High Court of England & Wales restrains Djibouti’s port company from terminating joint venture with DP world (05.09.2018)

Port Company also prohibited from replacing DP World directors in joint venture Company.

DUBAI, United Arab Emirates, September 5, 2018 – The High Court of England & Wales has granted an injunction restraining Djibouti’s port company, Port de Djibouti S.A. (PDSA), from treating its joint venture shareholders’ agreement with global trade enabler DP World as terminated. The High Court has further prohibited PDSA from removing directors of the Doraleh Container Terminal (DCT) joint venture company who were appointed by DP World pursuant to that agreement. PDSA is not to interfere with the management of DCT until further orders of the Court or the resolution of the dispute by a London-seated arbitration tribunal.

PDSA is owned in majority by the Government of Djibouti and its CEO is the Chairman of the Ports & Free Zones Authority of Djibouti. Hong Kong-based China Merchants is the minority shareholder in PDSA.

The High Court’s order follows the unlawful attempt by PDSA to terminate the joint venture agreement with DP World and the calling of an extraordinary shareholders’ meeting on 9 September by PDSA to replace DP World appointed directors of the DCT joint venture company.  This is the third legal ruling in relation to the Doraleh Container Terminal following two previous decisions from the London Court of International Arbitration (LCIA), all of them in favour of DP World. It recognises that although PDSA is the majority shareholder of the DCT joint venture company, it is DP World that has management control of the company, in accordance with the parties’ legally binding contracts.

The new ruling against PDSA, issued by the Court without PDSA’s participation, makes clear that PDSA:

  • Cannot act as if the joint venture agreement with DP World has been terminated
  • Cannot appoint new directors or remove DP World’s nominated directors without its consent
  • Cannot cause the DCT joint venture company to act on the “Reserved Matters” without DP World’s consent
  • Cannot instruct or cause DCT to give instructions to Standard Chartered Bank in London to transfer funds to Djibouti

If PDSA disobeys the Court’s order and seeks to replace DP World nominated directors of DCT on 9 September, it may be in contempt of court and face a fine or the seizure of its assets and its officers and directors may be imprisoned.

The Court has ordered PDSA to present its defence at another hearing on 14 September.

Meanwhile, DP World is notifying Standard Chartered Bank so that the bank will reject any instructions that may be sent to them after the 9 September meeting. China Merchants, who have been given operational control of the Djibouti Freezone in breach of DP World’s exclusivity rights, will also be informed given its minority shareholding in PDSA.

The Hypocrisy of Theresa May: Could gamble a snap election for personal gain, but not a Brexit referendum 2.0?

Just as the Conservative won a majority in the General Election of 2015, as David Cameron stepped down has his gamble on the Brexit Referendum in 2016. That is when the battle for the leadership of the Conservative government happen. Which was won by Theresa May, who has since been the Prime Minister and has put all her stakes in the basket of Brexit. Without delivering anything promising or anything positive for the future. The British and the Her Majesty’s Government haven’t become stronger, as she had a moment of clarity while on a trip in Wales in 2017, which lead to a snap-election the same year. That she called just two years into the term of the Representatives at the Parliament. However, she lost her majority on the 8th June 2017 election, which made a coalition with the Northern Irish Political Party – Democratic Unionist Party (DUP). Therefore, what she called out today, is hypocrisy!

Let me show you briefly, because she is back-tracking and misusing words… as she could call an election for possible gains of her party, which would help the Conservative in the negotiations with the European Union as they we’re withdrawing. However, that back-fired. That is why she will not call an election now. As she is afraid of losing for a second time in two years.

May had a moment of clarity in 2017:

Asked in an interview with ITV News later if there was a ‘moment’ when she changed her mind, Mrs May said: ‘As we were going through the Article 50 process the opposition attempts to jeopardise or frustrate the process in future became clearer. ‘Before Easter I spent a few days walking in Wales with my husband and thought about this long and hard. ‘I came to the decision that to provide that stability and certainty for the future this was the way to do it, to have an election. ‘I trust the British people’” (Daily Mail – ‘How only a handful of Cabinet colleagues knew about May’s June 8th election bombshell – after she reached ‘moment of clarity’ during holiday in Wales’ 18.04.2017, link: http://www.dailymail.co.uk/news/article-4420886/Theresa-calls-General-Election-June-8.html).

