FORMER chief executive officer of the Tanzania Building Agency (TBA), Makumba Kimweri and its principal architect, Richard Maliyaga, permitted construction of a 18-storey building that peeps the State House without first obtaining the consent of the relevant authorities.

This was said by a prosecutor from the Prevention and Combating of Corruption Bureau (PCCB), Bernard Swai, recently at the Kisutu Resident Magistrate's Court in Dar es Salaam, when presenting a memorandum of facts of the case detailing how the two accused persons committed the offences they are charged with.

The two were arraigned for the first time on July 17, this year, charged with abuse of office for allowing Royalle Orchard Inn Limited to construct a commercial-cum-residential building on plots number 45 and 46 on Chimara street, near the State House, within Ilala municipality, in the city of Dar es Salaam.

During presentation of the facts, Mr Swai told Senior Resident Magistrate, Ms Sudi Fimbo, that the area where the plots are located was planned and intended for the development of buildings with three to six floors only and the area was solely for residential purposes.

"Since the area was planned for construction of buildings with three to six floors and was only intended for residential use, the act by the accused persons to permit construction of an 18-storey building for both residential and commercial purposes was against the law," the prosecution alleged.

According to the prosecution, the two accused authorized commencement of construction works without obtaining the plan consent and without applying for change in land use, thus contravening Section 29 and 32 of the Urban Planning Act number 8 of 2008.

"The first accused (Kimweri) entered into contract without undertaking a feasibility study of the intended project, which is in contravention of Regulation 74 (4) of the Public Procurement Regulations," the trial attorney further told the court.

"The accused persons have abused their positions under Section 31 of the Prevention and Combating of Corruption Bureau Act by way of violation of the law when performing their duties," he added.

After reading the memorandum of facts, Mr Swai informed the court that the prosecution would call 13 witnesses to prove the charges against the two accused and would tender about 20 exhibits. The magistrate adjourned the trial to August 7, this year, for hearing.

On the first appearance of the accused person, the prosecution had alleged that on August 6, 2007, at the TBA offices in the city, the chief executive of the Agency (Kimweri) abused his position by signing two joint-venture agreements between TBA and Royalle Orchard Inn Limited.

It alleged further that the agreement had the effect of establishing a public-private partnership for the construction and ownership of the building on the plots in question, without conducting a feasibility study of the project. Such act, the prosecution said, was against the Public Procurement Act.

The prosecution told the court further that on July 21, 2008, at the Agency's offices, being the principal architect of TBA, Maliyanga intentionally abused his position by issuing a construction permit allowing the company to construct the 15-storey building on the said plots without the consent of the municipality.

On April 9, 2009, while discharging his duties in his office, Maliyaga allegedly issued another construction permit authorizing the company to extend construction of the commercial building from 15 to 18 storeys without first securing the consent of relevant planning authorities from Ilala municipality.
 

Posted on : 30 Nov,-0001