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Kenya: Minutes reveal how IEBC bought pollbooks


Standard Digital

By Moses Michira and Paul Wafula

March 26, 2013

NAIROBI, KENYAThe electoral commission, which conducted the March 4 General Election, bought voter identification gadgets without testing their technical capability.

Face Technology, the South African firm that supplied the equipment also known as poll books, won the tender before a technical evaluation was conducted among the five prequalified bidders.

A review of the tendering procedure by the public procurement regulator found out the tender to supply poll books was awarded to the South African firm, which participated in the Anglo Leasing scandal, on September 29 last year, three weeks before the technical evaluation among the shortlisted bidders.

This major procurement breach ensured firms that were to later demonstrate their capabilities for the task, like America’s Avante and France’s Safran Morpho were left out.

The public procurement regulator, however, found out IEBC had actually made its decision to award the tender to Face Technology more than three weeks before the October 22 demonstration of technical capabilities.

Minutes from the Independent Electoral and Boundaries Commission (IEBC and presented by Avante to the regulator indicated that the tender was actually awarded on September 29.

“…bidder number 3 M/S Face Technology be considered for the award of the contract at a total cost of Sh1.397724925 ($16651139.13),” reads part of the official information from IEBC’s September 29 meeting.

The regulator says since a decision had been made, the exercise of proof of concept was meaningless becauseFace Technology, whose devise had failed, had been shockingly declared the winner. The revelation now provides the critical answers to the billion-dollar question, what exactly went wrong in the voter identification during the last General Election conducted by IEBC?

The public procurement regulator fell short of cancelling IEBC’s tender, only allowing it to proceed in the greater public interest considering the time left, on its December 3, last year, terse ruling. IEBC’s defence was that Face Technology had the lowest quote at Sh1.39 billion disregarding its inability to produce the required equipment, compared to Safran Morpho’s Sh1.6 billion and Avante’s Sh2.1 billion.

Questionable tendering

IEBC’s motivation in awarding the tender to Face Technology was questioned by the regulator who established an uneven playing ground in the procurement process. Face Technology had presented a prototype that never worked at the tendering stage, but the IEBC inexplicably offered the firm another chance to demonstrate its technical capability.

A meeting between IEBC and the three prequalified bidders held on October 10, last year indicated Safran Morpho declined to parade its prototype, while Face Technology’s equipment fell short of the requirements in the tender document.

“(Avante’s prototype) can satisfactorily meet the specifications provided in the tender document for voter identification device,” further reads the report. “( Face Technology) did not demonstrate a prototype that met the proof of concept requirements as stipulated in the tender document.”

IEBC invited Face Technology and Safran Morpho in a subsequent demonstration, leaving out Avante, which had demonstrated its technical capacity, in a meeting held on October 22. Minutes of the meeting show Face Technology presented a different device from that submitted during the close of the tender, a major procurement breach, which the IEBC turned a blind eye to.

During the evaluation,Face Technologyprovided a prototype device, which lacked a spare power back-up of 12 hours that was marked as critical. It also did not have an original battery attached to the laptops that would last for 12 hours.

The device it supplied at this stage did not meet the requirement that its start-up and recovery time would last less than 30 seconds. This means the prototype ofFace Technology was taking longer to start than required. None of the companies that qualified for the second round of evaluation also provided gadgets that had unique identification numbers assigned by the manufacturers. Lack of this detail exposes the gadgets to difficulties in tracing the user and location in case they are used to hack into the system. The Board accuses the IEBC of being cosy with Face Technologyand finding small excuses with the other companies to disqualify them.

“It (IEBC) appears to have adopted in the processing of this tender, a scheme of nit-picking, when it came to the tenders of the bidders it did not favour, and one of cosiness when it came with the successful bidder (Face Technologies),” a report, critical of the process, reads in part.

The revelations come at a time when it emerged the electronic voting and transmission system could have been attacked at least twice before it finally crashed at 8pm on Election Day.

Bafana TV deal worth R28m


sport24.co.za

June 6, 2012

Johannesburg – The SA Broadcasting Corporation (SABC) and SportFive formalised the three-year agreement on Bafana Bafana‘s competitive away matches on the continent on Thursday.

