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Subject: Foroyaa Burning Issue
From: "Amie Sillah" <[log in to unmask]>
Date: Thu, September 2, 2004 11:36 am
To: [log in to unmask]
Foroyaa Newspaper Burning Issue
Issue No. 70/2004, 1-6 September 2004
EDITORIAL
HAMAT AND JUSTICE PAUL
Democracy at Play but…
The reaction by Justice Paul to Hamat’s call for his resignation has
simply confirmed that where there is freedom of expression the truth
cannot be muted. Where there is accountability silence is not a
virtue. The publication of Hamat’s views followed by a response
by Justice Paul confirms to all skeptics that the media is the true
guardian of freedom of expression and debate without which truth becomes
hidden under the rubbles of angry invectives. When views are
expressed with clarity, discerning minds will be able to know what is
right and wrong. Our but is that the National Assembly and the Judiciary
are pillars of the Gambian state. Members of the two institutions
are supposed to protect the integrity of their respective institutions.
It is important for the public to bear in mind that there is separation
of powers between the Judiciary and the National Assembly. Section
114 of the Constitution gives the National Assembly Members immunity from
prosecution for anything said at the National Assembly. However
Standing Order 36 strictly says that “The conduct of Judges or other
persons performing judicial functions shall not be referred to in respect
of those functions except on a substantive motion.”
In short, in the case of the AMRC Justice Paul was still a Member of the
Bar and not a Judge. This may be the reason why Hamat mentioned his
name and this may be the same reason why he!
chose to respond in the media.
In a substantive motion Judges can be brought to book for corruption in
an impeachment proceedings undertaken by the National Assembly. In a
normal state of things, no Judge should assault the integrity of a
National Assembly Member for performing his/her functions and no National
Assembly Member should assault the integrity of a Judge for performing
his/her functions. The AMRC debate continues in the other pages of
FOROYAA.
Halifa Sallah
On Hamat and The AMRC
I have promised to clarify many burning issues raised during the sittings
of the National Assembly so that the Gambian public will move away from
the sentiments and have full understanding of the facts. I will
start with the Issue dealing with the AMRC and Hamat Bah, which has
received immense media attention. How did the issue emerge? On 20th
August 2004, Hamat raised the following question at the National
Assembly: “Could the Secretary of State for Finance and Economic
Affairs inform this august assembly how many landed properties, their
sizes, values and the names of their former owners were sold by the AMRC
from July 1994 to July 2004?” For the information of the reader, the
Standing Orders of the National Assembly states under Order 17 “That
questions may be put to the Vice President or Secretaries of State
relating to public affairs for which they are charged with
responsibility, proceedings pending in the Assembly or any matter of
administration for which they are responsible.” This is in line with
Section 77 Subsection (4) of the Constitution which states that “the
Vice President or Secretaries of State shall, when requested by the
National Assembly, report to the National Assembly on any matter
concerning a department or other business of government committed to
his/her charge…” This is precisely the reason why the Secretary of
State for Finance and Economic Affairs had to address Hamat’s
question. His answer was as follows: “From July 1994 to July
2004, the AMRC sold 232 landed properties. The value and names of
the previous owners are as attached.” The attached list was circulated
to all National Assembly Members. It was observed that the
Inventory of Properties did have some shortcomings. Some of the
names of the buyers of certain properties were not mentioned. The
Secretary of State agreed to go back to provide the names. As far
as the National Assembly is concerned it is anticipated that a complete
list will be provided by the next sitting. One may now ask:- How did the
allegations of corruption by AMRC officials emerge which led to the
response of AMRC and Justice Paul? The procedure at the National
Assembly is that on the completion of the business at the last sitting of
any meeting of the National Assembly a Motion is moved for Adjournment,
which is followed by the adjournment debate. During this period
members have fifteen minutes to say almost anything of interest. It
was during this period that Hamat mentioned that he has information that
some buyers have paid more than what he has seen in the list provided by
the Secretary of State. He called for former employees like the
AMRC to resign pending investigations. ! ; Justice Paul was
originally employed as a Legal Counsel by the AMRC. Currently, he
is a judge. The reaction by Justice Paul and AMRC is now history. I
have made it very clear in my last issue that no National Assembly Member
can abuse Parliamentary Immunity with impunity in a democracy with a
press that is bold enough to publish the truth without fear or
favour. This is why the Government should give greater attention
and protection to the media. It is the non-state media that has
been publishing Hamat’s points and Justice Paul’s and AMRC’s
counter points. The lesson the public should draw is that the National
Assembly is not a court. It is a place where representatives of the
people are free to examine public affairs. The immunity is
necessary otherwise a National Assembly Member would have to consult a
legal adviser before saying anything at the National Assembly. This is
why Section 113 states that “There shall be freedom of speech and
debate in the National Assembly and that freedom shall not be impeached
or questioned in any court or place outside the National Assembly” and
Section 114 adds “Without prejudice to the generality of Section 113,
no Civil or Criminal proceedings shall be instituted against a member of
the National Assembly by reason of anything said by him.” This is
the immunity. However, it stops with what is said at the National
Assembly, which can also be contradicted by others in the press. In my
view, this immunity goes with responsibility. No one should feel
that National Assembly Members have been given licence to tell lies.
