Monday, 6 September 2010
Parliamentary Commission of Inquiry Detects Virus Eating Up Public Money Parliamentarians Request Minister’s Name Be Deleted From Report
Tempo Semanal
Dili, 24 August 2010
Parliamentary Commission of Inquiry Detects Virus Eating Up Public Money Parliamentarians Request Minister’s Name Be Deleted From Report
On 8 August 2007 when the President of the republic Jose Ramos Horta inaugurated the AMP government and swore in Kay Rala Xanana Gusmao, formerly President during the previous FRETILIN government as Prime Minister of the AMP, the head of government began to encounter problems with food shortages.
Although this problem did not result in a famine crisis, it nonetheless challenged the political determination of the government. Because of this the government, through its head of government decided to opt for signing contracts with a group of Dili based companies to supply rice to the state of Timor-Leste. But the process in signing the contracts became complicated because the contracts were signed prior to the National Parliament’s approval of the Rectified Budget. Even worse is that the companies in signing rice supply contracts with some companies breached procurement laws, which covered the contracts and began to betray the trust of the Prime Minister who had thought of these contractors as development partners.
In its 50 page report the Parliamentary Commission of Inquiry (PCI) reported that though at first the head of government is not implicated as having breached the law but his actions may come to be seen as having put his credibility at risk, because these companies with whom the Prime Minister signed the contracts have to date not paid their taxes, and there are indications of manipulation of the price of rice which affects public funds.
The PCI was able to deduce that from the time of the transitional budget in 2007 until 17 September 2009 the state of Timor-Leste had spent a total of US$89,701,783 to acquire 155,150 tons of rice supplies.
The PCI report deduced that during the July to December 2007 budget period, the government spent public moneys totaling US$5,018,746 to acquire 13,225 tons of rice. The PCI formed the opinion that from 2008 to 2009, the government spent a total of US$83,783,032 to acquire 141,925 tons of rice. According to details provided by the government, to 10 December 2009 the government rice stocks totaled 26,100,225 tons in state controlled as well as private warehouses.
The PCI uncovered information that since the government began implementing the policy of intervention in the rice market by selling rice directly to the Timor-Leste public, according to the government’s own estimates for 2008, the return from sales of rice by the government were US$18,038,000 and for 2009 were US$25,000,000, but at the start of December 2009 when the general budget of the state for 2010 was being debated in the national parliament, it was only US$21,500,000 for 2009.
The report also said that the PCI was unable to reach any conclusions regarding the reported loss of 4,000 sacks of rice, which according to explanations from witnesses from the Ministry of Tourism, Commerce and Industry was still under investigation by the Timor-Leste National Police.
A number of Members of Parliament did not sign the report, including Carmelita Caetano Moniz, Hermes da Rosa Correia Barros, who insisted in writing “the report should not state that the Minister’s wife supplied rice. It should say Ms Kathlyn”. Two other MPs, Domingos da Costa and Teresa Maria de Carvalho also did not sign the report.
The report numbered: 24/CPI.II/XII/2009 dated 9 March 2009 was signed by the President of the Commission Arsenio Paixao Bano along with other MPs; Cornelio da Conceicao Gama, Jose Teixeira, Jacob Xavier, Aicha B. Umar Bassarewan, Domingos Mesquita and Duarte Nunes.
The PCI concluded that the conduct which the government entered into with the company United Food Lda, and signed by the wife of the Minister for Development, Mr. Joao Goncalves, as the 50% shareholder of the share capital holding of the company holding and a director of the company, was in breach of article 3 of Parliamentary Law No. 7/2007.
It further states that according to documents provided by the government regarding contracts signed by it with companies to supply rice to the state of Timor-Leste and which the PCI was able to analyze in detail, during the 2007 transitional budget periods between July and December, the government spent US$6,018,746 to buy 13,225 tons of rice from the company star King Lda, the PCI was able to ascertain information of payments of US$1,464,075 for a total quantity of 3,615 tons of rice at a price of US$400 per ton.
This payment was made by the government on 17/03/2008 and on 21/04/2008, but the PCI was unable to find contract documentation or detailed information regarding the contract signed with the company Star King to justify the information provided from the Treasury of the state.
