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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and additional cost for management fees for the 41 weeks delay of the project was Euro 20,970.00 for installing 7 television transmission stations in Tanzania. We however noted that the payment was not certified by the Consulting Engineer since his contract had already expired. But in his brief to the incoming TBC management he indicated that TBC were the ones to be compensated for delay of the project not the other way round.Furthermore, the payment was not approved by the tender board although it was recommended by some members of management. 8.13 Mismanagement of contract for accommodation (hostel) services amounting to Shs. 69,490,000 by the Institute of Social Work The Institute for the year 2007/2008 entered the contracts worth Shs.69,490,000 with six Hostel service providers to accommodate students. As the hostels were acquired in different locations the Institute had to into another the other contracts for provision of transport services which might take the students to and from the College to the respective Hostel. On this Samaritan contract it was agreed that students who will apply and being agreed to live therein, had to repay the Institute so that the Institute might recoup the contract sum paid. Despite the fact that the contracts were entered and the Institute paid the contract sum, the total number of 58 students rejected to stay in the hostels as a result the institute was unable to recoup the total sum of Shs.36,650,000. 8.14 Weakness in management of lease agreement between the Instituteof Social Work and Mobitel (MIC) TZ limited The Institute entered into a twenty years lease agreement of Land (20m x 30 m) to Mobitel (MIC) TZ Limited effectively from 5 th May, 1998 for an annual rental of USD 6,000. Mobitel developed the land by erecting a tower and ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 164

a building. However, the following anomalies were noted in contracting and contract management: • Lack of a provision regarding review of rent It is obvious that with time value of money the value of USD 500 monthly rental charge of 1998 would not be the same with that of 2018 (20 years after). We noted that there was no provision to the contract that allow review of rent. However, correspondences show that there were initiatives from the institute geared at increasing rent up to USD12,000 per annum vide their letter dated 5 th July,2007 with reference No.ISW/AGC/M.32/37, the same had not been responded by Mobitel to date and no other efforts had been made since then. The absence of a clause regarding review of rent in the contract denies the Institutes right to review rental charges when deems necessary and therefore, lose an opportunity to explore potential sources of generating income. • Lack of the provision to demolish the Building, removal of resudial and the tower during the Expiry of the Contract We noted that Mobitel (MIC) erected a building on the Institute’s land and the tower which may still be in existence after 20 years of contract, but there is no provision in the contract which explain the ownership of such building in case the contract is terminated or expires and the responsibility for clearing of the land. • Other weakness In the letter NSWTI/AGC/M.32/17 of 19th October1998, ISW queried Mobitel to forward a copy of the agreement after Mobitel had signed. This shows that a contract was signed without presence of other party. Also, on 12/4/1999, ISW kept on claiming to MIC (T) LTD to present the copy otherwise the new contract would ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 165

a building. However, <strong>the</strong> following anomalies were noted in<br />

contracting <strong>and</strong> contract management:<br />

• Lack <strong>of</strong> a provision regarding review <strong>of</strong> rent<br />

It is obvious that with time value <strong>of</strong> money <strong>the</strong> value <strong>of</strong><br />

USD 500 monthly rental charge <strong>of</strong> 1998 would not be<br />

<strong>the</strong> same with that <strong>of</strong> 2018 (20 years after). We noted<br />

that <strong>the</strong>re was no provision to <strong>the</strong> contract that allow<br />

review <strong>of</strong> rent. However, correspondences show that<br />

<strong>the</strong>re were initiatives from <strong>the</strong> institute geared at<br />

increasing rent up to USD12,000 per annum vide <strong>the</strong>ir<br />

letter dated 5 th July,2007 with reference<br />

No.ISW/AGC/M.32/37, <strong>the</strong> same had not been<br />

responded by Mobitel to date <strong>and</strong> no o<strong>the</strong>r efforts had<br />

been made since <strong>the</strong>n. The absence <strong>of</strong> a clause<br />

regarding review <strong>of</strong> rent in <strong>the</strong> contract denies <strong>the</strong><br />

Institutes right to review rental charges when deems<br />

necessary <strong>and</strong> <strong>the</strong>refore, lose an opportunity to explore<br />

potential sources <strong>of</strong> generating income.<br />

• Lack <strong>of</strong> <strong>the</strong> provision to demolish <strong>the</strong> Building,<br />

removal <strong>of</strong> resudial <strong>and</strong> <strong>the</strong> tower during <strong>the</strong> Expiry<br />

<strong>of</strong> <strong>the</strong> Contract<br />

We noted that Mobitel (MIC) erected a building on <strong>the</strong><br />

Institute’s l<strong>and</strong> <strong>and</strong> <strong>the</strong> tower which may still be in<br />

existence after 20 years <strong>of</strong> contract, but <strong>the</strong>re is no<br />

provision in <strong>the</strong> contract which explain <strong>the</strong> ownership <strong>of</strong><br />

such building in case <strong>the</strong> contract is terminated or<br />

expires <strong>and</strong> <strong>the</strong> responsibility for clearing <strong>of</strong> <strong>the</strong> l<strong>and</strong>.<br />

• O<strong>the</strong>r weakness<br />

In <strong>the</strong> letter NSWTI/AGC/M.32/17 <strong>of</strong> 19th October1998,<br />

ISW queried Mobitel to forward a copy <strong>of</strong> <strong>the</strong> agreement<br />

after Mobitel had signed. This shows that a contract was<br />

signed without presence <strong>of</strong> o<strong>the</strong>r party. Also, on<br />

12/4/1999, ISW kept on claiming to MIC (T) LTD to<br />

present <strong>the</strong> copy o<strong>the</strong>rwise <strong>the</strong> new contract would<br />

___________________________________________________________<br />

Office <strong>of</strong> <strong>the</strong> Controller <strong>and</strong> Auditor General PA&oBs 2007/08 165

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