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ReplyDeleteBENJAMIN MENGI ARRESTED FOR THEFT Posted: Friday, April 11, 2008 2:33 PM
ReplyDeleteBENJAMIN MENGI ARRESTED FOR THEFT‘ANTI GRAFT’ KIKWETE GOVERNMENT CONDONES VIOLENCE AND THEFT OF LAWFUL INVESTMENT FROM BRITISH INVESTORS BY BENJAMIN MENGIIn May 2004 Benjamin Mengi (brother to IPP Media owner and Chief Executive Officer Reginald Mengi) and his wife Millie Mengi through their company Fiona Tanzania Ltd, assigned the lease to Silverdale & Mbono Farms in the Hai District of the Kilimanjaro Region, to Silverdale Tanzania Ltd. On inception of the latter, Mengi held 30% of the issued share capital and British Investor Stewart Middleton 70%. On an increase in share capital a year later, Middleton held 149 shares and Mengi 1 share. In 2004, Mengi was removed as a director of Silverdale Tanzania and in May 2006, the lease to the farms was sold to Songwe Estates Ltd a company owned wholly by Stewart Middleton and two Tanzanians. As a matter of law, Mengi owns no interest in Songwe Estates Ltd and is not a director of Silverdale Tanzania Ltd with all the required documents having been filed at Companies House in Dar es Salaam, paid for and formally receipted in accordance with the laws of Tanzania. In April 2005, Mengi demanded that Middleton hand him back the lease to the farms on the basis that he had not been paid in full. This despite, Mengi having signed a receipt for the full receipt of all monies owed to him.When Middleton refused, a campaign of violence, harassment intimidation and vexatious court proceedings were unleashed against the investor, his staff and his wife, ending in death threats and threats of beheadings leading them to flee the country on 14th February 2008. At no time, has the Tanzanian government taken any steps to apply the rule of law to Mengi’s behaviour. Former Minister of Justice Dr. Mary Nagu having stated to an employee of Songwe Estates Ltd, that she ‘…wished to resolve the matter in a manner that protected the Mengi family name’. Cleary, that has been done as Mengi has now unlawfully invaded the farms using Zimbabwe style tactics being condoned by the Tanzanian government.Three days after the investors fled for their lives, Benjamin Mengi and Anold Kimaro, together with Askaris armed with truncheons and hunting knives accompanied by members of the Moshi Police, came to the main gate of Silverdale Farm. Mengi cut the lock to the main gate and evicted the investor’s staff from the farm and the caretaker Mr. Paul Deodat Mtenga who was authorised by the company to remain on the property until the investors returned.Mengi brought tractors to the farm and ploughed 100 acres which he then sub-let to the Board Members of the Kyeri, Shari and Uswa Mamba co-operative societies who were fully aware that Mengi did not own the lease to the farms having approved the assignment in writing and having accepted rent from the British investor.Further, on or around 27th February 2008, Benjamin Mengi, broke into the investors house with his staff member Urasa and several armed Askaris. Mengi cut the lock to garden gate and then forcibly entered the house by the rear door to the kitchen and removed items of the investor’s property including their personal computer, a cooker, printer and various household items. Witnesses state Mengi placed the items in his personal vehicle and removed them from the farm. Mengi admitted the theft to the police and boasted that he had accessed all the investor’s personal data on the computer and had made it available to President Kikwete at State House.Mengi was arrested by the police for theft and given police bail (investigation number MOS/IR/2344/08, MOS/RB/2944/08).Despite Mengi’s admission to the criminal conduct and four witnesses statements Regional Police Commander Ng’hoboko has stated to the British Government that he will not charge Mengi for the theft as ‘…..he is looking after the property for the investors whilst they were out of the country’. Ng’hoboko has not spoken to the investors. The RPC further stated to the British Government, that Mengi had a right to commit the criminal activity as ‘he was a director of Silverdale Tanzania Ltd’ and that the investors should go to court to show that he was not. He also stated that given the lease to Silverdale and Mbono Farms was not registered, it is not legal and therefore, Mengi’s present occupation of the farm, destruction of the trees, theft of building materials and assets was legal as ‘Mengi is a director of Silverdale Tanzania Ltd’.It is indeed impossible to understand how a Police Officer, no matter how senior he is, acting independently when such unlawful and arbitrary decisions are made in respect of Benjamin Mengi’s clear criminal conduct. However, what is clear is that Ng’hoboko is complicit, together with the government of Tanzania in affording Benjamin Mengi and his associate’s clear immunity from criminal liability.Ng’hoboko further stated to the British Government that the investors, ‘..should hire a local lawyer to defend their interests in respect of Mengi’s conduct’. However, Ng’hoboko does not refer to the section of the penal code, which negates any police action for criminal conduct when it involves Benjamin Mengi. Clearly, Ng’hoboko is protecting the interests of Benjamin Mengi n abuse of law. Even if, Mengi were a director of Silverdale Tanzania Ltd and even if, Silverdale Tanzania Ltd owned the lease to the farms, it is for Mengi to show his authority to justify his criminal behaviour after arrest and charge for criminal trespass and theft. Seemingly, the criminal law does not apply to Benjamin Mengi.There can be no clearer evidence by this latest abuse by the police and the Tanzania government’s refusal to address Mengi’s criminal conduct, that the investors had no choice than to leave the country to protect their lives.All of the documents included in this report have been made available to the police and Tanzanian government at the highest level and shows how serious the abuse against the investors is and, the clear corruption engaged in by the Regional Police Commander in Moshi.A full account of the history of Benjamin Mengi’s criminal activity in respect of his frenzied and criminal attempts to extort money from the investors and steal the lease to Silverdale & Mbono Farms can be read at the British parliamentary Hansard reports at http://www.theyworkforyou.com/whall/?id=2008-02-27a.272.0&s=speaker%3A10217#g272.1For four years, the Tanzanian government has ignored the British governments requests for a fair resolution of this case. The Tanzanian High Commissioner to UK Mwanaidi Majaar stated to the BBC in February 2008 that, ‘ the investors had left the country of their own free will and not because of any threats’. The High Commissioner has never met the investors and her comment therefore gives some insight into the attitude of the Tanzanian on the rule of law in respect of Benjamin Mengi. The Tanzanian government refuses to register the investor’s lease in accordance with the laws of Tanzania and refuses to intervene in the abuses against the investors despite the fact that the constitution requires it to do so.Mr. Middleton has been arrested twice and imprisoned once for charges that do not exist under the Penal Code of Tanzania. On his second arrest, Mr. Middleton was thrown into a public cage outside of the High Court in Moshi whilst Mengi and RPC Kighondo, laughed at him outside calling him a common criminal. The police have not recovered the personal property of the investors; no doubt, Mr. Mengi will be ‘looking after it for them’. 9th April 2008.
jamani wizi utaisha lini?
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