal woes continue in the U.S., where a New York district judge ruled in March that it will face a U.S. class action lawsuit accusing it of distorting facts related to the stalled Pascua Lama mine project. Shareholders who acquired Barrick shares between May 7, 2009 and Nov. 1, 2013 are part of the lawsuit, which claims the Canadian company repeatedly and knowingly misled them about whether the mine was complying with environmental regulations.

A history of human rights accusations

The company has also been criticized by Amnesty International and Human Rights Watch over the grave abuse of Indigenous populations and communities where it has built gold mines in Papua New Guinea, including home burnings, gang rapes and violent raids.

Industry watchdog Mining Watch Canada has documented similar violations at Barrick’s mine in Tanzania, and names the company in more than 15 web pages full of reports. Barrick Gold was recently barraged by protests at its annual general meeting in Toronto on April 26.

A communications official with the Mining Association of Canada, the national voice of the industry and an organization of which Barrick Gold is a member, said she was unable to comment on Barrick Gold’s record because she was unfamiliar with it.

According to Barrick Gold’s website, the company respects “human rights wherever we do business” and recognizes “the equality and dignity of the people with whom we interact every day.” In an effort to remedy some of the problems of the past, it has recently put in place a Human Rights Compliance Program, completed seven audits across security-related subject areas, signed a memorandum of understanding with police near the Pueblo Viejo mine in the Dominican Republic.

It has also launched a remedy program for victims of rape by guards at the Papua New Guinea Porgera mine.

http://www.nationalobserver.com/2016/06/24/news/canadian-mining-giant-barrick-gold-fired-whistleblower-then-they-spilled-cyanide

 

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Tanzania President tells “non-profit” miners “…GO BACK TO THEIR COUNTRIES”

This is a public email to Kelvin Dushnisky, the President of Barrick Gold that also owns 63.9% of Acacia Mining.
Copies of this letter are sent to the all on the Board of Directors of Barrick in Canada and also the Board of Directors of Acacia in UK as well as Law enforcement (in different countries),

Dear Mr. Dushnisky

Yesterday, was the climax of celebrations to mark the 50th anniversary of the establishment of the Bank of Tanzania (BoT).

Our President made a public speech there and FINALLY… we see our hard work is succeeding…. look at what he said in his speech:

Apart from proper collection of government revenue, the Treasury was instructed to put measures in place that would ensure that the revenue assurance system was working. Our President also asked senior officials to ensure that they supervise tax collection in mining companies as well as ensuring that they seal loop holes for tax evasion.

“There have been instances where a mining company operates in the country for 10 years but still its officials are telling you that they don’t make any profit … if that is the case, they better go back to their countries”

Also our GREAT President finally confirmed officially in public and sent this message to mining companies:
It is better for us Tanzanian’s to remain with our precious gems under our grounds for even 1,000 years than to let overseas mining companies take our precious gems and NOT pay taxes and royalties fairly and honestly.
Also, the President said… It is not a sin to leave our precious gem mining pits for the next generations to work on and benefit from fair and correct taxes and royalties.

If you don’t believe us, ask Deo and his management team at your Dar office to confirm…. IF THEY DARE TO TELL YOU THE TRUTH.
And if you still do not believe … then look at the Daily News internet article yesterday:
http://dailynews.co.tz/index.php/home-news/50929-magufuli-explains-job-freezeAnd if you need the Kiswahili version, here is the link:
http://habarileo.co.tz/index.php/habari-za-kitaifa/11428-magufuli-azigeukia-kampuni-za-simu

In Kiswahili, partly he said:
Mbali na hilo, aliwaagiza viongozi hao kuhakikisha serikali inakusanya kodi zinazostahili kutoka kwenye kampuni za madini na kufuatilia kwa karibu, kwa kuwa kuna udanganyifu mkubwa unaofanywa na baadhi ya kampuni.
In short, translated for you, the President said to the Tax Authorities to be sure to work hard to collect taxes from the mining companies BECAUSE THERE IS MASSIVE FRAUD COMMITTED BY SOME COMPANIES

Surely you remember that only a few weeks ago, in our Parliament in Dodoma, Barrick Mining and Acacia Mining were publicly lambasted for FRAUD and CORRUPTION? We sent you the details on June 1, 2016.
Now the President follows with his message “… go back to their countries” !! Can you see the writing on the wall yet ? And there YOU are, Mr. Dushnisky, sitting in your office over 10,000km away, and doing nothing???

Mr. Dushnisky, there are many anti-FRAUD and anti-CORRUPTION lobby groups working tirelessly around the world – we are only one of them. We are sure you have your hands FULL with their activist activities…
The internet is certainly full of the reports.  The difference between them and us is that we are NOT anti-Barrick or anti-Acacia. We wrote to you many times… our country needs international companies to work here… it is a win-win situation for ALL sides…. BUT only on condition that you operate properly and you pay your taxes and royalties fairly and correctly.

We wrote to you many times asking YOU to come to Tanzania and fix your problems here… but instead you ignore our requests and NOW FINALLY, after all our work and research that we sent to our President and his Government team…. NOW the message is clear…
There have been instances where a mining company operates in the country for 10 years but still its officials are telling you that they don’t make any profit … if that is the case, they better go back to their countries“. Why do you push our country to this point instead of cooperating with us and finding solutions to problems?

