By NATION REPORTER
LOCAL Government and Rural Development Minister Garry Nkombo and his Permanent Secretary Maambo Hamaundu have been dragged to court for deciding to procure 156 Toyota Land Cruiser motor vehicles using the Constituency Development Fund (CDF).
The Economic Front party has sued Mr Nkombo, Mr Hamaundu and the Attorney General for deciding to centrally procure the 156 Toyota Land Cruisers using the CDF without following procurement procedures and guidelines.
In an affidavit verifying facts in support of ex-parte summons for leave to apply for judicial review, Mr Sandy Sindazi, a member of the Economic Front Party has submitted that the decision by Mr Nkombo and Mr Hamaunde procure the motor vehicles was an abuse of authority and ultra vires the provisions of the law.
Mr Sindazi in his submissions stated that the procurement of the 156 vehicles was not in line with the CDF guidelines.
He has submitted that the provisions of the CDF Act and the CDF guidelines did not vest powers in the Minister or Permanent Secretary to decide and approve the procurement of any goods and services on behalf of the local authorities.
Mr Sindazi stated that even the provisions of the Public Procurement Act and its regulations did not vest powers in the Permanent Secretary or the procurement committee in the Ministry of Local Government and Rural Development to procure goods for and on behalf of any local authority.
He stated that the policy of decentralisation as pronounced by the central government was meant to allow local communities through local authorities to make their decisions and determine their own requirements regarding the goods and services they wished to procure.
Mr Sindazi stated that the procurement of the 156 Toyota Land Cruisers was not supported by any recommendation by the local authorities and therefore lacked transparency.
“The decision by the Minister of Local and Rural Development and his Permanent Secretary to procure the 156 Toyota Land Cruiser hard top motor vehicles under the Constituency Development Fund in the sum of US$8, 313, 084.00 or ZMW136, 168, 315.92 constitute an abuse of authority and is ultra vires the provisions of the law. Neither the provisions of the CDF Act nor the CDF guidelines vest powers in the Minister of Local Government and Rural Development to decide or approve the procurement of any goods on behalf of any local authority,” Mr Sindazi said in his affidavit.
The Ministry of Local Government and Rural Development recently single sourced CFAO) (Toyota Zambia Limited) to supply and deliver 156 4×4 Hard Top Toyota Land Cruiser motor vehicles at a whopping cost of US$8, 313, 083.00 through the CDF.
The procurement of the vehicles was to be conducted through direct bidding from Toyota Zambia via the tender Number MLGRD /CDF/ORD//02/22.
According to a notification of the best evaluated bidders and E-GP platform notice, the Ministry announced that it had selected via direct bidding Toyota Zambia Limited to supply and deliver Toyota Land Cruisers for the 156 constituencies across the country.
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