Tanzania agrees to pay m to aggrieved Australian investor in mining row

By BOB KARASHANI

Tanzania has reached an out-of-court settlement with Australian mining company Indiana Resources, agreeing to pay $90 million to end arbitration proceedings at the International Centre for Settlement of Investment Disputes (ICSID).

This potentially ends the long-running dispute, although the settlement amount is less than the $109 million award that ICSID had ordered Tanzania to pay Indiana in July 2023, after ruling that it had unlawfully expropriated the company’s licence to conduct nickel mining operations in the country. 

Read: Australian firm wins $109m compensation against Tanzania

Indiana said in a statement that the deal would save the company from incurring more time and costs in pursuing the payment of the full award, which had increased to $121 million by last week as interest continued to accrue at the rate of $1 million per month.

Tanzania had delayed payment as it sought annulment of the award in lengthy proceedings at the World Bank-affiliated tribunal which, according to Indiana, will only be concluded once it receives the full settlement sum.

Under the agreement reached on July 29, payment modalities will be in three instalments, with the first sum of $35 million already paid by Tanzania.

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Another $25 million is expected by October 25, and the final disbursement of $30 million by the end of March 2025.

Indiana Resources executive chairman Bronwyn Barnes said the company reserved the right to “recommence” the annulment process at ICSID “if for any reason Tanzania defaults on the agreed subsequent instalment payments.”

“This includes our right to pursue enforcement activities, which would involve the seizure of Tanzania’s assets in any jurisdiction that is a member of the World Bank,” Ms Barnes added.

Earlier this month, the Australian Securities Exchange granted Indiana Resources’ request for a temporary suspension of trading on its shares on the bourse in anticipation of the expected settlement with Tanzania. 

The deadline for the suspension was July 29.

This was the second such settlement between Tanzania and international firms that filed for ICSID arbitration after their mining licences were controversially revoked by the John Magufuli government in 2018.

In October 2023, Tanzania made a one-time $30 million payment to Canadian firm Winshear Gold Corp to conclude their case out of court.

Read: Mining firms in Tanzania on the spot over royalty fees

The Vancouver-based company was claiming at least $96 million in damages for the expropriation of its retention licence for a goldmining project in southwestern Tanzania.

A third company, Montero Mining and Exploration Ltd also of Canada, is currently suing Tanzania at the ICSID for $67 million for compensation after its licence to operate a rare earth element project in Morogoro region was cancelled.

The case is pending at the Washington DC-based tribunal, with the last mention in January this year.

The Magufuli administration based its actions on new mining laws that scrapped retention licences for foreign investors, with the stated intention of safeguarding sovereign control over Tanzania’s mineral resources.

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Tanzania Sees Active Economic Surge

TANZANIA: TANZANIA is experiencing a transformative economic surge, driven by new infrastructure projects and strategic investments that are positioning the country as a burgeoning hub for regional commerce and innovation.

The nation’s economy has rebounded strongly, with a growth rate of 5.1 per cent in 2023, up from 4.7 per cent in 2022, according to the Minister of State in the President’s Office for Planning and Investment, Professor Kitila Mkumbo.

Presenting the state of the economy in Parliament in June, Prof Mkumbo highlighted that the Gross Domestic Product (GDP) reached 148.39976tri/-, up from 141.24719tri/- in 2022.

He attributed the growth to various government initiatives, including measures to mitigate the economic impact of the Ukraine-Russia war, as well as significant investments in energy, water, health, education and transportation infrastructure.

Additionally, increased mineral production, particularly in gold and coal and a rise in private sector loans have also fuelled economic activities.

Despite this progress, the GDP growth rate of 5.1 per cent fell slightly short of the annual target of 5.2 per cent due to challenges such as rising production costs, climate change effects on agriculture and damage to infrastructure, including bridges and roads.

Furthermore, aggressive monetary policies by developed countries to combat inflation have led to higher borrowing costs from international financial markets, impacting production activities.

