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
Board members of Barrick Gold & Acacia Mining;
Chief Secretary, Amb. JWH Kijazi;
Minister of Minerals: Ms. Angellah Kairuki;
Other Tanzania Ministers;
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.
(Any reader who wants a copy of the Judge Munisi’s 12 page judgement, please email me at firstname.lastname@example.org and I will send the copy to you)