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Zambia: Zawa Hunting Concessions Were Irregular - Report
BY XAVIER MANCHISHI, 3 MARCH 2014



THE Zambia Wildlife Authority (ZAWA) tender process for the granting of safari hunting concessions which Tourism and Arts Minister Sylvia Masebo cancelled was marred with glaring irregularities, a report has revealed.

Ms Masebo, who is appearing before the Tribunal for alleged interference at ZAWA, cancelled the tender due to glaring irregularities.

According to a document tendered by Ms Masebo's lawyer Robert Simeza at the Rhoyda Kaoma-led Tribunal appointed to probe the Tourism minister's alleged interference at ZAWA, the tendering process had various discrepancies.

The document, a report from the Anti-Corruption Commission (ACC) on preliminary investigations on the ZAWA tendering process signed by ACC Director-General Rosewin Wandi, outlined the irregularities discovered following the request by the Ministry of Tourism.

"The tender evaluation committee irregularly employed its discretion to disqualify eligible bidders by using criteria which were not prescribed in the bidding/solicitation document on Instruction to Bidders," the report reads in part.

Consequently, bidders such as Legend Adventures, Tandala Safaris, Mafitema Safaris, and GR Safaris were unfairly disqualified on minor deviations contrary to the prescription in the bidding document.

It was also noted that companies such as GR Safaris were unfairly disqualified for not providing the bid security as per standard when in fact the company had complied by providing a manager's cheque that fell within the bid security validity period of 120 days from the date of issue.

Investigations further established that Tandala Safaris and Zambezi Expedition were also disqualified under Upper Lupande hunting bloc on grounds that their bid security did not meet the validity period when in fact not.

"It was further noted that there were wide variations in the scores of the evaluators on the same criteria as though the evaluators were looking at different submissions when in fact the submissions were uniform," the adds the report.

The report also reveals that the evaluation committee was not consistent in the evaluation process which saw Matope Safaris considered for two hunting blocs when the company did not specify which hunting bloc it was applying for.

The same company was not evaluated for the Luwawata hunting bloc on grounds that it did not specify the hunting blocs it had applied for, a direct contradiction with the earlier decision to consider it for Lower Lupande and Kasonso hunting blocs.

The report also noted that ZAWA used the two envelope system for the tender which required the placing of technical and financial bids in separate envelopes as anchored on the Procurement Regulations in the ZPPA Act number 12 of 2008 but which is liable to speculation.

It was established that the ZAWA management was on firm grounds to exclude chiefs in the evaluation process with the Authority instead of preferring to use its discretion to pick Community Resource Boards to represent the chiefs, but with little requisite evaluation knowledge.

The ACC preliminary investigations also found that while the ZPPA granted a 'no objection' on the solicitation document, the Authority neglected to render professional guidance on provisions in clause 2.2 of the solicitation document.

The report recommended that the tender be re-advertised with a different evaluation team comprising professionals from ZAWA and external members to be constituted to conduct the process based on fresh bids.

http://www.postzambia.com/post....php?articleId=45857


ACC notes anomalies in cancelled safari hunting concessions
By Chiwoyu Sinyangwe
Wed 05 Mar. 2014, 14:00 CAT


