LILONGWE (MaraviPost)-The country’s civil right group Center for Mindset Change (CMC) has penned Anti-Corruption Bureau (ACB) to investigate the project of Njakwa-Livingstonia Road.
In a letter dated March 8, 2022 signed by CMC Executive Director Phillip Kamangirah, The Maravi Post has seen, the grouping wants the truth regarding to dubious tender and transaction on the project.
Kamanga wrote, “In our previous letter we requested ACB to look into some road projects that we cited. It is our belief that ACB is looking into that. On our part, we have been receiving more information and have been screening the information.
“We would like to inform you that one of the road projects that we cited in our 6 September 2021 letter was awarded to Mota-Engil without any tender, and this is the Upgrading to Bitumen Standard of the Njalowa-Livingstonia – Phwezi-Phwamphwa and Livingstonia Loop Road”.
The letter which was directed to ACB Director General Martha Chizuma was not reciprocated hence another one to remind them had been released on 8 March 2022.
The letter also explained that “According to our findings, what happened is that Mota-Engil told Roads Authority that they will carry out this project on Engineering, Procurement, Engineering plus Finance (EPC+F) basis as such no need for tender as they will bring along funding”.
“According to the letters we have received from concerned employees at Roads Authority, this is one of the many projects that the Roads Authority has influenced to be given to Mota-Engl using this route of tricking government into an EPC-F contract yet they know they will not bring any financing”.
The investigations starting point should be the Roads Authority for the following documents “Tender Advent in the daily papers, Notice of Intention to Award, No Objection from PPDA, Clearance from your institution”
“We have done our part and we can confirm that there is nothing like the above mentioned documents. It is our understanding that this project was wrongly procured It is with this background that we ask for investigations on how this project was awarded to Mota-Engil,” concluded Kamangirah.
There has no any reaction from Mota-Engil on dubious roads projects leveled against the company since last year.
BLANTYRE-(MaraviPost)-Centre for Mindset Change (CMC) has vowed to block the re-tendering process for the construction of the Nsanje-Marka railway line.
CMC has since written the Ministry of Transport and Public Works and sent a copy of the letter to the Anti Corruption Bureau.
CMC feels retendering will give chance to Mota Engil which came out the best in the first bids but is under ACB investigations following complaints from the other bidders.
CMC has since called for the reevaluation of the bids.
But the Ministry of Transport and Public Works says reevaluation is not possible because the bid validity period expired and doing so would be going against Regulation 48 of the Public Procurement.
Regulation 48 (1) reads: “A procuring and disposing entity shall set a validity period for bidding documents that is of a sufficient length to enable the procuring and disposing entity to complete the evaluation and comparison of bids and to obtain all the necessary approvals so that the procurement contract can be awarded within that period.”
Regulation 48 (2) reads: “If, prior to the expiry of the validity period of bids, the procuring and disposing entity requests bidders to extend the validity period of their bids, it shall address such a request to all the bidders.”
But CMC argued that the regulation is silent on whether the bid validity period can be extended or not after it has expired.
CMC argues that the ACB, the ministry and Public Procurement and Disposal of Assets Authority (PPDA) have misunderstood regulation 48 of the Public Procurement.
“We have consulted our legal team and we are convinced that the reasons that your ministry has used for this are not valid but convenient for your ministry to correct the mistakes of the bidder that you intended to award and give them a second chance,” reads the letter addressed to Secretary for Transport and Public Works dated December 23, 2021 and signed by CMC executive director Phillip Kamangirah.
“This is after the Anti Corruption Bureau found that the process that your ministry used was marred with elements of corruption and that the Anti Corruption Bureau is investigating the bidder that you intended to award,” the letter adds.
CMC says it will get an injunction against the re-tendering process and will also ask the court to interpret regulation 48 that tackles the issue of bid validity among others.
CMC says it is suspicious of the ministry’s conduct because the issue of bid validity has only come out conveniently after the recommendation from ACB and was never an issue when the notice of intention to award was being issued,
“We call upon your ministry to widely consult on Regulation 48 and do the right thing which is to ask all the bidders to extend their bid validity periods if indeed you find it to be an issue at this stage and you re-evaluate the bids,” reads the letter.
In the first bid process, Mota Engil from Portugal became the winner followed by China Railway and then China Civil Engineering Construction.
Last week, in a twist of events, the ACB changed tune asking the ministry to conduct a retender instead of reevaluation which it had earlier recommended.
LILONGWE-(MaraviPost)-The country’s social right group Centre for Mindset Change (CMC) is demanding a Forensic Audit at Malawi Roads Authority (RA) regarding to suspected dubious contracts deals government awarded to Mota-Engil.
The grouping says despite the firing of Eng. Emmanuel Matapa, the ex-Chief Executive Officer (CEO) of the RA cannot go without Forensic Audit.
