Monday, November 30, 2015

PM - We're Determined to Deal With Tax Evaders

Prime Minister Majaliwa Kassim Majaliwa said yesterday the government will increse speed in identifying and taking action against individuals who evade paying tax.
Mr Majaliwa reiterated the government's determination at the 20th anniversary of the Coastal Diocese of the African Inland Church Tanzania (AINCT).
He said the aim of increasing speed against such people was due to a loss in the government's revenue as what was collected should be spent on the basic needs of all Tanzanians and not for a few people
"Some people believed that we were unable to do it, I would like to tell them that they should do away with that notion as we will deal with tax evaders.
"Some had the mentality that this administration is led by gentlemen, no we will play with them to the last minute. My fellow Tanzanians I call upon you to give us support in this war and pray for the fifth phase government," said Mr Majaliwa.
The statement comes a few days after the prime minister visited the Dar es Salaam port, where he suspended five officials of the Tanzania Revenue Authority (TRA), because of corruption and negligence claims.
Yesterday, Mr Majaliwa said prayers from Tanzanians would help leaders of the fifth phase government and people alike to realise the importance of their development and support for their government to realise and uncover the ongoing wrongdoings and take action against all those who were not diligent.
Speaking over the issue of the economy, Mr Majaliwa urged religious institutions to continue improving the lives of believers and Tanzanians in general including empowering them economically to form various groups of production.
He said once individual believers or groups are empowered economically, a church will also get strength economically and so will be the government for the development of the nation.
"As God blesses you, you should see the importance of strengthening this area of the economy for your believers," said Mr Majaliwa.

Tanzania: Magufuli Has Captured Our Imagination

Tanzania's new leader, John Pombe Magufuli, is fast becoming an international and social media sensation because of his no-nonsense approach to being his country's fifth president.
The hash tag #WhatWouldMagufuliDo, for instance, had Twitter enthusiasts share jokes about cost-cutting innovations around day-to-day problems.
Sworn in on November 5, President Magufuli has demonstrated that he wants a government that works for the common Tanzanian, as opposed to public officials that live large at the taxpayers' expense.
He has sacked a senior hospital boss, sliced foreign travel delegations, slashed the budget of a party to inaugurate the new parliament, cancelled national independence celebrations, and banned government Christmas cards - among others. What, he asked, is the use of lavish government parties when Tanzanians are dying of cholera?