Looking ahead, Tanzania’s economy is projected to grow by 5.6 per cent this year, with a long-term potential of around 6.0 per cent.

This optimistic outlook is supported by an improving business environment and ongoing structural reforms.

Enhanced investment in the agriculture sector, which employs three-quarters of the population, is expected to further reduce poverty in the medium term.

Tourism, now surpassing pre-pandemic levels, is another key driver of growth. According to Bank of Tanzania (BoT) data, tourism earnings reached 2.999 billion US dollars for the year ending July 2023, up from 1.95 billion US dollars in the same period of 2022.

ALSO READ: Tanzania’s economy spurs Russian ties

Inflation remained stable at 3.10 per cent in June, supported by tight monetary policies and stable food and energy prices. However, the Tanzanian shilling depreciated by 8 per cent in 2023 due to foreign exchange shortages.

The fiscal deficit slightly decreased from 3.6 per cent of GDP in 2021/22 to 3.5 per cent in 2022/23, managed through expenditure controls and financed by both external and domestic borrowing.

Tanzania’s recent economic growth aligns closely with the objectives outlined in the Third Five-Year Development Plan (FYDP III) and the ruling party’s CCM 2020-2025 election manifesto.

The FYDP III, running from 2021 to 2026, aims to transform Tanzania into a middle-income country through strategic investments in infrastructure, industry and human capital.

Key projects under this plan include expanding the Standard Gauge Railway (SGR), modernising ports, airports, road networks and investing in energy and water infrastructure.

Similarly, the ruling party’s election manifesto emphasises sustainable economic development through initiatives that support the Five-Year Plan’s goals.

This includes prioritising economic growth, increasing agricultural productivity, advancing industrialisation and enhancing social services such as health and education.

Recent economic data, including the 5.1 per cent GDP growth in 2023, reflect progress towards these goals.

The growth results from strategic government investments, increased mineral production and a more active private sector, all in line with the FYDP III and the ruling party’s vision.

Despite challenges like rising production costs and climate change, Tanzania’s economic policies remain focused on achieving the targets set forth in the development plan and manifesto, aiming for sustained growth and development.

Transformative investments in infrastructure are driving Tanzania’s economic growth.

Projects such as the standard gauge railway are expected to link neighbouring landlinked countries like Rwanda, Burundi and the Democratic Republic of Congo with the port of Dar es Salaam.

Additionally, several major infrastructure projects are underway these include Julius Nyerere Hydropower Project (JNHPP): Located along the Rufiji River.

This project is expected to generate 2,115 MW of electricity to address the energy deficit and support industrialisation efforts.

Financed domestically, the 2.9 billion US dollars project is in its final stages, with three turbines already generating 662 MW.

The other flagship project is the Kigongo-Busisi Bridge: Also known as the Mwanza Gulf Bridge, this 3.2-kilometre bridge, named after fifth phase President the late John Magufuli, is expected to be the longest bridge in Eastern and Central Africa and the sixth longest in Africa. It links Kigongo in Mwanza Region to Busisi in Geita Region, with an estimated cost of 716.3bn/-.

East African Crude Oil Pipeline Project (EACOP) is another notable project being implemented by the government.

A joint venture with Uganda, this project will transport oil from Uganda’s Lake Albert oilfields to the port of Tanga in Tanzania, where it will be exported to global markets.

These investments are set to enhance trade, improve connectivity and boost business opportunities, further solidifying Tanzania’s position as a key player in regional economic growth.

Source: allafrica.com

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Tanzania: State Out to Tame Abduction, Hoax News

The government has issued its stance to tame ongoing wave of children kidnappings and contain the spread of unverified information through social media, causing tension among the general public.

Recently, there have been various incidents of crime reported in the media and spread through the social networks regarding various allegations of criminal activities involving disappearance and kidnapping of children.

These reports have shown some of these children being subjected to cruel acts, leading to their deaths.