Section 112 states categorically that “The responsibilities of the
members of the National Assembly shall include the following:-
(a)
All members shall maintain the dignity of the National Assembly both
during the sittings of the National Assembly and in their acts and
activities outside the National Assembly. Hence, anything said by the
National Assembly Member that cannot be backed by evidence would be an
infringement of the dignity of the National Assembly. How then does
matters stand with the AMRC?
The National Assembly has to receive the final list of the
properties. Hamat and any National Assembly Member would have to
provide authentic information on the alleged lapses in propriety to the
National Assembly or its committee in subsequent sittings, since Justice
Paul and AMRC are demanding for such evidence. The end result, if
authentic information comes out, is to set up a Commission of Enquiry on
the Sale of AMRC Assets. This is how matters stand on this
issue. See Next Issue for further analysis.
Budget Management And Accountability Bill 2004 Passed
The National Assembly during its third meeting of the legislative session
2004 passed the Budget Management and Accountability Bill 2004
unanimously. In tabling the bill before the National Assembly, the
Secretary of State for Finance and Economic Affairs, Musa Bala Gibril
Gaye pointed out that the object of the bill is to revolutionize the
preparation, presentation, approval, execution and reporting of
government budget. He indicated that the bill makes provision for and
suggests a revision of the existing Financial Instructions aligning it to
international best practices. He argued that the bill has clearly
redefined the roles and responsibilities of the Department of State for
Finance and Economic Affairs, the Secretary of State for Finance and
Economic Affairs, the Permanent Secretary and a proposed Treasury
Directorate. Honourable Gaye pointed out that the Bill also allows for:
a) The replacement of the
Accountant General’s Department with a Treasury Directorate;
b)
Defining, succinctly and in no ambiguous term the role and
responsibilities in the budgetary process; The Secretary of State to have
power to invest excess government funds and lodge government’s funds
into a commercial bank among others.
Justice Standing On Its Head
Modou Jallow of Brikama brought a report to FOROYAA about lack of
progress of his case. He reported that he was stabbed and seriously
injured on 7th July 2004. He was taken to Brikama Health Centre and
was immediately referred to Banjul for treatment. The matter was
reported to the Police and a case file was opened a Medical Report was
requested for but the Medical Authorities declined to provide and Medical
Report unless a Fee of D500.00 is paid. The Police PRO was
contacted to find out what the policy of the Police on such matters
is. The PRO acknowledged that it is unjust to demand mo! ney from a
complainant in a criminal matter. He pointed out that medical
services have to some extent been privatized and beneficiaries have to
pay for some services. He described the charge to be paid by Modou
Jallow as unfortunate, pointing out that the Police do not have a budget
to pay for such services. This matter is serious because it deprives the
poor of justice. The Secretary of State for the Interior would have to
review the matter.