Magufuli Demonstrates He's Not a Joker, Means Business

Public servants have been put on notice - change and serve the people or go. Only three weeks after being sworn in, President John Magufuli has already made clear that when he preached 'work and nothing else' in his campaigns, he meant it.
Though heads have not started rolling, but the directives which he has given in his first three weeks in office, have sent a clear message that business as usual syndrome would not be tolerated by Dr Magufuli's government. And, if people though that it is politicians from opposition who are going to suffer from the no nonsense head of the state, indications shows that first culprit of Dr Magufuli's quest for change will be those working in the government.
For one thing, Dr Magufuli has already indicated that he will not entertain spendthrift government. His decision to cut foreign travel by public officials except with permission from his office, as well as slashing of Bunge cocktail budget, has clearly showed what he meant by cost cutting measures. But, Dr Magufuli reinforced his message through the Parliament inauguration speech in which he outlined what he intends to do in the next five years. In the speech, Dr Magufuli showed the challenges which the country faces but he went further to draw a roadmap showing how the government will tackle the problems.
Dr Magufuli listed corruption as the first problem which he encountered during election campaigns. He told the Parliament that in all areas where he went during campaigns, corruption topped list of people complains.
He also said wananchi are dissatisfied with the performance of the Local Government Authorities (LGAs). Areas which he cited as most wanting in LGAs performance include revenue loss, failure to collect revenue, misappropriation of public resources and poor implementation of some of development projects.
On land, Dr Magufuli said conflicts between farmers and pastoralists should end, double allocation of plots should also be stopped, people who horde large land which they have not developed should start to think on how they are going to develop the land, municipal and councils should start implementing land plans immediately and people who have invaded open spaced and other reserved areas should start parking now. In fact, in Dar es Salaam, demolition of houses built on open spaces has already started and television footages have shown some of posh houses pulled down with their owners witnessing. This could not be imagined in the past regime.
The head of the State also indicated that he wants to see corruption, theft and bureaucracy at the port become issue of the past.
But it is his resolve to ensure availability of enough water which will please many people, especially those in rural areas where people, notably women, spent most of their time looking for water from unsafe sources.
He has also put Tanzania Revenue Authority (TRA) on notice. In his speech he said TRA should find solutions to thorny issues including tax evasion, corruption among its officials, bureaucracy and revenue loss to list but a few. He indicated that his government would not tolerate any TRA official who will be impede government resolve to collect enough revenue, especially from large businessmen.
Power utility firm, Tanesco, was also given a task to ensure that intermittent power cuts and addressed and power rationing should come to an end. Noting that some government official participate in poaching, Dr Magufuli asked Tourism and Natural resource docket to find lasting solutions to the problem which has tarnished the image of the country abroad.
"How come tusks are impounded in China or Europe while they passed at Dar es Salaam Port? Something should be done to make sure that this situation does not recur" he said. But he also asked the docket to address perennial conflicts between villagers and national parks and forest reserves and revenue loss.
On health services, Dr Magufuli told Parliamentarians that the government would do everything possible to make sure that health services are send near to the people in order to reduce congestion in few health facilities. He also said it is his resolve to ensure that cost sharing is moderated so as to remove all unnecessary contributions which patients have to make. One solution he proposed is ensuring that all people are enrolled in health insurance schemes. This will also address the problem of shortage of drugs among public health facilities.
Immigration is also in the President's radar. He said haphazard issue of work permits should come to an end, the department should also be prudent is issuing residency permits and closely follow what the foreigners who have been granted work permits are doing. He said he wants end to the trend where foreigners have been engaged in activities which locals could handle easily.
On education, Dr Magufuli said it is his dream to see that the government addresses notorious problems in the sector such as shortage and lack of learning and teaching materials, removal of unnecessary contributions for guardian and parents, unending teachers' complains, poor learning environments, lack of teacher houses and others.
He said that he recognises efforts taken by the Judiciary to address problems under its area. But, he said more needs to be done to ensure that cases are heard quickly.
On mining, he said his government would make sure that locals benefit more from the God given resources by, among other things, ensuring that small scale miners are allocated areas for their activities and they are facilitated with equipment and markets.
Generally, Dr Magufuli showed that his government is ready to work together with other stakeholders to realise his government's dreams. And the way he has been executing his duties, Dr Magufuli has started to endear many people, earning accolades from even some of opposition politicians, some of whom were critical to him during campaigns.
Kigoma Urban MP, Mr Zitto Kabwe is one of opposition politicians who have bought into Dr Magufuli's promises in tackling corruption, especially at higher level. The ACT-Wazalendo national leader says he has decided to support Dr Magufuli on that issues because in the last 10 years the country has been rocked by a number of grand corruption scandals.
"Therefore, it is only logical to support someone who has shown determination to deal with that situation," says Mr Zitto adding: "We have built strong opposition basing on grand corruption agenda. Now we have a president who has decided to join us in this crusade. Why should we oppose him?"
It is now clear to everyone what and how the fifth phase government wants to do to advance the country and improve people lives. The problem at hand is whether Dr Magufuli will get competent and committed people to assist him carry out this responsibility.
For the targets to be achieved, there is one major obstacle which the country needs to overcome and that is mindsets of most Tanzanians. Over years, Tanzanians have been moulded into a certain type of social-political-communal mode of living. The public service has also not been spared in that trend.
Looking at what Dr Magufuli want the government to achieve and the way he wants it to do that, and his hint that he would need a lean Cabinet, it points one obvious thing - he will need a team of people who are ready and able to do thing differently. A minister who does only relies on what has been written on the books when dealing with emerging problem does not fit into Dr Magufuli's plans.

