Greetings Home |
Previous Greeting |
Next Greeting |
Previous Dhow Logbook |
Next Dhow Logbook |
Crtd 05-10-03 Lastedit 15-09-14
Drying a Yard: Grand Finale
Previous About the Drying Issue |
Nataka pesa. I need money, Daniel had said September 30, 2005.
That day I now call Grand Finale Day 1.
I told him that now we had a problem because
But I would think about it. My next task
would be to make a strangling contract with detailed itemized en specified list
of jobs, a strict time table and money penalties for delays. Quite some work, as
now I needed to interview independent experts, carefully inspect other dhows, and
visit shops for prices. My main source of information Daniel, my dhow builder,
was unreliable. Of course I frequently had to visit the dhow site to check
work at the other dhows, to ask workers I trust about technical details and to
lure Daniel into specifying his needs and check them against my independent
information. Jeremia, my controller, whom I had abandoned after he had joined Daniel in
questionable demands for more money and doing bad carpentry for me himself (see
Doldrums), now
appeared as a worker on the dhow yard, working in a boat made of what I
suspected to be
my mninga wood, thus confirming again the soundness of my
decision to dump him.
Two days later I went to Daniel with one of my house mates, to avoid Kiswahili
miscommunication.
And there what I was long fearing happened:
Daniel now came up with a big list of mninga wood planks he needed to buy: for
finishing the hull, for the floor and for the decks. So, my suspicion of wood
used elsewhere and sold proved true.
I told him that both he and
Jeremia had assured me the wood Hamadi had delivered 19 May was all we needed
for the entire dhow and that he had even signed for one of my payments as for
"final payment of the wood". He acted as if he did not understand. At home I
calculated in Excel, using all wood specifications very precisely, that the Hamadi wood would suffice for the entire dhow
if waste of the
wood while shaping would be 41%. I asked Feleshi, the manager of Daniel's saw
mill, about waste rates. His estimate was: between 25% and 30%. Feleshi advised
me to pay Daniel the TSh 2 M he had asked, why not? Then he could finish the
dhow and also pay his debts to Feleshi's saw mill. The latter part of his reasoning
did not assure me, but it gave me a clue that Feleshi might be a useful ally, as
one of my house mates had already suggested. The saw mill is of the African
Inland Church, Feleshi is working for the church, Daniel is an African Inland
Church member, so may be even God might come to help me a bit.
Summarizing
Daniel and Jeremia had told me that the Hamadi supply of May contained all the wood,
That
was not good for my temper, especially because after ordering that wood it had taken five months to arrive at the saw mill. Fortunately everybody at the yard assured me
that at the moment many mninga logs were for sale in town, the mninga wood
protection mafia seemed to have collapsed.
After a week or so, Daniel gave me a time table for finishing the dhow, probably grossly optimistic, purely meant to lure me into
paying: without any speed pressure from my side, he scheduled
for delivery at the totally incredible time of 53 days, early December !
On Grand Finale Day 14 ("Daniel's Friday" is
another name I give to this day) I had finished my contract construction drawings and
detailed itemized work list. I printed a strangling modification of the contract and
was prepared to pay the next TSh 2,000,000/=, now with Feleshi as the witness.
On returning home, Kees, who signed our original contract on my behalf
informed me that he had a phone call from Daniel. If I would not pay tomorrow
Daniel would sue Kees on Monday.
Kees was nervous, but of course this was a very welcome mistake of Daniel.
No new contract yet! First a little more drying, while Feleshi
and I could press Daniel's nose firmly on the old contract.
I wrote a bilingual
letter to Daniel
explaining why his threat to Kees had been illegal, and redrafted my
proposal for a new contract in a short report
containing
That report
was for Daniel to sign before we even would start to consider under what
conditions he could get some more money.
I waited not only till Daniels ultimatum had expired but even well until after
the time he had said he would go to court: Grand Finale Day 18 evening at
dusk. Then, I went to the yard. I told Daniel I wanted a
private conversation. My Kiswahili - with of course preparation and exercize at
home -meanwhile was good enough. In it, I told him he ought to have known all the time that
Kees had nothing to do
with it, certainly not now I was here myself for two months watching very little
happening. I gave him the bilingual
letter to read.
He called his brother Charles, an older sympathetic man, speaking some English,
with some education. Charles looked at me with understanding. He explained
Daniel what was in the letter. Then, I told them that I had had money and
contract ready Friday but brought my money back to the bank after hearing about
his threat to Kees. Now I gave Daniel my report
about payments, delays, wood loss, exact contract obligations etc.. Daniel maintained
that all wood had been used
for my dhow.
