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AG, MINISTERS CLEAR ASHRAFF’S COMPANY

16/03/2024 07:46:00 Ntombi Mhlongo

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LOBAMBA – A submission to disqualify companies run by consuls from participating in public procurement was yesterday thrown out in Parliament.

This happened after some Cabinet ministers and the Attorney General (AG), Sifiso ‘Mashampu’ Khumalo made it known that consuls were not politicians and, therefore, eligible to apply for tenders in the country. As a result, Somntongo Member of Parliament (MP) Sandile Nxumalo, who had made the submission, was forced to withdraw.

When making his submission, Nxumalo made reference to SwaziPharm, a company that is run by Indonesian Consul Kareem Ashraff. Nxumalo, who is the chairperson of the Ministry of Health Portfolio Committee, named the company after he had been asked by the Minister of Finance, Neal Rijkenberg, to qualify his statement that the Tender Board had messed things up by allowing companies run by consuls to participate in public procurement.

Before Rijkenberg stood up, Nxumalo had submitted that during the engagement of the portfolio committee, members had advised that there should be a selection of drug suppliers and it should be those that complied with the Public Procurement Act of 2011.

Nxumalo said as they scrutinised the annual performance report of the Ministry of Health, they discovered that Section 69 (ii) of the Public Procurement Act, 2011 stipulated that public officers and politicians were not allowed to bid for tenders.

“When we analysed the situation here, we found that there are people with that status who are allowed to tender and this we found to be a breach of the law. As we looked further, we discovered that the issue of tenders for medical drugs is captured by strong and powerful people, that is why we are in this mess,” Nxumalo said.

He said if there were members of the House who doubted his assertion, he was prepared to qualify it and that during the committee engagements, a question was posed to ascertain whether such people were eligible for tenders or not.
“The ministry gave a response and said they were not eligible. So we took it from there and agreed that the law had not been followed when tenders were issued,” argued Nxumalo.

It was then that Rijkenberg stood up on a point of order and submitted that since the MP had uttered a statement, where he made mention of politicians winning tenders and the Tender Board breaching the law, he should qualify his assertion.

Submitting

The MP responded by submitting that there had been reports published in newspapers recently to the effect that there was a consul and a company called SwaziPharm. “That is known and I do not understand what we are arguing here because a consul is a politician. Unless there is something new you want to teach me today. I am ready to learn,” said Nxumalo.

At this point, Minister of Foreign Affairs and International Cooperation Pholile Shakantu stood up to offer what she termed a correction by stating that consuls were not politicians. Instead, Shakantu said, consuls were appointed by countries and that usually it was individuals who were businesspeople. Not wanting to back down, Nxumalo stood up again to say that he did not agree with the correction offered by Shakantu.

The AG then stood up and said the correction shared by Shakantu was actually factual and that there was an Act governing consuls and diplomats and was clear that they were not politicians. According to the AG, there was a provision in the Consular Conventions Act of 1950, which gave clarity on the issue.

“I still do not agree, unfortunately. Had you given me enough time I would have justified it,” submitted Nxumalo.
Another Cabinet minister, this time it was that of Tinkhundla Administration and Development Sikhumbuzo Dlamini, stood up on a point of order directed at Nxumalo. Minister Sikhumbuzo submitted that Nxumalo should withdraw his statement since he had failed to justify it when asked to do so by Rijkenberg.

“He must withdraw it since he submitted that politicians were awarded tenders and then he cited a consul. It has been explained that consuls are not politicians. So I request that he withdraws his statement so that we can follow properly,” MP Sikhumbuzo said.

Again, Nxumalo bravely stood up to say that he had indicated to the Speaker, Jabulani Mabuza, that he wanted to explain but had not been given a chance, something he said was unfair. Lobamba Lomdzala MP Marwick Khumalo then requested Nxumalo to do the House a favour since what he was talking about regarding politicians was not contained in the annual performance report that the House was adopting.

Khumalo said even in the findings and recommendations, there was no mention of politicians being removed from tendering. Seeing that he was not winning, the Somntongo MP appeared to be accepting his fate as he submitted that the session should continue, but that he planned to bring up the issue in future.

Withdraw

Despite giving in and allowing that the session should continue, Nxumalo was called to withdraw the statement on politicians and consul by Minister of Education and Training Owen. Making a similar submission as Minister Owen was Lobamba MP Michael Masilela, who said the matter should not be left hanging but that the Somntongo MP must withdraw.

After a directive by the Speaker, the Somntongo MP eventually withdrew his statement. Meanwhile, besides calling for the disqualification of consuls, the Somntongo MP also submitted that all tenders that involved huge amounts of money should be taken to Cabinet first as was done when it came to those related to construction of major roads.
He also submitted that since government provided The Luke Commission (TLC) with drugs, it must make sure that the organisation was audited and reports submitted to Parliament.