RE-POSTED NEWS!
The $122 million (Sh201 billion), which was at
the escrow account held at Bank of Tanzania (BoT), was transferred to Pan
Africa Power Solutions (Tanzania) Ltd (PAP) account between November 28 and
December 8, last year (2013).
This revelation comes at a time when Standard
Chartered Bank, Hong Kong (SCB – HK), through its lawyers, has given Tanzania
Electric Supply Company (Tanesco) a 30-day ultimatum to re-deposit the money
into the account or else face legal consequences.
An escrow account is a financial instrument held
by a third party on behalf of other two parties in a transaction. The funds are
held by this kind of account until it receives the appropriate written or oral
instructions or until obligations have been fulfilled.
Contrary to claims by the ministry of Energy and
Minerals that the escrow monies were paid to Independent Power Tanzania Ltd
(IPTL), The Sources have reliably established that the $122 million was
actually paid to PAP.
PAP is the company that has acquired IPTL by
using the escrow funds in a deal that has been queried by some legal experts,
who are wondering how a once liquidated company became the assignee, and
assigned its shares to a new investor.
According to details gathered by The Sources,
which are also corroborated by official correspondence from the BoT to the
Treasury, the agreement to release the escrow billions was signed on October
27, 2013.
In a letter dated December 19, 2013, BoT deputy
governor responsible for administration and internal controls, Mr Juma Reli, wrote: “Invoking the
provisions of Articles 7.7 of the Agreement, GOT and IPTL executed an agreement
for delivery of the escrow funds to IPTL…the agreement for delivery was signed
on October 27, 2013, pursuant to which the bank was instructed to release the
escrow fund.
In a letter directed to the permanent secretary
of the ministry of Finance, Dr Servacius
Likwelile, Mr Reli, further writes: “The funds together with un-matured
investments in treasury bills were dully transferred to IPTL on November 28,
2013 and December 5, 2013.”
“In view of the foregoing, we hereby request you
to order the closure of the escrow account…simultaneously we wish to kindly
inform you that with effect from December 5, 2013 when the last transfer was
effected, the Bank has been duly discharged from its role and obligations as an
escrow agent with respect to Power Purchase Agreement between IPTL and
Tanesco.”
Though the BoT says it transferred the escrow
funds to IPTL, the affidavit sworn by James
Rugemalira, managing director of VIP Engineering and Marketing Ltd, served
at the High Court on January 8, year 2014, state that the money was paid to
PAP.
VIP Engineering and Marketing Ltd was a Tanzania
company that owned 30 per cent shares in IPTL until it allegedly sold its
stakes to PAP at the cost of $65 million (Sh129 billion)—the income he
described last week as “just few cents for tobacco.”
Just a day after the BoT letter, the government
chief legal counsel, Attorney General Justice Frederick Werema, wrote to Hunton and Williams LLP, a US law firm
representing Tanesco, stating: “This letter (BoT letter) is instructive…it may
be helpful to any measures that you may wish to pursue on behalf of your
client.”
Ministry’s contradictory versionIn another
development, the ministry of Energy and Minerals issued two conflicting
communications last week, in a bid to defend what transpired between IPTL,
Tanesco and Pan Africa Power Solutions (PAP).