The law firm successfully sought
compensation for alleged human rights abuses from North Mara Gold Mine on
behalf of 13 villagers.
Leigh Day is accused of doing injustice
the London-based law firm claims to be against.
By Staff Writer, Tanzania
A London-based law firm is accused of
shortchanging Tanzanian villagers a gold mine compensated for purpoted human
rights abuses; , news sources within Tanzania learnt
Leigh Day, which deals in employment law,
human rights, clinical negligence and personal injury, sought the compensation
on behalf of 13 villagers at North Mara Gold Mine.
The litigation against Acacia Mining Plc.
owning the mine was settled out of court in 2015, compelling the gold mine to
pay staggering Sterling Pounds 143,501.
Leigh Day though refutes taking a lion’s
share of the compensation paid, available evidence shows the firm pocketed over
61 per cent, leaving one of the victims with the remaining 38 per cent.
One of the represented villagers Charles
Marwa (not his real name) admits signing the Leigh Day’s letter on January 16,
2015, detailing his payment after the case was settled.
Leigh Day spokesperson Caroline Ivison says
the intensity at which African Barrick Gold defended itself in the litigation
as well as the duration of the case led to significant legal case costs,
denying the law firm benefiting from claimants.
Marwa was finally paid Sterling Pounds
55,500 while the firm took home Sterling Pounds 88,001.
Leigh Day spokesperson Caroline Ivison,
nonetheless, denied the firm benefiting from claimants as was the case with
Marwa saying the allegations were false.
“We strongly refute the allegations on
inappropriate and excessive fees,” said Ivison, explaining that significant
legal costs were compounded by the intensity at which African Barrick Gold
defended itself in the litigation as well as the duration of the case.
“No money allocated to claimants’
compensation was deducted for legal costs, we explained everything clearly to
every client,” said Ivison as she declined to divulge details of their clients’
payments saying they were confidential.
Marwa was shot and injured in 2008 when
invading the mine. A politician and activists linked him up with Leigh Day
which filed a law suit in the UK before it was settled out of court.
Intruders invade North Mara Gold Mine in
Tanzania. PHOTOS | FILE
Marwa, who is only one of the victims
Leigh Day filed law suits against the gold mine on their behalf, said the
politicians and activists told him the firm raised funds in support of
claimants like him.
“So, all what we needed was giving full
cooperation and following their instructions, assuring us that we would be
compensated handsomely,” said Marwa as he recalled:
“I was happy when I received the Sterling
Pounds 55,500 before my visiting cousin, who is a teacher at a neighboring
village, clarified to me what exactly was in the agreement letter I signed.
His cousin wondered the firm, which
pledged to assist the claimant free of charge, walked away with more than
Sterling Pounds 88,001.
“It pained me a lot, I felt and still feel
they used my problem for their own benefit,” Marwa lamented.
In its agreement letter, Leigh Day states:
“Given the difficulties and risks of litigation, including extremely
substantial risk of not being successful in the litigation, we consider that
the total sum constitutes very good settlement of the claim.
“If you accept the settlement, the
compensation paid in respect of the claim will be significantly more than you
would have achieved if you had sought to resolve the claim without Leigh Day
through the North Mara Gold Limited Grievance Mechanism.
“The amount that is proposed to be paid in
settlement of a claim has been calculated by using the maximum total amount
that could potentially have been awarded if your claim was successful.”
Marwa mulled resorting to court to seek
assistance only to be discouraged by the politician he considered supporting
him not picking calls after the payment was done.
Litigations and lawsuits on allegations on
human rights abuse at North Mara Gold Mine is a climax of a well calculated
syndicate.
Barrick president and Chief Executive
Officer Mark Bristow says he is proud of North Mara Gold Mine’s strong working
relations with its host community. PHOTO | MINING GMX
A cartel comprising business persons,
politicians and local and international human rights activists have for quite a
long time been spoiling ties between the gold mine and the hosting community.
On the frontage, intrusions into North
Mara appear as grievances against the mine, but a deep dive into the deadlock
debunks the ugly organised criminal invasions.
Marwa admits some sponsors had organised
the incident that led to his injuries, assuring him and his accomplices of
their safety, as police officers on duty had agreed to cooperate with the
intruders.
The intruders never noticed the law
enforcers agreed with were not on guard at the area, they kept on moving
forward even after several warnings.
“The police officers were resolute, making
us angry, thinking they were betraying the deal into which they entered with
our boss
We decided to fight and I got injured as
we confronted the police officers, several law enforcers were injured as well,”
Marwa explained.
A several months’ investigation by The
Tranquility News reportersteam revealed that the so-called mining invasions are
actually an organised crime.
Wealthier and influential business
persons, politicians and civil servants run the cartel assisted by several
unfaithful mine’s staffs.
The cartel has all along been enjoying the
cover of human rights abuses once its invading squads clash with police
officers guarding the mine.
The invasions are categorised in four
classes, with the first one involving youth, women, and the elderly having
little or no harm at all.
Allegations on human rights violation
against North Mara Gold Mine in Tanzania often call into question the
credibility of activists.
All what the first unarmed category does
is collecting few stones around the mine without intruding into the mine or
causing any violence.
The second and notorious category
comprises hired youth from different parts of the Lake Zone. The third
category, which consists of direct beneficiaries of gold ores stolen from the
mine includes influential and wealthier people who recruit the youth in the
second category.
This is the violent category armed with
machetes, daggers and other tradition weapons that invades the mine in a broad
daylight, as they dare police officers in their large numbers.
“On the façade they look like just youths
aggrieved by the presence of the mine, fooling some human rights outfits to
regard them as victims.
“They are very good at playing the
victims’ role, but in reality, they are the assaulters,” says Timasi Peter, the
chairman of Mujata, an NGO that deals with welfare of the society.
Mara Regional Commissioner Col Evans
Mtambi says a lot of disinformation surround regular invasions of North Mara
Gold Mine and that the matter has been politicised for both political and
financial gains.
The third category facilitates all
activities, including bribing officials when the need arises, and hiring,
paying and protecting the youth invading the mine to fetch them gold ores ready
for processing and selling at gold markets within Tarime District.
“The invasionsare well focused and
calculated to make them appear as just expressions of grievances against the
mine,” former village leader said on condition of anonymity.
“The litigations and lawsuits are not
against the mine, they are actually against Tanzanians owning the mine through
Twiga Minerals Corporation,” Timasi said.
Barrick and the Tanzania Government had
jointly set a model for the natural-resource rich country to benefit from the
godsend and avert resource curse, Timasi, who resides at Nyakunguru Village
situated a stone’s throw away from the mine, explainedΩ
Ends.