Magufuli Fever! Tanzania Scraps Government Christmas Cards to Save Cash

Tanzanian officials will not be allowed to send out the usual government printed Christmas and New Year cards this year as part of belt-tightening measures by the new president.
John Magufuli has implemented a series of austerity steps since being sworn in on Nov. 5, including cancelling Independence Day festivities and restricting foreign travel by officials.
The president's chief secretary "has prohibited the printing of Christmas and New Year cards at the government's expense," the presidency said in a statement. "Anyone who wants to print those cards should do so at his or her own personal cost."
"The funds set aside for the cards should be used to pay off debts that government ministries, departments and institutions owe citizens and other creditors for goods and services rendered or should be directed towards other priority areas," it said.
Last week, Magufuli ordered the sum of about $100,000 that had been set aside for a party to mark the opening of parliament should be used instead to buy hospital beds at Tanzania's main hospital, after he found patients sleeping on the floor.

TRA chief Bade axed in Magufuli tax crackdown

Tanzania Revenue Authority (TRA) Commissioner General Rished Bade was sent home yesterday as President John Magufuli cracked the whip on tax evasion which is believed to cost the government billions of shillings every year.
Mr Bade was suspended alongside five other top TRA officials, including his deputy Lusekelo Mwaseba, as the state ordered investigations into Sh80 billion in tax revenue that could not be accounted for by the taxman.  The Sh80 billion was tax due from the importation of some 349 containers whose whereabouts could not however be explained by the suspended TRA officials during a surprise visit to the Dar es Salaam port yesterday by Prime Minister Majaliwa Kassim. 
The suspension of Mr Bade was made from the State House while Mr Kassim removed the others during his tour. The government also ordered seizure of the suspended officials’ passports while the police were directed to immediately launch investigations into their lifestyle audit, including how much money they held in respective bank accounts.
Dr Magufuli further banned travel outside the country of all TRA employees as the investigations continue and asked them to cooperate fully with the police.
“The President has asked all those who imported the containers to voluntarily surrender and pay the tax due at TRA offices,” said Chief Secretary Ombeni Sefue in a statement sent to newsrooms last evening. Sources in government told The Citizen that the President has ordered a thorough audit of the tax record by the big companies that have been linked to tax evasion with a view to ensuring the money that was not paid is collected as soon as possible.
The unannounced visit at the port and TRA offices by the PM is in character of the new President who has declared war against tax evasion and other underhand deals by dishonest public officials in collusion with private companies.
During his state address while opening the 11th Parliament, Dr Magufuli expressed dissatisfaction with the TRA performance and told its officials to shape up or quit. The Head of State has moved to contain excessive public expenditure as his new administration faces a budget deficit amid falling revenue collection. He has suspended foreign travel, public celebrations and seminars and workshops in hotels.            
Yesterday’s move on TRA is however the first direct action on top government bureaucrats by Dr Magufuli as he seeks to stamp his authority and rein in on the rotten public service.
Dr Magufuli named Dr Phillip Mpango, the executive secretary in the President’s Office (Planning Commission) as Acting TRA Commissioner General. Earlier on, Mr Kassim directed the Inspector General of Police Ernest Mangu to arrest the TRA officials that he sent home including seizing their passports in the course of investigation.
The Premier further directed Mr Mangu to ensure that their assets were assessed to see if they were obtained legally and if they correlate with the salaries of the suspended public servants. The five top officials who were suspended by the Prime Minister are Customs Commissioner Tiagi Masamaki, Customer Servive Centre head Habibu Mponezya, Information and Communication Technology (ICT) head Haruni Mpande, Internal Container Depots (ICD) in-charge Eliachi Mrema and Mr Hamisi Ali Omari whose department was not mentioned.
“These officials have been suspended with immediate effect to pave the way for investigation to be carried out and they should be arrested immediately,’’ said the visibly furious PM. The investigation will be carried out by the police in collaboration with detectives from the tax collector and TPA management.
