MSD officials in hot soup over payment deals

FAUSTINE KAPAMA

THE Prevention and Combating of Corruption Bureau (PCCB), yesterday disclosed more facts showing how two former senior officials with Medical Stores Department (MSD), Cosmas Mwaifwani and Fredrick Nicolaus, were involved in abuse of their positions in over 482m/- payments deal.

Before Principal Resident Magistrate Respicius Mwijage at Kisutu Resident Magistrate’s Court in Dar es Salaam, PCCB prosecutor Anet Mavita, explained that the two officers allegedly prepared and signed an amendment, thereby causing H.H. Hillal & Company Limited to obtain undue advantage of 482,266,000/-.

According to the prosecution, being employees of MSD as acting Director General and acting Procurement Manager, respectively, the two are alleged to have committed the offence between March 1 and 19, 2013 at the MSD Headquarters within Temeke district when discharging their duties.

The prosecution alleged that on June 8, 2011, the MSD entered a framework agreement of a tender with a supplier, H.H. Hillal &Company Limited, for supply of maternity pads and diapers. Such agreement was performed through what is called “Call off Order.”

It is the prosecution’s claims that between February 13 and 21, 2013, the MSD Tender Board, through a request for approval of contract extension, endorsed such request together with procurement of adult large size diapers 180,000 pieces, 75,000 medium size, 15,000 extra large pieces and 30,000 for children.

On February 21, 2013, Mwaifwani allegedly authorized the procurement of diapers to be done, with an increase of the numbers, which had never been approved by the Board, including 360,000pieces for adult large size, 150,000 pieces medium size, 30,000 extra large sizes and for children 60,000 pieces.

The prosecution disclosed that on March 1, 2013, Nicolaus prepared amendment of the framework agreement by increasing the number of diapers not approved by the Board, including 372,000 pieces of adult large size, medium size 153,000 pieces, extra large size 33,000 pieces and 63,000 for children.

On March 19, 2013, Nicolaus allegedly prepared a Call off Order in order to implement the mission, while on March 21, 2013, Mwaifwani is alleged to have signed the Call off Order in question.

Following the instructions through the Call off Order, the supplier delivered to MSD the said items.

The prosecution told the court further that the acts of the accused persons relating to increasing the number of the diapers that had never been approved by the Board was contrary to Regulation 37 (1) of Government Notice No. 97/2005 and section 35 © of Public Procurement Act No. 21/2004.

It is alleged that following such acts of the accused it led to the supplier company to obtain undue advantage of 482,266,000/-. After such disclosure of facts, the two accused persons exonerated themselves from such conducts.

The prosecution informed the court, thereafter, that in attempt to prove the charges against the accused persons, they would call a total of 15 witnesses and tender 30 exhibits. The magistrate adjourned the trial to April 18, when the hearing session is expected to take off.