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Yellow Machines Wahala: CENTAL Accuses Boakai Gov’t Of “Flouting Transparency and Rule of Law”

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By Our Staff Writer

The Unity Party Alliance government of President Joseph Nyuma Boakai came to power on January 22, 2024 vowing to uphold transparency and accountability, with the new Liberian leader promising that there will be “no business as usual”.

But the actualization of that promise appears to be waiting in the wind, as several pro-integrity and transparency NGOs have flagged a number of issues relating to lack of transparency and accountability in the governance process so far. One of the groups is CENTAL, the Center for Transparency and Accountability.

And one of the issues is the bringing into the country of 250 piece of earth moving equipment/yellow machines which has been shrouded in secrecy from the onset, regarding total cost, what kind of deal, who is proving the equipment and on what terms and conditions, etc.

The initial disclosure of the purchasing of the yellow machines were disclosed by one of Boakai’s Ministers of State, Mamaka Bility who made a Power Point presentation at the government’s first cabinet meeting earlier this year at the EJS Ministerial Complex in Monrovia’s Congo Town suburb, a deal that was swiftly largely.downplayed as nothing concrete with officials subsequently flip-flopping regarding the deal.

But now the machines have begun rolling down from ships at the Freeport of Monrovia with no agreement seen nor a contract presented to the Legislature.

Today, Wednesday, July 10, 2024, CENTAL has issued a statement accusing the government of “flouting transparency and the rule of law”.

SEE FULL TEXT OF THE STATEMENT BELOW:

Press Statement for Immediate Release

Monrovia, Wednesday, July 10, 2024

Flouting Transparency and Rule of Law: CENTAL Expresses Grave Concern Over Government’s Lack of Transparency in Yellow Machines Saga/Deal

Distinguished ladies and gentlemen of the Press.  A very warm welcome to this press conference, aimed at giving our latest official position on matters related to acquisition of 285 pieces of earth-moving equipment by the United Party-led Government, headed by President Joseph Nyuma Boakai, Sr. As always, we appreciate the partnership with the media and the very important contributions you continue to make in the fight against corruption and other vices in Liberia. We owe to ourselves and the generations after us to make Liberia corruption-free, prosperous, and livable.

Ladies and gentlemen of the Press, from May 23-25, 2024, the Government of Liberia (GoL) held a Three-Day Cabinet Retreat in Monrovia. During the event, the Minister of State Without Portfolio, Madam Mamaka Bility announced that 285 pieces of earth-moving equipment had been presented to the Government of Liberia in a virtual turnover ceremony attended by her, Hon. Sylvester M. Grigsby, Minister of State for Presidential Affairs and Hon. Roland Layfette Giddings, Minister of Public Works.  A video released about the turning over ceremony also features Mr. Xu Ming, Senior Vice President of Sany Group, a Chinese multi-national heavy equipment manufacturing company and the 3rd-largest heavy equipment manufacturer in the world, and Robert Gumede, Chairman of the Guma Group based in South Africa. On social media and other platforms, some Liberians have welcomed the development, but call for transparency, accountability, and full compliance with public procurement and other related laws in acquiring the equipment.

Responding on May 28, 2024 to questions raised by the public, the Minister of Information, Culture Affairs, and Tourism, Hon. Jerolinmek Piah stated that the announcement made by Minister Bility was not as a result of any agreement. Rather, it was an update on plans of the government. He stressed that even though the Government of Liberia has the power to negotiate deals in the interest of the country, such deals will be negotiated with respect for the rule of law and separation of powers. However, in the face of the assertion made by the government’s spokesperson, many Liberians including us at CENTAL were surprised when the government moved to bring in the first batch of the equipment without any evidence that procurement laws were followed. We saw on Saturday, July 6, 2024, the Liberian Government parading several pieces of the equipment. Media outlets have quoted government sources as confirming importation of the equipment as the first consignment of the much-discussed road equipment.

Meanwhile, more than one month since the Liberian Government confirmed plans to acquire the said equipment, it has provided little or no tangible information on the matter. Circumstances around acquisition of the yellow machines are still unclear, despite persistent public outcry and demand for information from state authorities.

The source, cost, nature of the deal, payment modalities and other vital details are still top secret of the government, despite the Freedom of Information, Code of Conduct for Public Officials and other laws and polices requiring full disclosure of such information. Why would a government who premised its campaign on transparency and accountability choose to have the issue of importation of such huge quantity of equipment valued at millions of dollars shredded in secrecy? We can only wonder. What is stopping the government from openly disclosing details of the deal, including cost of the equipment, source of funding, and the supplier (s)? Why is the Ministry of Information still tightlipped on the issue?

CENTAL is deeply troubled by this development, which contradicts the president’s professed anti-corruption commitment and respect for the rule of law and good governance requirements. If the R component of the government’s ARREST Agenda truly means respect for the rule of law, then the government needs to do the needful by ensuring the right processes, including the Public Procurement and other tendering processes are fully respected. This does not seem to be the case as things stand with the equipment acquisition. This is not the first time the government has engaged in an opaque and non-competitive process. A case in point is when the Ministry of Public Works awarded over 20 Million USD worth of road contracts to various contractors without competitive processes, only to admit to wrongdoing and apologize to members of the Legislature. Liberians and development partners are seeing a similar trend with the yellow machines. Like the road contracts, the Liberian Government is violating her own established procurement, due diligence, participation and other processes in procuring goods, services and works. This is highly troubling, especially for President and Government portrayed as being experienced in leadership and governance. Reports that the company and individuals behind the deal have business interests in Liberia make the saga more concerning. If there is a lack of transparency and due diligence at this early stage of their engagement with the Government of Liberia, it says a lot about what any future investments or relations with Liberia would be like.

Recommendations:

Liberians demand more transparency, accountability, and integrity from their leaders. If the President is to be true to his commitment of running an open and accountable government, the right steps must be followed, including respect for the rule of law especially during these early days of his administration. We urge President Joseph Nyumah Boakai, Sr. and his officials to respect the laws of Liberia, especially Public Procurement and Concessions Commission’s Guidelines on negotiating and contracting works, goods, and services for Government and the Country. We join well-meaning Liberians and development partners in demanding the Executive to make full and timely disclosure regarding circumstances surrounding the Yellow Machines and all related matters. As important as the procurement of these equipment may be in addressing road and other infrastructure challenges faced by the country, the process in acquiring them cannot be marred by secrecy.

Additionally, we call on the Legislature to get involved and demand timely and full answers from the executive on the matter. We recommend the government swiftly addresses the issue through a public hearing and open appearance (s) of executive officials to respond to multiple lingering questions. Also, we applaud Liberians for demanding transparency and accountability around the issue. We encourage more of such engagements, not only on this but all matters bordering on public interest. Finally, we call on development partners to closely follow this and other activities and processes of government to ask the needed questions and demand accountability from officials leading and coordinating such processes.

Thanks.

Signed: Management

 

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