The France-based company holds media and marketing rights to all Confederation of African Football (CAF) related events.

The contract is worth a total of R28m over the period, the SABC said in a statement.

“This agreement shows that broadcasting matches of our national teams is not just our mandate as a public broadcaster, but our ethos,” said SABC group CEO Lulama Mokhobo.

“We are proud to have reached this deal with SportFive as it will ensure that South Africans are able to follow Bafana Bafana’s progress.

“In terms of the agreement, the SABC will have all the broadcasting rights of Bafana Bafana away matches for the territory of South Africa.

“This agreement includes three away official qualifying matches of the FIFA World Cup in 2014, and three away qualifying matches for the African Cup of Nations in 2015…Read more.

Libya, U.S. Probe Oil-Company Deals


The Wall Street Journal

By Benoit Faucon, Summer Said, and Liam Moloney

April 8, 2012

New Government Aims to Shed Light on Petroleum INdustry‘s Interaction with Gadhafi regime

Authorities in the U.S. and Libya are investigating oil giants such as Italy’s Eni SpA and France’s Total SA over their past relations with the fallen Libyan regime, potentially casting a cloud on the companies’ ambitions to expand their foothold in the country with the largest oil reserves in Africa.

Last year, a civil war that toppled Libyan leader Col. Moammar Gadhafi nearly shut down the country’s crude production, stressing global oil markets. But as oil-company operations return to normal, the probes may complicate the oil companies’ business in the country.

The Libyan general prosecutor’s office is investigating “Libyan and foreign operators in Libya” for possible “financial irregularities,” its deputy head, Abdelmajeed Saad, said in an interview.

In a March letter reviewed by The Wall Street Journal, the prosecutor’s office formally asked the head of audit at Libya’s National Oil Co. to supply oil-company documents. The letter mentions oil transactions between NOC and international traders Vitol Group and Glencore International PLC as examples of documents it is seeking. Though the Libyan probe focuses mostly on the Gadhafi era, the letter indicates that the request involving the traders includes the period of the country’s civil war through the present.

The companies investigated also include Eni, the biggest foreign oil player in Libya, and Total, Mr. Saad said…Read more.

How African dictators corrupt European politics


Pambazuka, Issue 581

By Michael Schmidt

April 19, 2012

INTRODUCTION

We have seen several curious reversals of the usual pecking order in world affairs regarding Africa’ status of late, not least of which have been the spectacle of Portugal begging for aid from its former colony Angola, and of European citizens relocating back to their former colonies, fleeing economic crisis in Europe for poorly-paid jobs in the African hinterland. [1]

But there is a longer-lived and more secret relationship between Africa and Europe that overturns the conventional view of African presidents being corrupted by European aid-with-strings-attached; this is the phenomenon of la valise, “the suitcase” system of millions sent over decades by African dictators to corrupt the European political process. Seeing as how language differences divide common understanding between Francophone Africa and Anglophone Africa, the two largest colonial-language blocs, it is worth us here in the English-speaking part of the continent to examine this phenomenon so entrenched in Francophone African affairs – and now apparently spreading. The Center for French and Francophone Studies at Duke University in North Carolina hosted a debate on la valise on 5 October 2011 called “The Colonies Pay Back: Culture and Corruption in Franco-African Relations,” and this article comprises extracts from that debate.

POST-COLONIAL FRANCE, THE “SUITCASE REPUBLIC”

Philippe Bernard, the outgoing Le Monde correspondent for Africa, initiated the debate by noting that Robert Bourgi, [2] Gaullist French President Nicolas Sarkozy’s unofficial advisor, had in September 2011 accused former socialist President Jacques Chirac and his Prime Minister Dominique de Villepin, who were in power from 1995-2007, of having received enormous bribes in the form of suitcases stuffed with cash, from five West and Central African states – the Congo, Burkina Faso, Senegal, Ivory Coast, and Gabon – to fund Chirac’s campaign. In a later interview with Canal+, Bourgi claimed that the 1988 campaign of far-right candidate Jean-Marie le Pen of the National Front, had also been partly funded by the valise. Chirac and de Villepin have denied Bourgi’s claims.

