AG pledges action on Tractorgate report

The Attorney General (AG) Kalekeni Kaphale says he is studying the Ombudsman report on how the law was broken in the sale of some 177 tractors government had initially procured through a loan from India in 2012 to see what action could be taken.

Majority of those tractors ended up in the hands of politicians, senior government officials and businesspersons and in a 48-page report, the Ombudsman Martha Chizuma Mwangonde only suggested disciplinary action against officers who approved the deals and and apology from the Ministry of Agriculture (MoA).

“The sale of the tractors was illegal, but I cannot direct the cancellations of sale agreements between bona fide buyers and willing sellers. This leaves me with no any other option but to direct MoA to apologise to Malawians for selling the tractors,” reads part of the report.

The report specifically calls for the officials who were members of Internal Procurement Committee (IPC) and “presided over the sale of the farm machinery and benefitted from the sale should be prosecuted in accordance with the Procurement Act.

” C h i z u m a – M w a n g o n d e indicated her office would write the Director of Public of Prosecutions in accordance with Section 126 (c) of the Constitution of the Republic of Malawi to ensure the prosecutions. Added Chizuma

Mwangonde: “After concluding the investigations, I have the power to direct that appropriate administrative action be taken to redress the contributing factors and cause the appropriate authorities to ensure that in the future practicable remedies to address the challenges identified are available. Where necessary I can also recommend to the Director of Public Prosecutions to prosecute individuals pursuant to section 126 of the Constitution.”

And in an interview on Thursday, the AG said breakdown of communication between his office and the Ombudsman led to delays for him to receive the copy of the report.

“I was initially sidelined, but I have held discussions with the Ombudsman on how we should be working in the future. My minister had to engage the Ombudsman for me to receive the report. The report was sent directly to the ministries involved. Now that I have the report I will study it and come up with a way forward. I will either recommend the action or also challenge some cases for judicial review,” said Kaphale.

Director of Public Prosecutions (DPP) Mary Kachale was yet to respond to a questionnaire on whether her office has started proceedings against any controlling officer.

Chief Secretary George Mkondiwa could not be reached for comment on what government is doing to implement previous recommendations calling for action against controlling officers and his Deputy Llyod Muhara on Friday refused to comment on the matter, saying he does not speak to the media.

Those who bought the tractors included Speaker Richard Msowoya, principal secretaries and politicians. In separate interviews, the Speaker of Parliament and other beneficiaries of the tractors welcomed the findings of the Ombudsman and exonerated themselves of any blame.

Msowoya, who bought a tractor at around K5 million, said the report clearly faults how the tractors were sold but added he would not voluntarily return it.

“We didn’t receive the tractors, we bought them. What the Ombudsman should have done is to go ahead and ask government to pay back the money and ask for the return of all the tractors. It is a bad thing what happened.

“The number one fact is, I bought it at second tender and I believed all procedures were followed as PVHO does after watching the first tender. For me, what is important is that we bough tractors openly. If they come back to say there is a public outcry, return them, I will return it,” said Msowoya.

Ben Botolo, one of the PSs named in the report indicated that he was also unlikely to return the tractor he procured, saying the sales had all hallmarks of a normal government tender.

“I bought the tractors after reading the tender invitation in newspapers. I believed those responsible had done all the due diligence,” said Botolo indicated he procured a truck and other equipment worth K12 million.

Out the 177 tractors, only 77 were distributed to Agriculture Development Divisions and 100 were sold.