ANTI Corruption Commission director general Rosewin Wandi has revealed that the cancelled safari hunting concessions granted in various game management areas by ZAWA lacked credibility as eligible bidders were unfairly disqualified.
Wandi stated in a letter dated March 18, 2013 to tourism permanent secretary that there were a lot of irregularities in the safari hunting concessions that the Zambia Wildlife Authority granted in various game management areas.
"In light of the irregularities, it is recommended that the tender for the granting of safari hunting concessions in the various game management areas, be re-­advertised on the basis of the following...a different evaluation team comprising of professionals from both ZAWA and external members be constituted to conduct the evaluation based on fresh bids," she stated in response to a report submitted by the Ministry of Tourism on December 28, 2012 alleging suspected irregularities in the award of 19 hunting blocks in various game management areas.
"It is advised that in the event that external members are co-opted from oversight institutions, such must be involved in the entire procurement process as opposed to the evaluation stage only. ZAWA must employ a credible mechanism of conducting due diligence on bidders and assessing the capacity of community resource based person involved in the evaluation process in order to restrict involvement to persons who can add value to the process."
Upon receipt of the report from the Ministry of Tourism, ACC instituted the probe to establish the veracity of the allegations.
According to some of the preliminary findings of the ACC probe, the tender evaluation committee irregularly employed its discretion to disqualify eligible bidders by using criteria which were not prescribed in the bidding/solicitation document on Instructions to Bidders (IBT).
Wandi stated that as a result, bidders such as Legend Adventures, Tandala Safaris, Mafitema Safaris and GR Safaris "were unfairly disqualified" on minor deviations contrary to the prescription in the bidding document.
"Evidence suggests that the elimination of eligible companies at preliminary stage may have been done with probable intent to favour companies connected to a named businessman," she stated. "This is yet to be conclusively ascertained as so far as no direct evidence has been established to suggest that preferential treatment was given to the companies related to the named businessman. No evidence has so far been established to suggest criminality on the part of the ZAWA management in as far as the noted irregularities are concerned. However, investigations are continuing to establish criminality if any."
Wandi stated that ACC investigations revealed that Zambia Public Procurement Authority (ZPPA) failed to provide professional guidance in the procurement process when its "no objection" verdict allowed six companies to be favourably considered for award of the concession.
"Even though no evidence has so far been established suggesting interlocking directorship and or are shareholders among the six companies, the interpretation of the said named bidders possibly enjoying preferential treatment," stated Wandi. "Furthermore, the evaluation committee refrained from conducting due diligence on the relationship of the bidders in issue. It should be noted that although a 'no objection' was granted by ZPPA on the solicitation document, ZPPA neglected to render professional guidance on key provisions such as clause 2.2 of the solicitation document. Consequently, it is highly likely that arbitrary interpretation of the clause during the evaluation process may have compromised the integrity of the procurement process."

http://www.postzambia.com/post....php?articleId=45947


Masebo denies ordering cancellation of hunting concessions
By Agness Katongo, Namatama Mundia and Francis Lungu
Fri 07 Mar. 2014, 14:00 CAT



TOURISM and arts minister Sylvia Masebo yesterday told the tribunal that she did not instruct former ZAWA director general Edwin Matokwani to cancel the tender for 21 hunting concessions.
And Masebo said President Michael Sata instructed her to dissolve the board at Zambia Wildlife Authority (ZAWA) and institute a new one following numerous irregularities that were discovered in the institution.
Testifying before the tribunal probing her alleged abuse of authority of office in relation to operations at ZAWA following complaints by William Harrington, Masebo led by Bonaventure Mutale denied all the allegations leveled against her such as unlawful authorisation of killing of buffalos for Independence Day Celebrations in Livingstone and interference in the operations at ZAWA among others.
She said after she received several complaints from various stakeholders regarding the tendering process, she instructed Matokwani to withdraw the document so that they could get back to the drawing board to discuss the issues that were raised.
Masebo said Matokwani complied and a meeting where over 300 delegates comprising tourism ministry officials, ZAWA officials, chiefs, and Community Resource Boards (CRBs) members attended.
She said the meeting agreed to fully involve the community in the affairs of wildlife so that they could see the real benefits.
Masebo however, told the tribunal that due to forces of greed that existed among some ZAWA officials, she discovered that some of the things they agreed upon in the meeting were left out in the final bidding document that was advertised.She explained that immediately she noted the anomaly in the advertisement that came out, she contacted one of the advisory committee member Timothy Mushibwe who earlier looked at the document and said it was fine.
But Mushibwe later told Masebo that he did not look at the final document that ZAWA came up with and advertised after they were guided.
She said she immediately called Matokwani who assured her that the issues would be dealt with.
Masebo said she was disappointed with what had happened because after the stakeholders meeting, she was sure that ZAWA would do the right thing but what they did was to the contrary.
And Masebo said after several attthat Matokwani was a participant in the wrongs that occurred in the tendering process.
She said she then sought guidance of President Sata who gave her directives on the course of action that she should take.
Masebo said she drafted the course of action the President gave her
and instructed her permanent secretary to effect the termination ofemployment for the Matokwani led management.
She said the investigative wings were gathering evidence to prosecute some ZAWA officials.

http://www.postzambia.com/post....php?articleId=46025



ZAWA didn't follow procedure on hunting tenders - witness
By Francis Lungu
Sun 09 Mar. 2014, 14:00 CAT



