By Samantha Cole of Tanzania Business Ethics

Acacia’s Adv. Karel Daele’s slap in the face of the Tanzania legal system

In our Holy Bible:  Ecclesiastes 1:9
That which has been, is that which will be, And that which has been done, is that which will be done. So there is nothing new under the sun.

Last year, on June 02, 2016, the local newspaper, RAIA TANZANIA, on page 4, published an article in which it was reported that Adv. Karel Daele must remove himself as Adjudicator in the matter between Bismark Hotels and Acacia Mining because of his conflict of interest.
Our anti-corruption group decided to research and report on this to our readers.

We published our full results in this report called:
ACACIA MINING – BISMARK HOTEL: DID ADV. KAREL DAELE ACT UNETHICALLY?
https://tanzaniabusinessethics.wordpress.com/2016/06/02/acacia-mining-bismark-hotel-did-adv-karel-daele-act-unethically/  

This month, we found that Adv. Karel Daele is back in the news relating to the case here in Tanzania of the small family business in Mwanza called Bismark Hotel.

To remind our readers:  In July 2015, Bloomberg News was first to expose the story of the legal dispute between the giant Barrick Gold – Acacia Mining and the Mwanza family business.
Bismark lost its land and mining license through negligence and inefficiency on Barrick-Acacia’s side in 2011 and then almost four years later, Acacia Mining’s attempts to upset the legal processes of the Mining Act of 2010 by collusion with dishonest officials of the Ministry of Energy and Minerals.

Adv. Karel Daele was selected as Barrick Gold – Acacia Mining’s adjudicator in the legal dispute.  Of course, he jumped at the opportunity (big $$ fees in his pocket) even though there was a conflict of interest.

Later, Bismark applied to the High Court in Dar es Salaam to force Barrick – Acacia to change Karel Daele for a new Adjudicator who is NOT conflicted.

Our sources tell us that the High Court Judge set dates earlier this year for the sides to present their cases.  Bismark went to court as required.  Karel Daele did NOT go and he did not even send applications for extension or to apologize for being absent.  Finally, the Judge instructed a written “warning” to Karel Daele to be published in public.

A few weeks ago, the High Court notice against Karel Daele was published in the UK Gazette :
See:  https://www.thegazette.co.uk/notice/2885506  (Text included below)

Once again, we see the arrogant, controlling, self-superior attitudes of Barrick Gold – Acacia Mining against our Tanzania People and moreover, our Tanzania legal system.  Do they have no shame? 

Can anyone imagine Karel Daele ignoring the High Court in London?

There is nothing new under the son with anyone or anything connected to Barrick Gold and Acacia Mining.  As the British say : “same old, same old”. 

BUT – Came along President J.P. Magufuli, and day after day, we are seeing improvements for our country.

Maybe Karel Daele will continue to ignore the High Court warning and maybe he will NOT appear before the judge later this month as instructed in the UK Gazette.  Maybe he knows that he is conflicted and Acacia Mining does not want to face more failure and embarrassment?  Maybe Acacia Mining will foolishly dig in their heels deeper and continue to fight our Mwanza Brothers?

One thing is for certain under God’s blue skies.  Everything must improve soon because we will own 16% of Acacia Mining       

GAZETTE NOTICE AGAINST KAREL DAELE
https://www.thegazette.co.uk/notice/2885506

IN THE HIGH COURT OF TANZANIA
(DAR ES SALAAM DISTRICT REGISTRY)

AT DAR ES SALAAM

MISC. CIVIL APPLICATION NO. 21 OF 2017

BISMARK HOTELS………………….APPLICANT

VERSUS

KAREL DAELE………………………………  1ST RESPONDENT

PANGEA MINERALS LTD……………………2ND RESPONDENT

BARRICK EXPLORATION AFRICA LIMITED ……3RD RESPONDENT

ACACIA MINING PLC………………………….4TH RESPONDENT

JOSEPH .S. WARIOBA…………………………5TH RESPONDENT

SUMMONS FOR PUBLICATION

TO:

KAREL DAELE
MISCHON DE REYA,
SUMMIT HOUSE,  12 RED LION SQUARE
LONDON WC1R 4QD
UNITED KINGDOM

WHEREAS, the above mentioned applicant has instituted an application against you at the High Court of Tanzania (Dar es salaam Registry) the facts of which may be found on request in the Court file, you are hereby summoned to appear in this Court in person or by a pleader duly instructed and able to answer all material questions relation to the application or who shall be accompanied by some person able to answer all questions on 30th day of November, 2017 before Hon. A. Munisi, Judge to answer the claim. You must be prepared to produce on that day all the documents upon which you intend to rely in support of your defence.

TAKE NOTICE that in default of your appearance on that day aforementioned, the application will be heard and determined in your absence.

GIVEN under my HAND and SEAL of the Court this 2nd day of OCTOBER 2017.

DEPUTY REGISTRAR
HIGH COURT OF TANZANIA
DAR ES SALAAM
IN THE HIGH COURT OF TANZANIA
AT DAR ES SALAAM

MISC/CIVIL APPL. NO. …..21/2017

BISMARK HOTELS…..APPLICANT

VERSUS

KAREL DAELE and OTHERS……..RESPONDENT

NOTICE OF DATE OF MENTION

TAKE NOTICE that, the above mentioned case has been fixed for mention on the 30th day of November 2017 at 9:00 AM, before Hon Munisi ……Judge

YOU ARE required to appear in this Court without fail and must produce on that day all the documents upon which you intent to rely in support of your case.

GIVEN under my HAND and the SEAL of the COURT this 27TH day of SEPTEMBER 2017.
DEPUTY REGISTRAR
DAR ES SALAAM

TO BE SERVED UPON:
Hon JOSEPH .S. WARIOBA
NYALALI, WARIOBA & MAHALU LAW ASSOCIATES
HAILE SELASSIE/GHUBA ROAD, HOUSE NO. 501/13 OSTERBAY
DAR-ES-SALAAM