Impossible. No way. I had already feared this wood loss, having seen some smaller mninga
boats being built on the yard. Before the arrival of my mninga there had been no building
with mninga at all. I had no doubt: we lost 30% of the wood to other jobs and
possibly sales.
Daniel still insisted he was in his rights to demand money. He wanted Jeremia and
Kees to report
and explain themselves.
I said we could discuss a modification of contract, I did not need Jeremia, but
neither did I object. Kees had now become impossible. He would not come
because he was now very angry, I lied (Kees feared).
Charles understood this and explained it to his brother.
I proposed Feleshi, saying, in truth, that he was the one suggesting I should
simply pay TSh 2 M now.
Then I showed Daniel our the original contract - and attachment to my report
- and pointed
exactly where
he had signed that I for "final payment of the wood" "finishing the hull" ,
"painting" "launching the dhow in the water" and "finishing the
dhow".
Daniel asked me for the contract. He had lost it. That was good luck for me
because bloody Kees had forgotten to skip the word DRAFT from the
contract's title page, so he had been signing a "draft contract" with Daniel.
Daniel got the entire report, including a copy the signed contract where I had
erased the D-word. I told him to read it carefully because he would have
to sign it before there would be any talk about conditions further money
advances.
We agreed to meet with Feleshi the next day at noon.
I go home and call Oscar Munisi, commodore (president) of the Mwanza Yacht Club, to ask
whether he would be willing to attend a signing ceremony of the modification of
the contract two days later.
He is ready.
Grand Finale Day 19 noon: Feleshi is present. No Daniel. I decide to create a little
"African Inland" problem. It it true that Daniel has two wives? I ask Feleshi.
No, he is a good Christian, he has one wife.
One time, I tell Feleshi (in truth), I missed him at home and the children said
he had gone to his other wife.
No, no, Feleshi replies, he is a good man.
I act as if I set that story aside.
I give Feleshi airtime for his
cell phone and return home.
I decide not yet to call MYC commodore Oscar Munisi to cancel the signing
ceremony tomorrow. Instead, I report to Kees.
While at Kees' house, Jeremia calls me. Daniel had told him I was going to sue
him. Jeremia wants to advise me what to do.
You do not need to tell me what to do, Jeremia, but you will have no problems
with me. Bye.
Same Day Five o'clock evening Feleshi calls. He has found Daniel. I go to the saw
mill.
Daniels speaks about a sick wife, explains his legal aggression on his
"Daniel's" Friday with the urgency
of his debts (among which TSh 130,000 to Feleshi's African Inland Church saw
mill).
But Daniel, if I am going to pay you, it will be for finishing my dhow, not for
paying your debts.
I say this in English, Feleshi even refuses to translate.
Did Daniel tell Jeremia that I was going to sue him?
No, Daniel said, he did not.
Feleshi gives inspiring speeches and gives ample guarantees to both parties.
Daniel again refers to the need to buy wood.
I again point to him and to Feleshi where exactly he
signed for "final payment
of the wood". I add I have paid even for launching.
Daniel denies.
I point at the exact place where he
signed for
"launching water".
Daniel did not bring the report I gave him and demanded him to sign, but of
course I brought a copy.
With a lot of pressure of both Feleshi and me he signs, but only after adding
some sentences which leave open a slight possibility he might later claim he did
not agree completely. OK, I thought, we shall repeat the crucial phrase of full
agreement with the report in the modification of the contract, and add the
report as an attachment.
I take the signed report and give copies of the draft modification of the
contract to Feleshi and Daniel.
That is too much for both gentlemen. Couldn't I pay my TSh. 2 M now?
No, I explain, tomorrow at noon I come with Mr. Munisi, a very important man in
Mwanza, then we all sign and I pay. Moreover, I lie, I even can't pay. It is six
o'clock now, we agreed to meet at noon, and since Daniel did not show up and
banks close at three, I brought my money back to the bank.
We agree for tomorrow at noon with Commodore Munisi. I give Daniel my Kiswahili the draft
time table, detailed building instructions
and the draft
contract which now contains
dates when external experts will inspect work that should be finished by then, 2
year guarantees on painting and one year guarantee on wood work. It also puts me
in the position of permanent supervisor of the yard, with authority to give
orders as far as my boat is concerned. After more than one month of further
delay (after Februari 1, 2006) Daniel will pay a fine of TSh 50,000/= every week, after more than two
this will become TSh 100,000/= every week..
