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Showing posts with label Inchatsavane. Show all posts
Showing posts with label Inchatsavane. Show all posts

Wednesday, 18 April 2018

SECRECY OVER COST OF KING’S NEW JET


King Mswati III the absolute ruler of impoverished Swaziland took delivery of his second private jet on Friday amid secrecy about the true cost of its purchase.

The A340-300 Airbus was flown into King Mswati III Airport with great fanfare just days before he was due to celebrate his 50th birthday. 

Mbongeni Mbingo, Managing Editor of the Swazi Observer Group, newspapers in effect owned by the King, wrote on Sunday (15 April 2018), ‘The buzz that filled the VIP Airport was one of sheer excitement as authorities, including those from the King’s Office, marvelled at the Airbus A340-300 which stood there monstrously.’

He added, ‘It was as if it was a statement of its own, the sheer size of this new state aircraft fitting the status of the head of state, and justifying the need for the country to go in search of a plane to cater for His Majesty the King’s international trips.’

King Mswati rules Swaziland as sub-Saharan Africa’s last absolute monarch. Political parties are banned from taking part in elections and opponents are prosecuted under the Suppression of Terrorism Act.

It has been widely reported within Swaziland and elsewhere that the 17-year-old plane cost US$13.2 million to purchase from China Airlines in Taiwan. The A340 Airbus is a long-range wide-bodied passenger plane. Usually, it seats 375 passengers and has a range of 12,400 to 16,700 km (7,700 to 10,400 miles). Following the purchase, the Airbus was completely refurbished. With the upgrades it could now be worth as much as US$30 million, but it has not been revealed how much the upgrades cost or where the work was carried out. It was reported on the website CH Aviation that the plane flew into Swaziland from Hamburg, Germany. 

In 2015, Luftfahrt-Versicherungslosungen AG of Zurich, Switzerland, a specialist aviation brokerage company, was tasked with finding insurance cover for the aircraft. It reported at the time the ‘agreed value’ of the plane to be US$15 million. It added, ‘Agreed value at inception will be US$15 million increasing to US$30 million during completion work over the next 11 to 12 months.’

Industry insiders said at the time the refurbishment costs could be more than anticipated by Luftfahrt-Versicherungslosungen, depending on the degree of luxury the King demanded. Plans were drawn up to build a state room, a lounge and a royal lavatory on the aircraft. Similar planes with ‘VIP’ upgrades of their interior were being offered for sale on the Internet for US$44 million.

A special hangar for the plane is to be built at King Mswati III International Airport at a cost of E200 million (US$16.6 million), to house the Airbus and the King’s other plane, a smaller modified McDonnel Douglas DC-9-87, also known as an MD-87. That plane cost US$9.5 million in 2012.

King Mswati has a global reputation for living a lavish lifestyle with fleets of top-of-the-range BMW and Mercedes cars and a Rolls Royce. The King has 13 palaces and he, his family, and their entourage take expensive international trips.  Meanwhile, seven in ten of the King’s 1.1 million subjects live in abject poverty on incomes of less than the equivalent of US$2 per day.

In the week that he took delivery of the plane, Pakistan donated US$1 million to help feed staving children in Swaziland because the Swazi Government says it cannot afford to do so. In 2016 the United States announced it would provide US$6.35 million in drought relief. This was US$1 million less than the deposit paid at the time on the King’s plane. About 300,000 people in Swaziland are still at risk of severe hunger as a result of drought and the government has declared a state of emergency appealing for international aid donations.

There has been no public discussion on how much it will cost to run the Airbus. Swaziland’s economy is in the doldrums and in March 2018 ahead of the national budget the King ordered his ministers ‘to prepare a budget that is based on available resources’. Finance Minister Martin Dlamini said in his budget speech, ‘Government has conducted a thorough analysis of our expenditure in order to prioritise only the most pressing concerns.’
 
It is possible to make an informed estimation on the ongoing costs of the new plane. This is based on the known costs of the King’s first plane, the much smaller MD-87. Documents seen by Swazi Media Commentary revealed the jet cost US$9.5 million to purchase in 2012 and at least another US$4.1 million was spent on refurbishments before the King took delivery.

