Vintan Willgis Mbiro

• Appointment

This was a joint Receivership. I was appointed by the Tanzania Investment Bank (TIB) as a Receiver and Manager of ABL.

• Task

The main and only task was to recover Tanzanian Shillings Thirty-five Billion and Five Hundred Million (Principal amount plus Interest) from ABL due to unpaid loans.

• Status

The unpaid sum of Tanzanian Shillings Thirty-five Billion and Five Hundred Million was fully and successfully recovered through a private auction.

• Appointment

I was appointed by Tanzania Investment bank (TIB) as a Receiver and Manager of Konectt Cables & Wires Limited (Under Receivership).

• Task

The main and only task was to recover Tanzanian Shillings Six Billion and Eight Hundred Millions (Principal amount plus Interest) from the said Konectt Wires & Cables Ltd.

• Status

The only property which the company has was wire machinery which was sold, and a sum of Tanzania Shillings One Billion and Two Hundred and Fifty million (TZS 1,250,000,000) was recovered. Note: I am now in the process of closing the receivership through distribution of the sale proceeds to the deserving parties and deregistration of the company at BRELA. This process will be completed by the end of May, 2024. In the meanwhile, I have put onto notice the Guarantee of the Loan.

• Appointment

I was appointed by the High Court of Tanzania to be the liquidator of Kluene Drilling Company Limited to liquidate the company.

• Status

I am in the final stages of Liquidating this company. I am finalizing two tax issues. Therefore, I will be issued with a Tax Clearance Certificate (TCC)by the Tanzania Revenue Authority. With that, i expect to finalize this liquidation by the end of June 2024.

Currently, two other liquidations are being handled by other lawyers at Breakthrough Attorneys. In this liquidation, I have worked as an internal advisor to individual liquidators within Breakthrough Attorneys, where I serve as its Lead Partner. These Liquidations include Jimbo Management Ltd, Eco Net Media Tanzania Ltd, and Electrical Instrumentation Engineering Ltd.

• As a Director, I am responsible for preparing and implementing the company's tax and business strategic plans while ensuring that the company's vision and mission are achieved.

• As an active member of TRAB, I have been at TRAB for two consecutive terms of three years each. In August 2024, my second term will end, and by then I would have served the Board for six (6) years.
• Briefly, the Board admits, adjudicates, and determines all tax disputes in the Tanzanian Mainland. These include disputes on value-added tax (VAT), Income Tax, SDL, Stamp Duty and Customs
• Since 2019 to date I have paneled, heard and written opinions in more than 700 appeals and applications
• These appeals have involved multinational corporations and their subsidiaries, as well as local businesses.

The hearing procedure at TRAB has been as follows:

• Review of Pleadings and disputes by the Parties,
• Handling of Preliminary issues before hearing,
• Drawing up of issues for determination of the appeals,
• Admission of documents to be relied upon as Exhibits,
• Hearing of the appeals: Examination in Chief, Cross Examination and Re-Examination of Witnesses
• After the hearing, sitting down as a Panel of three people, that is, the Chairperson or Vice chairperson, and the two members for analysis of the evidence and deliberations,
• Writing of opinion(s) and submitting the same to the chairperson or Vice Chairperson for writing of the final judgment or ruling.
• Attending judgment or ruling delivery

Some of the cases I have attended include:

• North Mara Gold Mines Ltd Vs The Commissioner General (CG)-VAT Tax Appeal Nos. 75 and 76 (2016
• Ophir TZ Limited Vs The CG: Appeal Nos. 112 and 113/2016
• Pan African Mining Services (T) Ltd Vs The CG Income Tax Appeal Nos. 45 & 46/2015
• Bulyanhulu Gold Mine Ltd Vs The CG Income Tax Appeal Nos 189/2017
• Arab Consulting Engineers Moharram Bakhoum VS The CG Income Tax Appeal no.19/2018
• BG Tanzania Ltd vs. The CG: Income tax Appeal No.122/2017
• Bulyanhulu Gold Mine Ltd Vs The CG -Customs, Tax Appeal Nos
• Frankfurt Zoological Society vs The CG: Income Tax Appeal Nos. 23 - 45 of 2013
• Pangea Minerals Ltd v The CG: Application No. 6/2017
• Dangote Cement Ltd vs The CG: Appeal No 154/2017

• I have negotiated a number investment opportunities with off-shore multinational companies including: China Mobile International South Africa (Pty), Sagemcom, and TATA East Africa etc.

• Led, guided and assisted Philip Morris International to establish its subsidiary in Tanzania [PMTZ]
• Led the Team which represented PMI in high-level negotiation and proposals with various Government ministries and the Parliament regarding the proposal on excise taxes on tobacco industry in Tanzania
• Handling investment activities of PMTZ in Tanzania

• As the Lead Partner, I have led in preparing and implementing the firm's legal and business strategic plans while ensuring that the firm's vision and mission are achieved.
• As the Lead Partner, I have led, negotiated, and arranged for a number of investment undertakings for multinational corporations, including: Phillip Morris International (PMI), British American Tobacco (BAT), and Japan Tobacco International (JTI).

• I supervised and coordinated the listing and IPO of the Tanzania Cigarettes Company at the Dar es Salaam Stock Exchange.
• Handled and advised on all commercial agreements on manufacturing, marketing, and product development with suppliers, most of them being off-shore suppliers.
• Coordinated between TCC, Government departments, and ministries.
• Coordinated the legal office in Dar es Salaam with the regional office in Way Bridge, UK, and the head office in Geneva.

• I was appointed by the Minister of Energy to sit in the Board of Directors of Tanzania Electric Supply Company Limited (TANESCO) for two consecutive terms of three years each (2006–2011).
• During that period, apart from reviewing and setting up strategies, policies, and implementation, the Board was involved in reviewing a number of Power Purchase Agreement (PPAs), Implementation Agreements, Guarantee Agreements Share Pledge Agreements, MoUs on power generation and transmission, etc. with off-shore investing companies.

• I have served as a member of the Council of the DSE for two consecutive terms of three years each, thus making six years of service.
• During the period under review, a number of companies were listed or cross-listed. These include Tanzania Cigarette Plc, Tanga Cement Plc, Swiss Port Tanzania Plc, Tanzania Portland Cement Plc, and East African Breweries Ltd. Plc.
• As an evolving exchange, the council did quite a lot in terms of putting together rules and regulations that could give investors confidence by ensuring that the financial performance of the listed companies was well monitored.
• Represented all listed companies at the DSE Council
• Participated in the review, evaluation, and approval of IPO applications that took place within this period.

• I worked as a legal consultant from 1992 to 1999.
• Performed a wide range of consulting assignments in the areas of corporate, investment, and commercial laws and advised investors on the investment legal framework that prevailed in Tanzania at that time.
• Drafted and reviewed commercial agreements; general terms and conditions tailored to clients.
• Provided business legal support services to a number of multinational and local companies in the areas of mining, energy, manufacturing, telecom, banking, and construction.