Before the Commission was the letter addressed to the GPPA seeking approval of a private partnership deal to process waste at the Bakoteh Dumpsite.
The letter indicated that the mayor of KMC had set up a task force to look into the issue of waste processing at the dumpsite to turn it into energy and other useful things. The letter further indicated that the council (KMC) did not intend to use any public funds.
“They are saying they don’t need public funds, so why would they write to you seeking approval?” Lead Counsel Yakarr Cox asked.
“It depends on the arrangements. For some arrangements, either directly or indirectly, public funds will be used,” Sanyang responded.
Lead Counsel Coxx told the witness that KMC had clearly said it would not use public funds.
“These kinds of letters fall under public-private partnership. When they come to us, we refer them to a PPP Unit established at the Ministry of Finance, and they should be going there,” Sanyang said.
It was indicated that 9 entities, including Choose Africa, Power House and Shyben A. Madi, expressed interest in the project. It was also disclosed that on 21 October 2019, KMC opened the expression of interest, and on 22 October 2019, GPPA wrote back telling KMC that it would not approve the transaction.
GPPA asked KMC to provide some documents like GPPA form 012 (declaration of the members of the CC), GPPA forms, feasibility studies report and some other documents. The documents were not attached.
Lead Counsel Coxx said KMC began requesting for expression of interest and later wrote to GPPA seeking approval, but GPPA did not grant the request. Despite the lack of approval, KMC went ahead to conduct the expression of interest and extended the deadline for the expression to 30 December 2019.
It also went ahead to engage in negotiation with Choose Africa, which remained the only legitimate bidder with technical experience without relying on NAWEC.
“It is a non-compliance issue and violates the provisions of the Act. The Authority [GPPA] should have taken punitive action against them because their action was not in line with the law,” Sanyang said.
KMC wrote back to GPPA attaching the report on the expression of interest and minutes of their meeting conducted to negotiate with Choose Africa, he said, adding that on 24 March 2020, GPPA wrote back to KMC reminding them of their previous letter.
Sanyang further stated that KMC used single sourcing and awarded the contract to Choose Africa because there was a fire outbreak and smoke that was affecting the dumpsite and residences within that vicinity. He added that KMC claimed that it was a matter of urgency.
KMC, he went on, stated that the purpose of the project was to rehabilitate the dumpsite and minimise the environmental damages that were affecting residents and other people around the dumpsite.
