The Chinese Government has recommended
that Chinese Harbour Engineering Construction Company (CHEC) undertake
the expansion of Dar es Salaam Port.
The ‘Daily News’ has established that
CCCC Limited has finally decided not to take part in the project and to
withdraw its case before the High Court.
The project came under
Parliament scrutiny last year, contributing to the removal of the former
Minister for Transport, Mr Omari Nundu, and his deputy, Mr Athumani
Mfutakamba, from the Cabinet.
“The Chinese Embassy has proposed a
suitable company to undertake the assignment,” a Counsel for the CCCC,
Ms Anna Marealle, told the ‘Daily News’ in Dar es Salaam shortly after
Judge Agnes Bukuku, granted her application for the withdrawal of the
case.
She named the company as Chinese Harbour Engineering Construction
Company (CHEC) Limited.
According to her, the company has been
proposed to undertake the construction works, following a concession
reached at a high level meeting between the government and other
stakeholders.
“Our clients (CCCC) have agreed that they are not
qualified to undertake the project. We found that proceeding with the case
will not serve the interest of the nation and the project itself,” the
counsel told the court, when applying for the withdrawal of the case.
The CCCC had gone to seek court’s redress, contesting the decision by
the Tanzania Ports Authority (TPA) to award the tender for expansion
works at the port to another company.
The respondents in the case were the TPA
and the Permanent Secretary in the Ministry of Transport. Advocate
Peter Kibatala, for the TPA, could not object to the withdrawal of the
case, but requested the Court to grant his clients costs following the
substantial work that has been done before the request for the
withdrawal of the matter was made. “It is a question of logic.
The (TPA) was brought to court by the
applicant (CCCC). I come from private law firm and legal fees have been
paid. Counter affidavit to the application and notice of objection have
been filed. We strongly object to any waiver of costs,” he submitted.
But in her brief ruling, Judge Bukuku
granted the request for the withdrawal of the case by the CCCC and the
notice of objection raised by TPA, but declined to award costs to the
latter, saying that “each party will bear its costs.”
In its application
filed before the court on December 28, last year, the CCCC had sought
orders restraining the TPA from calling for the tenders and, or awarding
of the contract for Engineering Procurement and Construction (EPC) of
berth number 13 and 14 at the port.
The application was filed under
certificate of urgency on grounds that the TPA may call for new tenders
and award the commercial contract to other firms other than the Chinese
Construction Company in total prejudice of its rights and interests.
It claimed to have incurred some costs
during the preparations, including carrying out a study covering
technical details, financial requirements and legal framework within
which the project was to be implemented and had allegedly invested
523,131,015.97 US dollars.
But for undisclosed reasons, the TPA
expressed its intention to terminate the contract and was in the process
of appointing another contractor to execute the said expansion works,
purportedly acting under directions of the Public Procurement Regulatory
Authority.
Source: The Daily News, www.dailynews.co.tz, reported Faustine Kapama in Dar es Salaam
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