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

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� Down Payment Down payment of USD 100,000 was paid on 16 th April 2007 that is three (3) months after the award instead of 15 days as per signed agreement. The amount so deposited was not equivalent to 10% of the selling price as per agreement. According to the agreement the deposit was supposed to be USD 651,000. The deposit was done vide cheque No. 487000454 dated 14/04/2007 issued by Mashreq Bank (Zabeel Branch) of P.O.Box 1250 Dubai, UAE into NSSF bank account No. 870-800-600-3900 at standard Chartered Bank, international house branch. Further on 14 th May 2007 the same bank deposited another down payment of USD 551,000 vide cheque no. 487000625 dated 14/5/2007 into same NSSF bank account at Standard Chartered Bank. Besides the buyer breaching second condition in the agreement which required payment of 10% of selling price within 15 days, it remained unusual and doubtful whether money laundering element existed, adding obscurity surrounding genuineness of the transaction. � Maintenance of the Property on Disposal According to the agreement, the buyer was supposed to be responsible for all matters related to cleanness, security and insurance immediately after payment of 10% of the selling price. The Fund, however, had incurred these expenses after payment of the deposit (i.e 14 th May, 2007) until the date of handling over of the property to the buyer (October 2008). � Non Compliance to Terms of Payments The agreement stipulated that after down payment of the 10% of the selling price, the remaining ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 160

alance (i.e. 90% of selling price) should be paid within 90 days from the date of the offer (i.e from 1 st November, 2007). However, payment of the balance was delayed for almost seventeen (17) months before being paid in September, 2008, causing the Fund to incur uncalculated loss in terms or exchange rate fluctuation and real earnings on investment. We could not judge why the fund did not terminate the contract despite that massive failure by the buyer to honor payment within the prescribed period of 90 days. 8.11 Irregular Sale of club Oasis by NSSF During the year under review, the Fund disposed of its properties located at plot No.489-517 block “J”, situated at Mbezi Beach, off African Road, Kinondoni, Dar es Salaam at total value Shs. 600 Million to M/s TILE FRESH Limited of Dar es Salaam. The property, referred to as Club Oasis Mbezi Beach, was initially acquired on 7 th August, 2003 from Tanzania Investment Bank limited at a cost of Shs. 350,000,000/= and subsequently handled over to the Fund on 30 th June, 2004. Transfer of the property was transferred to the Fund’s name on 5 th September, 2006. Our review over the transaction revealed some irregularities as shown hereunder: (a) Un-procedural Change of Buyer Management accepted changes of buyers from one Dr. Hawa Sinare to M/s Tile fresh limited, without the approval of the Board of Trustees. The change was effected following an undated letter, with no reference from Dr. Hawa Sinare. Further, M/s Tile Fresh Limited was incorporated on 22 nd of December 2004, just the same day when the ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 161

� Down Payment<br />

Down payment <strong>of</strong> USD 100,000 was paid on 16 th<br />

April 2007 that is three (3) months after <strong>the</strong> award<br />

instead <strong>of</strong> 15 days as per signed agreement. The<br />

amount so deposited was not equivalent to 10% <strong>of</strong><br />

<strong>the</strong> selling price as per agreement. According to<br />

<strong>the</strong> agreement <strong>the</strong> deposit was supposed to be USD<br />

651,000. The deposit was done vide cheque No.<br />

487000454 dated 14/04/2007 issued by Mashreq<br />

Bank (Zabeel Branch) <strong>of</strong> P.O.Box 1250 Dubai, UAE<br />

into NSSF bank account No. 870-800-600-3900 at<br />

st<strong>and</strong>ard Chartered Bank, international house<br />

branch.<br />

Fur<strong>the</strong>r on 14 th May 2007 <strong>the</strong> same bank deposited<br />

ano<strong>the</strong>r down payment <strong>of</strong> USD 551,000 vide cheque<br />

no. 487000625 dated 14/5/2007 into same NSSF<br />

bank account at St<strong>and</strong>ard Chartered Bank. Besides<br />

<strong>the</strong> buyer breaching second condition in <strong>the</strong><br />

agreement which required payment <strong>of</strong> 10% <strong>of</strong><br />

selling price within 15 days, it remained unusual<br />

<strong>and</strong> doubtful whe<strong>the</strong>r money laundering element<br />

existed, adding obscurity surrounding genuineness<br />

<strong>of</strong> <strong>the</strong> transaction.<br />

� Maintenance <strong>of</strong> <strong>the</strong> Property on Disposal<br />

According to <strong>the</strong> agreement, <strong>the</strong> buyer was<br />

supposed to be responsible for all matters related<br />

to cleanness, security <strong>and</strong> insurance immediately<br />

after payment <strong>of</strong> 10% <strong>of</strong> <strong>the</strong> selling price. The<br />

Fund, however, had incurred <strong>the</strong>se expenses after<br />

payment <strong>of</strong> <strong>the</strong> deposit (i.e 14 th May, 2007) until<br />

<strong>the</strong> date <strong>of</strong> h<strong>and</strong>ling over <strong>of</strong> <strong>the</strong> property to <strong>the</strong><br />

buyer (October 2008).<br />

� Non Compliance to Terms <strong>of</strong> Payments<br />

The agreement stipulated that after down payment<br />

<strong>of</strong> <strong>the</strong> 10% <strong>of</strong> <strong>the</strong> selling price, <strong>the</strong> remaining<br />

___________________________________________________________<br />

Office <strong>of</strong> <strong>the</strong> Controller <strong>and</strong> Auditor General PA&oBs 2007/08 160

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