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ACQUISITION OF LAND

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Re: ACQUISITION OF LAND

Post  CGM-''Ng'wigi'' on Mon Jul 16, 2012 1:26 pm

Dear Forum Members,
Let me beg the Authority to give us the way forward on this issue of acquisition of Land.

CGM-''Ng'wigi''

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Re: ACQUISITION OF LAND

Post  CGM-''Ng'wigi'' on Tue Jul 10, 2012 4:40 pm

RJM,
Thank you for remind. It is true the issue was raised and not discussed but it came in real situation am facing.
Please let us dance!

CGM-''Ng'wigi''

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Re: ACQUISITION OF LAND

Post  RJM on Tue Jul 10, 2012 4:32 pm

CGM,

This topic was posted by Freddy.Mbeyella sometime ago. However, it was not discussed extensively and personally I posed questions on the motion as a catalyst. Follow the link below.

http://ppra.forumotions.net/t100-acquisition-of-building-land

Forum members, I believe it is high time now we give this topic a due weight as a matter fact Public Institutions do buy or procure land. Am unsure whether they BUY or PROCURE land.

Let us keep a ball rolling!


Last edited by RJM on Tue Jul 10, 2012 5:40 pm; edited 1 time in total

RJM

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ACQUISITION OF LAND

Post  CGM-''Ng'wigi'' on Tue Jul 10, 2012 3:49 pm

Dear Forum Members,
I came across with the following scenario when I was requested to give the advice on how to acquire land for PE's investment.

Let me explain what happened before asking me to advice the same issue. Management team ear marked some places within Tanzania region for the land for future investment. Some of places were acceptable and some places were rejected due to reasons/factors put by PE to acquire such land.

It was happened the preferable area found within DSM region with so much hectares with so many square meters and its amount was more than 1.5 Billion to acquire. The management team surveyed the area and agreed to be acquired. While the management team was discussing the way forward on acquiring on agreed area this including to invite the owner of earmarked land to come for price negotiation and other necessary requirements, Mgt decided to forward to me for procurement procedure advice.

The following questions I was asked were as follows;
1. For their approach was right to acquire such land and in that amount without touching procurement procedures?

2. If they were right, is there any provision of procurement law safe guard them to continue to acquire the land without using procurement procedures? (For instance, the issue of acquiring to be discussed in Management team to agree the acquisition), second to seek approval of acquiring and authority to acquire such amount from the approving authority-i.e Board of Management governing the PE and thereafter follow the procedure to pay and other legal requirements to be furnished without involving procurement proceedings)?

3. if they were not right, what was my advice for them to embark on the land acquisition by consideration that land every time and every day is appreciating, the price today is not going to be price for tomorrow, it needs high decision making because if you delay for admired area, other will take it.

For those three questions , I tried to ask myself the following questions before giving the advice;

1. What category of procurement for LAND stands, is it goods, works, non-consultancy services or property?

2. My first answer was it can be nether non-consultancy services nor works. My second answer was either goods or property.

3. If it is goods what characteristics of land to be goods?, and if it is goods, for amount of more than 1.5 billion exceed the threshold limit in second schedule of GN No. 97 of up to Shs. 800 million for national competitive and again you can not opt for international because I don't think if foreigners can own such land required and can compete in that way to provide the land in Tanzania.

4. If it is property, fine. what is the threshold of limit of application for such value for me to adopt any procurement method in second schedule of GN No. 97, because it silent in that kind of procurement. I tried to ask myself again, what if I can use national exclusive preference but such value/budget I am not sure if I will be in the right manner.

Dear forum members, after having all questions above, I totaly stacked and am still having not a good answer for me to advice the management team. I asked them to give me some how ample time to make consultations on how to go about.
By this stance, what is your advice, and how can I go about?.



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