State gives details against former TBC boss
THE prosecution yesterday presented more particulars showing how the former Director General with the Tanzania Broadcasting Corporation (TBC), Tido Mhando, committed five counts of abuse of position, leading to loss of state funds amounting to over 887m/-.
Before Senior Resident Magistrate Victoria Nongwa at the Kisutu Resident Magistrate’s Court in Dar res Salaam, State Attorney Dismas Mganyizi alleged that as DG at TBC, Mhando was the accounting officer, responsible in supervising all activities, including signing contracts on behalf of the corporation.
He charged that on June 16, 2008, while in Dubai, United Arab Emirates, on behalf of TBC, Mhando, who is currently Chief Executive Officer of the Azam Media Limited, signed a joint venture agreement for operating and broadcasting TV programmes between the TBC and Channel 2 Group Corporation. According to the prosecution, the act of the accused to sign the agreement without an invitation for tender was not known to anyone at TBC, including Legal Secretary, Board of Directors, Attorney General’s Chambers Office and Ministry of Information, Culture, Youth and Sports.
On June 20, 2008, Mhando, while in Dubai, on behalf of TBC allegedly signed Head of Agreement for Digital Terrestrial Broadcasting between TBC and Channel 2 Group and that it is claimed that he made such transaction without invitation of tender known to others.
The trial attorney alleged that between August 11 and September 4, 2008, the ex-TBC boss, while in Dubai signed on behalf of the corporation Addendum to Heads of Agreement for purchase, supply, instal, transmission equipment and broad towers between TBC and Channel 2 Group. Such act, it is alleged, was not known to anyone.
It is claimed that on November 16, 2008, Mhando while in Dubai signed Addendum to Head of Agreement for operation of Digital Terrestrial Television (DTT) broadcast infrastructure between the said two companies without invitation of tender.
The court heard further that the act of the accused was made without being known by others. It is alleged by the prosecution that all such agreements were not performed due to the fact that TBC under the directorship of Mhando, had contract with Star Communication Network Technology. Trial attorney told the court that the documents for such agreements were not handed over by Mhando when he was leaving TBC.
The non-performance of the agreements in question, Channel 2 Group, via his arbitrator called Zaiwalla and Company solicitor of London, served a notice of arbitration to TBC. In the notice, the company was claiming 1,219,393,175 US dollars. The prosecution alleged that the act of the accused of signing the agreements without invitation of tender is contrary to section 31 of the Public Procurement Act No. 21 of 2004, hence, abuse of position.
According to the prosecution, following the act of the accused of signing the agreements without following the requirements of the law, caused TBC to suffer a pecuniary loss of 887,122,219/19.
In his response to the prosecution’s particulars, Mhando admitted only to his name and position in TBC. He also admitted to have been interrogated by the Prevention and Combatting of Corruption Bureau (PCCB) and that he was brought to court on January 26, 2018, but he vehemently denied the charges and supervising all activities when he was with the corporation.
Before Senior Resident Magistrate Victoria Nongwa at the Kisutu Resident Magistrate’s Court in Dar res Salaam, State Attorney Dismas Mganyizi alleged that as DG at TBC, Mhando was the accounting officer, responsible in supervising all activities, including signing contracts on behalf of the corporation.
He charged that on June 16, 2008, while in Dubai, United Arab Emirates, on behalf of TBC, Mhando, who is currently Chief Executive Officer of the Azam Media Limited, signed a joint venture agreement for operating and broadcasting TV programmes between the TBC and Channel 2 Group Corporation. According to the prosecution, the act of the accused to sign the agreement without an invitation for tender was not known to anyone at TBC, including Legal Secretary, Board of Directors, Attorney General’s Chambers Office and Ministry of Information, Culture, Youth and Sports.
On June 20, 2008, Mhando, while in Dubai, on behalf of TBC allegedly signed Head of Agreement for Digital Terrestrial Broadcasting between TBC and Channel 2 Group and that it is claimed that he made such transaction without invitation of tender known to others.
The trial attorney alleged that between August 11 and September 4, 2008, the ex-TBC boss, while in Dubai signed on behalf of the corporation Addendum to Heads of Agreement for purchase, supply, instal, transmission equipment and broad towers between TBC and Channel 2 Group. Such act, it is alleged, was not known to anyone.
It is claimed that on November 16, 2008, Mhando while in Dubai signed Addendum to Head of Agreement for operation of Digital Terrestrial Television (DTT) broadcast infrastructure between the said two companies without invitation of tender.
The court heard further that the act of the accused was made without being known by others. It is alleged by the prosecution that all such agreements were not performed due to the fact that TBC under the directorship of Mhando, had contract with Star Communication Network Technology. Trial attorney told the court that the documents for such agreements were not handed over by Mhando when he was leaving TBC.
The non-performance of the agreements in question, Channel 2 Group, via his arbitrator called Zaiwalla and Company solicitor of London, served a notice of arbitration to TBC. In the notice, the company was claiming 1,219,393,175 US dollars. The prosecution alleged that the act of the accused of signing the agreements without invitation of tender is contrary to section 31 of the Public Procurement Act No. 21 of 2004, hence, abuse of position.
According to the prosecution, following the act of the accused of signing the agreements without following the requirements of the law, caused TBC to suffer a pecuniary loss of 887,122,219/19.
In his response to the prosecution’s particulars, Mhando admitted only to his name and position in TBC. He also admitted to have been interrogated by the Prevention and Combatting of Corruption Bureau (PCCB) and that he was brought to court on January 26, 2018, but he vehemently denied the charges and supervising all activities when he was with the corporation.
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