High Court Judge: Acacia Mining playing tactics to defeat justice.

A PUBLIC LETTER TO THE HON. PRESIDENT OF TANZANIA, MINISTER OF JUSTICE, ATTORNEY GENERAL AND OTHERS

Hon. President John P. Magufuli, Prof Palamagamba Kabudi and Dr Adelardus Kilangi

Copies to:
Board members of Barrick Gold & Acacia Mining;
Chief Secretary, Amb. JWH Kijazi;
Minister of Minerals:  Ms. Angellah Kairuki;
Other Tanzania Ministers;
Journalists worldwide.

Dear Hon. President Magufuli and Distinguished Dignitaries

OUR HIGH COURT JUDGE MAKES JUDGEMENT AGAINST ACACIA MINING ADJUDICATOR

In July 2015, as a result of media reports in Bloomberg online, and in August 2015 another report from African Intelligence online, and then again in November 2015 from African Intelligence online our group took great interest to investigate further what was honestly behind these two stories about the small family mining business from Mwanza fighting against the biggest gold mining company in the world.  We understood from these media reports online that there were two mining cases that were being disputed; one case in Mgusu (near Geita) and the second case in Siga Hills (near Kahama).

We tried to communicate with the Mwanza family (company called Bismark) to receive indepth details but they would not discuss serious details with us because of their restrictions of confidentiality due to the cases being in the formal process of Adjudication.

A few months later, in February 2016,  The Citizen TZ online published yet another public report about this Mgusu case. This report started a constant flow media coverage about the Bismark-Acacia-Barrick disputes.

In March 2016:

The Business Times newspaper reported further about this case as did the Raia Tanzania newspaper and the Majira newspaper also published their reports.
Added to the news of the dispute was the huge Acacia-Barrick scandal of the tax evasion Judgement against them which the media jumped onto as well.

In April 2016:

Another Business Times newspaper report with more details about the case followed by the Mwanachi newspaper releasing their report and then again the Raia Tanzania newspaper and the Majira newspaper and the Business Times newspaper also published their follow up reports.

Mr. President, all these above public media reports and those that came after April 2016 represented the picture of how Acacia Mining were trying to manipulate our local Tanzanian companies for the sole benefit of Acacia.  Even when it became public knowledge that Acacia proposed an Adjudicator in their case against the Mwanza family (Bismark), Acacia chose Karel Daele who was found to be conflicted and he deliberately hid the truth about his past contacts with Barrick Gold and Acacia Mining.  Mr. Kaele did not disclose:
–  his history with Barrick-Acacia;
–  his having working closely with Acacia Mining’s lawyers, Quin Emanuel;
–  he worked with Acacia Mining employees in previous jobs.

When Bismark objected to Karel Daele in 2016, Acacia triggered their standard operating procedure with disputes with their opponents:  Attack, pressure, legal fees, break the opponent.  Acacia’s UK lawyers are Quin Emanuel and they are famous for this exact procedure.

Furthermore, Mr. President, you remember that we reported to you in February 2017, Quin Emanuel even sent us a letter of threat to take legal action against our group because we expose everything which Barrick-Acacia is doing in Tanzania.

Bismark’s objection against Karel Daele was met with accusations that Bismark are acting frivolous. So they had no objection but to turn to the High Court for assistance in this matter.

For almost two years, Karel Daele used delay tactics to upset the Bismark application to the High Court to remove him.  Judge Ama Munisi was on the bench for this case.

A UK journalist investigating different African cases explained that during these past almost two years, Karel Daele did not make any effort to respond or appear at the Court according to Judge Munisi’s instructions. The Judge even took the extra step of instructing Bismark to insert notices in the UK so that Karel Daele will never have an excuse that he did not know of the proceedings in the High Court in Dar es Salaam.  Bismark proceeded to arrange the notice in the UK and the cost was quite high as well – exactly what Acacia and Quin Emanuel wanted.