Mr Kassim also directed that three other public servants be transferred from Dar es Salaam to upcountry offices. They include Mr Anangisye Mtafya, Mr Nsajigwa Mwandengele and Mr Robert Nyoni.
The PM also directed that the missing containers worth billions of shillings should be recovered and that the Sh80 billion be brought back to the State coffers.
The move to send TRA top officials home came barely a week after President Magufuli laid down the priorities of his government, sending out a strong statement that it will not be business as usual under his leadership.
He spoke on his new administration in a one-and-half-hour long maiden speech to inaugurate the 11th Parliament in Dodoma.
Dr Magufuli vowed to fight corruption and all forms of impunity. The president’s speech set the working tone for the yet to be assembled cabinet and also for those in public service, either as politicians or civil servants.
He said it was now the time for Tanzanians to walk the talk in the resolve to confront vices that he said were holding the nation back in uplifting millions from abject poverty.
The Head of State enumerated some of the drawbacks as mega corruption, embezzlement of funds within local government, poor management and sheer waste of public resources, including natural wealth and bureaucracy in government offices.
On corruption, Dr Magufuli reiterated his campaign pledge to form a special court to try graft cases, telling MPs that the vice had permeated the nation to chocking levels.
“I will fight corruption without fear or favour. I will personally lead the charge…pray for me and support me in this war because those involved are not the ordinary mwananchi.”
He added: “The public hate corruption, and I hate corruption too. Honest citizens will not shy away or be afraid to lend their support,” said Dr Magufuli, who quoted the founding father of the nation Mwalimu Julius Nyerere as equating the vice in 1960 to war-like situation.
Yesterday, the Prime Minister started to implement Dr Magufuli’s pledge with the taxman. Tanzania has been losing billions of shillings in tax collection and exemptions according to the various yearly audit reports released by the Controller and Auditor General (CAG).
Before he announced firing the TRA top officials, Premier Kassim held a meeting with at TPA with the IGP, Permanent Secretary (PS) in the Prime Minister’s Office, Dr Florens Turuka, Transport ministry PS Dr Shaaban Mwinjaka, Dar es Salaam Special Zone Police Commissioner Suleiman Kova, TPA Director General Mr Awadh Massawe and other leaders from TPA and TRA.
Mr Kassim further asked Dr Servacius who also attended the meeting to ensure that he deployed experts from e-government to TPA to find out how unscrupulous officials stole revenues at the Dar es Salaam Port.
Earlier on when responding to questions from the Prime Minister, the suspended TRA boss admitted that there were missing containers that ought to be verified by ICDs.
“We did an inspection in one ICD and found out that 54 containers were missing through dubious deals; however, when we went ahead with our inspection the number increased to 327. We are still following up in collaboration with the Prevention and Combating of Corruption Bureau (PCCB),’’ said Mr Bade.
According to him, the ICD owner was ordered to pay Sh12.6 billion and that he had already paid Sh2.4 billion.
Asked by Mr Majaliwa to mention the names of TRA officials who were involved the dubious deal, Mr Bade could not reveal the names although he admitted that he had a list in his office requesting that he be given time to ask his subordinates to bring the names. Unexpectedly, the Prime minister read out all the 349 containers and the number plates of vehicles carrying the consignments, a list that was accepted by the suspended TRA chief.
“With this trend, we cannot succeed without sending people home,’’ said Mr Majaliwa as he went ahead to read the names of the suspended officials.

Wednesday, November 25, 2015

DC orders officers locked up for 6hrs

Makonda yesterday ordered 20 civil servants locked up for six hours for coming late for a task. The DC arrived at the venue at 8.00 am along side other senior officials but the 20 from the land office arrived at 11 am forcing postponement of the task. Mr. Makonda said that was unacceptable. DC, DAS and Kinondoni Police Commander arrived on time and  were forced to wait for them (land officers) for 3 hours because without them nothing could be done.

My opinion: Big up Mr. Makonda: Most of Tanzanians need to change, most of them are lazy, people don't like to work, we don't keep time.



Tuesday, November 24, 2015

Masudi kipanya.




