Times of Eswatini

SA company, govt in faulty E6m fuel contract

- BY WELCOME DLAMINI

MBABANE – Government, through the Ministry of 1at ural Resources and Energy, entered into a defective agreement with a South African (SA) company that provided consultanc­y services at a cost of E million.

The company, known as McGregor Blue Investment­s, was engaged for the review of the basic fuel pricing meth odology in the .ingdom of Eswatini.

Two different copies of the contract have been unearthed by Auditor Gen eral (AG) Timothy Matsebula, who has discovered anomalies with these documents.

The first copy, according to the AG, has the following defects Two pages (2 and 2 were missing) the con trolling officer (principal secretary) did not endorse her signature on Page 2 of the contract, yet this page contains the contract sum section . (lump sum payment) of the contract indicated that the total payment to the consultant shall not exceed the contract price, which is an all inclusive fixed lump sum covering all costs required to carry out the services described in Appendix A, however, the cited appendix was not attached some totals on Appendix C were not arithmetic­ally correct. This includes the totals for the remunerati­on of the financial analyst and petroleum supply expert, travelling expenses and training and capacity building and there were witnesses’ signatures.

“:hen the above anomalies were raised to the director energy, a second copy of the contract was provided,´ said the AG.

Matsebula then noted the following anomalies on the second contract The contract date was not stated pages 2,

, 2 and 2 were not numbered some totals on Appendix C were not arithmetic­ally correct. This includes the totals of the remunerati­on of the financial analyst specialist and petroleum supply expert, travelling expenses and training and capacity building the consultant’s signature is different from the signature on the first contract, furthermor­e the signa ture is not consistent throughout the endorsed pages and there were no witnesses’ signatures.

“I informed the controllin­g officer that the above cited anomalies on both contract copies called into question their authentici­ty. )urthermore, there was no evidence that the contract between the ministry and the consult ant was duly vetted by the AG,´ said Matsebula.

CONSOLIDAT­ED

This is contained in the AG’s )inan cial Audit Report on the Consolidat­ed Government Accounts of the .ingdom of Eswatini for the financial year ended March , 2022.

The report was tabled in Parliament on )riday as part of the documents accompanyi­ng the Appropriat­ion Bill of 202 during the Budget Speech that was delivered by Minister of )inance 1eal RiMkenberg.

After being tabled, the AG’s report will now be scrutinise­d by the public accounts committee where all those implicated and seen as having a case to answer will be called to account for their actions.

The AG has pointed out that ac cording to Section 2(2) of the Public )inance Management Act of 20 , controllin­g officers are supposed to put in place procedures consistent with the Act, the Procuremen­t Act of 20 , or any other law verifying the receipt of goods and services prior to payment for the goods and services or that the payment otherwise meets the terms of the contract between the public entity and the supplier.

He said further, according to Sec tion (b) of the Constituti­on of the .ingdom of Eswatini, one of the functions of the AG is to draw or peruse agreements, contracts, trea ties, convention­s and documents, by whatever name called, to which the government is a party or in respect of which the government has an interest.

“I raised my concern that the gov ernment may incur financial losses as result of error, negligence or fraudu lent practices by responsibl­e officials. I advised the controllin­g officer to submit their contracts to the AG for vetting and ensure that contracts are complete and free from errors prior to endorsemen­t. )urther, I advised her to investigat­e the cause of the reported anomalies pertaining to the engagement of the consultant and take necessary corrective measures,´ Matsebula said.

In response, the controllin­g officer is said to have submitted that the contract was vetted by the ministry’s legal advisor and also stated that the submission of the two copies of the contract were a result of the ministry’s filing system.

She is also said to have explained that the first contract was a wrong contract, which should have been discarded as it was replaced by the second, unfor tunately it was kept in the ministry’s records.

“She submitted that the second con tract was the one applicable to the consultant. She further noted clerical omissions in the contract being the contract signing date and numbering and stated that they had no bearing on validity of the contract. She also submitted that the consultant signa tures were consistent,´ the AG stated in his report.

CONTRACT VETTED

Though noting the controllin­g of ficer’s response, Matsebula said, how ever, evidence that the contract was vetted by the legal advisor was not provided and also concerning was that a contract vetted by a legal advisor would be littered with such significan­t defects.

He said the response did not address the issues he had raised.

“Under normal circumstan­ces, a signed contract cannot merely be dis carded without an instrument cancel ling it as provided for in that contract. If changes to the first contract were necessary, an addendum to the contract could have been made,´ said the AG.

)urther, regarding the second con tract that the controllin­g officer said was applicable, the AG said it was worrying that the controllin­g officer seemingly downplayed the signif icance of page numbering and the effective contract date.

“Also, the response did not address the issues relating to arithmetic­ally in correct totals and absence of witnesses to the contract. )urthermore, based on evidence in the submitted second contract, I maintain that the consult ant’s signature in the second contract is different from the one appearing in the initial contract and not consistent throughout the endorsed pages,´ Mat sebula noted.

Besides the defective contract, the AG also uncovered overpaymen­ts made to the consultant in respect to travelling expenses, training and ca pacity building costs.

In total, the AG said the overpay ment amounted to E 00 00 these being E 0 000 for travelling ex penses instead of E 00, which resulted to an overpaymen­t of E 2

00 E 0 000 for training and ca pacity building expenses instead of E 2 000, resulting to an overpaymen­t of E2 0 000.

“The main cause of the overpaymen­ts appeared to be negligence and lack of due care by responsibl­e ministry offi cials, which led to the endorsemen­t of a defective contract,´ he said.

The AG also said according to a breakdown of the contract price, re imbursable travelling expenses were supposed to cater for five people at a unit cost of E 00, however, the total cost was erroneousl­y stated as E 0 000 instead of E 00.

Similarly, the reimbursed training and capacity building costs were supposed to cater for three weeks training at a unit cost of E2 000, however, the total cost was erroneousl­y stated as E 0 000 instead of E 2 00.

RAISED CONCERN

“I raised my concern that the contract may have not been submitted to the AG prior to its endorsemen­t. )urther, the overpaymen­t resulted to value for mon ey not being attained and furthermor­e, financial losses could be incurred if the funds were not recovered or recovered at additional costs. I also highlighte­d the possibilit­y that the totals may have been intentiona­lly inflated in order to fraudulent­ly embe]]le government funds,´ the AG said.

Matsebula said he advised the con trolling officer to always ensure that money spent matched the value derived from the service provided.

He said he further advised her that contracts should be vetted before endorsemen­t to ensure that errors were duly corrected and that the over paid amount should be recovered and necessary action taken against those responsibl­e.

The controllin­g officer, in her re sponse, is said to have stated that the consultant was paid as per the contract total cost of E 0 000 (E 0 000) for travelling to and from Eswatini for the consultati­ons and E 0 000 for the training of the nominated person nel from the ministry, as per the total costs reflected in the contract for these activities.

“The controllin­g officer also directed me to financial proposal (Annexure C) of the consultant which was the basis for awarding the tender,´ Matsebula said.

He also said the controllin­g officer’s response was noted, however, it did not address the defect in the contract whereby the totals were not a product of the unit cost and quantity.

He said also, the contract was the binding document and not the consult ant’s financial proposal.

“The matter, therefore, remains re portable,´ Matsebula added.

 ?? ?? Informatio­n on the B2BHint webpage showing that the SA consultanc­y firm is still in business.
Informatio­n on the B2BHint webpage showing that the SA consultanc­y firm is still in business.

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