The Paul Commission
Omar Faal Testifies
Permanent Secretary Department of State for Youth and Sports, Alh. Omar
Faal recently testified before the Paul Commission. Mr. Faal served as
Senior Personnel Officer at the personnel Management Office from July
1994 – October 1994; Deputy Permanent Secretary Director Foreign
Affairs and Ag Permanent Secretary Youths and Sports and Permanent
Secretary from October 1994 to date. At the commencement of his
testimony he was shown a declaration form and was asked whether it was
the form he filled and submitted to the commission, he answered in the
positive. Alh. Faal said his monthly salary when he was personnel officer
was Grade 9. He said he was paid grade 10 salary when he was serving at
the foreign affairs and was paid Grade 11 salary when he was deputy
Permanent Secretary, Department of State for the Interior. He recalled
that when he was Ag Permanent Secretary his payment was D64,500 per
annum. He denied having any other source of income apart from his salary
and also any property where he collects rent. He admitted sitting at
boards before and now. He said from 1998 to date he has sat at one board
meeting each year and he is paid D500 monthly for those sittings. He was
asked to furnish the commission of all those board meetings. He denied
having any small-scale business or fixed deposit accounts. He admitted
taking loan from the government and Social Security and Housing Finance
Corporation. Mr. Faal told the commission that he took a government loan
in 1995 and an SSHFC loan in 1993 and was asked to present to the
commission the copies of details of those loans within 10 days. He
further told the commission that the payment of those loans were never
done through his bank account but were paid in cash. He said the loans,
each amounting to about D35,000 were used in the development of his
Kanifing property and he is still servicing them. He said, the said
landed property at block D42 Kanifing East Estate was allocated to him
between 1990 to 1991 by the government and he started construction in
1992, which was completed in 1996. He told the commission that this
building is a storey building and was at first floor before 1996. He said
after 1996 his wife built a tailoring workshop, on top. He admitted
having a property at Faraba Bantang which cost D35,000 and is still
undeveloped. He was asked to present to the commission within 10 days the
receipts for the buying of that property at Faraba Bantang. He admitted
also having property at Brusubi but is still undeveloped. He admitted
undertaking overseas trips and was paid per diem. Asked whether he saved
per diem, he answered in the positive adding that “from time to time I
do save but not in my bank account because they are minimal savings”.
Asked how much is his minimal saving, he said between D2,000 – D3, 000
is his minimal saving. He noted that some of his per diem goes to family
needs. In further delivering his evidence at the Paul Commission, Alh
Faal admitted that his wife is engaged in business. He said his wife
sells foodstuffs and tailored materials. Mr. Faal said his wife is a
Senegalese who is engaged in selling foodstuff, since 1993. Mr. Faal told
the commission that his wife sells goods from the Gambia abroad. Asked
whether she keeps an account, he said he was not sure whether she keeps
an account before 1994 – 1995, but he was sure that his wife keeps an
account afte! r 1994-1995. Asked whether he even asked about the success
of her trips, he said, he never did and further told the commission
“you don’t know me but I am never interested in probing into
people’s activities especially my wife I give her liberty”. He denied
even demanding an amount from his wife but admitted she does give him an
amount. Mr. Faal told the commission his wife receives her payment as she
makes most of her sales on credit bases through Western Union and many
other channels. Mr. Faal further told the commission that his wife
contributes to the construction of his Kanifing property, where she
brought toiletries and tiles. He said his wife banks with Trust Bank, but
was not sure whether she banks with AGIB. He denied ever transferring an
amount to his wife’s account but however admitted receiving an amount
from his wife’s account between 2003-2004. He said this transaction was
purposely to buy a car for her in his name. Mr. Faal told the commission
that is where he bought a Mercedes V boot with registration No. BJL1414 B
and this is the car his wife currently uses. He said he uses his official
car. He admitted receiving a generator from London. Mr. Faal was asked
to present to the commission a receipt for that generator and the vehicle
BJL 1414 B. Mr. Faal denied that his wife was allocated property at
Brusubi; he said she bought a plot and was never allocated. He said she
once applied for land and was allocated in 1979. He was asked to furnish
the commission with the details of transaction of the two landed
properties belonging to his wife. He admitted buying a fridge, deep
freezer and that he bought a satellite in Saudi Arabia. Mr. Faal admitted
receiving his salary through his bank account at Standard Chartered Bank
but denied saving any amount in that account other than the salary. He
told the commission that he had a savings account in the 1980s but it is
dormant now. Whilst Deputy Permanent Secretary/Director Foreign Affairs
Department he denied awarding any contract. He told the commission that
he found contracts to be awarded at department of state for Youths and
Sports. He denied handing any petty contract or disbursement of funds.