Insufficient information made it difficult for the PCI to conclude what the contractual obligations and rights were in pursuant to the law or of the conditions laid down in the contract, especially as regards the obligation to pay taxes to the state of Timor-Leste.
But, the PCI was able to find general information regarding payments made by the government to the company People Food for the total of US$1,600,000 based on a price of US$400 per ton. This payment was made on 27/1/2008 and 27/5/2008 for a total amount of rice supplied of 4,000 tons.
However, the PCI was unable to obtain other information to reach any conclusions regarding how the government entered into these contracts with People Food, so the PCI was unable to rectify the information provided by the Treasury of the state.
Beyond this, the PCI was also only able to find information regarding the payment made by the government to the company Oriental Food for the total amount of US$1,116,000 to purchase 2,790 tons of rice at the price of US$4000 per ton. This payment was made on 1/2/2008, but the PCI was unable to find other information to further analyze this payment, so the PCI was unable to verify the information from the Treasury of the state.
The PCI found information regarding payment made by the government to the company Nabilan Food in the amount of US$1,131,000 to purchase 2,820 tons of rice, at the price of US$400 per ton. The payments were made on 25/1/2008 and 12/2/2008. However the PCI did not find other information to be able to verify the payment or the contract the government entered into with Nabilan Food, so the PCI was unable to verify the information from the Treasury of the state.
The PCI obtained information and some documents provided by the government regarding rice supplies purchased by the government through a contract entered into between the Ministry of Social Solidarity and the company Maubara Fitun LDA for a total amount of US$899,360 for 1,168 tons of rice at US$770 per ton. The PCI also received some documents from the government like Payment Request, Receiving and Inspection Reports and other information.
Beyond this the PCI also obtained some information from the government regarding a contract entered into between the government and the company Timor Food to purchase rice totaling 2,500 tons at a price of US$350 per ton, for a total sum of US$874,398.
On another matter the PCI was able to analyze public contract documentation that the government entered into with the company Tres Amigos, before the National Parliament approved the Rectified General budget of the State 2008.
From the contract documents obtained by the PCI it was able to conclude that prior to the National Parliament approved the Rectified Budget of the State for 2008, the government had already entered into a contract with the company Tres Amigos for a total of US$14,400,000, despite the National Parliament having only approved and amount of US$4,080,000 to buy 8,000 tons of rice at a price of US$510 per ton in the Rectified Budget of the State for 2008. However, the contract was later amended and increased to US$14,400,000 to acquire 16,000 tons of rice at a price of US$900 per ton.
The PCI also wrote in its report that the contract the government entered into on 22/10/2008 was not in compliance with the general rules and procedures stipulated in the Decree Law on the Legal Regime on Procurement No. 10/2005, and the Decree law 11/2005 Regarding Administrative Infractions of the Legal Regime on Procurement and the Legal regime on Public Contracts, as well as other laws binding the state of Timor-Leste, including National Parliament Law No. 7/2007 of 25 July 2007 on the Rights and Obligations of Officeholders of Constitutional Bodies.
Meanwhile regarding the contract the government entered into with the company United Food Lda, the PCI concluded that the contract with the wife of the Minister for Development as director and shareholder of 50% of the shareholding of the company United Food Lda breached article 3 of National Parliament Law No. 7/2007.
The PCI also concluded that the company United Food breached chapter IV, article 32 of the Decree Law on the Legal Regime on Public Contracts No.11/2005, regarding contractual warranties, and that it breached clause 21 of the Contract’s General Conditions of Contracts for Supply of Goods and Related Services regarding the payment of Taxes and Charges. It is stipulated in clause 21.1 that “The Supplier shall be entirely responsible for taxes and charges levied by the state and its duly constituted authorities.” To this date the company United Food Lda has not paid taxes to the state of Timor-Leste in breach of the above mentioned terms.