In a press statement made available to The Maravi Post, CMC says has faith in Anti-Corruption Bureau (ACB) on its eyes on RA.
CMC Executive Director Philip Kamangirah observes that with the firing of the CEO Matapa and Director of Corporate Services, and without insinuating anything but a follow up investigation of his involvement in dubious deals he initiated during his leadership.
“We appreciate the fact that the Anti-Corruption Bureau is looking into the issues that were raised in our letter addressed to ACB where we called for investigations into road project contracts at Roads Authority especially those that were awarded to Mota-Engil, ” reads part of CMC statement.
Kamangirah adds, “We have faith and trust in the current ACB. With the firing of the CEO and Director of Corporate Services, and without insinuating anything, we demand a Forensic Audit at Roads Authority and of much interest to us are Mota-Engil projects.
“We push for Forensic Audit as we have always questioned several things from Roads Authority most of which took place during his tenure of office”.
Meanwhile Malawi government has halted some contracts that were awarded to Mota-Engil for further investigation on alleged fraud of ballooning contracts cost against initial budget agreement with the authorities.
Mota-Engil has not commented on the alleged fraud contracts awarded to the company.
Below is CMC full statement:
PRESS RELEASE ON RECENT DEVELOPMENTS AT ROADS AUTHORITY
Firing of the Chief Executive Officer
Centre for Mindset Change would like to express its gratitude to the government of Malawi for finally attending to the voice of well- minded Malawians who have for so long waited for the administration of justice on matters that concern them.
The firing of Eng. Emmanuel Matapa, the ex-Chief Executive Officer (CEO) of the Roads Authority cannot go without a statement from us because we have always questioned several things from Roads Authority most of which took place during his tenure of office.
It is the hope of CMC and, indeed right-thinking Malawians that the whip will not only stop at Eng. Matapa and Ms. Auda Msiska but also others.
2. Terminal Benefits for the Fired Chief Executive Officer
The Office of the Ombudsman has previously made determinations on similar cases like at Malawi Energy Regulation Authority, Malawi Post and Telecommunications etc.
Similarly, other boards have recently fired CEOs and Directors that were merely appointed without paying them terminal benefits like at Board of Tobacco Control Commission, Lilongwe Water Board,Lilongwe Handling Company, etc.
We wonder why the Board of Roads Authority decided to award terminal benefits to Eng. Matapa and Ms. Auda Msiska.
This cements what we expressed in our letters to the Secretary of the Office of the President and Cabinet that we agree with Roads Authority employees who believe that the Board needs to be reconstituted.
MK6.3 million Fine for Non-Compliance on Environmental and Social Impact Assessment (Parliament Circle to Game Complex 6-Lanes Road Project) CMC would like to also ask the Office of the Ombudsman and the Secretary to the Office of the President and Cabinet to look into the issue of the K6.3 million that Roads Authority has been fined.
We believe that the taxpayer cannot part away with all that just because of the incompetence of some people. Our call is that the responsible officers must pay that from their pockets. This will send a strong signal to public officers who have demonstrated negligence of the highest order.
3. Demand of Forensic Audit at Roads Authority
We appreciate the fact that the Anti-Corruption Bureau is looking into the issues that were raised in our letter addressed to ACB where we called for investigations into road project contracts at Roads Authority especially those that were awarded to Mota-Engil.
We have faith and trust in the current ACB. With the firing of the CEO and Director of Corporate Services, and without insinuating anything, we demand a Forensic Audit at Roads Authority and of much interest to us are Mota-Engil projects.
4. Reconstitution of the Board of Roads Authority
We still maintain our stand that the government must reconstitute the membership of the Board of Roads Authority. We will be following up with the Secretary to the Office of the President and Cabinet on this issue. In case some ethical members of the board are wondering our insistence here is a hint: some of your colleagues have been interfering with operations of Roads Authority by dealing with contractors on issues to do with payment of Interim Payment Certificates and information on upcoming tenders instead of sticking to their strategic governance mandate.
We believe they are not fit to serve Roads Authority with objectivity. Review of Some Elements in the Corruption Case of involving the Former CEO, Eng. Trevor Hiwa.
We are pleased that the courts have ruled that Eng. Trevor Hiwa has a case to answer. He was fired on the same allegations. It is not surprising that his successor has also been fired. This speaks volumes of the state of affairs at Roads Authority and as CMC we are concerned.
We would like the Director of Public Prosecutions to review the witnesses in this case. We have been informed by concerned employees at Roads Authority that some engineers, who according to the Commission of Enquiry are accomplices, are state witnesses and not the accused. This was done before the new DPP was appointed.
We agree with the concerned employees that this needs serious attention because the Commission of Inquiry even recommended that these engineers must be disciplined, and nothing has happened to date.