The last thing you need is to read that message to your company. The last thing you want is to spend work hours on damage-control instead of creativity for the good of your company and shareholders.

The first thing YOU need to do is get on a plane and come here and fix your problems so that business can return to peace and quiet and long term profits. We urge you not to take offence at our “simple native women” email telling YOU to get on a plane.

One of our European bosses used to quote Franklin D. Roosevelt very often … he said: It is common sense to take a method and try it. If it fails, admit it frankly and try another. But above all, try something.”
Is it not time yet to follow the advice of ex-President Roosevelt? From one President to another, so to speak 😇

We will continue to work for our President, our Government and our Nation. We will support and praise you and your company when there are good tidings. Conversely, we will work 24/7 to do the opposite if YOU choose to keep your distance and leave your problems in our country unsolved. You are a lawyer and an engineer and a businessman. If you cannot see your way forwards as a friend and a partner of Tanzania, then, excuse us for being so forward, we have no idea what you are doing in the chair of President of Barrick Gold and Chairman of Acacia Mining!

Kind regards
Samantha Cole
https://tanzaniabusinessethics.wordpress.com
https://www.facebook.com/sam.cole.ethics

PUBLIC EMAIL TO PRESIDENT OF BARRICK GOLD & ACACIA MINING

This is a public email to Kelvin Dushnisky, the President of Barrick Gold that also owns 69% of Acacia Mining. 
Copies of this letter are sent to the all on the Board of Directors of Barrick in Canada and also the Board of Directors of Acacia in UK. Below, you can read more recipients of this email.

Dear Mr. Dushnisky

Since we also work for large multi-national companies, we do know about the need for company authority structure and the management levels between head office and in-country branch operations.  And there-in lies the reason for this new public letter directly to you.

For months we wrote to you asking YOU to come here and sort out the Barrick-Acacia problems in Tanzania.  But you took no notice.
For months we wrote that your local management are NOT feeding you with the correct information and keeping you fully informed to enable you to make decisions for implementation back down the ladder.   But you took no notice.

Last week, we heard from our sources inside Acacia Mining in Dar es Salaam, that in fact, your local Dar management are still insisting on holding the Ministry of Energy and Minerals (MEM) fully responsible for the loss of the license and land in September 2011 that you were committed to return back to Bismark Hotel Mining company.  That is just unbelievable!!

So, here were are now, writing to you directly, to show you the EXACT PROOF of how your local management are covering up the truth and fighting so hard to get a solution locally in Dar es Salaam using “under handed” ways and means which, in other words, means MORE FRAUD and MORE CORRUPTION on top of what they already did between 2011 and 2015…. 
And wait, we did not start telling you about their other problems.

With the help of our volunteers in your office here, we prepared an exact step-by-step analysis so that YOU, Mr. Dushnisky, will be able, in a matter of minutes, to see how you have been blatantly misled.  We must add and stress that those few in your local office who contacted us and volunteered to help our cause are all staunch and deeply loyal Acacia Mining employees.  These are people who sincerely care about their company but they disapprove with certain methods of your local management and your intervention and clean-up in the local offices would please and motivate a great deal of your employees here.

You can ask us what we are actually doing here?  The answer is simple….
There is FRAUD and CORRUPTION within your group of companies … we see it exists between your Dar es Salaam office and your overseas offices.  
Our group fights against FRAUD and CORRUPTION in any shape or colour or place.
From the documents we present to you here attached, you will know exactly who has misled who and why everything in Acacia Tanzania right now is so upside down!

Our group is driven to focus on truth and honesty.  Mr. Dushnisky, this full report attached shows you exactly who is telling you the truth.  Your local people are NOT.  Are your London people telling you the truth???  We cannot be sure because sadly, no-one there has come forward secretly to volunteer to join our group!

Our work is motivated by great modern-day Tanzanian’s like President Magufuli whose actions speak louder than his words.  Also, the Minister of MEM, Hon. Prof. Sospeter Muhongo, who was quoted last year saying:  “My record speaks for itself, I am incorruptible” and indeed, his record and commitment to our country do speak for themselves!

So, attached is the full report including complete documentary proof for you to know what really went on here between 2011 and 2015.

Last week, we reported directly to the Minister of MEM, Hon. Prof. Sospeter Muhongo and his senior MEM team that your local people are still “holding on for dear life” to their false theory that the MEM is fully at fault for the lost license and land that caused all these problems.

Our group have cooperated with the MEM since last year are we are certain that the Hon. Minister has already all the complete facts and the MEM have made their conclusions and forwarded everything to the PCCB and other authorities who will no doubt take this investigation of FRAUD and CORRUPTION forwards.  And all because of poor, negligent mismanagement of your Dar es Salaam office.

Dear Mr. Dushnisky, in Kiswahili, we say:
Watanzania wamechoshwa na UTAPELI na RUSHWA !  Tumechoka kuumia !!  Imetosha..

