Siliya acted irregularly- ZPPA
TIME PUBLISHED - Monday, December 19, 2011, 8:22 pm
Former Transport and Communications Minister Dora Siliya acted irregularly when she instructed the Zambia Public Procurement Authority (ZPPA) to cancel a tender which had already been awarded to a company.
ZPPA Director General Samuel Chibuye said
the Minister had no authority to instruct the authority to cancel a tender which has already been awarded be cancelled.
Mr. Chibuye was testifying before the Investigations committee sitting to investigate the tendering procedure of supplying, delivering and installing of a Traffic Management Surveillance Radar System at the Kenneth Kaunda and Harry Mwanga Nkumbula International airports in Lusaka and Livingstone respectively.
And Chairperson of the Investigations Sebastian Zulu has summoned the former Director General for the ZPPA David KapitoloO to appear before the committee on Wednesday this week.
[ZNBC]
Labels: AIRPORTS, DORA SILIYA, SAMUEL CHIBUYE, ZPPA
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Ministry of Energy overruled tender procedures - Chibuye
By Ndinawe Simpelwe
Wed 19 Oct. 2011, 14:00 CAT
THE procurement authority has revealed that
the Ministry of Energy and Water Development overruled some tender procedures in the procurement of the country's oil. Zambia Public Procurement Authority (ZPPA) director general Samuel Chibuye said
the ministry was unable to follow the advice given to it by the ZPPA tender committee.Chibuye revealed that
it was mandatory for the ministry to get back to ZPPA every time negotiations were concluded in order to give the
final approval of the deal.
"The current Glencore contract for the procurement of oil was not concluded as per procedure. The Ministry of Energy did not come back to us for the final confirmation. We gave the ministry the estimated price for the deal and they were supposed to come back to us after the negotiations but they never did," Chibuye said when he appeared before the energy tribunal chaired by Wynter Kabimba, set up to look into the corrupt practices in the energy sector during the previous government.
Chibuye said the ZPPA gave the ministry an estimated total of US $3.56 billion for the procurement of 1.44 million metric tonnes of oil.
He said the ministry awarded the contract to Glencore at US $1.2 billion for the same amount of oil without getting final approval from ZPPA.
"They (ministry) always come back but for this one they didn't and we only learned that the amount was negotiated downwards," he said.
Asked whether the committee operated without interference from the ministry, Chibuye said the committee worked independently although there were times when it was unable to follow the procedures.
Chibuye also revealed that the ZPPA was not consulted when Dalbit was contracted to refurbish oil tanks in provincial headquarters of the country.
The tribunal further asked Chibuye why Dalbit was awarded the contract to refurbish and build oil tanks when it did not have the expertise for the job.
"We assumed that the ministry had done the investigations to know whether Dulbit was specialised in oil tank refurbishment. We did not know that this company had never done such works before. The fact that they had the finances to carry out the work when the government didn't made us award them the contract," said Chibuye.
The tribunal later told Chibuye that Dalbit had no expertise to build or refurbish oil tanks and that it had to sub-contract another company.
Labels: GLENCORE INTERNATIONAL AG, MINISTRY OF ENERGY AND WATER DEVELOPMENT, SAMUEL CHIBUYE, ZPPA
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COMMENT -
Litasco (LUKoil International Trading and Supply Company) is the exclusive international marketing and trading company of the Russian LUKoil Group.
Reject govt’s manoeuvres to manipulate crude oil tender process, HH urges Zambians
By Chibaula Silwamba
Fri 27 Nov. 2009, 04:01 CAT
UPND president Hakainde Hichilema yesterday urged Zambians to reject the government's manoeuvres to manipulate the tender process in the supply and delivery of crude oil for the 2010-2011 period in favour of Russia's LITASCO, which energy minister Kenneth Konga allegedly negotiated with.
Commenting on revelations that the
US $1.4 billion two-year contract to supply and deliver
1,440,000 metric tonnes of commingled petroleum feedstock will not be transparent because the government, through Konga, had already selected Lukoil International Trading and Supply Company (LITASCO) as a preferred bidder and that
the ongoing bidding process being done by the Zambia Public Procurement Authority (ZPPA) will just be a rubber stamp procedure, Hichilema warned President Rupiah Banda and his administration against interfering with the crude oil procurement.