Let me translate this cartoon:  "The fastest one  tells his colleague "To finish my duties on time, not to steal, I should not take bribe, I am not supposed to pay myself sitting  allowance, I am not supposed to go abroad for treatment.  I can't.  his colleague   replies:  Resign.

Monday, November 23, 2015

Mugabe to Rule Until He Is 100, We Will Design Special Wheelchair for Him - Grace

PRESIDENT Robert Mugabe will rule Zimbabwe until he is 100 years old and, if need be, a special wheelchair will be designed for the veteran leader who now struggles to walk and has battled with swollen ankles for years.
Mugabe has been in power since independence in 1980. He turns 92 next February and his Zanu PF party has already nominated him as its presidential candidate for the 2018 elections when he will be 94.

Idris Elba Cancels SA Trip After His Daughter Fails to Meet New Immigration Laws


Award-winning actor, Idris Elba has cancelled a planned trip to South Africa at the last minute after his daughter, Isan, failed to meet the new immigration requirements passed into law earlier this year.
Idris, who played the iconic role of Nelson Mandela in Mandela: Long Walk to Freedom, was set to spend time in South Africa to promote his new film, Mandela, My Dad and Me.
An accomplished musician and DJ, Idris was so inspired by the film that he decided to make an album. However, just before the project began, Idris lost his father, Winston and Mandela, My Dad and Meturned into a deeply personal journey for the acclaimed actor.
The Juice can confirm that Idris was set to arrive in South Africa on Sunday, 22 November. He wanted his daughter, Isan, to accompany him on the trip. It's understood he was at Heathrow International Airport in the business class lounge when he was told that he could not travel, as his daughter did not have the correct documents needed under the South African immigration laws.
"He certainly wasn't going to leave his 14-year-old daughter alone at the airport and made the decision to cancel the trip. He is very upset about the whole thing, as he loves South Africa and had no idea about the new laws," a source told us.
"Idris was travelling with his daughter and only at the last minute it came to light she did not have the correct paperwork to enter South Africa. The trip to South Africa had to be cancelled as a result, " confirms Anthea Petersen, A+E Networks Regional Director, Africa
*Mandela, My Dad and Me is set to Air on History (Channel 186) on 6 December, 20:30
Source: The Juice

President Magufuli.

President John Magufuli yesterday laid down the priorities of his government, sending out a strong statement that it will not be business as usual under his leadership.

Big Up president Magufuli.

There is disbelief in Tanzania as newly elected President John Pombe Magufuli breaks with the past - introducing policies which a growing base of displeased elites are angrily branding as "arrogance".
The latest in President Magufuli's trove of surprises is the suspension of the December 9th independence day celebrations, according to media reports. The president has instead decreed that on that day everybody should pick up their tools and clean their backyards. There will be national cleaning on Independence Day 2015 - celebrated in pomp and style since 1961 when the Tanzania got freedom from the British.
Parliamentary leaders nearly faced the wrath of the new leader Magufuli had they ignored his plea that a scheduled address to the House is cut short to the maximum. The President reportedly demanded that his presence and that of his prime minister be limited to less than 30mins.
Magufuli reportedly also told parliamentary leaders that the people of Tanzania want him to solve their problems, and not him making speeches. Instead, the president went on to order for purchase of beds and restocking Tanzania's biggest public hospital where he made surprise visit only to find patients on the floor. Many complained of not seeing doctors for days.
Just a day after his swearing in, Magufuli made a surprise visit to the Finance Ministry and was shocked to notice that most workers had not reported to work.
The President was only beginning to witness inefficiency on an industrial scale. At the finance ministry, Magufuli found literally thousands of requests for foreign travel. For a man who had travelled abroad only six times for the 20 years he had been minister, it was a shocker.
In another change of act, Magufuli ordered a ban on foreign travel for ministers and all government officials. All international invitations will be handled by Tanzania's diplomatic missions.
Such is the new state of affairs for the people of Mwalimu. Finally, they are getting a leader who is making things happen. At the main Tanzania hospital, deafening applause escorted Magufuli out.