Translated for you, it means:
Tanzanians are frustrated living with FRAUD and CORRUPTION !  We are tired of suffering! Enough is enough…

Our agenda is all about supporting our President in the fight to destroy the cancer called FRAUD and CORRUPTION from within our Nation!  Our Facebook is dedicated to exactly this.
There is nothing political at all about our Anti-Corruption work – our volunteer group works to support the Tanzanian Nation and only the Tanzanian Nation! 
In the eyes of Good Lord, we are all equal! 
No-one is entitled to take that which is not his!

We wrote to you a few months ago and I repeat it again…. Our Nation is a very placid nation.  Our People are by nature and culture, very peace loving.  Unlike other African nations who chop each other to pieces, God help them all, we are quite the opposite.  It is in this spirit that we invite YOU again to come to Dar es Salaam.  After you read the attached report, you will know to come here, to sit with the relevant people, to make order with everything in Acacia so that your company will blossom peacefully by mining our God-given gold (and pay your royalties and taxes fairly for our God-given gold)!

We know from your local Dar people that your company has a “mechanism” to have Internal Disciplinary Hearings for specific problems.  From the attached report and proof, you now have everything you need to have your Disciplinary Hearings so that your local management team will answer for their carelessness or negligence or mismanagement or any other name you choose to call their terrible performance that has caused you and your company so much damages.

Your local people have such audacity and low integrity to try and persuade you that “they are sorting out everything because the MEM made mistakes and the MEM are responsible”.   What blatant lies they tell you!   The facts and proof speak for themselves.  
Your local management efforts and attempts to cast guilt and responsibility for their mistakes onto the MEM will surely damage the relationship between the MEM and Acacia Mining.  And for what?  Because of the local Acacia management lies?  Because the local Acacia management targeted a few MEM officials on the side, corrupted them to do illegal acts to try cover their failures and errors, and then they tell you that the MEM is at fault!

You are the president of the world’s biggest gold mining company…. After you read the attached report and proof of wrong-doings, you will see through the agenda of your local Acacia management who have caused all this damage and lied and misled you since all these problems started with the Bloomberg online article last year in July.

Did you know that your local legal team sent to Bismark geological reports for totally the wrong land and therefore they never filled their legal commitments to Bismark… even until this day?
And then to make all this even more ridiculous, your local management still insist the reports were for the correct land…. 
How much more incompetent can senior managers be? 
We are certain that your local Acacia management has hidden this fact away from you!  All you need to do is simply ask them to show you the exact geological reports they sent Bismark and ….  you will see, in shock, for yourself. 

Mr. Dushnisky, please look at this link below:
http://business-humanrights.org/en/tanzania-acacia-mining-repairs-roads-serving-local-communities-after-heavy-rains-render-them-impassable
What a beautiful article,  a beautiful message from Acacia Mining… a message of cooperation and hope to your host country.  These are the articles we want to read about your company.  This type of news is what YOU want to receive from your overseas company offices!

Please take note that we are sending Bcc copies of this public letter to the President and the IKULU, Ministers, MP’s and ALL other government officials connected to this scandal as well as the PCCB, Attorney General, the TRA and the SFO, RCMP, SEC, FCA, OEC, World Bank, Transparency International, CSR21, European Parliament, British Parliament, Canadian Parliament, media companies and numerous others.  Be assured that in the past 11 months, we learnt our duties and responsibilities very quickly. 

You may have read an analysis report that our group prepared last week after Adv. Karel Daele was exposed in one of the local Swahili newspapers, Raia Tanzania, for his possible unethical performance as your appointed Adjudicator .  Here is the link (in English):  http://allafrica.com/stories/201606021212.html

Did you know that you used to have a lawyer working in Barrick Tanzania called Honest Lugalla?
Did you know this lawyer was fired (or call it any other name) for his blundering – including these Bismark adjudication issues?
Did you know that you used to have a “Company Secretary” working in Barrick Tanzania called Godson Kiliza?
Did you know he was also fired (or call it any other name) for his blundering?
Do you know that there were others also fired?
Your local offices employ suspiciously incompetent people and your local Acacia management cover-up and mislead you overseas!

Karel Daele should never have been suggested or considered by Acacia – never mind appointed – for all the Conflict of Interest factors that you read in our above-mentioned research article in AllAfrica. In fact, there should not even have been an adjudication process started, as you can see in the attached proof – your local management was hopelessly negligent and careless in September 2011 and they should never have lost that license and land!  Then none of this mess would have happened.

You will see for yourself when you read all the proof. We expect that Bismark has much more proof to present when the adjudication will start but that’s not our concern…. what we prepared for you is certainly enough for you to make educated immediate conclusions….  There is no doubt that the Government and Police authorities definitely will have enough evidence to proceed accordingly.

Mr. Dushnisky, this is the NEW TANZANIA.
Do you know about the Barrick Gold and Acacia Mining being lambasted by name in our Parliament last week for FRAUD and CORRUPTION??  Is this what you need in your company?
Do you need for your shareholders to read media reports about Barrick Gold and Acacia Mining being lambasted by name in our Parliament for FRAUD and CORRUPTION?

Attached is the proof that your local management team have brought you to the edge!  And for what?