I go the the Yacht Club, hoping to find Munisi, but end up in the company of some Australian gold mine drillers. Australian is not a difficult language. Instead of "I have been drinking sufficiently, I am going to retire", just say: "Fuck, I am fucking choked by that fucking beer, I fuck off to my fucking house". They carry the latest high definition screen palmtop cell phones tucked with porn movies. After an unwise attempt to keep up with their drinking speed I end up in the toilet with the wrong hole down.
Photo: Gold Mine Drillers in Action
on Mwanza Yacht Club:
Say Fucking Hello To Fucking Mam!
2'nd from right you wouldn't believe it: a philosopher
Grand Finale Day 20, The next day I buy a bottle of
whiskey for my guest of honor, the MYC commodore Munisi, take money from the bank (for
the first time, to be honest), print the contract - repeating the statement of full
agreement with the report - and attachments 5 fold. I had agreed to meet Munisi at MYC and go together to the saw mill. On our way
to the dhow yard and saw mill 5 km north of Mwanza town I call Feleshi. He is
still in town! But he will quickly take a taxi. Munisi proposes take the
opportunity to show me his
house, which happens to be near the saw mill. After a beer, we go to the saw
mill. No Feleshi, no Daniel. I show the dhow to Munisi. We do not wait any further:
almost two hours after the agreed meeting time we leave and decide to give the
gentlemen one day to think and then give them a last chance if they come to the
yacht club at a time we would be there anyway.
On the way back to town I call Feleshi.
Where are you now? he shouts through the phone, agitated.
Does not matter, Feleshi, there is no Daniel here, we can do nothing. Mr. Munisi
is a very important man, we are now two hours late, he could not wait any
longer, and I came with his car, so I can change nothing, sorry, call you later.
I hang and switch off.
Grand Finale Day 21. I had slept well, since this was a day entirely
devoted to bring Daniel, hopefully with the help of Feleshi, in another state of
mind simply by being absent and unreachable. In the village on the top of my
hill is an election meeting with a lot of noise. Since I have TSh 2 M here, and
more, and since all my neighbors of all ages are up there and thieves can know that, I
have to stay home, sleeping a bit in the company of Greeneye,
with whom I recently became friends. Our favorite game is to look threatening in
each other's eyes. The one who starts to sweat first pays a fish. I always lose
(click here
for a picture).
In the evening I call Feleshi to hear what Daniel had said. His wife now even
hospitalized (I still have a hard time to believe it, which one? I can't help
asking Feleshi). Daniel also had said he had been unable to
excuse himself: my telephone had been blocked and Feleshi's one (another
provider) also. Not credible.
Daniel was willing to sign the contract.
I simply tell Feleshi that Daniel now has to come to the Yacht Club and take
him, Feleshi, and his brother Charles.
Feleshi wants to meet the next morning at eight at the saw mill. I agree to come
at 9:30, only to agree for a meeting with Commodore Munisi at the Yacht Club.
I call Munisi, who proposes 19:00 the next day. If I am there and the gentlemen
arrive, he will come
Photo: building six weeks in a standstill, dhow now serving as an election billboard....and they don't use glue!
The next day, Grand Finale Day 22. My dhow is now in use
as billboard for the coming elections, the poster attached with firm nails. No
Daniel. I was prepared for that and hand over to Feleshi a
last warning to Daniel: be at the MYC at 19:00 and take Feleshi and
Charles.
In the afternoon Feleshi calls and asks whether I could not come to the saw
mill. Daniel is there.
I tell him I am not coming. MYC 19:00 please.
At 18:59 hrs Daniel and Feleshi report at the Yacht Club. No brother Charles.
I call Commodore Munisi. His neighbors are morning a dead, he cannot come but
called MYC secretary Markus.
I call Markus. He had heard only of some meeting and would come in an hour.
I offer my guests a drink (which was seen as an invitation to order an amazing
amount of drinks on my
account the rest of the evening). Time to discuss details. Now the time table is
not any longer a loose phrase to lure me into paying, Daniel takes a closer
look, but remarkably ends up at delivery at Christmas if I now pay TSh 2 M and
the remaining TSh 2 M on delivery. Left and right he is negotiating some penny's
and cents, that I whole-heartedly make available. Finished. Agreed.
MYC secretary Markus arrives. We made too many handwritten corrections, he
holds. We had better reprint the contract.
I prepare to go home to do it quickly. My business partners inform me they are
hungry. This is meant to say they do not have the three dollars for the food. I
tell them to order on my account.
After an hour I return with a corrected print of the contract.
