Dar: Court imprisons Ekelege for three years

Former Director General of the Tanzania Bureau of Standards (TBS), Charles Ekelege, has been sentenced to three years in prison and fined USD 42,543 (roughly70.2m/- at the current rate) after the Kisutu Resident Magistrate found him guilty in three counts including conducting motor vehicle inspection abroad.

Though in total he has been sentenced for three years – each count one year – the punishment is co-current and hence he will be behind the bars for only one year. 

He was charged with abuse of office and occasioning $42,543 (over 70.2 m/-) loss to the government when he approval a waiver beyond 2m/-  for two firms against board procedures.

The verdict was read yesterday by Resident Magistrate Augustina Mmbando who presided over the case.  She said the prosecution with the assistance of seven witnesses was able to prove beyond reasonable doubt that the accused committed the offence.

Before reading the verdict, Magistrate Mmbando asked the prosecution if they had any recommendation. 

Led by Janet Machulya, a state attorney representing the Prevention and Combating of Corruption Bureau (PCCB), the prosecution requested the court to met severe punishment to the accused.

Machulya claimed that the punishment would be a lesson to him and other public officials while carrying out their duties. She said the stiff punishment was taking into consideration the fact that Ekelege was given big responsibilities and that he failed to serve and caused a pecuniary loss to the government.

Praying for mitigation through his advocate Majura Magafu, Ekelege requested the court to reduce punishment because he has a family which depends on him and his parents are old and they all depend on him.

She said that the accused will serve one year in prison for the first count, one year for the second count and another one year for the third counts, and that all go co-current.

Delivering the judgment Magistrate Mmbando said that Ekelege while serving as the director general of TBS knew that his limit to approval waiver was up to 2m/- only and not more than that.

She said that Ekelege pretended that he was ignorant of the waiver and issued up to USD42, 543 to Quality Motors of Hong Kong and Jaffar Mohamed Ali Garage of Dubai.

Magistrate Mmbando said that Ekelege was aware of TBS procedures he was advised by Joshua Katabwa who is an engineer in the TBS Certification Department.

She said even if the accused was not to be told he had to know it on his own as the boss for the institution.

She said that the accused knew that he caused loss to TBS but he remained quiet up to the time of internal and external audit after several years after the auditor report. 

The magistrate noted that it was obvious that the application for the waiver was only presented to him, which he approved and implemented.

Mmbando further said that Ekelege during his defence lied to the court that Bethuel Matemba was present when approving the said application – while knowing that Matemba is dead.

 “As overall in charge who has experience and was appointed by President had the responsible to know his level of approving waiver is 2m/- and not more than that. He understands TBS regulation and that an amount like USD 42,543 should be done by the board,” noted the magistrate.

The vehicle inspection scam, which led to the suspension of the TBS boss, came to light in June 2012 after the Parastatal Organizations Accounts Committee (POAC), a parliamentary subcommittee, revealed that TBS inspect motor vehicles abroad contrary to its records and proclamations.

The parliamentary committee’s report showed that TBS provided the oversight team with wrong information on motor vehicle inspection offices in various countries.

SOURCE: THE GUARDIAN (Tanzania)