It’s now up to you to take this bull by its horns and return your company back to a peaceful, quiet and popular position in our country.  That is our blessing for you and your people.

In conclusion, please allow us to share with you a quote from another of our great modern-day Tanzanian statesmen, former Prime Minister and Attorney General, Joseph Warioba.
In 1996, he and his nine-person Presidential Commission released what was to be known as “The Warioba Report”.  And the 521 page report simply shocked all of Tanzania.  If you have time, it is worth reading to understand our country.  One of Adv. Warioba’s most shocking conclusions of that report, 20 years ago was: 

  It has become evident that the greatest source of corruption in the country is not the poor economy and low salaries …….  The greatest source of corruption is laxity of leadership in overseeing the implementation of established norms …. Most leaders do not understand the seriousness of the problem ….  If we want to rid ourselves of corruption we must begin by cleaning the top leadership ranks. ”

As before, we are here to serve our country’s best interests and we commit our complete neutrality before the Good Lord, at all times.   All that matters to us are the facts in writing.  Judges can interpret everything else…..
We welcome any questions you may have and assure you of our cooperation in any way that brings about the betterment of Tanzania.

Kind regards

Samantha Cole

ANY READER WHO WANTS TO RECEIVE THE PROOF AND EVIDENCE OF THE FRAUD AND CORRUPTION OF BARRICK GOLD AND ACACIA MINING, PLEASE SEND US A PRIVATE MESSAGE (via scoop20151@gmail.com) WITH YOUR EMAIL ADDRESS AND WE WILL SEND TO YOU.
DO NOT SEND US A PUBLIC MESSAGE WITH YOUR EMAIL ADDRESS – IT IS NOT SAFE

Are Tanzanians fed up living with FRAUD and CORRUPTION? TUMECHOKA !! We are tired of suffering! Enough is enough!

TUMECHOKA !! We are tired to live this way!!
Change must come!!
Enough is enough!!

Pic - Corruption is Deadly 3 wp1
Are we Tanzanian’s, still interested in following up and helping to destroy the cancer of FRAUD and CORRUPTION in our beautiful country?
Do we believe this is the NEW TANZANIA and that we can bring change to make this a better place to live?

The answers to all the above questions are: YES!
Why? Because we, the people, suffer most from the cancer of FRAUD and CORRUPTION !

  • We are the ones who send kids to schools with poor facilities;
  • We are the ones who cannot get good medical services in our clinics;
  • We are the ones lighting candles when there is no electricity;
  • We are the ones carrying buckets of water because there is none in our houses;
  • We are the ones who the police stop for no reason other than to demand money illegally;
  • We are the ones travelling through mud because there are no highways;
  • We are the ones ……… who suffer!

Of course we want to know everything about FRAUD and CORRUPTION scandals because we want to see JUSTICE done to those who are caught!  After all, the more who are exposed, the more who are caught, the more who are punished, the LESS will try in the future.
People will learn that the cancer of FRAUD and CORRUPTION is not easy like in the OLD DAYS!
In the new Tanzania, there is no place for the cancer of FRAUD and CORRUPTION.
In the new Tanzania, BIG BROTHER is watching! We are all watching! We are all ready to report to the Authorities – from our President’s office to the PCCB to the TRA …. to everyone!

And therein lies the reason why the Tanzanian public are so involved and interested in following the FRAUD and CORRUPTION scandals… Because TUMECHOKA !!

Between March 2014 and September 2015, a survey was conducted – arranged by Transparency International – in which they contacted 43,143 people in 28 countries in Sub-Saharan Africa. The question asked was about their experiences and opinions of corruption in their country.
A complete report was published called “People and Corruption: Africa Survey 2015”.
In this report, we see that the majority of Africans (58 %) that were in the surveyed countries, say corruption has increased over the previous 12 months.
Shockingly, Transparency International estimate that nearly 75 million Africans have paid a bribe in the past year – some of these to escape punishment by the police or courts, but many also forced to pay to get access to the basic services that they desperately need.

Let us take a moment and look back at the past few decades in Tanzania …. We see how evil and sick our country has been in relation to the cancer of FRAUD and CORRUPTION !

1996-1997 : THE FAMOUS WARIOBA REPORT SHOCKED TANZANIA

The 521-page report published by former Prime Minister and Attorney General Joseph Warioba and his nine-person Presidential Commission revealed corruption everywhere. Here are some examples where corruption was found from that report:

  • Inside the offices of the Ministry of Home Affairs;
  • Inside the offices of the Attorney General;
  • Inside the Ministries of Education, Health and Lands;
  • Inside the Treasury;
  • Inside the ‘Investment Promotion Centre’ where tax exemptions were given to the rich;
  • Inside the National Bank of Commerce;
  • Inside the Social Services (example, demanding money for hospital beds);
  • Inside the Police force (why no surprise!!);
  • Inside the Courts (‘judgements are written in the streets without even a hearing’);
  • Inside newspapers and journalists – accepting bribes to write or not to write revealing stories;
  • And many, many more.