In 2012 the King’s company Inchatsavane signed an aircraft management operating agreement with Greek-based Gain Jet Aviation. As part of the deal the King was required to deposit US$500,000, described as ‘average two months operating costs’ to guarantee future payments. On this basis the operating costs of the aircraft would be US$250,000 per month or US$3 million per year. In the six years since the jet has been flying, the operating costs would have reached US$18 million (about E216 million).

The figure set by Gain Jet Aviation was only an estimate. Another estimate of costs of operating an MD-87 is available from Conklin and de Decker, Aviation Information. 

It has set the total fixed cost of the MD-87 at US$1,124,525 for a year. This works out at US$93,710 per month. 

Fixed costs are the costs that have to be paid even if the plane never flies. Among the fixed costs it lists are salaries for the pilot, the co-pilot and the flight attendant.

Conklin and de Decker set the variable costs at US$9,736.20 per hour. Variable costs include fuel, maintenance, landing charges at airports, staff expenses and catering.

The US$250,000 per month or US$9,736.20 per hour anticipated for operating costs might be underestimates for the true cost of flying King Mswati’s MD-87.

Gain Jet Aviation invoiced the Swaziland Ministry of Foreign Affairs US$312,500 for a flight in June 2012 from Tokyo (Japan), to Manzini (Swaziland). The flight was spread over two days and included fuel stops in Danang (Vietnam), Male (Maldives), and Dar Es Salaam (Tanzania). The total flying time for the journey was 20 hours 50 minutes.

The company billed for a total of US$312,500, which works out at about US$14,880 per hour.

In August 2014, Gain Jet Aviation invoiced for a trip that was going to take place the following month over 14 days from Swaziland – Tanzania – Maldives – Malaysia – India – Egypt – Nice (France) – Cameroon – Swaziland. The total estimated number of flying hours was 39 hours 35 minutes.


The invoice total was for US$593,750.00, which works out at about US$14,843 per hour.

In 2015 the MD-87 was impounded
during legal disputes and the King leased jets for his travels. Papers filed in a court in Canada revealed he refused to use one jet that had been chartered for him at a cost of more than US$1 million because it only had one toilet, so, a second aircraft was chartered for him at a cost of US$1.425 million. 

Richard Rooney



Picture: Swazi Observer photograph of King Mswati’s A340-300 Airbus at King Mswati III International Airport in Swaziland.

See also

MONEY FOR KING’S JET, BUT NOT DROUGHT
KING’S COMPANY AT CENTRE OF JET ROW
https://swazimedia.blogspot.co.uk/2015/04/kings-company-at-centre-of-jet-row.html

Wednesday, 30 December 2015

NEW MOVE IN KING’S JET COURT DISPUTE



A court has confirmed that King Mswati III of Swaziland cannot sell or dispose of his private jet until a dispute over his alleged failure to pay a US$3.5 million debt is resolved.

The ruling was made in the British Virgin Islands on 23 December 2015after the East Caribbean High Court was told that there might be plans to lease the plane and then lease a second plane for King Mswati’s use.

There has been a long-running dispute between Shanmuga Rethenam, who owns a company called SG Air, and the King.

Rethenam, popularly known as Shan, succeeded in getting a freezing order from the Eastern Caribbean Supreme Court in the British Virgin Islands (BVI) in September 2015. 

SG Air claims that King Mswati owes it the money for repairs and modifications undertaken to his private McDonnell Douglas DC-9-87 aircraft in 2012. The case was heard in the Superior Court in Ontario, Canada, in June 2015, when the King won on a legal technicality.
 
However, pending possible appeals, King Mswati, through a company he owns called Inchatsavane, was forced to lodge a letter of credit for US$3.5 million with Canadian lawyers, in case he lost the appeal. The money was due to be released on 15 September 2015.

Since the Canadian court case, the Swazi Government announced it intended to try to lease out the aircraft, valued at about US$14.5 million, and in turn lease the King a larger, more luxurious jet, with the possibility of buying it at a later date.

The BVI Commercial Court was told the DC-9-87 was flown from Swaziland to South Africa and back again since September 2015. There was a dispute that this might violate the freezing order. The plane is presently at Matsapha Airport in Swaziland.

The freezing order means the King cannot dispose of the aircraft or its engines until the court case over the alleged debt is resolved.

The court order was made in the BVI because that is where SG Air is incorporated. 

The judgment of the BVI Commercial Court, delivered by Judge Gerald St. C. Farara, was that the freezing order on the aircraft’s movement should continue pending the outcome of the financial dispute.