Recently, Judge Munisi presented her final judgement in which she ruled AGAINST Acacia Mining and Karel Daele and Quin Emanuel and their local lawyers, IMMMA.

The same UK journalist contacted the lawyers of both sides for comment on the judgement against Acacia and Mr. Daele.  He contacted Advocate Fatma A. Karume at IMMMA, representing Acacia Mining and he contacted Advocate Onesmo S. Mpinzile from FMD Advocates, representing Bismark.
The UK journalist said that Adv. Karume ignored his requests for comments.  However, Adv. Mpinzile did comment via messenger.  Adv. Mpinzile said that in Court, it was observed (by Judge Munisi) that Karel Daele was wasting time and playing tactics to defeat justice while he should have recused himself long ago and let Adjudication take its cause. Further, he commented that Judge Munisi’s ruling took more than 45 minutes to read meaning that the judgement was detailed and extensive.

Mr. President, is this typical of the Acacia Mining we know in Tanzania?  We asked lawyers for comments about this and the feeling was that Adv. Fatma Karume is also responsible for allowing Karel Daele to delay and obstruct justice.

Mr. President, at what point do we say TUMECHOKA to Acacia Mining for even interfering with our judicial system? If we understand Judge Munisi’s observation, these are people who waste our Courts time (and the wasted efforts and costs of our Judges and their staff) and they play tactics to defeat justice. Where will these people stop?  How can they believe that they are the law to do what they will, when they will and how they will?  Our Tanzanian Sisters and Brothers who have legitimate claims against Acacia Mining are entitled to a fair and stable process of justice without their interfering with their high-power lawyers delay tactics.  These UK people with their Quin Emanuel lawyers will continue to make fun of our judicial system until there is a road-block erected in their way that will make them stop and understand that in Tanzania, there will not be any more of these games that they play or manipulate.

God bless you and our Country and our People.

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

(Any reader who wants a copy of the Judge Munisi’s 12 page judgement, please email me at scoop20151@gmail.com and I will send the copy to you)

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BARRICK’s ACACIA MINING’S LEGAL PROBLEMS GO UP, UP, UP, UP >>>

By Samantha Cole of Tanzania Business Ethics

 

Acacia’s Adv. Karel Daele’s slap in the face of the Tanzania legal system

In our Holy Bible:  Ecclesiastes 1:9
That which has been, is that which will be, And that which has been done, is that which will be done. So there is nothing new under the sun.

Last year, on June 02, 2016, the local newspaper, RAIA TANZANIA, on page 4, published an article in which 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 anti-corruption group decided to research and report on this to our readers.

We published our full results in this report called:
ACACIA MINING – BISMARK HOTEL: DID ADV. KAREL DAELE ACT UNETHICALLY?https://tanzaniabusinessethics.wordpress.com/2016/06/02/acacia-mining-bismark-hotel-did-adv-karel-daele-act-unethically/ 

This month, we found that Karel Daele is back in the news relating to the case here in Tanzania of the small family business in Mwanza called Bismark Hotel.

To remind our readers:  In July 2015, Bloomberg News was first to expose the story of the legal dispute between the giant Barrick Gold – Acacia Mining and the Mwanza family business.
Bismark lost its land and mining license through negligence and inefficiency on Barrick-Acacia’s side in 2011 and then almost four years later, Acacia Mining’s attempts to upset the legal processes of the Mining Act of 2010 by collusion with dishonest officials of the Ministry of Energy and Minerals.

Adv. Karel Daele was selected as Barrick Gold – Acacia Mining’s adjudicator in the legal dispute.  Of course, he jumped at the opportunity (big $$ fees in his pocket) even though there was a conflict of interest.

Later, Bismark applied to the High Court in Dar es Salaam to force Barrick – Acacia to change Karel Daele for a new Adjudicator who is NOT conflicted.

Our sources tell us that the High Court Judge set dates earlier this year for the sides to present their cases.  Bismark went to court as required.  Karel Daele did NOT go and he did not even send applications for extension or to apologize for being absent.  Finally, the Judge instructed a written “warning” to Karel Daele to be published in public.