Call the same a betrayal in 2018:

But the PM adds: “We would get through it and go on to thrive.” She goes on to insist in her article that her government will not back another vote. “In the summer of 2016, millions came out to have their say,” she writes. “In many cases for the first time in decades, they trusted that their vote would count; that after years of feeling ignored by politics, their voices would be heard. “To ask the question all over again would be a gross betrayal of our democracy – and a betrayal of that trust.” (BBC News – ‘Brexit: May vows no compromise with EU on Brexit plan’ 02.09.2018, link: https://www.bbc.com/news/uk-politics-45385421).

I have a hard time to take her seriously, as she could call a General Elections after her takeover and lose majority in 2017, as the Brexit loomed on the Tories. Now, that the negotiations are going badly and the deals are becoming more damaging to the United Kingdom. Therefore, people are seeing the stats and reality of not being a member-state and the possible hardships of being outside. Now she wants the public to be respected, but their will wasn’t that endangered when she promised a strong and stable government in 2017, as she wanted to add majority on the David Cameron victory of 2015. However, that back-fired as we know.

That is why I have a hard time seeing the betrayal of the British people, when she has already called for snap-election herself, only months into her role as Prime Minister post-Cameron. Now, she is in a pickle and worried about the possible result. Than, it is an issue to call a new election or new polls. That is double standard. She will only call election when she thinks her party and her role can benefit. But not what is the best for the British in total. That is political back-stabbing to the public. Brexit are looking and looming, becoming more hazardous. Instead of trying to back-peddle and secure the future, she rather risk the status and the industries as she keeps power. That will be the legacy.

She could call an election as a moment of clarity on vacation in Wales. Maybe the Tories should send her to the mountains of Wales again. So, that she could get a new moment with her husband and maybe see a more favorable outcome. She might lose the months of negotiations with Brussels and possible damage of face, but that cannot be worse than how she danced in South Africa or Kenya, anyway. We know that. She knows that. Peace.

Chinese Investments in Africa: It is not a free-lunch, the tab has to be paid!

African leaders should not turn the continent into a giant collector of donations and loans from wealthy nations—they must find other plausible means to help established their economic security so as to minimize poverty. This incoherent blunder on the mainland must be scrutinized.”Duop Chak Wuol

As The 2018 Beijing Summit of the Forum on China-Africa Cooperation (FOCAC) is scheduled to happen on the 2nd and 3rd December 2018, there is time to remember how the Chinese is operating on the African Continent. The Chinese isn’t coming with empty giving hands of donations or even charity. They come with intent of interests and needs of resources from the continent, by offering loans, serving and building through state owned enterprises (SOE) in various of countries, whether it is roads, ports or railroads are built by Chinese Companies, by Chinese Workers and often on Chinese loans. Therefore, they might end up as Chinese owned enterprises, whose vital for transportation and export of needed minerals and whatnot from the continent.

Instead of coming with loans and direct-aid with strings like Western Powers has done over the last few decades, the Chinese are coming with friendly loans, but the Heads of State should know that the Chinese doesn’t play. They want value for money and expect a return, if it doesn’t they might snatch the new crown-jewel or anticipate to get perks from the state. If that is some sort of trade-off or licenses to extract mineral resources or even minor taxation like toll-roads, where the piece of cash will be sent to Beijing and not the capitol of the country where the road is built. That is how these people operate. They are not in it to play or be giving, but gain advantage and have the upper-hand.

This can be shown by what the State Media in China writes in Xinhua Net wrote today and what a CARI report on the same funds are saying. The Chinese portray the funding as investments on the Continent, as the funds are most likely pushed as loans, which burdens the states and that they have to repay. Loans are not given, but issued because of lack of direct funds to build those infrastructure and investments done. So, what I am saying isn’t mere speculation, but a narrative that has to sink in.

Chinese Investments:

China’s investments into Africa surged by more than 100 times from 2000 to 2017. In the past three years, annual Chinese direct investment into Africa was about 3 billion dollars on average. By the end of 2017, China’s investments of all kinds into Africa totaled 100 billion dollars, covering almost every country on the continent” (Li Xia – ‘Facts & Figures: China-Africa ties: cooperation for shared future’ 02.09.2018 link: http://www.xinhuanet.com/english/2018-09/02/c_137438845.htm).

