Uganda National Roads Authority (UNRA) has secured a court victory over attempts to block it from dealing with some Chinese companies.
A one Moses Magezi had lodged an application in the High Court seeking an interim order to stop UNRA’s dealings with various companies implicated in the Parliament’s COSASE report.
On the surface, Magezi’s petition looks innocent.
But a deeper investigation by ChimpReports shows a possible plot to frustrate key infrastructure projects as long as they are not contracted by Dott Services.
Magezi had argued in his petition that on December 21, 2016, the Parliamentary Committee on Commissions, Statutory Authorities and State Enterprises (COSASE) tabled a report part of which contained proceedings of the inquiry into UNRA’s activities for the financial years 2013/2014 and 2014/2015.
The Committee among others recommended that the companies involved in fraudulent acts against the respondent be blacklisted and banned from dealing with Government for five years and that officials who were involved in clearing payments with non-contracted companies be held liable for their action and negligence of duty.
Informed sources said the petition could be partly aimed at blocking Zhongmei Engineering company from operating in Uganda.
Other legal suits have been slapped on UNRA to end its dealings with Zhongmei.
The company has been named best evaluated bidder for Rukungiri-Kihiihi-Ishasha-Kanungu road, angering local rivals including Dott.
By strangling Zhongmei, some agents believe Dott will take over the contract since it was the second best evaluated bidder.
One of the key players in this game is David Kamukama who raised the first court application in January.
After being set aside by court, Kamukama, who is thought to be an agent of Dott, filed an almost similar case in Kabale High Court.
Security has since named Robert Kazoora, who has for long done public relations for Dott as another important player in the game.
He also worked for some time at Uganda Revenue Authority.
Victory
Meanwhile, Kampala High Court this week agreed with UNRA Directorate of Legal Services that Magezi’s application has no merit.
UNRA’s Head Contracts and Claims, Esther Kusiima argued that the COSASE report recommended that the companies be blacklisted but “did not blacklist the companies which are the subject of the Applicant’s application.”
She further submitted that the report “did not in any way direct the Respondent (UNRA) to implement the recommendations of Parliament and the averments of the Applicant are purely speculative.”
Kusiima further submitted the “mandate to blacklist and/suspend entities from participation in public procurement is only vested in the Public Procurement and Disposal of Public Assets Authority.”
She also maintained that UNRA “has no mandate whatsoever to blacklist/suspend companies from participating in public procurement.”
A review of the PPDA’s list of suspended providers as at 7th March, 2017 on https://www.ppda.go.ug/suspended-providers does not indicate that the Chinese companies have been blacklisted.
Legal experts say acting in a manner affecting the rights of all the companies listed in the Application without any directives from PPDA would expose the Authority and the tax payer to unprecedented claims and unwarranted loss.
Court agreed with Kusiima that Magezi’s application is “frivolous, vexatious, devoid of any merit and an abuse of court process.”