He said Zambians would protest against any manoeuvres to manipulate the tender process.
“As Zambians, together, we must say 'no' and not allow one family to enrich itself. If this contract goes on, we must not allow, even if it means going on the streets we will do that,” Hichilema said.
“He President Banda has removed Peter Mumba, permanent secretary of Ministry of Energy so that now he can have a free hand in the procurement of crude oil. He removed David Kapitolo at Tender Board; he removed Max Nkole from Task Force to prepare for massive corruption.”
Hichilema said the MMD government was trying to manipulate the crude oil procurement to get a commission, which they would use for their campaigns ahead of the 2011 tripartite elections.
“Appetite for corruption in the MMD, and more particularly at the presidential level, is amazing. It's so damaging to the economy. There is no need to interfere with the tender process. Zambian people should put their foot down. We must all reject the manoeuvres by the MMD,” Hichilema urged.
“The fuel shortage was the design by Rupiah Banda to cancel all the contracts that late Levy Mwanawasa left so that he can access some commissions along the way. I think this is the time the people of Zambia must say, 'no!' The level of corruption is too high starting from the top. Rupiah Banda tolerates corruption.”
Hichilema said members of opposition political parties and other Zambians should come together to reject the manipulation of tender processes.
“The fuel supply interruption that we experienced in the last two months has been too much. We should not allow Rupiah Banda and his corrupt clique to interfere with the procurement process of crude oil,” said Hichilema.
But a well-placed source in government yesterday revealed that President Banda, using Konga, is determined to award this bid to LITASCO because he started discussions with them around June.
“Just watch this space,” the source said. “This is a done-deal even before bids are submitted. Kenneth Konga has been on the run ensuring that the loose ends are tied. No amount of public outcry will change the President's position on this matter because they have already decided that it is LITASCO. One wonders why ZPPA is even inviting tenders when we all know, at least in government circles, that this contract is going to LITASCO because of State House's involvement. It is a matter of public record that LITASCO participated in the last bid and lost.
“In defending or justifying this rotten deal, they will tell you all sorts of lies because they are determined to give this contract to LITASCO largely for personal benefits although they will tell you they are doing it in national interest.
You guys will keep on exposing scandal after scandal and these people in government will not be scared. Not too long ago, you exposed how State House interfered in the tender process when it pushed for a fuel supply contract for Dalbit. An official from Dalbit was even chauffer-driven in a government Mercedes Benz. That's how arrogant President Banda is on these matters.”
Well-placed government sources told The Post that the government directed the ZPPA to design tender evaluations and specifications that could only be met by LITASCO and that the first cargo delivery was scheduled by January 1, 2010 and yet bids would close on December 18, 2009.
“The other week Hon Konga was in Nigeria and Tanzania on an alleged private visit where he allegedly met officials from this company and it is like they have finalised everything so government wants to bid-rig in favour of LITASCO,” the source disclosed.
“In this process, the ZPPA will be used to rubber stamp and try to legitimise the whole process. Imagine the bids will close on 18th December, 2009 and two weeks later (1st January 2010), a successful bidder will have to supply the first cargo or shipment, meaning that the ZPPA will have no time to evaluate bids that will qualify to the next stage, so it is like everything has been staged-managed.”
Another well-placed government source disclosed that the Ministry of Energy submitted before ZPPA a tender document inviting bidders but there were efforts to doctor the same document in an effort to secure the bid for LITASCO.
“The changes that have been made to the original tender document prepared by the Ministry of Energy and Water Development are: (1) bidders must own or time charter in excess of 30 oil tankers at any given time; (2) the bidder must own or operate a refinery capacity in excess of 1 million barrels per day; (3) bidders must produce crude oil in excess of 1 million barrels per day and (4) bidders must trade in excess of 2 million of crude oil per month,” the source said.