ZAWA procurement director Manus Simwanza told the Sylvia Masebo tribunal that the authority did not follow the laid-down procurement procedure when it awarded the safari hunting tenders in the 21 hunting blocks that the tourism minister eventually cancelled.
This is in a matter in which a tribunal was established after former transport minister in the MMD government William Harrington complained against Masebo's alleged abuse of authority of office in relation to operations at the Zambia Wildlife Authority.
Simwanza on Friday afternoon told the judge Rhoyda Kaoma-chaired tribunal that ZAWA abrogated the procurement procedures when it awarded the tenders without first inviting expressions of interest.
He said ZAWA proceeded to offer request for proposals, obtained proposals and opened them.
Simwanza further said ZAWA went ahead to combine evaluation of the tender and obtained authorisation from the Zambia Public Procurement Authority.
"The (procurement) process was not done the way it should have been done. ZAWA should have used the QBS (quality-based scoring) system because it is a one envelope system where the proposal with the highest score is picked," Simwanza said.
He noted that ZAWA used the two envelope system, a formula not recommended under the procurement procedures.
One of Harrington's lawyers, Makebi Zulu, asked Simwanza in cross-examination whether the Minister of Tourism and Arts had powers to cancel the tender since she was not part of the procurement committee.
"From the documents, the minister was not part of the procurement or tender committee. The minister should not be directly involved. She could only interfere if she was part of the procurement committee," said Simwanza.
Masebo closed her defence on Friday but the tribunal said they had subpoenaed the last witness from the ZPPA to clarify certain issues.
The tribunal resumes hearing tomorrow.
"By Monday we will be left with 16 days or so to sit (to come up with the report of findings), so by Tuesday close of day, we need submissions from both parties," said judge Kaoma.

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Zambia: 'ZAWA Was Wrong'
BY PERPETUAL SICHIKWENKWE, 11 MARCH 2014



AN official from the Zambia Public Procurement Authority (ZPPA) has said it was negligence of duty for the Zambia Wildlife Authority (ZAWA) not to suspend the tendering process for 19 hunting concessions despite the glaring inconsistencies that marred the process.

ZPPA director of inspections and standards Gloria Ngoma told the tribunal appointed to investigate Tourism and Arts Minister Sylvia Masebo's alleged interference in the operations of ZAWA that it was wrong to allow the tendering process to continue running when it had departed from the terms of reference in the soliciting document.

Ms Ngoma said there was inconsistency in the procurement process of the tender and as such, it should have been cancelled by the approval authority.

She told the Roydah Kaoma-led tribunal that under the ZPPA Act, there were two approvals of authorities namely, the chief executive officer (CEO) of a company or controlling officer (permanent secretary), and the procurement committee that had the authority to cancel a tender.

She said while the procurement committee had unlimited authority, the CEO or controlling officer only had powers to cancel a tender not exceeding the K50, 000 threshold.

Ms Ngoma said the act only gave power to the two approval authorities to cancel a tender if they discovered that there were insufficient funds for the procurement, no responsive bids, received tendencies of collision among bidders, and if there was evidence of corrupt practices by a public officer or any other.

She said the ZPPA Act required that if the process departed from what had been stipulated in the soliciting document of the tender, the process should be cancelled.

Ms Ngoma said when there was dereliction of duty in the case of the ZAWA tender, the authority should have recommended for the suspension of the process.

She said the ZAWA tender was a two-stage envelope bid but did not follow the quality based scoring system which was mentioned would be followed in the document.

Ms Ngoma said that ZAWA did not follow the specification in the bidding document and, therefore, there was inconsistency in the scoring process.

"The act says if there is departure in the process, then the authority should recommend for the suspension of the process.

"If the authority does not do that there would be dereliction of duty," Ms Ngoma said.

On the inclusion of chiefs and Community Resource Boards (CRBs) in the evaluation process, Ms Ngoma said the tendering process was open to the public at the stage of opening of technical proposal, but that it was a closed process during the evaluation process which involved the opening of financial proposals.

She, however, said that the authority was at liberty to include chiefs and CRBs at the initial stage of the proposal and not when it had reached the evaluation stage.

Ms Ngoma said at the time ZAWA requested for an opinion from ZPPA on whether it could include chiefs and CRBs, ZPPA was meant to understand that the technical process had already been concluded.

She told the tribunal that under the ZPPA Act, both Ms Masebo and President Michael Sata had no powers to direct the cancellation of the tender.

She, however, said she had no understanding of the scope of executive powers vested in the President.

The tribunal yesterday closed its hearing and was expected to hand over its recommendations to the President and the Speaker of the National Assembly by March 30, 2014.

Ms Masebo and the petitioner, former Communications and Transport minister William Harrington, are today expected to file their written submissions to the tribunal.