Mr. Faal admitted once receiving mal-rendering of service. He said the
supply of electric kettle had problem when some kettle do not work. He
said he stopped the payment until the supply was properly done. He was
asked where Eliman is? He said he is in US going to school. Alh. Faal in
concluding his testimony denied being responsible for his schooling and
other expenses and also not responsible of any one else in the Gambia and
outside. Yusupha B. Dibba
Mr. Yusupha B. Dibba Permanent Secretary Personnel Management Office is
the second witness to give his evidence on the August 30th sitting of the
Paul commission. Mr. Dibba served as Deputy Permanent Secretary,
Department of State for Local government and lands from July 1994 to
September1995 as permanent Secretary, Office of the President and also
office of the Vice President in 1995; that in October 1995 to January
1998 he served as Permanent Secretary Works, Communication and
Information; January 1998 – Sept 1998 Permanent Secretary Youths and
Sports and from October 1998 to May 2000 he served as Permanent Secretary
Personnel Management office; that prior to his appointment at the PMO he
served as Permanent Secretary Department of State for Works,
Communication and Information. Mr. Dibba was shown a form and was asked
whether that was the assets declaration form he filled and submitted to
the commission, he answered in the affirmative and the form was marked
Exhibit A. He said when he was Deputy Permanent Secretary his salary was
Grade 11 and when he was Permanent Secretary he was paid D66,000 per
annum and D24,000 was the net allowance. He told the commission that
other than board allowances and his salary he did not have any other
source of income. He denied having shares in a company or dividends. He
was asked to present to the commission details of that board meeting. He
admitted taking loans from the government and his bank IBC. He said the
government loan is still in service and he presented the commission with
the details of that loan agreement which was marked Exhibit B. He said he
used his salary as collateral to secure those loans. He was asked whether
ther! e was any guarantor. He answered in the positive and was
asked to present to the commission within seven days details of that
guarantor. Mr. Dibba admitted having landed property at Kotu South, which
he said, is used as collateral for the government loan. He said the
construction of that property started in 1991, but it was incomplete at
roof level. He said he spent D200,000 to D250,000 in the construction. He
noted that he applied for land allocation once. He further revealed that
his wife was allocated a landed property at Bijilo but denied claims that
it is located in a high-income residential area. He said that the
property is an area where average Gambians can afford and she was
allocated in 2002. He denied engaging in farming nor having any
farmland. He admitted having a satellite, air conditioner and furniture,
which he bought in 1997. He told the commission that he has no treasury
bill and no one is holding trust for him; that he is not holding trust
for any one. He admitted buying jewelry costing D10,000, but cannot
remember when. He told the commission that the Audi vehicle numbered BJL
3745 was given to his wife by her brother who is a resident of
Switzerland. He admitted taking official trips and paid per diem. He
told the commission that he sometimes saves his per diem but he mostly
spend on family expenses and building purposes. Mr. Dibba in further
giving his testimony admitted overseeing projects, but that he did award
them; that instead he found them on going. He denied receiving any
complaint for any bad workmanship in any project. He denied awarding of
contract of construction of GRTS Radio and TV while he was Permanent
Secretary Department of State for Communication, Information and
Technology. He said he was then not technically fit to supervise any
project. He said work on that department was supervised by the
administrative sector. Mr. Dibba further revealed that his role as
Permanent Secretary at the Personnel Management Office is to organize,
Manage and provide the civil service to meet the challenges of socio
economic development. Asked what were his achievements at the Vice
President and President’s Officer; he said his tenure at this places
was very brief. He denied the necessity or course to set up an audit
exercise in all the Departments he served and he was aware of only one
exercise at lands department. He said in 1994, the lands commission was
set to probe into double allocations and many malpractices in that
department but that this was in his absence. He was finally asked the
problems he found in the lands department; he said double allocation and
no respect for allocation orders. The sittings was then laid adjourned
but asked to produce within seven days details including allowances,
documents of loan agreements, copies of title deeds and copies of details
of allocation of land to spouse. SITTING OF 31st AUGUST 2004
Ansumana Ebrima Ceesay Testifies
Ansumana Ebrima Ceesay, Permanent Secretary Department of State for
Foreign Affairs appeared before the Paul Commission. In his
testimony Mr. Ceesay said that after July 22, he was Secretary to the
Gambia High Commission at Sierra Leone; that he was under Post Graduate
Studies at the University of Oxford; that upon completion after nine
months he was Assistant Principal Secretary Department of State for
Foreign Affairs until his appointment as Deputy Permanent Secretary from
1999 to 2001 and later Permanent Secretary to date. Mr. Ceesay tendered
his appointment letters to the Commission and it was marked Exhibits A
& B. He was then given a declaration form and was asked whether
that was the form he filed and submitted to the commission, which he
answered in the affirmative and it was marked Exhibit C. Mr. Ceesay
denied having any source of income except his salary. He told the
Commission that he is not engaged in any business or running any outlet
and categorically denied engaging in commercial vehicle
arrangement. He said he neither has shares nor dividends in any
company. He said he has no fix deposit account and no treasury
bills. He noted that he never took a loan from any bank or
government. Mr. Ceesay admitted applying for land allocation in 1987 but
was not allocated until 2003 at Old Jeshwang. He tendered the
details of that allocation and it was marked Exhibit D. He admitted
having a landed property in Brikama Nyambai where he is currently
staying. Mr. Ceesay said he started constructing that house in 1995
and completed it in 1998. He told the Commission that he spent
around D350,000.00 in developing that property. He submitted
details of transfer of that land to the Commission, which was marked
Exhibit E of the evidence of the witness. Mr. Ceesay revealed that
when!