The Warioba report also said that :
After Tanzanian independence, the public service expanded very rapidly and public servants started to behave contrary to the civil service code of conduct and began to use their offices for private economic gain …….
It has become evident that the greatest source of corruption in the country is (now) not the poor economy and low salaries, although these too have played some part.
The greatest source of corruption is laxity of leadership in overseeing the implementation of established norms …. most leaders do not understand the seriousness of the problem ….
Most believe that corruption is more widespread in the lower and middle grades of the public service…..
If we want to rid ourselves of corruption we must begin by cleaning the top leadership ranks

1999 : The 9th International Anti-Corruption Conference in Durban, South Africa.

Tanzania’s National Anti-Corruption Strategy Executive wrote the following in their summary:

Corruption is as old as human history itself. However in Tanzania, it can be traced back to about 1980, some twenty years after self-rule. It grew to such an extent that it impacted all social and economic activities in a most fundamental way, negating development in almost all sectors.

For this reason, the fight against corruption became the election manifesto of President Benjamin William Mkapa in October 1995 who, on coming to power, appointed a commission in preparing a report (“The Warioba Report”) on the state of corruption in Tanzania. This report was completed in December 1996 and was immediately made public.

The report indicated that corruption both of the “petty type” (e.g. involving traffic police) and of the “grand type” (e.g. involving public tenders) was both widespread and rampant. Worst culprits were in the judiciary and the police. It was a case of corrupt politics impinging on the nation’s economic performance.

All those decades… 30 – 40 – 50 years ….
Who loses?
Only the innocent! Only the poor! Only the weak!

And therein lies the reason why the Tanzanian public are so involved and interested in following the FRAUD and CORRUPTION scandals… Because TUMECHOKA !!

Norad published a report that can be read on the O.E.C.D. website. The report is called:
Joint Evaluation of Support to Anti-Corruption Efforts – Tanzania
They reported that in Tanzania, in 2006-2007, Tanzania’s corruption went worse and worse, both in absolute and relative terms.

In 2008, the country was rocked by yet another energy scandal, involving the US firm Richmond Development, which led to the resignation of Edward Lowassa, the Prime Minister at the time.

In June, 2011, Norad published that in certain years, more than 20% of Tanzania’s budget was lost to corruption.

The Business Anti-Corruption Portal published:
Corruption is pervasive throughout Tanzanian society and is a serious problem across all sectors of the economy. The most affected sectors are government procurement, land administration, taxation and customs. Petty corruption in dealings with traffic, customs and immigration officers deters investment.
Businesses consider the prevalence of irregular payments and bribes within public utilities in Tanzania as one of the worst in the world. Corruption within the state-run Tanzania Electricity Supply Company (Tanesco) is endemic.

In 2013, the energy minister, William Ngeleja was forced to step down after a report uncovered massive abuse of taxpayers’ money in 2012.

And therein lies the reason why the Tanzanian public are so involved and interested in following the FRAUD and CORRUPTION scandals… Because TUMECHOKA !!

Only about 18 months ago, the United Kingdom and 11 other international donors withheld $490 million in general budget support to Tanzania due to their worries that our officials were stealing public funds!
According to Tanzania’s public accounts committee (PAC), Tanzania is one of Africa’s biggest per-capita aid recipients, with 29% of its annual budget comes from overseas development assistance.
What is wrong with us that we need so much aid from outside?

In November 2014, during a parliament session in Dodoma, the PAC revealed publicly that senior officials authorized fraudulent payments to offshore bank accounts under the guise of energy contracts.
Tanzania’s energy sector is well known for corruption scandals and 20% of its development funding is thought to have been stolen in the previous 12 months. It is said that the energy scandal of November 2014 resulted in the theft of more than $120 million from our Central Bank.

At that time, Mr. Zitto Kabwe, an opposition MP and head of the PAC, said: “There is no story of power in Tanzania … without corruption. We have been having huge problems with electricity in Tanzania for the last 20 years. IPTL has been there for the last 20 years and it has been involved in all this corruption. Rugemalira has been with IPTL for the last 20 years and he has been part and parcel of the corrupt power deal that has been going on in Tanzania.”

And what has changed since?
Until President J.P. Magufuli walked into the front door of the Ikulu (Tanzania “White House”)

The Attorney General, George Masaju, quoted President Magufuli telling Parliament that he was serious when he promised the public the special court to prosecute the corrupt and embezzlers of public resources, adding that what Tanzanians hate most is corruption and that they are not ready to tolerate a government that embraces bribery. “During the 2015 election presidential campaigns, President John Magufuli promised that if he wins, he would establish a special court to prosecute government and non-government officials implicated in graft.

Corruption also means that public hospitals have no medications to treat sick patients, children don’t have teachers, and government officials charged with protecting their citizens, hurt them instead.

FRAUD and CORRUPTION are all exercises in GREED…….. They are conspired and done “in the name of our people” whilst spawning millionaires amongst our ruling and controlling elite!

Do you encounter corruption in your everyday life?
Are you irritated with bribe demanding, with nonexistent inquiries, “charitable” contributions and other similar processes?
Are you also sick and tired of corruption?
Report every and all corruption cases – if you prefer, send us the details and we will report the case… without your personal details….. but we MUST work together to make our President’s goals into reality!
FRAUD and CORRUPTION has NO place in the NEW TANZANIA.