Now, Markus claims my Kiswahili might cause problems. My business partners might
find escapes in it.
Can't we correct this by hand?
You are in a hurry, but you should not be. Go to a lawyer.
Markus, I realize, is right. I want to strangle, so now I should be prepared
to make a quality rope even if for a good price.
I tell the news to Daniel and Feleshi, acting out a defeated face.
They accept fate.
I pay the bill. A fortune to Mwanza standards:
I offer to bring them home.
Feleshi takes Daniel and me together and complains that he is working like us
but there is nothing in it for him.
Sure he would never have come if that were true, so I console him with the warm
friendship that is rapidly growing between us, he can always call me when he
needs me. Neither does Daniel show any sign to consider reaching in his pocket
for Feleshi.
I drive them home. Daniel first. After he has stepped out, Feleshi says: I have
asked Daniel about these two wives, he said yes, I have two wives. He
giggles a bit.
Good, I think - in silence of course - a little common secret enhances discipline
in the African Inland Church. At least, I hope, until Christmas. After that, my
dhow is now supposed to be ready.
Grand Finale Day 23. Rafael, the MYC manager (highest of paid staff), was ordered by secretary
Markus to take me to lawyer A at 11:00.
However, Rafael had called the commodore about it, who decided for B.
Rafael
had again called the secretary, who complied. Both A and B are MYC members.
Something is going on here which happily is not of interest to me, as long
as this puts the prestige of the entire Mwanza Yacht Club at stake in the
finishing of the dhow. My B
however was aiding C in campaigning for the ruling CCM party (see the picture of
my dhow above) in the country. C is also an MYC member. C would probably come
drinking tonight.
But he is not around. I go home, a potent cold is taking painful grip of my nose and head. For the first time in my life I take paracetamol.
Grand Finale Day 24. I really should have stayed home with this very bad
cold. But I go and find lawyer B's (Faustin - great name for a lawyer
- Malongo) cell phone number. He asks me to leave the draft contract at the Yacht
Club for him to pick up
tonight.
Grand Finale Day 25. 08:00. I am still sleeping.
Lawyer Faustin Malongo
calls to
tell me he needs the original contract that we are now modifying. As expected, he is now eager to take the whole job of drafting
and passing the contract, not with a Yacht Club Board member but with a
another witness-lawyer. As expected, he is not talking about price now but I
know he will write me a fat bill. I resign. At least, for
the first time in building this dhow I am not the one who is doing the
waking up. At 9:00 I am at his office to give him the papers. An impeccably neat western style
lawyer's office, including the notorious impressive bookshelves, computer
network and even the well known pedantic paintings of the the founders on
the wall. The Mwanza branch of a 35 staff Tanzania wide lawyer group. Faustin is a young staff member. With brains. We talk..
To my satisfaction the contents of my Kiswahili draft for modification of the
contract is fully clear to him without much further explanation. He will
rewrite it in legal Kiswahili, and agrees it is a good idea to append
the rest of my Kiswahili paper work (report and building instructions) which
he deems good enough in its present form.
In the afternoon the draft contract is ready, now in legal format. I bring
copies to Feleshi and Daniel. I agree to meet the next day 11:45 hrs at the
saw mill, to take them to the signing ceremony on the lawyer's office.
Grand Finale Day 26. 11:30 hrs. To the saw mill. Fearing, naturally, to find
no one. But both
Daniel and Feleshi are around. Feleshi is busy walking around with papers,
asking me to wait just a little bit. At 11:55 hrs. I start lying that the lawyer
will charge me for delays. At 11:59 hrs. he boards my car. Taking off, I call
the lawyer's office to announce us ten minutes later.
In the office, Daniel draws his copy of the draft contract. With his ball pen he
had covered it completely with notes. That was of course astonishing me, first
because its contents was identical to my
draft he agreed with at the yacht club. The only problem had been to make it legal
Kiswahili. Second, how could he think he had anything to negotiate?
After having listened and rejected some of his proposals for change I told the lawyer
that we were now still under an old contract according to which Daniels had
signed
for receiving money for all the wood, for finishing the hull, caulking,
painting and launching, none of which had been done. That I saw a
lot of notes on Daniels draft contract but was not prepared to sit here the entire day listening to
his objections. This contract was what I had on offer. If
Daniel would not stop quickly consuming our time, we would stick to the old
contract.