he was on studies, he was under scholarship; that out of the scholarship
funds he saved, he came home with around $2,300, which he used to buy
the said property at Nyambai.
He admitted also having a landed property at Jalambang. He told the
Commission that he bought that land from one Jung Bojang a resident of
Brikama for D10,000. He said the land is 35m x 70m and is an
undeveloped property, where he grows rice. Asked about the details
of that property, he replied that it was a sort of gentleman’s
agreement between him and Mr. Bojang and no paper work was involved.
Permanent Secretary Ebrima Ceesay in further delivering his evidence told
the Commission that he undertook foreign official trips, but at that
juncture couldn’t remember them. He was obliged by the Commission
to present the details of those trips with their amounts of per
diem. Asked whether he made savings out of his per diems, he
answered in the positive adding that he some times spends them on family
expenses. Mr. Ceesay told the Commission that his wife is a full time
housewife and not involved in any income generating activity. He
told the Commission that his wife has never applied for land allocation
and she has never been allocated any. He denied sitting at any tender
board meeting and never received cash as a gift. He denied carrying
trust for anyone and that no one is carrying trust for him. He told
the Commission that he was given a private car, Crysta 4486 in 2004 by a
friend, Rolf Becker. He said Mr. Becker is a long time friend since
1989 and is the Gambian Honorary Consul to Germany. He said he paid
D24,960.00 for the said car’s duty at the Port. He noted that he
banks with Trust Bank only, which he opened in the 1980. He
admitted receiving his salary through that bank account. He said
other than that and Social Security and Housing Finance Corporation
payment no other amount is paid to my account. He told the commission
that when he was a student in the United Kingdom in 1995, he had an
account. He denied responsibility of any one’s maintenance outside the
Gambia but however admitted having children in school in the Gambia. He
was given a form to write their names, the schools they attended since
1999 and their termly payments. He denied having any private vehicle
except the one sent to him by his German friend. Mr. Ceesay said he has
no premium, no insurance or share in any company. He said he was given a
personal computer by the Chinese Ambassador to the Gambia. Mr. Ebrima
Ansumana Ceesay’s testimony was stood down upon request by the counsel
and he was obliged by the commission to produce the details of all the
official trips he made and per diems from 1999 to date, receipts for
household equipment, contact address o! f Rolf Becker a German friend who
gave him a car, his statement of accounts with Trust Bank and his account
he opened in the United Kingdom and was asked within 24 hours to write to
the office concerned for his travel details. Fatou Jassey Kuyateh
Permanent Secretary Department of State for Agriculture Mrs. Fatou Jassey
Kuyateh delivered her accident before the Paul Commission. In her
testimony, she said from July 1994 to January 1996 she was a project
engineer at the Urban Environment Project, from January 1996 to April
1997 she was the Principal Agricultural Officer at the Ministry of
Agriculture and National Resources. She added that she was Principal
Assistant Secretary, Department of State for Agriculture until January
2000, when she became Deputy Permanent Secretary Office of the President
and she was Deputy Permanent Secretary Department of State for Fisheries
and Natural Resources and currently the Permanent Secretary, Department
of State for Agriculture, the office she took since March 2003. Mrs.