According to the Telegraph’s retelling of the tale, [3] Bourgi claimed in an interview with Le Journal du Dimanche that he had personally “transported ‘tens of millions of francs’ each year, with the amounts going up in the run-up to French presidential elections – an intimation the cash was used to fund Mr Chirac’s political campaigns. ‘I saw Chirac and Villepin count the money in front of me,’ he said. He alleged he regularly passed on bank notes from five African presidents: Abdoulaye Wade of Senegal [in power 2000-2012]; Blaise Campaoré of Burkina Faso [1987-today]; Laurent Gbagbo of Ivory Coast [2000-2011]; Denis Sassou Nguesso of the Congo [1997-today] and Omar Bongo of Gabon [1967-2009], whom Mr Bourgi called ‘Papa’. Together, he alleged they contributed £6.2-million to Mr Chirac’s successful 2002 presidential campaign. A sixth leader, President Obiang N’Guema of Equatorial Guinea [1979-today] allegedly was the last member to join the cash donor club,” until, Bourgi claimed, a nervous de Villepin brought the system to a halt in 2005. Bourgi claimed he had personally run the valise system for 25 years and in exchange, the African dictators were granted huge reductions in their debt to France once their sponsored candidate attained office in the Elysée.

Bernard said he believed the system had arisen out of the notion of “France-Afrique, the confusion of French and African interests. It has been a public secret since [African] liberation in the 1960s: in 1960/61, deals were signed that France will use its power to defend the [African] regimes and France will have exclusive access to African raw materials and the right of France to intervene militarily in case of threats to African national security. In the 1980s, the Gaullists [then in opposition against François Mitterand’s Socialist government] were similarly accused – that a percentage of Gabonese oil revenues were allegedly used to finance their campaigns – but proof and public testimony was lacking.”
Professor Stephen Smith, former Africa editor of Libération, and Bernard’s predecessor at Le Monde, recalled rumours that “money smuggled in by Africans to the French Prime Minister’s office in djembe drums. The office has no air-conditioning, so the thought of him standing there with his sleeves rolled up counting it all is amusing.” On a serious note, however, Smith recalled that in 1971, at the very start of a reign that only ended in 1993, it was said that the first President of Ivory Coast, Félix Houphouët-Boigny, had donated “bags of money” to the conservative Georges Pompidou government. There was, Smith said, “a long contuinuity of the practice from the Gaullists [Charles de Gaulle was in power 1959-1969] to [the rightist Republican Valéry] Giscard d’Estaing [1974-1981], a continuity of conservative governments,” who had been propped up by la valise: “This amounts to a post-colonial ‘informal state,’ not on paper, but in practice.”

Remember that this period – the Fifth French Republic – was brought into being in 1958 by the crisis in France precipitated by the Algerian Liberation War. So we have half a century of African dictators, installed and propped up by French military power, who in turn propped up with African oil and other revenue, a string of conservative sister regimes in France – although Smith said that the valise system in the six countries also worked via French companies working in parallel in the former colonies: one paid the French conservative Gaullists; the other paid the French socialists and communists. Given France’s strategic position within Europe, its influence only matched by Germany and Britain, anyone able to buy the French Presidency in effect purchases huge influence in Europe itself – so progressive politics on both continents appear to have been bedeviled by these secret transactions.

Smith said that his first newspaper scoop on the secret practice regarding the shadowy character of Bourgi, was in 1995 for Libération when he wrote about the unprocedural write-off of Zaïrean dictator Mobutu Sese Seko’s debts: Mobutu “raised his little staff and I was afraid he would hit me! Robert Bourgi earned €600,000 from Mobuto to put out the fire – and he earned €1-million to stop a book that I was writing.”

Bourgi’s “accounting is pristine; he deals only in cash, so there is little to prove.” The bribe money was later deposited in South African or Lebanese bank accounts, Smith claimed. The reach of Bourgi’s unofficial power was considerable: Smith claimed that when Sarkozy wanted a rare photo-opportunity with South Africa’s now-reclusive and elderly Nelson Mandela, Bourgi simply phoned up “Papa,” Gabonese President Omar Bongo, who persuaded the old man to agree to fly to Paris for the meeting in 2007.