Tanzania: Reaction - Thumbs Up for JPM's Maiden Speech

Speech of President John Magufuli yesterday moved several political analysts to emotions as they commended it, saying the president has shown his real intentions to implement the pledges he made during campaigns.
Commenting on the speech through telephone interview, Dr Kitila Mkumbo, a lecturer with University of Dar es Salaam (UDSM), noted that President Magufuli's address showed seriousness.
"Psychologically, I learnt from his tone and body language that he meant what he was speaking," said Dr Mkumbo, who is also a political commentator.
He said that Dr Magufuli made him happy when spoke of corruption prevailed in public offices, something which citizens always have been complaining about.
Another academician from the UDSM, Dr Ayub Rioba, felt happy that issues that President Magufuli stressed on in his speech were the same to those he has been writing about in his feature articles published on newspapers. "He has encouraged me so much. His speech has showed his intentions," he said. However, he cautioned that it was difficult for Dr magufuli to implement his plans without cooperation from all government institutions and the citizens.
Political expert from Ruaha University College (Ruco), Prof Gaudence Mpangala, said Magufuli's speech was good since he emphasized on pledges he made during the past election campaigns.
However, Prof Mpangala was pessimistic that though Dr Magufuli showed he really wants to implement his pledges, existing system is a challenge that may sabotage him.
Additionally, he faulted that his speech did not touch on how the country's economy could get rid of donor dependence.
Executive Director of Policy Research for Development (Repoa) Prof Samuel Wangwe was of the views that Dr Magufuli's speech focused on good priorities and what now people want to see their implementation. "Through his speech, Dr Magufuli pointed out weaknesses in the previous governments and I believe that he will work on them," he noted.
Dr Benson Bana, political lecturer at UDSM, also commended the speech as 'historic.' He said Dr Magufuli delved on critical priorities and myriad problems.
Meanwhile, opposition MPs came under fire from scores of people here for shouting down national leaders yesterday ahead of President John Magufuli's maiden speech in Parliament.
"This is a big shame not only to Tanzanians but to those who elected them" lamented David Runda, an administrative officer with a private firm.
He said the lawmakers were matured people and that if they were not happy with whatever they felt was wrong they should have used diplomacy rather than shouting at the national leaders.
However, those who appeared to sympathise with the opposition maintained that was the only way to get the message through to the authorities.
The MPs, specifically from the opposition coalition, Ukawa, were apparently calling for the presence of CUF secretary general Maalim Seif Sharrif Hamad in Parliament.

Ethiopia Airline Says It Isn't to Blame for Death

Ethiopian Airlines yesterday dismissed allegations that it failed to communicate with the family of a passenger who died en route from London to Nairobi.
Mary Khavugwi, 51, booked a flight on September 27 from Heathrow Airport in London and was set to land in Addis Ababa before connecting to Nairobi on September 28.
The airline said it did its level best to rescue her and take her to Menelik II Hospital in Addis Ababa when she fell sick.
The airline, in a statement, also dismissed allegations by the family that it is still withholding her hand-luggage.
Last week, the family accused the airline of failing to communicate on her death.

Sunday, November 22, 2015

Seychelles: Man Accused of Murdering Ex-Wife Damienne Morel Is 'Not Guilty' According to the Seychelles Supreme Court