In addition, the contract for supply of rice entered into by the government with the companies Belun Feto, Atramor Success Supply, Star King Unipessoal Lda, and Maubara Fitun Unipessoal Lda, whereby each company was awarded a contract valued at US$3,842,5000 to buy 7,250 tons at a price of US$530 per ton, breached article 32 of the Decree Law on the Legal Regime for Public Contracts regarding Contractual Warranties, and clause 21 of the Contract’s General Conditions of Contracts for Supply of Goods and Related Services regarding the payment of Taxes and Charges, especially clause 21.1 that states “The Supplier shall be entirely responsible for taxes and charges levied by the state and its duly constituted authorities.”
Regarding the contract the government signed with the company Serba Jaya Makmur, which was signed by the Prime Minister Kay Rala Xanana Gusmao with the director of PT Serba Jaya Makmur, Mr. Sudarmado on 27/10/2008 for a total contract price of US$1,615,000 for 1,900 tons of rice at US$850 per ton, the PCI concluded that it did not comply with the government Decree Law on Procurement number 20/2005 because at the time it entered into the contract with PT Serba Jaya Makmur for the supply of rice at a price of US$850 per ton, it had entered into contracts with 6 other companies for the supply of rice at US$530 per ton.
The PCI concluded that there was a loss of US$608,000 to the state of Timor-Leste as a result of the contract the government entered with PT Serba Jaya Makmur in the amount of US$1,615,000 to purchase 1,900 tons at a price of US$850 per ton.
The PCI acknowledged that the government was acting to secure rice supplies for the state of Timor-Leste at a time when the people of Timor-Leste we in need of it.
Due the above the PCI recommended that:
1. An investigation and audit be held into the entering of the contracts by the government for the period of the 2007 Transitional General Budget of the State with the companies Star King Lda, People Food, Oriental Food and Nabilan Food.
2. That an investigation and audit be carried out to ascertain whether anyone should be held accountable for the additional payment on the contract entered into through the Ministry of Social Solidarity State General Budget with the company Maubara Fitun Lda for the total amount of US$899,360 to buy 1,168 tons of rice at a price of US$770 per ton.
3. The PCI recommended an audit of the payment made on the contract the government entered into with the company Timor Food from the Ministry of Solidarity’s General Budget of the State to buy a total of 2,500 tons of rice at a price of US$350 per ton in the total amount of US$874,398, but then which by an invoice from Timor Food dated 28/4/2008, requested to the government that it pay US$874,398.36 for only 2,082 tons of rice based on a price per ton of rice of US$419.98.
4. The PCI recommended that an audit be carried out to ascertain the principal reason for the difference in the price of US$350 per ton of rice in the contract the government entered into with the company Oriental Food for a total of US$899,360, with the prices of US$770 per ton in the contract with the company Timor Food.
5. In respect of the contract the government entered into with the company Tres Amigos prior to the approval by the National Parliament of the 2008 General Budget of the State, the PCI recommends that the State Justice institutions investigate the legality and responsibility by the government in allowing an amendment to the contract with Tres Amigos in May 2008 increasing the contract amount from an initial amount of US$4,080,000 to US$14,400,000, which amount was never provided for in the 2008 General Budget of the State.
6. The PCI recommended that State Justice institutions investigate the contract entered into between the government and the company Timor Food to determine the legality and whether anyone should be held accountable for the agreement which was signed by James Jong Fu Kong and Epifanio da Silva da Costa Faculto, Director of the National Directorate of Tourism, Commerce and Industry on 14/5/2008 committing the State to a debt of State funds in the amount of US$5,100,000 for rice at US$1,000 per ton.
7. The PCI requested that the State Justice institutions undertake an investigation to ascertain the legality and whether anyone should be held legally responsible for the tax exemption granted to the export company Kien Giang by the government on 18/8/2008 before the contract was signed with the company Serba Jaya Makmur on 29/8/2008.
8. With respect to the contract the government entered into with the company United Food, the PCI determined there was a conflict of interest involving Ms. Fon Ha Tchong, Director of United Food and wife of the Minister for Development Mr. Joao Goncalves. The PCIU recommended that the State Justice institutions to undertake an investigation to determine whether anyone should be held legally responsible for the non compliance with article 3, sub articles 1 and 2 of the National Parliament’s Law Number 7/2007 regarding the Rights and Obligations of Officeholders of State Constitutional Bodies.
