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
consider that this was inconsistent with the principle of highest thrift insisted in public spending because: • per diems were for official trips therefore since the beneficiaries were already back from their respective trips, there was no justification at all of paying the difference of per diems retrospectively. • EWURA being a public institution is bound by circulars issued by the Permanent Secretary Public Service Management and Treasury Registrar. Therefore, one wonders whether the approval given by the Minister to revise the per diem base currency from US dollar to Euro was proper given the fact that this responsibility of revising per diem for official trips is conferred to the PS-Public Service Management. 13.1.5 Low Fines Imposed on Fuel Adulteration During the year 2007/2008 a sample of 237 of petrol/diesel drawn from different petrol stations and depots were collected for testing. Out of the 237 samples tested, 138 samples being 58% were found to contain impurities (adulterated). We noted that fuel adulteration is influenced by various factors some of which are: • Kerosene is less taxed and also enjoys exemption of Shs 400 per litre which makes it attractive for unscrupulous dealers to take advantage of enrinching themselves through evasion of tax by mixing the resultant cheap kerosene with petrol/diesel. • The significantly low and maximum fines imposed on defaulting dealers which is Shs 1,000,000 and Shs 3,000,000 respectively per day for delay in settling the fine after service of the notice of default. We are of the opinion that given the current situation of the economy, the fine charged appears to be low and does not discourage perpetrators of fuel adulteration as ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 226
evidenced by fuel adulteration which is very high (i.e. above 50%). Furthermore, Section 42 (1) of the EWURA Act of 2001 (revised 2002) empowers the Authority to impose a fine not exceeding three million Shillings or subject to imprisonment for a term not exceeding five years or both to any person convicted of adulteration. However, the Authority appears to be too lenient to defaulters to impose the higher punishment. The fines being charged encourage adulteration practice as demonstrated in the proceding paragraph. If a petrol dealer takes 39,000 litres of kerosene and mixes with 61,000 litres of diesel which gives 100,000 litres of adulterated diesel, the sell of which results to a net gain of TShs. 15,600,000 ( i.e. Shs. 400 gain from exemption X 39,000 number of contaminated diesel litres) in case the dealer is not caught by EWURA’s officials. However, if the dealer is caught by EWURA’s officials, the fine charged is TShs. 3,000,000 which will reduce only 19% of the total gain by unscrupulous dealer. In other words, the unscrupulous dealer will still end up with a net gain of TShs.12,600,000 (i.e.TShs.15,600,000 - TShs.3,000,000) In such circumstances, fuel adulteration will continue unless EWURA takes strong measures including confiscation of the adultered fuel followed by imposing the maximum punishment which is both fine and imprisonment. 13.1.6 Payment of Per Diem and Accommodation Shs.171,175,219.03 We noted that Authority paid per diem and accommodation to its staff and Board members amounting to Shs. 171,175,219, when on official trips outside the country. The per diem paid is intended to cover full cost which is boarding and lodging costs. ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 227
- Page 195 and 196: gone in dispute which has not been
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evidenced by fuel adulteration which is very high (i.e.<br />
above 50%).<br />
Fur<strong>the</strong>rmore, Section 42 (1) <strong>of</strong> <strong>the</strong> EWURA Act <strong>of</strong> 2001<br />
(revised 2002) empowers <strong>the</strong> Authority to impose a fine not<br />
exceeding three million Shillings or subject to<br />
imprisonment for a term not exceeding five years or both<br />
to any person convicted <strong>of</strong> adulteration. However, <strong>the</strong><br />
Authority appears to be too lenient to defaulters to impose<br />
<strong>the</strong> higher punishment. The fines being charged encourage<br />
adulteration practice as demonstrated in <strong>the</strong> proceding<br />
paragraph.<br />
If a petrol dealer takes 39,000 litres <strong>of</strong> kerosene <strong>and</strong> mixes<br />
with 61,000 litres <strong>of</strong> diesel which gives 100,000 litres <strong>of</strong><br />
adulterated diesel, <strong>the</strong> sell <strong>of</strong> which results to a net gain <strong>of</strong><br />
TShs. 15,600,000 ( i.e. Shs. 400 gain from exemption X<br />
39,000 number <strong>of</strong> contaminated diesel litres) in case <strong>the</strong><br />
dealer is not caught by EWURA’s <strong>of</strong>ficials. However, if <strong>the</strong><br />
dealer is caught by EWURA’s <strong>of</strong>ficials, <strong>the</strong> fine charged is<br />
TShs. 3,000,000 which will reduce only 19% <strong>of</strong> <strong>the</strong> total<br />
gain by unscrupulous dealer. In o<strong>the</strong>r words, <strong>the</strong><br />
unscrupulous dealer will still end up with a net gain <strong>of</strong><br />
TShs.12,600,000 (i.e.TShs.15,600,000 - TShs.3,000,000)<br />
In such circumstances, fuel adulteration will continue<br />
unless EWURA takes strong measures including confiscation<br />
<strong>of</strong> <strong>the</strong> adultered fuel followed by imposing <strong>the</strong> maximum<br />
punishment which is both fine <strong>and</strong> imprisonment.<br />
13.1.6 Payment <strong>of</strong> Per Diem <strong>and</strong> Accommodation<br />
Shs.171,175,219.03<br />
We noted that Authority paid per diem <strong>and</strong><br />
accommodation to its staff <strong>and</strong> Board members<br />
amounting to Shs. 171,175,219, when on <strong>of</strong>ficial trips<br />
outside <strong>the</strong> country. The per diem paid is intended to<br />
cover full cost which is boarding <strong>and</strong> lodging costs.<br />
___________________________________________________________<br />
Office <strong>of</strong> <strong>the</strong> Controller <strong>and</strong> Auditor General PA&oBs 2007/08 227