For another hour, Feleshi and the
lawyer did the talking for me while I was silently waiting to see Daniel cool
down. I was not dissatisfied with
spending that hour sitting there and listening to the conversation. First, I had
already agreed on a fat fee for the
lawyer (TSh 240,000/=). Second, it was in my interest that his saw mill boss Feleshi and
my lawyer Faustin Malongo got thoroughly fed up with Daniel. Third, Daniels resistant
behavior
made clear that some more disciplining and cornering was utterly desirable. So,
unlike the others, I sat out the session with patience and interest and without irritation. Only every now and
then I had to repeat I wanted no stories and no more tampering with my
reasonable conditions or else there would be no modification of the contract
hence no money.
Daniel was especially inventive in trying to remove
guarantee conditions: "a mast can break any time, no guarantee is possible".
I: "Daniel, you don't guarantee the mast will not break. You only guarantee that
if it does within a year, you will put a new one for free". etc. etc. etc.
Daniel: "He brings the paint. How can I guarantee the painting if he brings the
paint?"
I: "I need the guarantee, but I can give you the money for the paint instead, do
you want that?".
Daniel is no longer interested on his own argument. etc. etc.
etc. etc. etc. Lawyer and Feleshi yawning every now and then. Daniel lost size
every minute but it went slowly. Finally, a long speech of Daniel was translated
to me by the lawyer as: "he fears the word 'buyer' (mnunusi)". In the
header of the contract, behind my name, there was the familiar phrase
"henceforth called buyer". I did agree to change 'buyer' in
'Mr. hamminga' everywhere. The only concession. We did maintain the
statement of complete truth of my report
(attached), in which the wood lost is calculated at 31%. From now on he has no
chance in whatever court case, though it is not clear at all whether he
understands this.
Finally after much more than an hour we sign, I pay.
Then, Daniel has a question for Mr. hamminga. Now is is bound to this strict
time table, is he, he asks, bound to use dry mninga wood, or can he use undried?
I tell him he had ample wood supplied by Hamadi in May, hence it had had four
months to dry (!), but he had squandered it. That he
has given me this time table himself, without speed pressure from my side and
without any mentioning it was a strict
one; that the contract has been signed now. Whether he will do his job properly
with the proper handling of wood shall, according to the contract, be judged by
experts. That now after signing I do not answer any more technical questions. He
is the expert, he should know how to build properly, if he doesn't it will now
cost him a lot of money.
Standing outside, Feleshi and Daniel agree they are very hungry know. Shall we
go and eat somewhere?
OK, I say, if you have money, I spend all my money with this lawyer.
That changes the matter. The hunger is not too unbearable after all. The
gentlemen decide they want me to drop them at the ship yard and
saw mill.
Picture: The new points of the Perfect Inertia Graph (explanation
of graph) are white triangles 8 and 9
above.
White triangle 8 is what Daniel told me to lure me into paying.
White triangle 9 is what he signed for 15 days later at the lawyer's office, asking
whether he could use undried wood now because of its tightness.
Note that the trend line through last four white triangles (stretching over 80
days) is again perfectly inert
(horizontal)
This Grand Finale of the process of drying the yard was 26 days of hard work for me, from Daniel's first token
of drought "Nataka
pesa" to the contract this day.
The lawyer line (the
thick brown straight line in the Perfect Inertia Graph, )
is the line below which Daniel will be in serious trouble (and knows he will be).
The lawyer line points at Christmas for
delivery.
At goodbye from Feleshi I payed him TSh 10,000/= for helping us today and told him he will
receive TSh 100,000/= if, as the contract says, on November 12, 2005, my
experts will approve the hull, and another TSh 100,000/= if, as the
contract says, at the latest December 28, 2005, my experts will approve the
dhow as a whole. May God help us.
Back home.
I call Commodore Munisi to thank him for helping me out. He turned out to have
mentioned apart from Faustin, two more lawyers instead of A, proposed by
Marcus.
Those two B' and B", I conclude, have fallen off the bandwagon between the commodore and
me. Who were they and who dropped them in the hunt for my TSh 240,000/= lawyers
fee? I wish it would have been apt to have a
chat with the commodore about that. But luckily enough, I do not seem to have to understand all ins and
outs of MYC to have the club behind me. Commodore Oscar Munisi explains me how Faustin's office
is embedded until deep in high Tanzanian politics. And most of the staff is
Mwanza Yacht Club, including the probable after-the-elections CCM parliament
member whom Faustin was told to be campaigning with. That makes me decide
to cherish the
picture above in my files.
My heavy cold is retreating. I might even be able to smoke a cigar tomorrow, so I decide to take one right now.
Greetings Home |
Previous Greeting |
Next Greeting |
Previous Dhow Logbook |
Next Dhow Logbook |