Windhoek — The government
is demanding N$2.8 million from the African Civil Aviation Agency for
being over-charged on "agreed professional fees". The government alleges
fraud through inflated charges and double invoicing for services
rendered by the agency during a contract period that dates back to 2004.
African
Civil Aviation Agency (ACAA) is a consulting firm with which the then
Ministry of Works, Transport and Communication entered a five-year
agreement "to provide certain services" on the setting up of the African
Union's African Civil Aviation Authority (AFRO-CAA) with its
headquarters in Namibia.
AFRO-CAA is meant to deal with aviation
safety in Africa, which in those years had pitched Africa as of the
unsafest skies in the world. The ACAA operated a Namibian registered
firm whose address was care of legal firm M. B. De Klerk and Associates.
Now
the ministry claims that the ACAA "submitted fraudulent or
alternatively false invoices during the agreement or alternatively was
negligent when submitting these invoices or accounts." The transport
ministry wants ACAA to repay the sum of N$2 833 258.36 which is what
government overpaid for the services - that include transport charges,
airline tickets and professional management fees.
The ministry's
catalogue of ACAA's double claims include the N$2 484.96 for transport
from Frankfurt to Geneva for the period May 2006 that was paid twice in
two successive months, N$1 892.24 plus an additional sum of N$2 513.06
for transport to South Africa which the ministry paid for in June/July
but which ACAA claimed in an invoice dated August 16. The double payment
lists continue with costs for tickets to Lagos, Nigeria, as well as
interpretation costs.
The ministry also said although the review
of the original contract in 2007 included the increase in professional
fees, the original contract was "silent" on how much such fees can be
increased. Hence the review meeting decided to increase the fee by 10
per annum per annum and backdated it to include the years 2005, 2006 and
2007. ACAA was then instructed to submit an invoice containing the
outstanding amounts pertaining to the increases. When the invoice was
submitted on January 18,2007 the ACAA included interest at the rate of
12% per annum amounting to N$64 789 which brought the total arrears to
N$1 388 288.12, and which was promptly paid on January 23, 2007.
The
ministry now claims that the ACAA was not entitled to claim the
interest as it was not in arrears and no invoices were submitted for
that amount. It claims that the ACAA was only entitled to an amount of
N$647 892 and was therefore overpaid by N$740 396.12.
Government
further alleges that it paid N$139 145 in professional fees for the
period April 2007 to March 2008, "as a result of fraudulent
misrepresentation by Harry Eggerschwiler who acted on behalf of ACAA",
and who induced the ministry to extend the original contract by another
five years and to increase the monthly professional fees from N$84 000
to N$139 154. Eggerschwiler is accused of producing a "memorandum"
signed at the January 17 meeting where it was decided to increase the
professional fees by 10 percent, to the then Chairperson of the
Technical Committee, Philip Amunyela.
The ministry claims
Eggerschwiler knew that the representations were false and that the
memorandum was not part of the minutes of the January 17 meeting and
contained statements that were neither discussed nor agreed on at that
meeting.
"Mr Amunyela mistakenly signed the memorandum of
agreement dated 06 June 2007," the court documents read. The ministry
pleads that the mistake was reasonable and that the memorandum is
accordingly void.
Judge Dave Smuts is on the bench while Nixon
Marcus from the Government Attorney's Office represents the Ministry of
Works and Transport, and James Diedericks appears for African Civil
Aviation Agency.
Source: http://allafrica.com
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