9. The PCI recommended that the State Justice Institutions investigate the companies Juxibel Lda, Veterans General Store, Ran Aitana II, Lunarsol Unip Lda, Taci Tolu Holding and Monte Veado to determine whether there any taxes are owing by these companies to the State of Timor-Leste.
10. The PCI recommended that the State Justice Institutions investigate the company Prima Food to establish whether there was a breach of the National Parliament’s Law Number 7/2007 on the Rights and Obligations of Officeholders of Constitutional Bodies given that Ms. Herguilina F. Alves, the daughter of Ms. Maria Domingas Fernandes Alves, the Minister for Social Solidarity held 11.18% of the shareholding in the company.
11. The final recommendation from the PCI to the State Justice institutions was for it to investigate the company Hercio International Lda to ascertain with certainty whether the sale by this company on 20/6/2009 to the company Olifante of 777 tons of rice for US$2,999,146, was rice that had already been acquired by Hercio International for the state of Timor-Leste.
12. Paragraph 10 of the PCI report states that the PCI recommended a thorough investigation as well as an audit be undertaken to establish the exact amount of rice that was sold by the government or how much was lost so that in 2009 it made an estimate of US$21,500,000 as receipts from the sale of rice. (Ends)
Friday, 4 September 2009
Internet Exclusive Media war over Timor-Leste’s ‘Ricegate’
Opinion from Arsenio Bano MP, FRETILIN, +670 741 9505
Media Watch has been an outstanding source of advocating for the upholding of higher ethical and accountable media standards. I watch it whenever I visit Australia and it is aired.
I have had the benefit of reading the full transcript of the segment on "Ricegate".
I would like to raise some matters here that lead to some further inquiry, and which I venture to say might have lead to inquiry as the program was being researched in the lead up to its airing.
It is clear that MW has relied heavily on matters published in Tempo Semanal in early August 2009. Tempo Semanal is a weekly publication that is highly regarded my parliamentary colleagues and I, who are just some of its wide readership in Timor-Leste. It has been courageous and a leader in airing allegations of official corruption, nepotism and misconduct. It is generally loathed as has been consistently attacked by the government side in the National Parliament.
However, on the issue of the publication of the purported "commercial registration documents" for Prima Foods, it reported very cursorily on the documents in question. There was no real legal and or other critical analysis of the documents even on their own face. This made MW's reliance on the documents and the Tempo report as the basis for its criticism of Holland very untenable and unfair.
From my reading of the full text of the article in question, I only saw one mention of a 'resignation' as a shareholder and or director by Prime Minister Xanana Gusmao's daughter Zenilda. That was not by Tempo Semanal, but by Mr. Epifanio Faculto, from the government registry. Tempo Semanal even in its title asked the question 'Did Zenilda pull out?' Though the term 'resignation' was used by the business group that held a press conference in Dili in support of the Prime Minister on 1 July 2009.
Lets look at what the businessmen supporting Gusmao had to say, and how it was reported:
Julio Alvaro (translation): after she got information from the government which said that according to the procedures the daughter of the Prime Minister should not get any contracts, she submitted a letter of resignation to her colleagues in the same company.
Alison Caldwell: when asked for evidence to support the claims, the businessmen abruptly terminated the press conference.
— ABC, Australia Network News, 1st July, 2009
Note Mr. Alfaro said "submitted her letter of resignation to her colleagues in the company." The company never officially communicated a "resignation" and no "resignation" letter has ever been made public, an easy step to help convince us all of the purported resignation.
However, we note that the reporting by ABC was not just about Zenilda Gusmao, but also Kathleen Goncalves, wife of the Minister for Economy and Development Joao Goncalves and Carminda Carlota, the daughter in law of the Prime Minister. This seems to have all been by-passed by the attention given to the other issue. Those are serious legal questions also affecting the Prime Minister and other members of his government.
The documents published in Tempo Semanal as purported evidence of Zenilda Gusmao having resigned was the letter from the company's shareholders to the Minister on 12 September 2008.