Chinese Loans:

From 2000 to 2017, the Chinese government, banks and contractors extended US $136 billion in loans to African governments and their state-owned enterprises (SOEs). Angola is the top recipient of Chinese loans, with $42.2 billion disbursed over 17 years. Chinese loan finance is varied. Some government loans qualify as “official development aid.” But other Chinese loans are export credits, suppliers’ credits, or commercial, not concessional in nature. China is not Africa’s largest “donor”” (China Africa Research Initiative – ‘DATA: CHINESE LOANS TO AFRICA’ Version 1.1 August 2018).

They might try to conceal the reality, just like make-up is used on the face to fade the age or even marks that shows stress or pimples. However, the Chinese cannot be able to lie about their intent. They would not offer these sums of cash, without expecting a turnover or even profits. The Chinese wouldn’t allow all these billions of US Dollars spent on these nations to be spoiled and lost on the streets of Lome, Harare, Addis Ababa or Nairobi. They anticipate a return on the loans, either straight cash or getting pieces of the built infrastructure to advance the value of the Belt and Road Initiative (BRI).

That the Heads of State in Africa should be concerned as they are getting in debt traps, instead of being in cycle of positive growth, they are getting new loans to pay the old ones. They are using the same creditor to secure new loans on top of the old-debt. That is how it will continue, until a point where they cannot pay the defaulted debt and the Chinese would then come to snatch something of value to recoup the failing debt. Because they don’t want to write-off the big money without having anything in return. That is what the Chinese has done in Sri Lanka and might start elsewhere. There might be soon more control of port in Djibouti or railroad of Kenya, even the Ethiopia-Djibouti railway line too. As they want their value of money.

They might be all smiles and photo-ops in Beijing these days, the smiles and added loans to dozens of countries. The added “investments” and deals struck, but the Chinese will not do so without getting something in return. To think otherwise, is to be naive and think they don’t have an agenda by doing it.

There is nothing like a free-lunch and the people will learn that, the Heads of State will not directly pay the debt, but the states will do so. Maybe not in this decade or next 5 years, but sooner or later. The bill for the coffee and biscuit will come. Than it is all eaten, but tab still has to be cleared. Peace.

Kenya Revenue Authority: Value Added Tax Charge on Petroleum Products (01.09.2018)

Kenya: DPP’s Press Statement on Investigations into the Allegations of Misappropriation of Public Funds through Mismanagement of Fuel Consumption (31.08.2018)

Kenyatta’s Legacy will not be his fight against corruption: But the staggering growth of it!

I have issues with President Uhuru Kenyatta and Corruption. He has talked so long about battling it. However, nothing of substance happens. There are some political arsonists who is taken out, now and then. But the systems is more of the same. There are parts of judiciary and parts of government that are supposed to work directly against Corruption. Neither does them seem very interested to touch the high-ranking ones and their connected elites. Which eats of the embezzlement, graft, kick-backs and money laundering. This is done at a scale, which isn’t funny.

Why I don’t believe the President isn’t only because of NYS Scandal 1.0 and 2.0, the Ministry of Health tricks, land-grabbing by random individuals within the government or the Eurobond. But because of the report alone, which stated in June 2018, that Kenyatta’s government since 2013 until 2018 the rate of corruption had grown with 240%. That is why I doubt that this man, who is in his second term and final. Really cares about the fight on Corruption. He can lie to Western Media and the BBC. But the reality is that his government is rampant with Grand Corruption and we know it.

Some key quotes from yesterday:

It is something I am committed to do. It is what I want my legacy to be—the fight against corruption, and transparency, and to ensure that the nation’s resources are used in the manner it should be” (…) “As a government, as an individual, I am committed to this fight. This is an animal, this beast of corruption, is an animal that we intend to slay. What is remaining now is for our independent judiciary to do its job, and give justice for and on behalf of the people of Kenya” (…) “We can even go back to my grandfather, great grandfather. . . What we own, and what we have is known to the public. If there is an instance where someone can say what we have done is not legitimate, say it, and we are ready to face any court” – In an exclusive interview with the BBC Hard Talk’s Zeinab Badawi, President Uhuru Kenyatta” (Patrick Lang’at – ‘Kenyatta: Lifestyle audit can go back to my great grandfather’ 29.08.2018 link: http://www.theeastafrican.co.ke/news/ea/Uhuru-Kenyatta-on-Lifestyle-audit/4552908-4734014-143fnxi/index.html).