Speaking in Dar es Salaam, on Sunday the Minister for Home Affairs, Engineer Hamad Masauni, assured the citizens that the government will continue to take action against those found to be involved in any way, in these criminal incidents and those spreading misinformation through the social media.

“The government under President Samia Suluhu Hassan leadership does not condone any acts of crime being perpetrated against our children, because not only are these acts evil, but they also go completely against the culture of our nation, known for its humanity, civility, peace and tranquility,” said Eng Masauni.

He said that there are a few examples of some of the actions taken against those found to be involved in such crimes, including an event on July 25th this year, when the Police Force reported that two children had gone missing and after investigation, it was revealed that the children had been taken by their biological father and were in Kenya.

Another incident is the case reported at the Oyster Bay Police Station in Dar es Salaam, regarding the disappearance of a child on July 12th this year.

After Police investigation, the child was found in Mikumi, Morogoro Region, where he had been taken from school by a domestic worker who had previously worked for the child’s family.

Eng Masauni said that the Police Force is continuing with investigations into all those involved in such criminal acts and will take swift legal action against anyone found to be involved in such crimes.

He also stated that the Police Force will take action against those found to be involved in disseminating false information regarding crimes, such as disappearances and kidnappings of children, causing tensions and fear among members of the public.

He stated that, “It should be remembered that spreading false, unverified and unsubstantiated information is a legal offence and if discovered, legal action will be taken against you.”

He pointing out that the government has come up with strategies to mitigate the incidents. Eng Masauni stated that the government, through the Police Forces in collaboration with other ministries and security organs, are prepared to implement those strategies to control these incidents.

He pointed out that among the strategy the government came out with, includes increasing public education on providing good care and protection for children.

ALSO READ: Samia saddened by toddler killing, Police arrest four

“In this regard, we will reinforce the efforts of the Community Policing nationwide and also work closely with the Ministry of State President’s Office Regional Administration and Local Government, the Ministry of Community Development, Gender, Children and People with Disabilities, the Ministry of Constitution and Legal Affairs, and special education to reach and educate the public more easily,” said Eng Masauni.

Additionally, he said that the Police Force will enhance regular patrols and prioritise actionable intelligence from law-abiding citizens, including speeding up the response when such incidents are reported to the force.

Furthermore, he added that the government will ensure expedited investigations into all cases involving suspects, who are found to be involved in crimes against children so that stringent legal measures can be taken promptly.

Eng Masauni urged citizens to cooperate with the government, especially the police force, by providing information that will help in apprehending all suspects involved in criminal activities in the country.

Source: allafrica.com

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Tanzania yakubali kuilipa Indiana Resources fidia ya Sh237 bilioni

Dar es Salaam. Serikali ya Tanzania imekubali kuilipa kampuni ya Australia, Indiana Resources Limited fidia ya Dola milioni 90 za Marekani (sawa na Sh237 bilioni), baada ya kuafikiana kutokana na kampuni hiyo kunyang’anywa mradi wa Ntaka Hill Nickel wa madini ya sulfidi ya nikeli ulioko mkoani Lindi.

Awali, katika uamuzi uliotolewa Julai 14, 2023 na Kituo cha Kimataifa cha Usuluhishi wa Migogoro ya Uwekezaji (ICSID) uliitaka Tanzania kuilipa Indiana Resources fidia ya Dola milioni 109 za Marekani (Sh260 bilioni), baada ya kujiridhisha uwepo wa ukiukwaji wa mkataba wa uwekezaji katika mradi wa Nikeli wa Ntaka Hill mwaka 2018.

Serikali pia ilitakiwa kulipa fidia ya Dola milioni 76.7, sanjari na riba ya asilimia mbili iliyokokotolewa kuanzia Januari 10, 2018 baada ya kufunguliwa kesi hiyo, hivyo kufanya jumla ya fidia kuwa Dola milioni 109.5 (sawa Sh260 bilioni kwa sasa).

