Court shields IPTL, PAP from ‘anticipated action

Dar es Salaam. Independent Power Tanzania Limited (IPTL) and Pan African Power Solutions (PAP), the key parties in the Sh306 billion Tegeta escrow scandal, yesterday obtained High Court protection on the eve of debate on the Controller and Auditor General’s report on the scam.

However, Mr Mussa Azzan said last night when chairing a parliamentary session that the House had not received any directive from any authority, adding that the report would be tabled today as planned.

He spoke after Mr Tundu Lissu (Singida East-Chadema) had sought clarification on the High Court’s decision.

IPTL and PAP lawyers rushed to court in the afternoon in a last-ditch attempt  to seek the court’s protection against any anticipated action or unforeseen directives by Parliament on their property and themselves. Parliament is today scheduled to debate the CAG report whose explosive content will officially become public following weeks of heightened tension and wheeling and dealing.

MPs have rallied in the past week to defeat reported attempts by the Judiciary to stop the debate and the Speaker, Ms Anne Makinda, reiterated yesterday morning the supreme role of Parliament in working on the CAG report.

Yesterday, a panel of three judges comprising Lady Justice Razia Sheikh, Mr Justice Lugano Mwandambo and Mr Justice Richard Mziray issued a status quo order following an application filed by advocates Gabriel Mnyelle and Joseph Makandege on behalf of IPTL and PAP.  The suit was filed under a certificate of urgency and heard largely ex-parte, with only the representatives from the Attorney General’s chambers being  present.

“The status quo should be maintained pending hearing and determination of the main application,” the judges ruled, sparking off a social media frenzy and debate on  what the order portends for today’s debate in Parliament.  

 The applicants had sought, among other things, an order to restrain the National Assembly from discussing the CAG report pending determination of the main suit in which they are seeking interpretation by the court regarding the legality of the CAG investigation at a time when there was still a court case among the parties.

In the plaint, the respondents were the Prime Minister Mr Mizengo Pinda, the Attorney General and the Permanent Secretary in the ministry of Energy and Minerals. Others were the CAG, the Prevention and Combating of Corruption Bureau (PCCB) Director General, the Speaker, the Clerk to the National Assembly and the chairman of the Public Accounts Committee (PAC).

The judges set December 8 as the date when the main application will be heard following a request by the government, which was represented by principal state attorneys Obadia Kamea and Michael Luena. They said they needed time to prepare their defence.

“We pray for enough time to consult our clients so as to gather information and to make preparation to file a counter affidavit before we proceed with other things,”Mr Kamea informed the court.