Victoria, Seychelles — Only a few days before it is exactly one year after the brutal killing of a 49-year-old Seychellois woman Damienne Morel, the Seychelles Supreme Court has ruled that "there is no evidence on which the accused can be convicted."
Morel's ex-husband was the sole person charged with murder in December last year after he was accused of committing the crime.
The incident in which Morel, a mother of two was killed after suffering multiple stab wounds, occurred in her home at La Retraite in the northern district of Anse Etoile on the main Seychelles island of Mahé, in the early hours of November 25, 2014.
The police reported at the time that two masked men had broken into her home.
The 20-year-old daughter of the deceased was also hospitalized after being wounded in the attack.
Three suspects including the victim's ex-husband were arrested following the brutal incident; two of them were subsequently released.
On Wednesday, a little over a week after the 'jury trial' had started, the Chief Justice of the island nation's Supreme Court Mathilda Twomey directed the jury to return "a not guilty verdict" and upheld a motion of 'no case to answer' presented by the defence team.
The defence was contesting evidence presented by the prosecution.
In a news report aired by the national television, the Seychelles Broadcasting Corporation (SBC) Wednesday evening, Anthony Juliette, one of two attorneys representing the accused explained that DNA evidence presented was not linked to his client.
"The clothing the lady [Damienne Morel] was wearing that night was sent to Mauritius and when the results came back it revealed that the DNA of two people were found; the DNA of a woman as well as the DNA of a man. The DNA of the deceased was confirmed and it was not known to whom the man's DNA belonged to so SNA samples were taken from the accused and sent to Mauritius and the results that came back said clearly that the DNA [found on the piece of clothing] did not belong to the accused," said Juliette.
In her ruling on the motion of 'no case to answer' submitted by the defence, Judge Twomey commented on two other pieces of evidence presented by the prosecution.
The first relates to the statement of the wounded daughter of the deceased in court saying that "she recognised her father as one of the intruders at the house".
"... .I warn myself that the identification of the accused person was made by a person who had been injured and had lost of blood, was lying on the floor in a corridor which was dimly lit by an exterior light on the outside of the kitchen wall not adjacent to the corridor in question and that although she was near sighted she was not wearing her glasses at the time of the identification," said Twomey in her verdict.
"It must also be noted that two out of court statements made by the witness [... ] do not support the evidence given in court. She does not identify her father but states that one of the intruders had the build of her father and walked in a way that was similar to her father... .I also note that in the same statement the build of another intruder was described as that of the murdered victim's boyfriend... "
Twomey also commented on the testimony of two shopkeepers of La Retraite [the same area where the crime was committed] who recalled selling a bottle of Guinness [alcohol] to the accused person at their shop located some 10 minutes' walk from the victim's house, some four hours before the incident.
"... For the purposes of section 249 (1) of the Criminal Procedure Code there is no evidence on which the accused can be convicted. It is my belief that it would be a derogation of my duty as a judge to allow this criminal process to continue. It would not only be in contravention of the Criminal Procedure Code, the rules of evidence but also of the constitutional right of the accused to have a fair hearing."
Morel's family have expressed their "shock and anger" following the outcome of the case.
"We feel that it was not a fair trial because it was not brought to completion... we are asking so many questions. How can a trial end without the defence bringing its own witnesses to the stand as they had indicated that they had witnesses to present in court? Why weren't the jury allowed to decide for themselves based on the evidence presented?," two of Morel's sisters told SNA on Thursday adding that they would have also wanted the jury to visit the crime scene [on a locus in quo].
"If the case was completed and the accused was found guilty or not guilty ok we would have known that the case is completed but right now we are in a situation where we feel our sister was brutally killed and the verdict is also a brutal injustice"
While the case has ended with the Chief Justice of the Supreme Court upholding the defence's motion of 'no case to answer', Justice Twomey has nevertheless called on the relevant authorities "to work on presenting the person guilty of murdering Damienne Morel before the Courts for trial."
The outcome of the case was also a blow for the prosecution team led by the Principal State Counsel David Esparon who feels that they had a "strong case" from the start.
"Even if there was the issue of DNA of another person, it shows that someone was injured, but there was another person in the house [the ex-husband] who was recognised by his daughter and this was the basis of our case," Esparon told SNA explaining that the prosecution had relied on a past case judged by the both the Supreme Court and Court of Appeal to submit that recognition evidence may sometimes be stronger than identification evidence
According to Esparon the prosecution faced several dilemmas including having to trace an Indian couple who given a statement saying they had sold alcohol to the accused on the night of the murder at their shop located only 10 minutes from the victim's house.
The couple who have moved back to Chennai, India were able to testify to the Court through Skype.
"We also had a witness, a convict sharing a cell with the accused [while he was being detained] who provided a statement to the prosecution saying the accused had allegedly confessed to committing the crime but he turned hostile when he took the stand and we could not use his evidence," added Esparon.
The prosecution was also counting on presenting circumstantial evidence suggesting the person responsible for the crime was familiar with the house and also the accused 'denial or refusal of explanation' when confronted by his daughter while in hospital.
"The daughter who allegedly recognized [her father] trough his build and the way he walks before she was assaulted, confronted her father at the hospital by stating to him that the person who attacked her looked like him. But we could not use this point since it was ruled out as inappropriate at this point during a submission of no case to answer," explains Esparon.
"At the stage of a submission of no case to answer the standard of proof which the prosecution should bring is that the prosecution should at least prove a primafacie case [the establishment of a legally required rebuttable presumption] that should be somewhat at 30 percent level. But as legal professionals we should respect the judgement of the court."
Both the defence and the prosecution do not have any right to an appeal when there is a submission of no case to answer and also the prosecution does not have any right of appeal in any criminal cases according to the Seychelles laws compared to some countries like South Africa.
The prosecution through the office of the Attorney General will now be advising the police which will decide whether to investigate the case further.

