Annual general report of the controller and - Parliament of Tanzania
Annual general report of the controller and - Parliament of Tanzania Annual general report of the controller and - Parliament of Tanzania
equires records to be kept for a period of not less than five years from the date of completion of the contract and may be made available within a reasonable time during that period to the Minister and the Controller and Auditor General, the Authority or any other officer authorized by the accounting officer. (d) Approval for Disposal of the Property The Board of Trustee of NSSF on its 37 th meeting held on December 18 th , 2006 approved the award of this tender to the named bidder to purchase the Executive Apartments at ADA Estate Kinondoni area contrary to section 30 (d) of Public Procurement Act of 2004 which specifies that Tender Board shall be responsible for approving procurement and disposal by tender. It is our opinion that by virtue of the above section there is interference between Tender Board and Board of Trustees in discharging their mandatory responsibilities. (e) Profile of the Acquiring Company Seven Anchors Properties and Services Company limited, the company which purchased the property, was incorporated on 11 th day of October 2006 just three weeks prior to advertisement of sale of the apartments on 02-08 th November 2006. We are of the opinion that the Fund did not consider the company’s profile in terms of experience and existence in business operation in such a short time. Thus, casting doubts as to whether the company was formed specifically to undertake this transaction. (f) Sales Agreement The sales agreement included, inter alia, the following terms and conditions:- ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 158
(i) Selling price for the entire property is USD 6,510,000 equivalent to Shs. 8.5 billion; (ii) Down payment of 10% of selling price required to be paid within 15 days from the date of letter of award ( i.e. 10 th January 2007 ) and the remaining balance should be paid within 90 days from the date of the offer; (iii) All costs related to the transfer of the property to the purchaser’s name should be the latter’s responsibility; (iv) Responsibility for all matters related to cleanliness, security and insurance of the property immediately after payment of 10% of the selling price lies to the purchaser. The following irregularities, however, were observed on management and implementation of the sales agreement: � Signature on Sales Agreement The agreement for the sale of property was signed on 2 nd October 2007 by the purchasing company (Seven Anchors Company Limited) and returned to vendor (NSSF) whereby the later signed on 4 th October 2007. We, thus consider the agreement was signed without the presence of both parties and witnesses at the same time. Moreover, the contract was signed by Director of Planning Investments and Projects (DPIP), contrary to section 33 (h) of the Public Procurement Act of 2004 which requires the Chief Executive Officer to be responsible for signing of contracts for the procurement activities on behalf of procuring entity. ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 159
- Page 127 and 128: From the table above, the operation
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- Page 153 and 154: TANAPA. Furthermore, there was no e
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- Page 203 and 204: committed by TPB Staff during the p
- Page 205 and 206: have invested the amount in other v
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- Page 215 and 216: employees. The appraising system he
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equires records to be kept for a period <strong>of</strong> not less<br />
than five years from <strong>the</strong> date <strong>of</strong> completion <strong>of</strong> <strong>the</strong><br />
contract <strong>and</strong> may be made available within a<br />
reasonable time during that period to <strong>the</strong> Minister<br />
<strong>and</strong> <strong>the</strong> Controller <strong>and</strong> Auditor General, <strong>the</strong><br />
Authority or any o<strong>the</strong>r <strong>of</strong>ficer authorized by <strong>the</strong><br />
accounting <strong>of</strong>ficer.<br />
(d) Approval for Disposal <strong>of</strong> <strong>the</strong> Property<br />
The Board <strong>of</strong> Trustee <strong>of</strong> NSSF on its 37 th meeting<br />
held on December 18 th , 2006 approved <strong>the</strong> award <strong>of</strong><br />
this tender to <strong>the</strong> named bidder to purchase <strong>the</strong><br />
Executive Apartments at ADA Estate Kinondoni area<br />
contrary to section 30 (d) <strong>of</strong> Public Procurement Act<br />
<strong>of</strong> 2004 which specifies that Tender Board shall be<br />
responsible for approving procurement <strong>and</strong> disposal<br />
by tender. It is our opinion that by virtue <strong>of</strong> <strong>the</strong><br />
above section <strong>the</strong>re is interference between Tender<br />
Board <strong>and</strong> Board <strong>of</strong> Trustees in discharging <strong>the</strong>ir<br />
m<strong>and</strong>atory responsibilities.<br />
(e) Pr<strong>of</strong>ile <strong>of</strong> <strong>the</strong> Acquiring Company<br />
Seven Anchors Properties <strong>and</strong> Services Company<br />
limited, <strong>the</strong> company which purchased <strong>the</strong> property,<br />
was incorporated on 11 th day <strong>of</strong> October 2006 just<br />
three weeks prior to advertisement <strong>of</strong> sale <strong>of</strong> <strong>the</strong><br />
apartments on 02-08 th November 2006. We are <strong>of</strong> <strong>the</strong><br />
opinion that <strong>the</strong> Fund did not consider <strong>the</strong><br />
company’s pr<strong>of</strong>ile in terms <strong>of</strong> experience <strong>and</strong><br />
existence in business operation in such a short time.<br />
Thus, casting doubts as to whe<strong>the</strong>r <strong>the</strong> company was<br />
formed specifically to undertake this transaction.<br />
(f) Sales Agreement<br />
The sales agreement included, inter alia, <strong>the</strong><br />
following terms <strong>and</strong> conditions:-<br />
___________________________________________________________<br />
Office <strong>of</strong> <strong>the</strong> Controller <strong>and</strong> Auditor General PA&oBs 2007/08 158