See also

KING WINS JET CASE ON A TECHNICALITY


SWAZI KING NOT ABOVE LAW IN CANADA


Tuesday, 20 October 2015

KING: ‘I’VE NO ASSETS OUTSIDE SWAZILAND’

King Mswati III of Swaziland who was once reported to have a personal net worth of US$200 million has told a court that he has no assets outside of Swaziland.
 
He made his statement in a case where he is personally being sued over a US$3.5 million debt relating to repairs and improvements to his private jet aircraft. 

The Eastern Caribbean Supreme Court in the British Virgin Islands (BVI) made a freezing order against the King, who rules Swaziland as sub-Saharan Africa’s last absolute monarch, which meant he could not dispose of his jet until the debt dispute was resolved. King Mswati was also required by the court to disclose his assets. 

In an affidavit to the court, Sihle Dlamini, the King’s Private Secretary and Director of Administration at the King’s Office, who had been authorised by the King to swear on his behalf, stated the King had no ‘commercial assets’ outside of Swaziland. He also stated the King, ‘does not own any assets in the United Kingdom’ and that the King did not ‘own any assets in any overseas territories of the United Kingdom’.

He also stated that the King and the King’s company Inchatsavane, which is also being sued, ‘do not own any other property, solely or jointly, in their own name or not, in any other jurisdiction outside of Swaziland’.

King Mswati’s wealth is a closely guarded secret. In August 2007, Forbes magazine first disclosed that his personal net worth was US$200 million (E1.4 billion at the then exchange rate). That figure was revised downwards in later years. 

In June 2014, Forbes estimated his wealth had fallen to US$50 million, which made him the third wealthiest monarch in Africa. 

Forbes reported, ‘The King is one of Africa’s wealthiest royals. His personal net worth is at least $50 million, based on the annual $50 million salary that he is paid out of government coffers. 

‘He also controls Tibiyo TakaNgwane, an investment holding company that owns stakes in sugar refining giants Ubombo Sugar and Royal Swaziland Sugar Corporation (RSSC), dairy company Parmalat Swaziland, spirits manufacturer Swaziland Beverages and hotel chain Swazi Spa Holdings. The company has assets worth over $140 million, but he holds it in trust for the people of Swaziland.’

In 2012, Forbes named King Mswati as one of the top five worst rulers in Africa. 

It reported the King ruled over a kingdom which has one of the world’s highest HIV prevalence rates: over 35 percent of adults. Its average life expectancy is the lowest in the world at 33 years; nearly 70 percent of the country’s people live on less than US$1 a day and 40 percent are unemployed. 

It added, ‘But for all the suffering of the Swazi people, King Mswati has barely shown concern or interest. 

‘He lives lavishly, using his kingdom’s treasury to fund his expensive tastes in German automobiles, first-class leisure trips around the world and women. But his gross mismanagement of his country’s finances is now having dire economic consequences. Swaziland is going through a severe fiscal crisis. 

‘The kingdom’s economy is collapsing and pensions have been stopped. In June last year [2011], the King begged for a financial bailout from South Africa.’

In February 2011 the Mail & Guardian newspaper in South Africa reported King Mswati also had US$10-billion that was put in trust in King Mswati’s name for the people of Swaziland by his father, King Sobhuza II.

In 2015, a report from the United States government concluded there was no oversight in the kingdom on how the King, his 15 wives and vast Royal Family spent public money.

See also

KING DIVERTS WEALTH FROM HIS SUBJECTS
KINGDOM’S WEALTH STAYS WITH THE KING
KING MSWATI SPENDS AND SPENDS

Wednesday, 23 September 2015

SWAZI KING’S JET DISPUTE BACK IN COURT

A court has ordered that King Mswati III of Swaziland cannot sell or dispose of his private jet until a dispute over his alleged failure to pay a US$3.5 million debt is resolved.

This is part of a long-running legal dispute between Shanmuga Rethenam, who owns a company called SG Air, and the King.

Rethenam, popularly known as Shan, has succeeded in getting a freezing order from the Eastern Caribbean Supreme Court in the British Virgin Islands (BVI). If the King fails to comply with the order he faces contempt of court charges and possible imprisonment.

