‘Ikulu’ posh building now for demolition
Dar es Salaam. The Kisutu Resident Magistrate’s Court yesterday ordered the partial demolition of an 18-storey commercial building put up near State House.
The court also fined former Tanzania Building Agency (TBA) chief executive Makumba Kimweri and principal architect Richard Maliyaga Sh15 million each for abuse of office. They paid the fines and avoided going to jail for nine years each.
Passing judgment, Resident Magistrate Sundi Fimbo found the two guilty of abusing their positions by allowing the construction of a high-rise building in the vicinity of the State House, in violation of the law.
She said the prosecution furnished the court with compelling evidence against the accused, adding that it had been proved beyond reasonable doubt that they were guilty as charged.
Ms Sundi also ordered the demolition of the building’s 12 upper floors.
“The building was not supposed to exceed six storeys. The excess floors must be demolished,” she said.
The court earlier heard that Kimweri and Maliyaga allowed Royalle Orchard Inn Limited to construct a commercial building on plots number 45 and 46 on Chimala Street in Ilala Municipality, Dar es Salaam, contrary to the Urban Planning Act.
On August 6, 2007, Kimweri abused his position as TBA chief executive by signing joint venture agreements with Royalle Orchard Inn Ltd on behalf of the agency.
No feasibility study was carried out before the agreement to jointly construct a 15-storey building was signed, contrary to the Public Procurement Act, 2004.
Mr Maliyaga, in his capacity as TBA principal architect, issued permit number TBA/BP/155 dated July 21, 2008.
The permit effectively gave Royalle Company the go-ahead to construct the building. He issued the permit without the consent of the relevant planning authority of Ilala Municipal Council, in violation of the Urban Planning Act of 2007.
On April 9, 2009, Mr Maliyaga issued another permit allowing the company to build 18 storeys instead of the 15 agreed on earlier.
The TBA officials permitted Royalle Company to put up a commercial building on the plot without seeking permission for change of land use from the relevant planning authority.
The hearing of the case started last August and the prosecution, led by Mr Leonard Swai from the Prevention and Combating of Corruption Bureau, lined up five witnesses.
The Citizen on Sunday reported exclusively on August 7, 2011 that the construction of a high-rise building overlooking State House had prompted security concerns, and the government had demanded to know who authorised the project in the area.
It was reported that State House had come down hard on authorities responsible for urban planning and issuance of building permits, requiring them to explain why they approved one of the tallest structures in the city to be built near the President’s official residence and office.
The report in The Citizen on Sunday further said that the building was put up contrary to urban planning and security regulations, which set a height zone limit of six storeys in the area.
The TBA officials permitted Royalle Company to put up a commercial building on the plot without seeking permission for change of land use from the relevant planning authority.
The hearing of the case started last August and the prosecution, led by Mr Leonard Swai from the Prevention and Combating of Corruption Bureau, lined up five witnesses.
The Citizen on Sunday reported exclusively on August 7, 2011 that the construction of a high-rise building overlooking State House had prompted security concerns, and the government had demanded to know who authorised the project in the area.
It was reported that State House had come down hard on authorities responsible for urban planning and issuance of building permits, requiring them to explain why they approved one of the tallest structures in the city to be built near the President’s official residence and office.
The report in The Citizen on Sunday further said that the building was put up contrary to urban planning and security regulations, which set a height zone limit of six storeys in the area.
THE CITIZEN TANZANIA:
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