There is nothing political at all about our Anti-Corruption work – we support the Tanzanian Nation and only the Tanzanian Nation!
In the eyes of Good Lord, we are all equal!
Amina!

THE ACACIA MINING SAGA IN PARLIAMENT

Business Times
Friday, 03 June 2016 14:24
http://businesstimes.co.tz/index.php?option=com_content&view=article&id=6315:the-acacia-bismarck-saga-acacia-mining-lambasted-in-parliament-&catid=1:latest-news&Itemid=57
ON Tuesday this week, the shadow Minister for Foreign Affairs in the Parliament of Tanzania, Reverend Peter Msigwa, lambasted Acacia Mining in the ongoing National Assembly meeting in Dodoma, stating that the company had been dishonest in their dealings with Bismarck Hotels (Mining) Limited, a Mwanza-based local mining company.
The MP further stated that Acacia had somehow colluded with certain officials of dubious probity at the Ministry of Energy & Minerals in order to get their support for the Big Miner’s “suppression of small Tanzania mining companies!”

In this, the highly-respected Parliamentarian from the political Opposition ranks was referring to the ongoing saga involving Acacia Mining Plc (Acacia Mining) and its erstwhile partner in a joint venture, Bismarck Hotels (Mining) Limited (Bismarck), dating back to a little more than a decade ago!

In July 1995, Bismarck entered into several joint venture agreements in gold mining with Pangea Minerals Limited – which was, at that time, 100 per cent fully owned by Acacia Mining, formally operating in and from Tanzania as African Barrick Gold (ABG).
In due course of time and events, however, Acacia Mining terminated the agreement in 2012, guaranteeing to return the land involved in the joint venture pact, together with all the geological data and allied reports.

Bismarck – naturally enough relying on the termination letter from Acacia Mining – went on to identify another partner, the overseas-based gold mining company MetGold, as a new suitable working partner.

However, the Tanzanian company was unable to deliver on its obligations to the new partner. This was basically because as Acacia Mining had lost some of the land which related to the earlier Pangea Minerals Joint Venture pact all of seven months before it had sent the termination letter to Bismarck!

To put this in perspective, the licence in question expired on May 17, 2011. According to the Tanzania Mining Act of 2010, licence renewal application had to be submitted within four months i.e. by September 17, 2011.
As it so happened, however, that date fell on a Saturday, which is a rest day for Government officials in Tanzania. In the event, the subject renewal application date was moved to Monday, September 19, 2011.

In any case, Acacia Mining never applied for renewal of the mining land that Monday. In the event, the miner was thus automatically excluded from the allocation processes – with the land being allocated to another applicant. In this way, Bismarck lost out in the Pangea/Acacia Mining partnership for no fault of theirs!

It thus came as no surprise, then, that the Reverend Peter Msigwa, speaking in the Tanzania Parliament this week as the Shadow Minister for Foreign Affairs, openly blamed Acacia Mining for “acting dishonestly and mistreating Tanzanian companies and citizens!”

Some analysts are of the view that such a direct attack made on a London-listed Company, Acacia Mining Plc – an offshoot of the Canadian Barrick Gold Corporation, the world’s largest gold producer – could very well also reverberate in the UK Parliament!

Sources working out of London have also confirmed that Acacia Mining’s appointed adjudicator in the matter between Acacia and Bismarck, Karel Daele of Mishcon de Reya Ltd., a London-based law firm,” did not act ethically by disclosing a conflict of interest – and, as such, should never have accepted his appointment as Adjudicator!

In any case, Acacia Mining should not have nominated him for that sensitive, highly-charged and protracted task in the first place! After all, Acacia Mining knew, or were in a position to know, that Karel Daele was a partner at the Dar es Salaam-based Mkono & Company-Advocates, a Tanzanian legal firm acting for Acacia Mining!

This in itself tends to ‘paint’ Acacia Mining as being able, ready and willing to resort to any all means – be they fair and not so fair – in self-serving efforts to control the events and outcome relating to the adjudication involving the two former partners-in-mining investments!

The source has further confirmed that the London-based Serious Fraud Office of the United Kingdom, the UK Law Society, the Solicitors Regulation Authority and the Legal Ombudsman in the UK have all been informed of, and alerted to, Acacia Mining’s disingenuous attempts at influencing outcomes.

Bismarck has of recent added other Legal Experts to its illustrious team of lawyers, the Tanzania-based activist Tundu Lissu and Law Associates, as well as an unnamed European arbitration expert.

ACACIA MINING – BISMARK HOTEL: DID ADV. KAREL DAELE ACT UNETHICALLY?

DID ADV. KAREL DAELE ACT UNETHICALLY BY ACCEPTING BARRICK-ACACIA REQUEST TO BE ADJUDICATOR ?
Thursday, June 02, 2016

In today’s newspaper, RAIA TANZANIA, on page 4, it was reported that Adv. Karel Daele must remove himself as Adjudicator in the matter between Bismark Hotels and Acacia Mining because of his conflict of interest. Our group decided to research and report on this to our readers.  See below for the newspaper article.