SG Air claims that King Mswati owes it the money for repairs and modifications undertaken to his private McDonnell Douglas DC-9-87 aircraft in 2012. The case was heard in the Superior Court in Ontario, Canada, in June 2015, when the King won on a legal technicality.
 
However, pending possible appeals, King Mswati, through a company he owns called Inchatsavane, was forced to lodge a letter of credit for US$3.5 million with Canadian lawyers, in case he lost the appeal. The money was due to be released on 15 September 2015.

Since the Canadian court case, the Swazi Government announced it intended to try to lease out the aircraft, valued at about US$14.5 million, and in turn lease the King a larger, more luxurious jet, with the possibility of buying it at a later date.

The DC-9-87 is reportedly undergoing repairs in South Africa and one of its engines might be sent to the United Kingdom for further work. The BVI court freezing order applies to both South Africa and the UK.

The new freezing order means the King cannot dispose of the aircraft or its engines until the court case over the alleged debt is resolved.

The court order was made in the BVI because that is where SG Air is incorporated. It is impossible to take court action against King Mswati in Swaziland, because as the kingdom’s absolute monarch he is immune from the law.

See also

KING WINS JET CASE ON A TECHNICALITY
SWAZI KING NOT ABOVE LAW IN CANADA

Monday, 22 June 2015

KING WINS JET CASE ON A TECHNICALITY

The company that sued King Mswati III of Swaziland for US$3.5 million in unpaid bills relating to his luxury private jet has lost its case on a legal technicality.

But, the Appeal Court in Ontario, Canada, said the issue of the unpaid debt could still be pursued at a different court. 

Air Leasing (SG Air) had sued in the Canadian courts under the Repair and Storage Liens Act. It said it had paid the money for repairs and upgrades to the King’s private jet, a MacDonnell Douglas DC-9 jet (also known as MD87). It had expected the money to be repaid by King Mswati, but this did not happen.

The Appeal Court in Ontario in a judgment dated 17 June 2015 decided that SG Air was not eligible to sue under the Repair and Storage Liens Act because the company was not an aircraft repairer and it did not undertake the repairs to the jet aircraft itself. The court accepted that SG Air might have paid the money for other companies to make upgrades to the jet.

The court said the issue of the unpaid debt was not within its jurisdiction and this would have to be pursued elsewhere.

The Appeal Court denied a request from King Mswati’s lawyers to release a US$3.5 million letter of credit the Swazi Government was forced to deliver in order to get the jet released from the custody of the court in May 2015.

The letter will still be held in trust in a bank in case SG Air decides to appeal the decision to the Canadian Supreme Court.

SG Air has not yet said if it will appeal the decision.

This should bring to a conclusion a story that began in May 2010 when, in the depths of Swaziland’s worst financial crisis in its history, King Mswati III secretly bought himself a private jet for US$11.45 million.

He then committed himself to paying another US$6 million over five months for luxury modifications.

While this was happening the Swazi Government, which he handpicked, was slashing department budgets and public services by E1.5 billion (US$150 million) in an attempt to keep the kingdom out of bankruptcy. Seven in ten Swazis continue to live in abject poverty with incomes of less than US$2 per day.

In December 2010, unable or unwilling to pay his debts, the King sold the plane to Millers Capital, a Singapore-based investment company, for US$7.5 million – US$3.95 million less than he paid for it five months earlier. In April 2012, he bought the plane back from Millers for US$9.5 million – US$2 million more than he had sold it. He then claimed to the Swazi people that the plane had been donated to him by development partners.

Papers presented to an Ontario court on 9 April 2015 revealed that on 20 May 2010, SG Air, a company incorporated in the British Virgin Islands, sold the jet to Inchatsavane, a company whose sole shareholder was King Mswati, for US$11.45 million. The sale was for the shell aircraft and engines and did not include the interior.

There was an additional agreement between Inchatsavane and Goderich Aircraft Inc (GAI) of Ontario, Canada, to modify the interior of the aircraft for a price of US$6 million, which was to be paid by the King’s company in instalments between 7 June 2010 and 8 November 2010.

In November 2010 GAI said that Inchatsavane was in arrears of payments by about US$2.6 million.

A close business associate of King Mswati introduced him to Millers Capital to assist Inchatsavane to obtain financing to pay off the debt.

On 30 December 2010, Millers Capital bought the aircraft from Inchatsavane for US$7.5 million, of which US$3 million went to GAI to pay off the arrears and US$4.5 million went to the King through his company Inchatsavane.