A few weeks ago, the High Court notice against Karel Daele was published in the UK Gazette :
See:  https://www.thegazette.co.uk/notice/2885506  (Text included below)

Once again, we see the arrogant, controlling, self-superior attitudes of Barrick Gold – Acacia Mining against our Tanzania People and moreover, our Tanzania legal system.  Do they have no shame?

Can anyone imagine Karel Daele ignoring the High Court in London?

There is nothing new under the son with anyone or anything connected to Barrick Gold and Acacia Mining.  As the British say : “same old, same old”.

BUT – Came along President J.P. Magufuli, and day after day, we are seeing improvements for our country.

Maybe Karel Daele will continue to ignore the High Court warning and maybe he will NOT appear before the judge later this month as instructed in the UK Gazette.  Maybe he knows that he is conflicted and Acacia Mining does not want to face more failure and embarrassment?  Maybe Acacia Mining will foolishly dig in their heels deeper and continue to fight our Mwanza Brothers?

One thing is for certain under God’s blue skies.  Everything must improve soon because we will own 16% of Acacia Mining    🙂 

GAZETTE NOTICE AGAINST KAREL DAELE
https://www.thegazette.co.uk/notice/2885506

IN THE HIGH COURT OF TANZANIA
(DAR ES SALAAM DISTRICT REGISTRY)

AT DAR ES SALAAM

MISC. CIVIL APPLICATION NO. 21 OF 2017

BISMARK HOTELS………………….APPLICANT

VERSUS

KAREL DAELE……………………………………1ST RESPONDENT

PANGEA MINERALS LTD……………………2ND RESPONDENT

BARRICK EXPLORATION AFRICA LIMITED…………………………………3RD RESPONDENT

ACACIA MINING PLC…………………………..4TH RESPONDENT

JOSEPH .S. WARIOBA…………………………..5TH RESPONDENT

SUMMONS FOR PUBLICATION

TO:

KAREL DAELE
MISCHON DE REYA,
SUMMIT HOUSE,  12 RED LION SQUARE
LONDON WC1R 4QD
UNITED KINGDOM

WHEREAS, the above mentioned applicant has instituted an application against you at the High Court of Tanzania (Dar es salaam Registry) the facts of which may be found on request in the Court file, you are hereby summoned to appear in this Court in person or by a pleader duly instructed and able to answer all material questions relation to the application or who shall be accompanied by some person able to answer all questions on 30th day of November, 2017 before Hon. A. Munisi, Judge to answer the claim. You must be prepared to produce on that day all the documents upon which you intend to rely in support of your defence.

TAKE NOTICE that in default of your appearance on that day aforementioned, the application will be heard and determined in your absence.

GIVEN under my HAND and SEAL of the Court this 2nd day of OCTOBER 2017.

DEPUTY REGISTRAR
HIGH COURT OF TANZANIA
DAR ES SALAAM
IN THE HIGH COURT OF TANZANIA
AT DAR ES SALAAM

MISC/CIVIL APPL. NO. …..21/2017

BISMARK HOTELS…..APPLICANT

VERSUS

KAREL DAELE and OTHERS……..RESPONDENT

NOTICE OF DATE OF MENTION

TAKE NOTICE that, the above mentioned case has been fixed for mention on the 30th day of November 2017 at 9:00 AM, before Hon Munisi ……Judge

YOU ARE required to appear in this Court without fail and must produce on that day all the documents upon which you intent to rely in support of your case.

GIVEN under my HAND and the SEAL of the COURT this 27TH day of SEPTEMBER 2017.
DEPUTY REGISTRAR
DAR ES SALAAM

TO BE SERVED UPON:
Hon JOSEPH .S. WARIOBA
NYALALI, WARIOBA & MAHALU LAW ASSOCIATES
HAILE SELASSIE/GHUBA ROAD, HOUSE NO. 501/13 OSTERBAY
DAR-ES-SALAAM

 

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