Today, the then Vice President Corporate Affairs of Acacia, Mr Deo Mwanyika (front) and Mr. Alex Lugendo - Chief Advisor - Government Relations (between policemen), together with Pangea Minerals Limited, North Mara Gold Mine, Exploration Minieres Du Nord Ltee and Bulyahulu Gold Mine Limited, were brought by the Director of Public Prosecution in Tanzania before Resident Magistrate's Court at Kisutu, Dar es Salaam to answer charges for offences of conspiracy to commit organized crimes of defrauding the Government of Tanzania, money laundering, tax evasion and corruption.
On diverse dates and places, between 2008 to 2017, the accused are alleged to conspired in committing crime of tax evasion. In a 39 Counts charge sheet, the six accused are alleged to have committed serious crime related to non-remittance of tax withheld; non-payment of tax upon payment; unlawful cash distributions; non-payment of corporate tax on profit distributions; non-payment of withholding tax on payment of dividends to shareholders; employment a tax evasion scheme by sheltering investments; charging interest on interest free loans hence enjoying unlawfully, the benefits of Mining Development Agreements which exempted tax on loan interest and at the same time eroding profit for corporate tax purposes; Abuse of tax exemptions facility granted to mining companies; fraudulent computation and payment of royalties from mineral and mineral concentrate sales; overstating expenses through inclusion of unexempted entities in their returns and physical acquisition of unlawful funds and corrupting public officials in Tanzania. The charges include also, restructuring of the mining companies to evade payment of various taxes and illegal dealing with profits obtained from mineral sales.
Under Tanzanian Anti-Money Laundering Act, 2006 a body corporate may be liable to a fine of not less than five hundred million shillings or be ordered to pay the amount equivalent to the total amount of money involved or market value of the property, which ever amount is greater and also every director, manager, controller or principal officer of the company, partner, or a principal officer of the partnership shall be deemed to have committed the offence.
The Anti-Money Laundering Act, 2006 also mandates the High court of Tanzania to have jurisdiction to try a person from a foreign state for an offence committed outside the United Republic which would constitute an offence under theAnti-Money Laundering Act.
Under the provisions of the Extradition Act in Tanzania, the Government in Tanzania may possibly seek assistance from other countries to bring Senior officers of the accused companies to be before the court in Tanzania to face charges.
Where a person is convicted of a serious offence including offences of tax evasion and money laundering, the Government may, apply to the convicting court, or to any other appropriate court, for a forfeiture order against any property that is tainted property in respect of the offence; or a pecuniary penalty order against the person in respect of any benefit derived by the person from the commission of the offence
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