The court papers alleged that there was a verbal agreement between Millers Capital and Inchatsavane that the King would be allowed to repurchase the plane at a later date for US$9.5 million.

While the King was making this secret deal to secure the future of his private luxury jet, the Swazi economy was in free-fall. The mismanagement of the Swazi economy was so grave that in August 2010 both the International Monetary Fund and the World Bank refused to support Swaziland’s attempt to raise a US$500 million loan from the African Development Bank.

In August 2011, GAI said it was insolvent and could not complete the upgrading of the aircraft. SG Air agreed to fund the continuing upgrading on the understanding that the King’s company Inchatsavane would repurchase the aircraft from Millers Capital for US$9.5 million.

The court papers stated that if Inchatsavane did not buy back the plane, SG Air had an understanding with Millers Capital that the aircraft would be sold and SG Air would recover its expenses from that sale.
As of 17 April 2012, the costs paid by SG Air on behalf of Inchatsavane for the modifications to the jet totalled US$3.275 million. 

SG Air paid a further US$1.37 million in connection with repairs and improvements to the plane. This took the total amount payable to more than US$4.6 million.

The upgrades were all to increase the luxuriousness of the jet and had nothing to do with ensuring the King’s security. The court papers stated the jet had nothing in it ‘making it unique or necessary for HMK [His Majesty the King] to conduct any state / sovereign business’.

The papers added the aircraft had, ‘no missile detection  system, no military radar, no ammunition resistant steel, no in-flight refuelling connection, nor does it have any advanced avionics and defences or electronic counter measures to interfere with enemy radar. 

‘Practically speaking, the aircraft is an “ordinary” airplane retrofitted with luxury amenities.’

The King through his company Inchatsavane repurchased the jet on 18 April 2012 for US$9.5 million from Millers capital, through Wells Fargo in its capacity as trustee. This was in line with the verbal agreement they had made in December 2010.

The government which is hand-picked by King Mswati, who rules Swaziland as sub-Saharan Africa’s last absolute monarch, made several public statements in April 2012 to say the jet had been donated to the King as a gift by ‘development partners’.

This was the first public announcement made about the plane, although it had originally been purchased nearly two years earlier in May 2010.

The King’s Prime Minister Barnabas Dlamini, said on government-controlled radio that the King had been given the jet as a birthday gift, ‘from development partners and friends of the King, to be used by their majesties for travels abroad’.

Government spokesperson Percy Simelane said at the time, ‘The donor has asked to remain anonymous and we stand by that agreement.  We don’t owe anybody an apology for having been lucky to have someone purchase a jet for the King.’ 

In April 2015, the court papers stated that although Inchatsavane had not remitted the outstanding monies owed, SG Air did not press for payment ‘aggressively’. But, by November 2014, more than two-and-a-half-years after the plane’s repurchase, SG Air told the King it was ‘imperative’ that it be repaid.

To facilitate a speedy resolution, SG Air agreed with King Mswati that US$3.5 million should be paid to SG Air as ‘full and final’ settlement of the costs in connection with the aircraft. By making this offer, SG Air wrote off US$1.1 million of the debt.

By 16 December 2014, the debt had not been paid and SG Air succeeded in obtaining an attachment of the plane for unpaid debts of the aircraft which was in Goderich, Ontario, for routine maintenance. The plane was eventually released after the Swazi Government delivered a letter of credit for US$3.5 million which is being held in trust in a bank until the court case is concluded. This guarantees the King will be able to pay the debt if the court orders him to.

See also

SWAZI KING NOT ABOVE LAW IN CANADA
SWAZI KING IS ABOVE THE LAW, COURT TOLD
WHO PAID FOR SWAZI KING’S JET
REVEALED: COST OF FLYING KING’S JET
SWAZI MPs CONFUSED OVER KING’S JET
REVEALED: DETAILS OF KING’S NEW JET
KING'S COMPANY AT CENTRE OF JET ROW
SWAZI KING ‘REFUSED TO PAY JET DEBT’
SWAZI KING’S JET HELD FOR UNPAID DEBTS
‘SWAZI KING TO BUY US$44m PRIVATE JET’
http://swazimedia.blogspot.com/2015/04/swazi-king-to-buy-44m-private-jet.html