Tanzania: Trapped Miners Survive 41 Days Underground

Shinyanga — In what has been hailed as a tale of survival fit for a Hollywood script, five small-scale miners were found alive on Sunday in Kahama District after being trapped underground for 41 days.
They were rushed to hospital for medical attention, and their conditions were described as critical but stable.
The survivors have been identified as Mr Chacha Wambura, Mr Amos Mhangwa, Mr Joseph Bulule, Mr Msafiri Jeradi and Mr Onyiwa Morris. The sixth miner, Mussa Supana, died during the ordeal.
The miners' nightmare began on October 5 in Nyangarata, Kahama District, when the pit they were working in collapsed, trapping them underground.
An estimated 20 miners were in the 120-metre pit when the accident occurred. Only 14 made it out alive, while six remained trapped underground. Recounting their ordeal from his hospital bed, Mr Wambura said after realising that they had been trapped, they took refuge in a cave used to store mining tools.
They tried in vain to search for a way out using their helmet lamps and mobile phone flashlights, which ran out of power after a few days.
Efforts to reach the trapped miners using heavy machinery were futile.
On October 11, six days after the accident, the then Deputy Minister for Energy and Minerals, Mr Charles Kitwanga, announced that the trapped miners were all feared dead.
"I have spoken to experts about this calamity, and they have informed me that it is virtually impossible to rescue the victims. I therefore ask anybody with traditional expertise to come forward and offer help," he said.
Meanwhile, the trapped miners were fighting what was increasingly looking like a losing battle.
Mr Wambura said their resolve and refusal to give up waned as the days went by.
"After spending seven days underground, we began to lose hope of making it out alive. We tried, without success, to tunnel our way out. Weak and tired, we waited for the inevitable," he said.
But as the miners wandered aimlessly and listlessly in a maze of underground tunnels, there suddenly was a ray of hope - literally. "We discovered a place where the sun's rays shone through a crack. We also found water seeping through. This gave us a new lease of life," Mr Wambura said.
With no food, they resorted to feeding on insects like cockroaches and barks of poles used to support tunnels.
"Supana refused to eat insects and became seriously ill due to hunger. We decided to abandon efforts to find a way out because we didn't want to leave anybody behind. We used our helmets to collect water and drink it despite the fact that it was dirty...we had no choice," he said.
One day, the miners heard people digging nearby. They tried to call for help, but nobody heard them. They were again resigned to their fate.
But there was renewed hope on Sunday when again they heard the faint sound of people digging somewhere near where they were trapped.
The people who were digging were, in fact, other small-scale miners who apparently had come to terms with the "loss" of their colleagues and gone back to work, knowing that life had to go on.
Mr Wambura said they shouted for help at the top of their voices and, fortunately, one of the miners heard them.
"He asked us who we were and we mentioned our names and told him what had happened to us. He told us to stay put, and after some time we heard people digging and they eventually broke through to where we were trapped."
The survivors were rushed to Kahama District Hospital, where the medical officer in charge, Dr Joseph Ngowi, said yesterday that they were responding well to treatment.