Hata hivyo, kwa mujibu wa taarifa iliyotolewa na Indiana Resources Limited leo Jumatatu Julai 29, 2024 kiasi walichoafikiana kulipwa ndio hicho na hadi sasa, Tanzania imeshatoa malipo ya Dola milioni 35 (Sh94.5 bilioni).

Mwanasheria Mkuu wa Serikali, Dk Eliezer Feleshi alipoulizwa kuhusu taarifa hiyo na gazeti la The Citizen, alijibu kwa kifupi, “Ndio, ni kweli.”

Taarifa hiyo imeeleza kuwa kampuni hiyo imekubali ofa kutoka Tanzania ambayo ni chini ya kiasi cha awali kilichotolewa na ICSID ambacho kilikuwa takriban Dola milioni 109 za Marekani, ili kuokoa muda na gharama za kufuatilia kesi za kubatilisha au usuluhishi na shughuli za utekelezaji.

“Tanzania itahitajika kukamilisha kiasi kilichobaki katika awamu mbili, Dola milioni 25 ifikapo Oktoba 25, 2024 na Dola milioni 30 ifikapo Machi 30, 2025.

Chanzo cha mgogoro

Mgogoro kati ya Indiana Resources na Tanzania ulitokana na mabadiliko ya Sheria za Madini za Tanzania mwaka 2017 na 2018.

Januari 10, 2018, kupitia kanuni zake za Haki za Madini za 2018, Tanzania ilitangaza kuwa leseni zote za uhifadhi zilizotolewa kabla ya tarehe ya kuchapishwa kwa kanuni hizo zilifutwa na zitakoma kuwa na athari za kisheria.

Leseni hizo zilikoma kuwa na athari yoyote ya kisheria. Haki za maeneo yote yaliyokuwa chini ya leseni hizo ikiwa ni pamoja na leseni iliyokuwa kwa Indiana Resources zilihamishiwa kwa Serikali.

Hali hiyo iliathiri leseni ya uhifadhi ya Indiana Resources kwa mradi wa Ntaka Hill Nickel, uchunguzi na maendeleo ya madini ya sulfidi ya nikeli huko mkoani Lindi na kampuni hiyo ilikadiria thamani ya jumla ya hadi Dola milioni 217.

Leseni za uhifadhi ziliruhusu kampuni kumiliki baadhi ya maeneo yenye madini bila kuendeleza pale ambapo kulikuwa na vikwazo vya kiufundi, hali mbaya ya soko au sababu nyingine za kiuchumi.

Hata hivyo, Serikali ilieleza kuwa utaratibu huo ulikuwa wa kinyonyaji, kwani kampuni zingeshikilia maeneo makubwa bila kuyaendeleza au kuruhusu nchi kupata manufaa yoyote.

Kwa mujibu wa Indiana iliyokuwa ikimiliki asilimia 62.4 ya hisa za kampuni mbili za Ntaka Nickel Holdings Ltd na Nachingwea UK Limited, zilijaribu kuishawishi Serikali kurejesha leseni hiyo, lakini haikufanikiwa hadi mwanzoni mwa mwaka 2020 ndipo ikawasilisha ombi la fidia ICSID.

Utekelezaji wa haraka wa kanuni hiyo uliigharimu nchi kwa kiasi kikubwa katika usuluhishi, kwani kampuni nyingi ikiwamo Indiana Resources zilidai kuwa zilipata hasara kubwa za kibiashara kutokana na uamuzi wa Tanzania ambao unalingana na kunyang’anywa kwa haki kinyume cha sheria.

Kampuni hizo zilifungua kesi hiyo ya ukiukwaji wa makubaliano ya Mkataba wa Uwekezaji wa Tanzania (BITs) kati ya Tanzania na Uingereza chini ya uwekezaji wa kampuni hizo mbili za Uingereza.Continue Reading