I have hard time believing this will be his legacy, the fight against corruption. Especially with his track-record. He is more likely about to tarnish the stability of the Kenyan Shilling and add enough debt to the Chinese. So, they have to trade away vital Mombasa Port or even rent away the whole Standard Gauge Way. As the Belt and Road Initiative (BRI) is made for that sort of transactions. That is if he is careful with his outstanding debts, as the state officials are eating more and more of the tab. This while the president claims to fight the rampant grand corruption.

He is maybe playing like a big-shot on BBC. However, when he comes home, it is back to our time to eat. He can be the king and the fighter abroad, but when he comes home. He will stay cool, only take out the ones who are in his way or to prove to point. The rest will get away with the evident thieving and grand corruption. That is to be expected, the ones who is charged is political motivated and done to take down, the previous power or the ones the Jubilee doesn’t need.

If this was his legacy, all the governing bodies wouldn’t have become worse in his time, but had stopped growing since Kibaki. Alas. That isn’t the case. Peace.

Byandala aquitted for the Project 1034 Mukono-Katosi Scandal: Thieving is apparently legal!

The Project 1034 Mukono-Katosi Scandal that is going as far back as 2009-2010, but the official starting point of the project was in 2014, as the scheduled end of the project was in 2017. This was the works of the Ministry of Works Abraham Byandala. He got siphoned money to a non-existent company, which didn’t work on others than imaginary stuff for years. The bills that the state totally paid was up to 24 billion Ugandan Shillings. That this man was in-charge of and took over the years.

This scandal isn’t new, the documentation between Byandala, the companies and Uganda National Roads Authority (UNRA) is all there, but that wasn’t good enough for him to suffer. That is because of his connection and that he is married to the upper-echelon of society. If he was an ordinary con-man he would linger in jail, but since he wears a suit and is connected. He could walk like nothing after a prolonged case and now they are clearing him of the charges. That happens as it has gone years since he ate this money and the state is ready to move on.

That the National Resistance Movement (NRM) are above the laws is proven with judgment like these. As the former Minister made up a company, siphoned money into the accounts of the make belief and made paperwork for possible road-works, without anything being delivered. The state paid for nothing and was still billed. They paid for ghosts and an a mirage made by the Minister.

This is like a really bad scam of the people and whoever carried the footed bills for company, which was non-existent. That shows the nerve of the NRM, as they are charging whoever oppose them, but their own thieves they are allowing freedom.

That Byandala has stolen billions of shillings is known. This was done while he was in power and he did it with others. As they tried all tricks to hide it, but it leaked and hit the public. As the prices of the road between Mukono-Katosi becoming to huge. The state was continuing to paying for a projects that lasted forever. That is why this is are real injustice. The people didn’t get the roads and their funds was taken by a Minister appointed by the President.

That is why this is insulting. As Byandala is walking away without a scratch, without an inch of pain and could take the billions like nothing. Peace.

RSA: EFF statement on Multichoice’s decision on the preferred News Broadcaster (29.08.2018)

The New York Gang is really getting implicated and circled around by the Special Counsel Mueller!

We know there are more trouble ahead for President Trump, as the news of the Executive Vice-President/Financial Officer of the Trump Organization and Trump Foundation Allen Weisselberg have gotten a immunity deal. The former Personal Lawyer of Trump, Michael Cohen pleaded a plea agreement, former campaign aide and transition chairman Richard Gates a plea agreement. Former Foreign Aide for the Campaign George Papadapolous a plea agreement. While former Campaign Manager Paul Manafort is guilty of 8 counts of various criminal activity and another trial up-coming. Also, guilty pleas from Michael Flynn, the former National Security Advisor and Trump associate Alexander Van Der Zwaan. Therefore, there are plenty in the nearest circle of Trump that has a criminal connection and pleaded guilty of crimes. That seems like being a trait with the people Trump works with. That is maybe why he want to make it illegal to be flipping to the authorities. As he wants nobody to rat him out and be the mobster on top!