“The above conditions are aimed at eliminating potential competitors who could otherwise supply the requirements for Zambia. All these efforts are aimed at eliminating all competition and are stage-managed to give this contract to LITASCO.”
But ZPPA director general Samuel Chibuye on Monday said making changes to the tender document is a normal procedure. He said ZPPA had received some correspondence from other bidders, without mentioning their names, who complained that the conditions were too difficult, hence ZPPA and the Ministry of Energy and Water Development were looking at those concerns to find a level playing field.
“The changes are not final,” Chibuye said. “We have also received some correspondence from other bidders who are basically saying that we need to revise some of the conditions because they are too onerous and that is a normal procedure. Bidders are free to complain and make changes. On the basis of those letters we received from bidders, we do normally liaise with the ministry so that we can make certain changes.”
Labels: CORRUPTION, FUEL, HAKAINDE HICHILEMA, KENNETH KONGA, LITASCO, PROCUREMENT SYSTEMS, SAMUEL CHIBUYE, TENDER OFFERS
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Rupiah stands on fertile ground for impeachment, says Lubinda
Written by Chibaula Silwamba and Joan Chirwa
Monday, April 27, 2009 3:30:46 PM
PATRIOTIC Front (PF) spokesperson Given Lubinda has charged that President Rupiah Banda stands on fertile ground for impeachment for dismissing government officials that testified in the tribunal constituted under the Parliamentary and Ministerial Code of Conduct. And newly-appointed director general of the Zambia Public Procurement Authority (ZPPA), Samuel Chibuye, yesterday said he will execute his duties professionally without being compromised.
But sources have disclosed that Chibuye was under qualified to perform duties of the director general as required under the current Public Procurement Act of 2008 and was also not a member of the Zambia Institute of Purchasing and Supply (ZIPS), the professional body.
Commenting on President Banda’s termination of the contract for ZPPA director-general David Kapitolo following his testimony in the judge Dennis Chirwa-led tribunal that probed former communications and transport minister Dora Siliya, Lubinda disclosed that the PF had instructed its lawyers to give an opinion on the ramifications of President Banda’s dismissal of witnesses.
“President Rupiah Banda’s desire to protect Dora Siliya at all costs is exposing him and preparing him for an impeachment. His arrogant and blind defence of Dora Siliya’s actions which were found to be unconstitutional by the judge Dennis Chirwa-led tribunal is very good and fertile ground for the first-ever impeachment of the President in Zambia,” Lubinda said. “The threats against civil servants and the action of dismissing Mr Kapitolo from the Zambia Public Procurement Authority (ZPPA) are but symptomatic of the reign of tyranny by President Rupiah Banda.”
He said the PF would not stand by and watch President Banda and his government abusing public office in persecuting innocent citizens.
“On behalf of the party, we are calling upon our team of lawyers to immediately investigate the legal ramifications of the vindictive dismissal of Mr Kapitolo and we have given instructions to them to take up this matter as quickly as possible,” Lubinda said.
“While they do that, we want them to form an opinion as to whether President Rupiah Bwezani Banda is not working against the tribunal which called upon witnesses such as Mr Kapitolo, the Solicitor-General and the Attorney-General, Mr [Robinson] Misitala, managing director of National Airports Corporation and many other public servants who were called upon by the tribunal to provide information to assist the tribunal in making an informed position and, therefore, recommend to the President in accordance with the Parliamentary and Ministerial Code of Conduct and the Inquires Act of the Laws of Zambia.”
He observed that it was clear that President Banda and his government were extremely bitter with the tribunalís report that Siliya misconducted herself in the awarding of a US $2 million contract to RP Capital in the valuation of the Zamtel assets and especially that she breached the Constitution, the supreme law of the land.
“That is the reason they are spitting so much venom at all those who testified before the tribunal. The second reason why Mr. Rupiah Banda is intimidating and victimising civil servants is because he, on the advice of George Kunda, though as Vice-President and minister of Justice and the de facto legal advisor to Cabinet would like to instill fear in the citizens in general and civil servants in particular so that they donít appear in testimony in future tribunals,î Lubinda said. “This is a well orchestrated ploy to gag everyone so as to allow President Rupiah Bwezani Banda and his regime to continue with their quest to plunder Zambia’s resources. We know that President Rupiah Banda and George Kunda have a strong tenacity to breaching the law.”
