Prosecution wants convicted businessman’s assets seized

FAUSTINE KAPAMA

THE prosecution wants the Kisutu Resident Magistrate’s Court in Dar es Salaam to order confiscation of properties owned by prominent businessman Ndama Hussein, famously known as “Mtoto wa Ng’ombe,” which he allegedly obtained as proceeds in an over 16bn/- mineral exportation deal.

The move comes after Senior Resident Magistrate Victoria Nongwa convicted him of laundering a sum of 540,000 US dollars (over 1bn/-) on his “plea of guilty” and was sentenced to either pay 200m/- fine or go to jail for five years.

He opted to pay the fine to escape the jail sentence. The businessman’s conviction recorded a history in the country’s judiciary as he becomes the first accused person to enter a plea of guilty for a money laundering offence since the Money Laundering Act, Number 12, governing the prosecution of such an offence, was enacted about ten years ago.

In a criminal application filed before the court, the prosecutors are seeking orders against the businessman requiring him to pay to the government of the United Republic of Tanzania 540,000 US dollars, the benefit he derived from commission of a serious offence.

The prosecution is seeking another order declaring attachment and sale of ten properties owned by Mtoto waNg’ombe to satisfy the pecuniary penalty order. They include two houses, one situated at Magomeni and the other at Makumira in Dar es Salaam.

Other properties being the subject of the application are eight motor vehicles bearing different registration numbers, of which three are Mercedes Benz make, a Ford Ranger, one Toyota Premio, one Grande Cherokee,Toyota Mark X and one Toyota RAV4.

In an affidavit sworn to support the application, Senior State Attorney Shedrack Kimaro, states that Mtoto wa Ng’ombe through his criminal acts for which he was convicted, laundered a total of 540,000 US dollars that was paid in an account at Stanbic Bank.

The bank account, according to the affidavit, was in the name of Muru Company Limited allegedly controlled by him. It is stated that Mtoto wa Ng’ombe was the only signatory in the account to which the money was allegedly deposited.

The businessman withdrew the amount after being credited into the account. It is stated further that Mtoto wa Ng’ombe successfully concealed the proceeds of Crimes; that is, the 540,000 US dollars and investigations failed to locate such proceeds gained from commission of the offence nor located the exact properties into which the money was converted.

“Despite its failure to locate the actual proceeds of crime, the 540,390 US dollars, the investigation managed to trace and identify some of the businessman’s properties which are in his name and or under his effective control, which may be used to satisfy the pecuniary penalty order,” the affidavit reads.

Magistrate Nongwa, who is hearing the application, has given the businessman 21 days from the date he will be served with the pleadings to respond to the affidavit by the trial attorney. The case has been set for mention on January 11.

In the money laundering count, the prosecution alleged that between February 26 and March 31, 2014 in the city, being the Chairman and sole signatory of a bank account of Muru Platinum Tanzania Company, Mtoto wa Ng’ombe engaged himself in a transaction involving money, the sum of 540,000 US dollars.

According to the prosecution, the businessman subsequently withdrew the amount in cash in the account held at Stanbic Bank in the name of the company, while he knew or ought to have known that the sum represented proceeds of predicate offence of obtaining money by false pretences.