Jassey Kuyateh said, she was paid D38, 803.00 per annum and an allowance
of D6, 600.00 per annum when was Deputy Permanent Secretary, Office of
the President. She said that when she was Deputy Permanent Secretary at
the Department of State for Fisheries her salary was D38, 820 per annum
and a net allowance of 7000.00. While Acting Permanent Secretary
Department of State for Fisheries and Natural Resources and Agriculture
her basic salary was D5, 357.00 and responsibility allowance of D3000 per
month. She admitted sitting at NARI Board meeting where she is paid
D500.00 per month when she became Permanent Secretary Department of State
for Agriculture. She denied having any source of income except her salary
and allowance. She admitted applying for land allocation and was
allocated in 1982 at Kotu West. She said she developed that land within 3
years where she spent about D70, 000.00. She said the building is a
two-bedroom house with kitchen and sitting room. She said her husband
spent 3 quarters in the construction. She further revealed to the
commission that her husband is the owner of the Kotu East property, which
he acquired in 1992. She was obliged by the commission to furnish them
with the details of that landed property at Kotu East she told the
commission that her spouse is having landed property at Nema Kunku but is
undeveloped. She denied having any share or dividend and took Treasury
bills. She told the commission that she is not holding trust for anyone
and no one is holding trust for her, her spouse and siblings. She denied
maintaining anybody outside the Gambia. She told the Commission that she
has children at school and she was then given a form to write their
names, the schools they attend and the termly payment. She admitted
buying jewelry at D10, 000.00 but cannot produce receipts. She also
mentioned that her husband bought furniture and a satellite disks at
D3000.00 and D12, 000.00 respectively. She further told the commission
that a Toyota Cellice BJL 9462A was given to her by her brother in 1992.
She predicted that the said car might now value at D35, 000.00. She also
said that a Toyota Corona BJL 3436 was bought by her husband. She was
asked to present to the commission receipts of the said Toyota
Corona. She admitted banking with Trust Bank only and was asked to
present to the Commission statements of accounts at Trust Bank. She
further revealed to the commission that she made outside official trips
in which she made an average of 250 dollars per diem. She said she mostly
spends it on household expenses but does some times save. She was asked
to present to the commission the details of those trips within seven
days. She admitted awarding contracts while she was Deputy Permanent
Secretary and Permanent Secretary, Department of State for Fisheries. She
said though she is the chairperson of the tender board she delegated that
responsibility to the procurement officer. She revealed that during the
tenure of office at the Fisheries Department, the Tanji Fisheries Project
and Gunjur Ice Plant were awarded but sponsored by the Japanese. She said
she never received any query over the performance of the projects. As
Permanent Secretary Agriculture she said the procurement of fertilizer
and seeds was done but through Gambia Public Procurement Authority. In
further answering the question of what her major undertakings were at the
Agric Department, she said they are currently preparing for an imminent
locust invasion. She denied farmers complaining of shortage of
fertilizers and seeds after that supply from Senegal. She was finally
asked about the major constraints in the Agriculture Department.
She said it was lack of finance.
The Janneh (GAMTEL) Commission
The Presidential Commission of Inquiry into the missing three million
dollars at GAMTEL resumed its sitting on Tuesday. Appearing before the
Commission, the finance director of GAMTEL, Foday Sisay, testified that
his institution entered into negotiations with SIEMENS of Germany for the
supply of fibre optic cables for Barra to Basse and a local wireless
loob. According to him, negotiations for the supply of the aforesaid
equipment started with ALCATEL Company in France whose officials came to
The Gambia and offered GAMTEL fibre optic link from Basse to Farafenni.
Following ALCATEL’S offer, SIEMENS also came to The Gambia and made a
presentation in respect of the aforesaid negotiations. “We asked them
(SIEMENS to give us a quotation) from Basse to Farafenni for the fibre
optic link. When management looked at the two offers from ALCATEL and
SIEMENS, they found out that the SIEMENS offer was better. Then
management called them for negotiation. During that process, we found it
cheaper to extend the fibre optic link from Barra to Basse,” he
posited. Mr Sisay said ALCATEL offered four million two hundred and five
thousand Euros (4,265,000) Euros for Basse to Farafenni while SIEMENS
offered four million and eighty three thousand (4,083,000) Euros. He
further testified that after the negotiations, GAMTEL received an offer
from SIEMENS for the Banjul-Barra and Basse fibre optic link. He said
that the offer for this link amounted to four million two hundred and
fifty thousand Euros. Going further, Mr Sisay testified that the total
cost of the optic link and local wireless loob was ten million dollars
($10,000,000). He said the wireless loob was not offered by ALCATEL,
whilst noting that the offer for the wireless loob was between SIEMENS
and a company in Germany. Continuing his testimony the witness stated
that his institution received a quotation from SHYM of India. According
to him, his institution had informed SIEMENS that it needs finance to
finance the project, and SIEMENS promised to look for a financier. He
pointed out that BEFAG was introduced to GAMTEL as a financier. He said
the management of GAMTEL had no reason to doubt the credibility of BEFAG
since the aforesaid company was introduced by a credible institution
called SIEMENS. He noted that there are conditions attached to the loan
that BEFAG was supposed to give GAMTEL and that one of the conditions was
that the aforesaid body must provide a three million dollar collateral.