Adv. Karel Daele moved to live in Tanzania in 2006. He joined the law company, Mkono & Co., as a partner.
In 2012, Adv. Daele left Mkono & Co and Tanzania, and he moved to London where he joined the law firm, Mishcon de Reya.

In the approx. six years that Adv. Daele worked at Mkono & Co., he also wrote a number of publications – all available to read on the internet.
Some of these publications, he wrote together with Adv. Nimrod Mkono, the Managing Partner at Mkono & Co.

Clearly, Adv. Daele was one of the top and well-known partners at Mkono & Co. Any Google search will not dispute that Mkono & Co. have represented Barrick Gold and their various off-shoot companies, for many, many years, in different legal matters.
During Adv. Daele’s tenure as a partner at Mkono for some six years, Barrick Gold was very much a client of Mkono & Co.

However one looks at the situation, one way or another, there would have been partner discussions about different legal matters relating to Barrick Gold’s business. Let’s not forget we are talking about the biggest gold mining company in the world and certainly a very powerful client in Tanzania and also had to have been a very serious source of money for Mkono & Co.’s bank account!

  • How is it possible that Adv. Daele would accept the request to be adjudicator for Barrick – Acacia Mining?
  • How is it ethical that he accept the request to be adjudicator when he was a partner in a law firm that has represented Barrick legally for years and years?
  • Was it unethical that Adv. Daele did NOT disclose to Bismark that he worked in Mkono & Co. for some 6 years and that Mkono & Co. were legal council in Tanzania to the Barrick group?
  • Is Adv. Daele’s position as Adjudicator a clear CONFLICT OF INTEREST?

Let us turn to the specialists and professionals to understand what does it mean to have a conflict of interest?

First, we visit the website of the “Society of Ontario Adjudicators and Regulators” (since Barrick in Canada own about 69% of Acacia Mining):
They give a clear definition of “Conflict of Interest”:

A conflict of interest is any interest, relationship, association or activity that is incompatible with the adjudicator’s obligations to the tribunal. A ‘conflict of interest’ is defined for the purpose of this Code to include both pecuniary and non-pecuniary conflicts.

A non-pecuniary conflict of interest will arise where an adjudicator has an association, relationship or non-financial interest or activity that is incompatible with his/her responsibilities as an impartial decision-maker and as a member of the tribunal. The relationships, interests or activities of a close family member or close associate may raise a potential conflict for an adjudicator if they will be affected beneficially or detrimentally by the determinations of the tribunal.

There we have it very clearly… the words “relationship and association” certainly cover what amounts to around six years working in Mkono & Co., who represented Barrick.
Perhaps Adv. Daele would say that he did not actually represent Barrick directly in any legal matters and that other partners did the legal work. Nevertheless, it cannot be disputed that as a partner in Mkono, Adv. Daelle would have been privy to information, might have been consulted in his office by his Mkono colleagues on different matters… the possibilities are endless… and of course, the issue of the Barrick fees paid to Mkono and Adv. Daele was a partner in the office…. should we go on?
These and more issues all make up the picture of an “association” that Adv. Daele had directly or indirectly with Barrick.

In addition, let us not overlook Adv. Daele’s ongoing friendship with his ex-partner and co-publisher, Adv. Nimrod Mkono which certainly also constitutes a “relationship and association” with Acacia – albeit via Acacia’s lawyers.

Second, we select the website of “Adjudicate Today” for a second opinion on this matter. They explain very clearly as follows (we extracted the most relevant requirements to keep this as short as possible):  “WHAT IS REQUIRED OF ADJUDICATORS“.

No Conflict of Interest:

A person cannot serve as an eligible adjudicator in any payment dispute where the person has any financial interest (except the adjudicator’s normal fees) or other interest in the outcome of the particular dispute.
The adjudicator should disclose as soon as possible any situation which may give rise to a conflict of interest.
In particular, an adjudicator who is a member or director of a company or industry association retained by any party to the dispute should not act as adjudicator without the fully informed consent of the parties.

Adv. Daele’s relationship with Acacia and indeed, Mkono & Co. can easily fit into the above mentioned “… or other interest in the outcome of the particular dispute.”

Impartiality:

Impartiality means freedom from favouritism or bias in word or action towards a disputant party.
Furthermore, an adjudicator is not to play an adversarial role and must maintain an even-handed approach towards all parties involved. An adjudicator should not become an adviser to any of the parties.

Neutrality:

If the adjudicator had at any time prior to the adjudication provided any services (eg. legal, consulting or commercial) or had any social or professional relationship with any of the parties, he/she cannot proceed with the adjudication. However, if after full disclosure, all parties to the adjudication agree, the adjudication may proceed.

Declaration by Adjudicator
They (the adjudicators) have not had any connection with either of the parties which is likely to give rise to a perception of conflict of interest eg. association, memberships, social or family relationship, employment, business, shareholdings;
How can Adv. Daele honestly and ethically make the above Declaration?