Call for More Information
CMC would like to inform Malawians that since the firing of the two, Roads Authority’s employees are providing us with information regarding what has been happening at Roads Authority. We will be submitting some of this information to the Anti-Corruption Bureau and the Office of the Ombudsman in due course.
CMC would like to therefore request all those that have information worth noting to not hesitate to contact us. This applies not only to RA issues but any other issue that is worth our attention.
Our offices are in Rainbow Building, Along Paul Kagame Road and the email address is; centre4mindsetchange@gmail.com
. Conclusion As Centre for Mindset Change, we will not relent on this, and we will continue engaging various institutions on this matter. We are evidence and issue based institution and we will strive to act fairly and with honesty.
LILONGWE-(MaraviPost)-The country’s civil right group Centre for Mindset Change (CMC) on Tuesday, September 7, 2021 vowed to name and shame politicians, government officials who are in a cartel of conniving with embattled Mota Engil, the firm being awarded construction contracts amid concerns over their incompetency.
The grouping says is geared up to expose ills of former governing Democratic Progress Party (DPP) and current President Lazarus Chakwera’s Tonse government officials involved into corruptions.
CMC assurance comes amid reports that is being threatened by government officials and politicians who benefit from Mota Engil dubious contracts awards.
Address the news conference in the capital Lilongwe CMC Executive Director Phillip Kamangirah expressed show on unpalatable phones calls from politicians and government official of questioning him as why his organisation is pinning down Mota Engil.
Kamangirah observes that involvement of politicians and government officials on his organisation’s quest to expose corruption means that there is cartel Mota Engil is advancing.
He therefore vowed to name and shame those conniving with the company until the vice is rooted completely in the construction industry.
“I have been receiving numerous calls from both previous regime and President Chakwera’s government cabinet ministers as to why our organisation is exposing Mota Engil’s ills. But I told them all that Malawians taxes need to be protected from corrupt companies amid social economic turmoils.
“If these politicians and government official keeps on threatening, we will have no choice but to name and shame them for the public to see their evil deeds. We will not be threatened and intimidated,” he assures.
Kamangirah disclosed that his organisation has penned Anti-Corruption Bureau (ACB) to thoroughly investigate Roads Authority and Mota Engil on how some roads projects’ contracts amount have been increased astronomically against initial contract agreements.
He cited road projects funds ballooned against initial contract agreement including Area 49-Area 18 Parliament Roundabout and Interchange from MK6.68 billion to MK14.37 billion representing 115% increase, Lirangwe-Chingale Namatunu-Machinga road from MK5.34 billion to MK8.7 billion with 63% rise.
The grouping also named projects whose contracts amounts have been depleted while under construction with less than 50% of works completed including Njakwa-Livingstonia, Phwezi-Phwamphwa and Livingstonia Mission Loop Road of 75 kilometers that only 23kms work done but MK36.2 billion used already against MK39.8 billion contract agreement.
“As an organisation, we are very concerned as all this only involves one contract, Motal Engil. We suspect corruption and systematic system of siphoning our hard earned taxes through construction projects. Our suspicion is cemented by the fact that an audit report by Scott Wilson revealed that variations to the contractor were instituted and implemented without proper documentation and approvals. And the supervising consultant was faulted for certifying payments prior to approvals of variations orders.
“CMC therefore calls upon office of ACB to investigate on audit report’s findings after observing irregularities on how Mota-Engil gets projects and how the contract prices are ballooned while other roads projects are left without completion,” dares Kamangirah.
Kamangirah added that Mota Engil has questionable competence following complaints that the company did not complete some of the projects it was awards previously.
ACB on September 3, stopped the Ministry of Transport and Public Works from awarding MK48 billion contract to Mota Engil for the upgrading of Marka-Bangula railway over corruption allegations.
Mota Engil has been refusing to comment on the matter over corruption allegation on government contracts award.
BLANTYRE-(MaraviPost)-Four Traditional Leaders in the southern district of Nsanje have called on President Lazarus Chakwera’s Tonse government to quickly identify another able Contractor to rehabilitate the Bangula- Marka Railway Section.
The call comes barely days after the country’s graft agency, Anti-Corruption Bureau (ACB) stopped the Ministry of Transport and Public Works from awarding MK48 billion contract to Mota Engil for the upgrading of Marka-Bangula railway over corruption allegations.
Traditional Authorities (TAs) Ndamera, Nyachikadza, Makoko and Ngabu told The Maravi Post that while lauding ACB stopped Mota Engil doing the work they were however quick to say, the restriction would surely delay the project.
The chiefs observed that government is at liberty to get another contractor to start the work.
“We cant keep on waiting for years on a project that will help business and employment opportunities to the people of Nsanje and Chikwawa,” T.A Makoko urges.
T.A Ngabu chipped in, “We ask His Excellency the State President Dr Lazarus Chakwera’s government to look into this matter with urgency it requires”.