This isn’t just a criminal case anymore, but more and more of the peeled onion are leading towards the United States President Donald J. Trump. As gang in and around him is either working as informants or are standing trail by the Special Counsel Robert Mueller. It isn’t mere speculations or conspiracy. There are two many close connected people who are indicted or even implicated.

Now the Personal Lawyer Cohen have pleaded guilty in paying off woman in the midst of campaigning, as a way of securing the Presidential Candidate Trump an advantage, by cheating not only on his spouse with this woman, but silencing them.

While the lawyer was doing so, the National Enquirer and their backer David Pecker has also pleaded guilty and gotten an immunity deal. As he has for years bought exclusive articles and information. While catching it and not realizing it, as a favor to the President. Now, that this is become more evident. There is still lack of care by the Republicans and the supporters of Trump.

It is like they are accepting that the organization, all of the political party and the President can be a gang of thieves, can be a gang of mobster and that the all supreme rulers. I called the Trump administration, the New York Gang and that seems more fitting by the day. What we can await, is more indictment, more immunity deals as the prosecutor are getting closer to the President.

We have to see if the family members will back-stab each other or they will see who falls on their sword. We have to see if the Republican party is all swallowed by this greed and not taking responsibility for letting the New York Gang run their organization. We have to wonder, who is the next one to fall. If that is soon Carter Paige or Roger Stone. Manafort is convicted, the others either pleaded guilty or gotten immunity. That shows the dire need. When will Corey Lewandowski or anyone else answer for what they did?

The New York Gang is really falling, but let us see how it will be dismantled and what it will take to crack the White House. See how far Trump can push it before the tiredness of the criminal court cases are going. There are already plenty people implicated and with information up the food-chain. We can wonder what else that is done behind closed doors and suddenly coming in the court documents by the Special Counsel. Peace.

Opinion: There is a 33 Percentage chance that DP Ruto was hurt by that IPSOS Survey!

The constant, perennial and unending headlines and opinion polls about me is sponsored by our competitors because they cannot match our development records” – Deputy President William Ruto

There are certain leaders that are afraid of their shadow, one of them is now apparently, Deputy President of Kenya, William Ruto. Whose been by a Game Changers Survey by IPSOS saying that he is the most corrupt politician in the Republic with a 33 percentage margin.

What the same survey showed there was lack of believe that the corrupt legislators or politicians would be put behind bars as well, the total was only 17 %. That shows, they have reasonable answers for the survey, as the likeliness of that to happen is small anyway. However, I will be commenting on the numbers and the answers after from DP Ruto.

That because he is really defensive and hurt by the people’s feedback. He calls it work to hurt him. If he had delivered a development record, there would be stadiums and lack of growing corruption. That is what has surged, the growing debt, austerity measures from the IMF and growing corruption together. That is a record I wouldn’t smile about, but cry, because I did this to own people. The people I represent.

DP Ruto should consider what he has done in office, has his wealth has sky-rocketed, he has gotten more assets, companies and land. Ruto knows this and the Kenyans knows this too. The Game Changers Survey shows that people are clear whose the most corrupt in their eyes.

He should maybe be more transparent of his growing estates, his village project, his hotels, his newspapers and growing empire in general. As the former walking preacher is suddenly richer, than God. That should put the imagination on most of the public. Since the money-train started to pour-in as quickly as he gotten into power and became the side-kick of Uhuru Kenyatta. Before that, he didn’t own that much and therefore, he was lucky to switch from Odinga to Kenyatta for political and economical gain.

Ruto cannot think everyone is blind and not seeing this. That he can fetch the word and blow it back. Since his family isn’t of a political dynasty, neither of blue-blood or old elites whose owned the Republic. Therefore, the rise of wealth has been extravagant in all ways.

DP Ruto should suck it in and wonder if people wasn’t more skeptical as he can donate millions every weekend, while his salary isn’t close to the donations. Therefore, people know he has the hand in the cookie-jar and wonder how much he is eating. This was his time to eat and plans to continue. He just want people to blind to it.

That is not how it works. With the perks, comes the jerks and time for him to go public and ask for forgiveness for his thieving. Not just go church and lie for what it is worth. Peace.