He urged Zambians to be in total solidarity with the defenders of the Constitution and institutions of governance.
While, we have issued instructions to our lawyers to study this matter of unwarranted attacks on the civil servants who appeared before the tribunal, we would like to publicly offer our legal and financial support to Mr Kapitolo and any other person that will fall victim of Mr Banda’s paranoia,” Lubinda said.
He said the PF would stop President Banda from doing wrong things while he was in State House.
“The act of accepting Siliya’s resignation after she had been cited by the tribunal as deserving punishment is in itself a serious breach of the oath of office that Mr. Rupiah Bwezani Banda took when he swore before the bible that he will defend the Constitution of the land,” Lubinda said.
“It ought to be made very clear to the citizens that the tribunal did not have the mandate to convict or to issue punishment. Its role was to present its findings to the Head of State who, on behalf of Zambians, is expected to mete out befitting punishment.”
He said President Banda might feel comfortable because the MMD had the majority representation in Parliament and an impeachment motion could not succeed.
“Nonetheless, he ought to be made aware of the fact that he is faced with serious challenge of the moral impeachment,” said Lubinda.
“The public and posterity will forever consider him as a President whose morality was impeachable because of his strong egoistic desire to defend wrongdoers and to reward the defenders of the Constitution with dismissals.”
And Chibuye, who was until his appointment heading the procurement department at the Ministry of Education, said he was currently pursuing a masters degree in procurement.
ZIPS, a regulatory and licensing body for procurement professionals in the country, recently withdrew membership from Chibuye and other affiliates heading procurement departments for not having qualifications in purchasing and supply as required by the law.
However, Chibuye said ZIPS had not given them a timeframe in which to undertake procurement related studies and did not understand the manner in which his affiliation was withdrawn.
“I am now studying with one of the universities, Iam doing masters in procurement. The institute [ZIPS] is just being a bit unfair. When they gave affiliation, there was no condition; they said you can take your time”. It was an open-ended thing which ZIPS gave,” Chibuye explained. “So they called me and told me about the withdrawal of affiliation but I didnít want to say anything. They [ZIPS] would have said ëlook, before we withdraw your affiliation, tell us how long you are likely to take to finalise your training in procurement?” “The best thing I can do now is to try and do good in my profession. I have one year to go before I complete my masters in procurement.”
But sources said it was unacceptable for President Rupiah Banda to appoint someone whose membership with ZIPS had been withdrawn because they were not qualified to head departments of procurement.
“It is very surprising that now Chibuye, who doesnít have any qualification in procurement, is now heading the ZPPA. That is totally against the law. We know that ZIPS withdrew membership from people like Chibuye but this is the same person that the President has appointed to take over from [David] Kapitolo,” said the sources.
President Banda has terminated the contract of former ZPPA director general David Kapitolo, replacing him with Chibuye.
According to well-placed sources, Kapitolo’s contract which was due to expire in a yearís time, was terminated because he allegedly testified against former transport minister Dora Siliya during the tribunal sessions.
Chibuye further denied that his appointment to head the ZPPA was a reward from President Rupiah Banda for assisting one of President Banda’s sons to get contracts at the Ministry of Education.
“There are three levels of verification for tenders to be given. We have a tender verification committee, a tender committee at the Ministry of Education itself. And if that tender is beyond the threshold of the ministry, it is forwarded to the Tender Board [now ZPPA] for action,” said chibuye.
“It is therefore malicious for anyone to suggest that I gave contracts. When awarding contracts, you donít look at who is behind which company; we look at whether the company is registered and whether they have adhered to the legal requirements. Otherwise, my hands are clean, I have a free conscious.”
Labels: GIVEN LUBINDA, IMPEACHMENT, RUPIAH BANDA, SAMUEL CHIBUYE, ZPPA
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