THE SUITCASE SYSTEM EXPANDS

Prof Achille Membe, a specialist in post-colonial Africa, responded that the valise system was one of “mutual corruption” that has “shackled France and Africa for decades”: “The relationship is not only corrupt in terms of money… It’s a deeper form of cultural corruption that has emasculated somewhat African civil societies. In terms of the future, France still has military bases in Africa and can kick out a Gbagbo. But when France has to pay a heavy price [for intervention], it will think twice.”

Bernard said that as France’s grip on the African continent started to be eclipsed militarily (by the USA in particular [4]), in terms of the Francophone African CFA currency which is linked to the embattled Euro, in terms of French companies losing their exclusive relationships with African regimes as the International Monetary Fund took the reins in many countries and as Chinese, Brazilian and Indian investment poured into the continent, Sarkozy wanted the “network of go-betweens” such as Bourgi, who had “operated as a parallel diplomat,” to end.

Smith agreed that France now made more money from its relations with Anglophone Africa – South Africa and Kenya in particular – than it did from its former colonies, but warned that “now you’ve got a multiplication of the French exceptionalist models: China’s Africa relationship is as corrupt as the French; the French preserve and privilege has now become globalised.” Membe added that in his view, the waning of the French star in Africa – despite French remaining a dominant African language, and despite the existence of an African Diaspora literati in France – was that France itself “has entered a process of re-provincialising,” of monocultural conservatism and retreat from world affairs.

Membe said that “Robert Bourgi’s ‘revelations’ weren’t revelations in Africa. In Francophone Africa, this hasn’t been perceived as a scandal” because the prevailing cynicism about Franco-African relations was underscored by a long-term trend of the decline of the importance of France to its former colonies: “Geography is no longer centred on Paris… Robert Bourgi and others are the last spasms of a dead proposition, something that is on its knees, no longer historical but anecdotal… France will become a parenthesis.”
But it is very far from clear whether the valise system has indeed come to an end and lost its ability to shape African history. Smith said that Sarkozy’s own reputation was in doubt as he had written off 40% of the debts of Congo and of Gabon – whereas Chirac had capped the write-offs at only 8%, so suspected payments to Sarkozy would have been “a good investment by African leaders.” If Sarkozy is also involved, then Bourgi’s end-game in speaking out about the valise system after 25 years – and claiming it ended with Chirac – is clearly not aimed at tarnishing Chirac, who is a dying man and a spent political force, but rather to threaten Sarkozy while he is still President, forcing him to allow Bourgi to retire smoothly, without fear of prosecution, aged 67, to his newly-purchased mansion in Corsica.

Smith said the roots of the system lay in the fact that “when Europeans came to Africa, they ‘unbuttoned’ themselves,” initiating the corrupt relationship. But it takes two to tango, so what of the agency of African leaders themselves? “If I was an African leader today,” Smith admitted, “I’d still ‘invest’ in France because the United Nations, IMF etc will turn to France when they need assistance in Africa – despite it having lost leverage as a one-stop centre – so African leaders’ choices will still count.”

It is clear the suitcase system will continue, although likely spreading to include several newly invested powers – the USA, China, Brazil, India and South Africa – and ironically, with continental growth at 5.5%, peripheral Africa’s ability to influence and corrupt political affairs in the metropole may well even increase.

END NOTES
[1] An example these tales of return is at www.nytimes.com/2010/07/14/business/global/14angolabiz.html

[2] Born in Dakar, Senegal, in 1945 to a French Lebanese family, Bourgi was admitted at the Paris Bar as a lawyer. A former adviser to Chirac and de Villepin, Sarkozy awarded him the Legion d’honneur in 2007.

[3] www.telegraph.co.uk/news/worldnews/europe/france/8756097

[4] In the 1960s, there were 20,000 French soldiers stationed in Africa, now there are less than 5,000 – although their technical capacity today is far greater. However, in Mali, which has just experienced a coup d’etat, there is a significant American military presence, whereas the French have indicated they will not intervene as was their practice in the past; Sarkozy had reopened the mothballed French military base in Ivory Coast, but France’s 2011 intervention in Ivory Coast only occurred under United Nations mandate.

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