The purpose of the collateral, he said, was to ensure that in the event
GAMTEL fails to pay the loan, BEFAG can fall on the collateral. Mr Sisay
said that GAMTEL signed a contract with BEFAG and that its
institution’s managing director, Mr Bakary Njie signed on behalf of
GAMTEL. He said prior to the issuing of the bank guarantee, GAMTEL had a
joint meeting with Standard Chartered Bank and BEFAG. He said that
Standard Chartered Bank was represented by one Bernard Mendy whilst he
(Mr Sisay) represented GAMTEL. Continuing his testimony, Mr Ceesay said
the issue of the bank guarantee was discussed during the course of the
meeting, whilst noting that the first guaranteed issued by Standard
Chartered Bank was not used. He said BEFAG had requested for an
international bank guarantee, whilst pointing out that Standard Chartered
Bank and Trust Bank are banks proposed by GAMTEL. He said BEFAG chose
Standard Chartered Bank with the belief that the bank guarantee would be
issued by Standard Chartered Bank U.K. He said the issuing of a bank
guarantee by an international bank did not reflect in the agreement
Standard Chartered Bank had with BEFAG, whilst noting that the agreement
stated that Standard Chartered Bank Gambia Limited would issue the
guarantee. The witness was given the guarantee that was issued by
Standard Chartered Bank on 28th April 2002 for identification purposes.
He however said that he identified the bank guarantee. The said Standard
Chartered Bank Gambia did not tell GAMTEL that there is a difference
between the bank guarantee they proposed and the one they issued. He said
prior to the issuing of the bank guarantee on 28th April 2002, there was
no agreement between GAMTEL and Standard Chartered Bank Gambia for the
bank guarantee to be issued, whilst noting that Standard Chartered Bank
proposed a facility letter that was being discussed. He said the facility
letter had conditions, some of which where not fulfilled by GAMTEL. He
said that out of five conditions b! rought forward by Standard Chartered,
GAMTEL met only one of them. He said that the banking facility letter was
for the agreement between GAMTEL and Standard Chartered for the bank
guarantee to be issued. He said the banking facility letter was signed on
22nd July 2002. Mr Sisay said he, together with Abdourahman Mboob signed
the banking facility letter on behalf of GAMTEL. He said it took GAMTEL a
long time to fulfil the conditions of the facility letter and that the
content of the facility letter was being vetted, and that is why the
banking facility letter was signed after the bank guarantee was issued.
He said apart from the ten million dollar project, GAMTEL had to pay
SIEMENS two million four hundred thousand dalasis for the cost of its
officials who were in The Gambia. He said GAMTEL had provided Standard
Chartered Bank with a copy of the agreement it had with SIEMENS. He said
he was info! rmed by one Bernard Mendy of Standard Chartered Bank Gambia
that BEFAG was on the verge of enchasing the guarantee. Mr Ceesay said he
had informed Bernard Mendy for Standard Chartered Bank to stop it because
BEFAG wanted to commit fraud. He said that Mr Mendy promised him that
Standard Chartered would block the encashing of the guarantee by BEFAG.
He said the bank guarantee was encashed by one Mr Wype Kema. He said
after the encashment of the guarantee GAMTEL protested to Standard
Chartered Bank. He said he wrote the proposed protest letter, which was
vetted by the former managing director of GAMTEL, Abdourahman Mboob. He
said the letter was sent to the legal department of GAMTEL for them to
give a legal opinion. He said he believed that the protest letter had not
been sent to Standard Chartered Bank. To Be Continued
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Chi Jaama
Joe Sambou
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