ACB gave a restriction to Ministry of Transport and Public Works a few days following a seven day ultimatum that was given to government by one of the country’s human, civil and political Rights watch, Centre for Mindset Change (CMC).
CMC executive director Phillip Kamangirah told the news conference in the capital Lilongwe on Tuesday, August 31, 2021 that Mota Engil has questionable competence following complaints that the company did not complete some of the projects it was awards previously.
The grouping therefore gave government seven days to nullify the contract failing which will seek legal assistance over the matter.
Mota Engil on Malawi Roads Authority’s neck for MK50 billion arrears
LILONGWE-(MaraviPost)-Mota Engil has come publicly to claim from the country’s Roads Authority for arrears of more than MK50 billion for a number of works they delivered which dates back to 2008.
In a document dated 20 July 2020, that Akometsi has seen signed by Mota Engil Managing Director Nuno Antunes, the company can not continue with some of their work as their financial conditions are not allowing them to do so.
This has led them to suspend some of the works and concentrate on the ones they regard to be the key ones.
“Our capability to procure enough resources for the ongoing projects has been restricted so much so that we cannot afford to keep all the current projects going at the same time,” reads part of the document.
Mota Engil has also bemoaned that Roads Authority only pays them for completed contracts, a thing that has also affected them in reducing or suspending their works.
The contractor that has for so long been trusted to construct the roads of Malawi claims to have reminded Roads Authority so many times on the payments but there has not been any meaningful action taken so far.
From the 22 completed roads, Roads Authority owes Mota Engil a sum of MK95,456,984,856 billion which also includes interests.
Meanwhile, Mota Engil is currently working on Livingstonia Njakhwa road, Area 18 Interchange and Maselema Chiradzulu turnoff.
However, these roads have cumulative bills with interest in excess of MK15 billion.
Malawi authority are yet to respond on Mota Engil’s claims.
BLANTYRE-(MaraviPost)-Malawi President Peter Mutharika is in panic mode. After staying put at hilltop Sanjika Palace for close to two months without campaigning, Mutharika is in a panic mode which will see him addressing five rallies in two days.
This is unprecedented for the 83 year old Mutharika who many of his supporters felt was uninterested with the fresh presidential elections slated for next week Tuesday, June 23, 2020.
According to a program we have seen, Mutharika will travel to Lilongwe on Wednesday by road stopping at Ntcheu for a rally at noon before addressing another rally at Biwi Triangle.
On Thursday Mutharika will ride on a Mota Engil Chopper for Mzimba where he will address a rally at Mzimba Boma at 11 o’clock before flying to Chitipa Boma where he will address an rally at 2 o’clock. He will address a final rally at Karonga Boma at 4pm.
Insiders said Mutharika is in panic mode after reality hit him that the fresh presidential elections are happening next week contrary to the lies that he has been constantly fed by his captors.
He forced Mota Engil to ‘borrow’ their Chopper for last ditch efforts to save his presidency which is slipping away from grip.
Mutharika is expected to hold one final rally on Sunday at the close of the campaign period.
The Church and Society, an organization of the Synold of Livingstonia, this week asked the Portuguese company, Motal Engil to immediately compensate Abraham Siliwonde, one of its employee’s who lost his eye sight, while working at Kayerekera Uranium Mine, in Karonga district.
Siliwonde, a father of five children, was working as a guiding dumpers carrying high-grade uranium ore, with Motal Engil, which was subcontracted by Paladin Africa Limited.
However, while on duty, he developed eye sight problems. According to Chief Ophthalmologist at Lions Sight First Eye Hospital in Lilongwe, Dr Joseph Msosa, this was due to uranium radiation.
On account of the condition, the company fired him and gave him MK75,000 ($150), as a retirement package.
“I started feeling intense heat from the lumps of uranium ore, and the next day, I would pass yellowish urine and start feeling malaria symptoms,” Siliwonde explained.
Siliwonde said the package was not from Motal Engil but Paladin Africa Limited.
“I was supposed to be given a larger package, but the General Manager for International Affairs Greg Walker, at the mining company said the company could not give me full package, because I was not their direct employee,” he said.
Speaking to members of the press, after visiting Siliwonde’s house, Paul Mvula, the project officer for Tonse Tipindule mining project, which is financed by Tilitonse through Norwegian Church Aid, said his organization wants justice to prevail.
Mvula wondered why government is failing to help the victim despite having overwhelming evidence.
“Through the project, we shall make sure that Motal Engil compensate Siliwonde,” said Mvula.
Siliwonde who took his case to the Industrial Court, yielded nothing. He thanked the organization for the decision to help him.
He said he is leaving a tough life because he has nobody to depend on.
“The package I received, I used for medication. I was the only person supporting my family,” said Siliwonde.
MotalEngil is yet to issue a comment on the matter.
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