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Annual general report of the controller and - Parliament of Tanzania

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aired without raising Broadcasting Commercial Orders as<br />

required by Sect. 5.2.4.3 <strong>of</strong> <strong>the</strong> TBC Accounting Manual<br />

6.12 <strong>Tanzania</strong> Ports Authority (TPA)<br />

6.12.1 Poor Performing <strong>of</strong> Leased Container Terminal<br />

TPA Container Terminal was leased to a private operator<br />

M/s <strong>Tanzania</strong> International Container Terminal Services<br />

(TICTS) since May, 2000. Initially, <strong>the</strong> lease agreement was<br />

to last for a period <strong>of</strong> ten years. However, towards <strong>the</strong> end<br />

<strong>of</strong> year 2005, <strong>the</strong> lease agreement was extended for<br />

ano<strong>the</strong>r term <strong>of</strong> fifteen years vide Addendum No.2<br />

However, upon evaluation <strong>of</strong> <strong>the</strong> lease performance for <strong>the</strong><br />

year ended 31.12.2007, <strong>the</strong> Lessor was dissatisfied with <strong>the</strong><br />

Lease’s performance, <strong>and</strong> having being dissatisfied with <strong>the</strong><br />

explanations given to account for poor performance (failure<br />

by <strong>the</strong> Lease to attain targets beyond 25%) decided to issue<br />

a letter <strong>of</strong> intention to terminate <strong>the</strong> lease agreement as<br />

per clause 7.4.2 (2) <strong>of</strong> <strong>the</strong> lease agreement.<br />

After tabling <strong>the</strong> matter before <strong>the</strong> Government, <strong>the</strong> two<br />

parties were advised to settle <strong>the</strong> matter by reviewing <strong>the</strong><br />

agreement <strong>of</strong> which <strong>the</strong> leasee refused; <strong>the</strong> negotiation<br />

committee had to revert <strong>the</strong> matter back to <strong>the</strong><br />

Government for fur<strong>the</strong>r guidance <strong>and</strong> or determination.<br />

One <strong>of</strong> <strong>the</strong> challenges was <strong>the</strong> congestion at <strong>the</strong> container<br />

terminal which was attributed by shortage <strong>of</strong> container<br />

h<strong>and</strong>ling equipment caused mainly by operator’s reluctance<br />

to invest in modernization <strong>of</strong> <strong>the</strong> terminal.<br />

The management should continue to ensure that <strong>the</strong> lease<br />

agreement come to an end on <strong>the</strong> basis <strong>of</strong> poor<br />

performance. With <strong>the</strong> increased containerization cargo,<br />

<strong>the</strong> exclusivity by TICTS to h<strong>and</strong>le all cellular ships should<br />

be lifted to allow o<strong>the</strong>r operators to h<strong>and</strong>le containerized<br />

cargo.<br />

___________________________________________________________<br />

Office <strong>of</strong> <strong>the</strong> Controller <strong>and</strong> Auditor General PA&oBs 2007/08 119

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