The MW segment quoted shareholder Ms Rangel as having said she received the resignation letter herself. But this was not what she and 6 out of 8 of the shareholders formally stated in a signed letter to the Minister for Commerce, Industry and Tourism as being the reason for Zenilda Gusmao having allegedly severed her links with the company Prima Foods.
The letter adds that Ms Gusmao could no longer participate as a member of the company "because during this time she has not been active in the meetings or active in the activities of the company Prima Foods and we as company members of Prima Foods will buy Ms Zenilda E B Gusmao's shares…."
The published document communicates an "expulsion" from the company, not a "resignation", as claimed by Mr Julio Alvaro and Ms Rangel, or as relied upon by MW.
The authenticity of the documents is also in question.
Mr Fernando Hi has only been the director of Domestic Trade of the Ministry of Tourism, Commerce and Industry since January this year. The Director prior to January 2009 was Mr Epifanio Faculto, whose signature appears on the top right hand corner of the 11 September 2008 registration form.
As MW found, Mr Faculto is hard to contact. Perhaps this elusiveness is related to serious investigations in progress regarding Mr Faculto's alleged mismanagement and fraud involving the theft of large amounts of subsidized rice from the government warehouses.
Mr Hi can attest to the documents being there on the files now, but he cannot say that they are authentic to the extent of their timely lodgment or otherwise.
However, no "amended Certificate" for Prima Foods was issued for the remainder of 2008, as is usually the case, omitting Ms Gusmao's name, according to our investigations. It is hard to generate a company registration certificate because there is a wider group of people involved within the civil service and there is an electronic trail that is left behind.
When the Prime Minister returned from urgent medical treatment in Singapore for a back condition that flared up after these allegations surfaced, the Prime Minister held a media conference during which he had the opportunity to put the record straight. However, he not once mentioned a resignation by his daughter. He did challenge his critics, including the Opposition. Tempo Semanal reported part of his media conference as follow:
"They (The Business people) requested my daughter to put US$ 10,000.00 in the bank. In her company each shareholder had to invest US$10,000.00. Each had to submit US$10,000.00. I just want to ask them to understand a little bit more, that if my daughter used her social status, in brackets, then came to lobby me on behalf of other companies to supply (rice), and then she got some percentage in return, this means I have done wrong. This is a different case and for such conduct I will raise my hands (gesturing surrender)"................... said Xanana in a press conference at Dili Airport. He continued explaining the process of the rice contract. "The Government wanted all business people to participate and I told them I don't want to use a single person shareholder Company. If all of you (Business people) agree, that will mean for each company there will have to be a minimum joint venture of five people. All you business people gather yourselves, then we will decide. Now we have the economic stabilization fund for those who can import first (rice) with how many (tons) and take how many months, who will be bringing what rice and (Rice Quantity) in how many months? And who else can import these amount (rice) and until such months? There were 17 companies involved, not only the one belonging to my daughter. From the 17 companies, each company involved many, many people," explained Xanana.
Even the Prime Minister in mid-July did not refer to a resignation. In fact, he confirms that "there were 17 companies involved, not only the one belonging to my daughter," and seeks to justify that her shareholding alone did not amount to any wrongdoing.
The alleged resignation letter from Zenilda Gusmao has never been presented to anyone, not even the relevant ministry when a request to amend records was sent.
Then there is also the applicability of the company law. According to the Timor-Leste Company Law a resignation by a member of a company only becomes effective after the expiration of three months after the date on which it occurs and the companies official registry is notified. This would place the date of effective resignation as about the 11th of December 2008, a date after the contracts were signed and became legally binding.
Article 173 of the Law 4/2004 on Companies stipulates that resignations only become effective after the expiration of a period of 3 months:
3. Resignation only becomes effective at the end of the annual accounting period in which the respective communication is made, but never sooner than 90 days from the end of such accounting period.
This provision was designed to enable creditors of companies and remaining members to have a time period in which to make claims regarding their rights against the resigning member. Simply put, it is a provision to ensure the gate remains closed so the horse does not bolt until all of the resigning members affairs vis-a-vis the company and its creditors are in order.
