The Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday adjourned the case facing former Industry and Trade minister Iddi Simba and two others to July 14, this year.
Simba and his co-accused are charged with conspiracy, forgery, diversion, abuse of office causing Shirika la Usafiri Dar e s Salaam (UDA) a loss of over 2bn/-.
The other accused in the case are Salum Mwaking’inda, a former board director and former Sinza ward councillor, and former UDA general manager Victor Milanzi.
The prosecution side led by Prevention and Combating of Corruption Bureau (PCCB) Officer Mariagoreth Richard informed the court that the case had yesterday came up for mention and arranging the date for preliminary hearing.
The case was adjourned by Resident Magistrate Faisal Kahamba to July 19, this year. The case was also informed that one of the accused, Mwaking’inda, was attending a funeral.
According to the charge sheet, it is alleged that on September 2, 2009 in Dar es Salaam, the accused conspired together with other unknown persons to divert UDA funds.
On the second count, it is alleged that on the same date and place Simba and Milanzi, with intent to defraud or deceive, forged a letter dated September 2, 2009, purporting to show that all UDA bank accounts had been overdrawn, which was not true.
On the third count, it is alleged that on the same date and place Simba and Milanzi, on September 2, 2009 in Dar es Salaam, being the UDA board chairman and general manager, respectively, diverted for their own benefit 320m/- intended to be advance commitment and part payment for shares in UDA Ltd, the money which they received by virtue of their position.
On the fourth count, it is alleged that between September 3, 2009 and March 31, 2010, Simba and Milanzi obtained from Robert Kisena 320m/- falsely pretending that the same money was an advance commitment and part payment for shares in UDA Ltd.
On the fifth count, it is alleged that on the same date and place, the accused, being UDA board chairman and general manager, respectively, wilfully diverted for their own use the money intended to be paid as advance commitment and part payment for UDA shares, an act which caused UDA Ltd to suffer a pecuniary loss.
On the sixth count, it is alleged that between September 2009 and February, last year, in Dar es Salaam, Simba, Mwaking’inda and Milanzi, while discharging their duties, did intentionally abuse their position by disposing 7,880,330 unissued UDA shares, a company owned jointly by the central government and Dar es Salaam City Council, for consideration of 1,142,643,935/- without conducting competitive tendering, an act which was in violation of Regulation 63(1) of the Public Procurement (Goods, Non-consultant Services and Disposal of Public Assets by Tender) Act, 2005.
On the seventh count, it is alleged that on diverse dates between September 9 and February 11, last year, in Dar es Salaam the accused, while discharging their duties, intentionally abused their position by allotting 7,880,303 unissued shares of UDA Ltd, owned jointly by the central government and the Dar es Salaam City Council, to Simon Group Ltd without involving the central government and Dar es Salaam City Council, an act, which was in violation of the UDA articles of association and section 74 of the Companies Act.