David Mattaka

The Kisutu Resident Magistrate’s Court yesterday adjourned hearing of an abuse of office case facing former Air Tanzania Company Limited (ATCL) chief executive officer David Mattaka and others until August 10.

Before adjournment of the case, public prosecutor Isdory Kyando told the court that the case had come up for scheduled hearing but prayed for adjournment because the chief defence counsel could not appear in court due to death of his brother. However the prosecution team said it was ready to present available evidence.

There was also a legal argument between the two sides as the defence team asked the prosecutors to declare the number of witnesses they expected to bring before the court. One witness was brought before the court yesterday.

Responding, the prosecution counsel said the law does not compel the defence to declare the number of their witnesses therefore they were at liberty on what to do.
Apart from Mattaka, other co-accused are Elisaph Ikomba, former ATCL acting chief financial officer, and William Haji, the airline’s former chief internal auditor.

On the first count it is alleged that at diverse dates between March and July 2007 in Dar es Salaam, the accused together with others not before the court, conspired to conduct themselves abusively.

On the second count it is alleged that between June and July 2007 in the city the accused, being managing director, acting chief financial officer and chief internal auditor of ATCL, respectively, in discharging their duties, intentionally abused their positions by floating a tender to supply to ATCL 26 units of used motor vehicles, tendered without the approval of the ATCL tender board.

On the third count it is alleged that on diverse dates between July and August 2007, the accused abused their positions by procuring, without conducting competitive tendering, 26 units of used motor vehicles at USD 809,300 from Bin Dalmouk Motors, a company based in Dubai, in the United Arab Emirates.

Further, it is alleged that on the same date and place, the accused, while discharging their duties, intentionally abused their positions by purchasing for and on behalf of ATCL, a company wholly owned by the government of the United Republic of Tanzania, the 26 units of used motor vehicles at USD 809,300 from the said Bin Dalmouk Motors Company.

On the fifth count it is alleged that Mattaka, Ikomba and Haji, on diverse dates between 2nd July and 23rd August 2007, abused their positions by authorizing payment for the purchase of the said cars from the said company without there being a formal procurement contract between ATCL and Bin Dalmouk Motors Co. Ltd, which was signed by the parties and ratified by a competent state attorney.

On the last count it is alleged that between July 2007 and December 2011, the accused, being employees of ATCL, by reason of their failure to take reasonable care, procured 26 units of used motor vehicles without having a budget for the procurement of the same, an omission which caused ATCL to suffer a pecuniary loss amounting to USD 143,442.75 that the company incurred as storage charges for failure to timely pay import duties for the said motor vehicles and bank interest on the loan advanced for the acquisition of the vehicles.