The letter published in Tempo Semenal purporting to request the Minister to amend the records did not have legal effect. The issue of "removal" of a shareholder, as the letter stated pursuant to article 18 of the company's statutes, is very serious. It involves the extinguishment of legal proprietary rights. In the case of shareholdings it also involves the transfer and payment of money.
Given that not all the members/shareholders of the company signed the letter from Angelica Rangel purporting to "remove" Ms Zenilda Gusmao as a member of the company the only thing that can be said is that it did not legally demonstrate or communicate that it was an act agreed to by all shareholders. That is obvious from merely looking at the document, and seeing that neither Nelcy Funai nor Maria de Fatima signed the letter as is self evident looking at the signature page of the letter dated 12 September 2008.
One has to question why these two members' signatures are omitted to begin with? But the legal implications are clear and the Minister who instructed the registry to amend the records may have breached the law and induced others to breach the law.
There is also the question of whether Ms Rangel knowingly supplied false information to amend the records regarding the company. Her claim of a "resignation" contradicts what she and the other members wrote in the letter to the Minister date 12 September.
There is a final peculiar point about the letter and the documents produced in an attempt to convince us all of a purported "resignation". The Minister is said to have received a letter requesting the amendment on 12 September 2008 and dispatched instructions to his Director of Domestic Trade the same day to: "Adjust this business documents pursuant to the change in new members, as requested in this declaration!" This handwritten note is dated 12/09/2008. Yet the signature notation by the Director of Domestic Trade, Epifanio Faculto endorsing receipt (and according to our information from staff at the registry - endorsing approval for action on registration of the particulars noted on the form) was the preceding day, 11 September 2008.
Finally, there is the case of how the alleged violation of the procurement law and the law on constitutional officeholders prohibiting certain companies in which the relatives of those officeholders hold shares in the prescribed manner. The relevant period is the time when it was decided to award the contract to the company and not the time the relevant contract was signed by both parties and became legally binding. The adjudication of the contracts on the statements of all concerned occurred sometime after June but before even 11 September 2008.
Neither the Tempo Semanal article, nor MW who relied on it, made any such critical analysis.
Since early 2008 when the rice scandal began FRETILIN as well as other opposition parties in the parliament have formally requested documents regarding the procurement and the contracting for the supply of rice from the government. These are documents that the parliament and its members are usually entitled to have access to as it is the parliament's constitutional role to oversee the execution of the government budget. It is also the law.
However, the government has simply ignored repeated attempts, just as they have done with regard to the secret oil and gas deals over the Greater Sunrise field development, the Patrol Boats acquired without tenders from the Chinese, the second hand heavy fuel oil power stations, and other such things.
It is high time that this scandal that the government itself has called "Ricegate" be fully investigated. The President of the Republic himself requested in a letter dated 2 June 2009 that the Provedor (Ombudsman) for Human Rights and Justice investigate the manner in which rice contracts were awarded.
The President's letter said that the President had received many expressions of concern of "maladministration and peddling of influence" regarding the rice contracts, and that "the contracts for the supply of rice were given by a closed process that did not involve bidding, and that involved collusion and cases of corruption." He requested the Provedor to investigate it urgently.
Currently, FRETILIN and MPs from KOTA, PPT, PUN, ASDT have submitted a resolution to establish a parliamentary inquiry into the whole rice supply issue. The commission of inquiry is to be composed of MPs from all parties based on their proportional representation in the parliament, which will have the legal power to summons witnesses and documents.
It is best that this whole Ricegate fiasco be dealt with within that context.
ABC News has been accused of trying to 'get' Mr Gusmao by ignoring some points of inquiry, but MW missed a few, which is understandable because they were doing it without someone on the ground.
MW reported:
And one of the two women who are listed as having bought Zenilda Gusmao's shares in Prima Food, Angelica Rangel, told Media Watch today:
"At the time we signed the contract with the government, Zenilda had already resigned so she did not see any of the money from the contract. The documents... are authentic. I was the one who received the letter of resignation on September 11th."
