Dar es Salaam. Hopes by Tanzanians who ‘sowed their seeds in cash’ in the Development for Entrepreneurship Community Initiative (Deci) that they would one day receive their money were dashed yesterday after the Dar es Salaam Zone of the High Court of Tanzania ruled that the government should confiscate the company’s properties and cash.
They include vehicles, houses, plots and Sh14 billion cash, which is deposited in three commercial banks in Dar es Salaam.
The ruling was read by Judge Stephen Magoiga who said he reached the decision after being satisfied with arguments by the Director of Public Prosecutions (DPP) who suggested that the properties and the cash be confiscated on the ground that they were obtained through criminal activity of an unregistered pyramid scheme.
Reading the ruling, Judge Magoiga said he was satisfied with the arguments and witness by the DPP after the Deci director failed to prove how he obtained the cash and properties but insisted that he did not obtain the said properties and cash through the scheme.
Judge Magoiga elaborated that the Deci management failed to defend against the DPP arguments on how they obtained properties and cash.
“When the DPP or Attorney General is presenting arguments for confiscation of properties belonging to convicts of criminal charges, those who oppose the arguments have to present to the court, the proof that the said properties or cash were not obtained through criminal activities,” said the High Court Judge.
‘If there is no such proof that the said properties or cash were not obtained in criminal activities and defendant will fail to state the source of obtaining such properties, I remain considering the argument presented by the DPP who is the plaintiff.”
However, the Judge said, there was no person who came to the court to demand that all or part of the properties belonged to him/her and Deci director did not satisfy the court on how they obtained them.
The Judge has ordered managers of all bank branches where the cash are deposited including NMB Msasani branch, DCB bank’s Uhuru branch and KCB Bank’s Samora Avenue branch to make sure that the cash is given to the government.
He has also ordered the change of ownerships of houses and plots belongs to Deci to the registrar of Treasury and all plots belong to unplanned areas must be registered as properties of registrar Treasury.
Judge Magoiga has ordered the DPP to present to court the request to secure a court broker to remove all families residing to confiscated houses and present them to the government.
He also ordered the Tanzania Revenue Authority (TRA) Commissioner General to change the ownership of all confiscated vehicles from Deci to the government.
DPP presented the request to confiscate properties and cash belong to Deci in March this year, hardly six years after the company’s management was convicted at the Kisutu Resident Magistrate Court for operating illegal pyramid scheme.
Deci officials, who most were religious leaders, were sentenced three years in jail or Sh21 million fines. They all paid the fine and escape imprisonment.
They included Jackson Sifael Mtares, Dominick Kigendi, Timotheo Saigaran ole Loitginye na Samwel Sifael Mtares.
However, the defendants’ counsel Majura Magafu asked the court to throw the request by DPP by saying the plaintiff did not prove that the mentioned properties and cash were obtained in illegal activities.