Third, we select the website of “The Canadian Law Society” for a third opinion on this matter. In their website, they include a document called : “ADJUDICATOR CODE OF CONDUCT” which explains very clearly all about this issue of Conflict of Interest.
(We extracted the most relevant points to keep this as short as possible):

Page 3:
PART 2   CONFLICT OF INTEREST AND REASONABLE APPREHENSION OF BIAS

IV. Definitions

6.    A conflict of interest is any interest, relationship, association or activity that is incompatible with an adjudicator’s obligations to the tribunal. Conflicts may be actual or perceived. In this Code, ‘conflict of interest’ includes both pecuniary and non-pecuniary conflicts.

8.    A non-pecuniary conflict of interest will arise where an adjudicator has a non-financial interest, relationship, or association ……….

10.   A significant professional relationship may include, for example, employee/employer, solicitor/client, partnership/association, or employee, associate or partner/law firm.

So we see that Adv. Daele’s six year period in Mkono & Co. as well as his “publishing partnership” with Adv. Nimrod Mkono certainly creates a conflict of interest here.

Finally, for the sake of the cynics who are reading this, please allow us to include what can only be considered as “the cherry on the top”….

We consulted with the website of “The Adjudication Society” in the UK – that is Adv. Daele’s playing field:

They have a Guidance document on their websites that states:

Page 5:
2.4     An adjudicator should ensure that he does not have a conflict of interest before he accepts an appointment. Failure to do so could result in the courts refusing to enforce a decision on the grounds there had been a breach of natural justice due to the bias of that adjudicator.
2.5.1   The fact that an adjudicator had, many years previously, been a colleague of one of the parties’ representatives in circumstances ……….
2.6      If an adjudicator is in doubt as to whether he has a conflict of interest he should as a matter of best practice disclose the potential conflict of interest to both parties before proceeding further.

We are not lawyers and this is not a court of law BUT one does not have to be an expert to spend some time using Google to understand what are the parameters to be an ETHICAL and HONEST Adjudicator. As The Adjudication Society in the UK writes in clause 2.6 their website : “…… as a matter of best practice……”

Clearly, from the above, Adv. Karel had NO right at all to accept the request from Acacia Mining to be their Adjudicator.
As regards Acacia Mining’s request in the first place?   Well, we already see all over the internet that Barrick Gold & Acacia Mining make up their own rules as they see fit, so let us not address this sad question.

In conclusion, we reach out to Adv. Karel Daele :
Sir, you did NOT act “…… as a matter of best practice……” and you really ought to show the world that you are a man of ethics and integrity… and you should remove yourself as Adjudicator – certainly for the sake of your own future.
The last thing you need is for this adjudication to follow you and haunt you all your years.. and for what ? Because Acacia Mining is waving their finger at you? Because they are waving money at you?
Don’t make a mistake!!   The pleasure of the money will be long gone after the bitter taste of scandal chases after you and remains with you!

PUBLIC LETTER TO KELVIN DUSHNISKY & BRAD GORDON

Dear Sirs

Mr. Dushnisky:  Your Directors are gathered in London yesterday and today to discuss your crisis in our country.  Only the Good Lord understands why you insist on fighting against our country.  We have asked you over and over during the past 6 months to come here are sort out your problems.  We told you over and over that you are not receiving the honest reports from your local Acacia Mining people because if you were, we find it hard to believe that you would allow the problems to escalate UP TO OUR PARLIAMENT !!
.
Yesterday, the Shadow Minister of Foreign Affair, Hon. Peter Msigwa, lambasted Acacia Mining & Barrick Gold for your activities in Tanzania – including fraud and corruption !!!!!
.
Mr. Gordon:  You have people there from Dar… they can translate the Shadow Minister of Foreign Affair’s speech for you.  If you want a neutral press report about this, here is a link below and attached also pictures of today’s newspapers about the Parliament report.
http://www.majira.co.tz/index.php?page=read_more&name=news&id=8311

.
A few weeks ago, you instructed Mr. Andrew Wray to go publish with the media in which he said “We Are Not Crooks”.
http://allafrica.com/stories/201605090406.html
.
Look how you allowed this to get out of hand.
Even in our Parliament, our MP’s and Ministers are discussing the exact opposite to Mr. Wray’s plea of innocence.
.
Mr. Dushnisky:   Once again, we ask you, in the spirit of cooperation and partnership…. please come here and fix up the problems.  The Barrick – Acacia snow ball has been rolling down the mountain during the past 6-9 months and getting bigger and bigger….  Are you waiting until it becomes an avalanche??   Maybe it is an avalanche already since our Parliament are already discussing your illegal activities in our country ??
.
You have enough headaches in your company…. just this week in New York, you were ordered to pay US$ 140 million for concealing problems at one of your South American mines and of fraudulently inflating the company’s market value.
.
Your critics and cynics will scoff and say that US$ 140 million is a drop in the ocean for Barrick Gold.  In our country, we would bless US$ 140 million …. do you have any idea how many millions of our nation could benefit from infrastructure improvements of US$ 140 million?
.
Why do you want more problems?  We urge you to bring a strategy of reconciliation (or whatever you choose to call it where there is no implications or long term insinuations) and come here and implement the strategy immediately.  Come here and clean the table.
Is the alternative the avalanche?
.

Kind regards
.
Samantha Cole
https://tanzaniabusinessethics.wordpress.com
https://www.facebook.com/sam.cole.ethics