— Statement from Maria Angelica Rangel da Cruz (Prima Food Ltd shareholder) to Media Watch, 15th August, 2009
Now let's see. She received the resignation on 11 September. The following day most of the other members of the company signed the document, and notified the Minister. The Minister dispatched the instructions all on the same day, except that Mr Faculto appears to have preempted his Minister and the formal request letter by doing everything on the 11th of September. Ms Rangel is a full time employee of the Portuguese bank BNU-CGD. That must have taken some effort. Those who do business in Timor-Leste know very well island time would make that swift execution quite incredible, especially having a Minister, this Minister as a matter of fact, turn documents around so quickly.
Since the AMP government took office, Ms Rangel has obtained a number of government contracts. Her company is currently contracted to construct the wall and other installations in Dili's new cemetery at Becussi. She would definitely not want to put any future tender prospects at risk.
It appears that Media Watch did not ask where the resignation letter she received was. Given that this letter has never been made public and that "resignation" was not the reason officially communicated to the Ministry, it appears that MW was relying on information provided by others who misled them. That is a fair conclusion to draw from this.
Unlike "Utegate", this "Ricegate" has a long way to go yet. Indeed, FRETILIN as an Opposition simply wants to hold the de facto Gusmao government accountable for the millions spent on rice imports. Our concern is the same as the President's and others'. We praise all efforts by media outlets to move us in this direction and condemn any media blackouts or shut downs. That could only perpetuate the lack of probity and transparency that is felt by many in our country, not just by FRETILIN.
Tuesday, 21 July 2009
Husi Tempo Semanal Edisaun 148, Kontraktu Fo'os No Alegesaun Korrupsaun/ Prime Foods, Olifante, PM
Rejistu Kompania Prima Food PM Nia Oan 11.10% No PM Asina Kontratu Ho Kompania Olifante
Xanana: Se Liu 10% Ha'u Sala, Ha'u sala
Dili,Tempo Semanal
Bankada Fretilin alega katak PM Xanana komete ona KKN iha kazu fo kontratu foos ba ninia oan feto ho kompania ninia feto foun ninian. Hodi husu PM Xanana atu resigna an husi ninia kargu maibe Bankada CNRT hatan katak Zenilda Gusmao sai ona husi kompania Prima Food antes kontratu Foos ne'e asina maske sira la aprezenta ho dokumentus dada an husi kompania ninian.
Fretilin kaer hela dokumentus rejistu empresa Prima Food ninian iha Ministeiru Turizmu ho Industria ninian hodi kanta dolin iha uma fukun Timor ninian.
Hatan ba kestaun ne'e PM Xanana iha Aeroportu internasional Nicolao Lobato hafoin fila hikas husi Singapora iha loron 14/07 dehan, "Hau kontente, hau kontente tan ba ita ate no fin iha parlamentu ke matan moos. Ha'u kontente teb-tebes. Ida ne'e ajuda tebe-tebes ita atu hadi'a ita nia administrasaun. Ha'u kontente mos tan parese ke sira pasa tiha ona lei anti korrupsaun."
"Uluk sira la aceita maibe agora sira pasa tiha ona ne'e kapas tebe-tebes. Atu ita dehan karik ita bele dehan susilo manan ne'ene tan povu, rakyat kecil, povu ki'ik ne'e fiar katak iha anti korrupsaun iha medidas ke kapas tebe-tebes. Ita mos kopia uitoan komisaun anti korrupsaun Indonezia."
"Kona ba ha'u nia oan feto ha'u bele dehan de'it katak bainhira iha problema foos folin sa'e ne'ebe halo ami kreia funduz estabilizasaun ekonomika hodi reduz povu nia susar. Opozisaun ida ne'e tau ba tribunal rekursu lori buat ida katak lei valor reforsado ne'ebe ita la iha ho juiz Ivo lori buat balun husi Portugal ne'eba, tau iha ne'eba ne'ebe ita la iha hodi halakon tiha."Depois iha tiha fundu ha'u bolu emprezariu sira. Depois iha ona fundu Primeiru Ministru bolu fali emprezariu sira hodi informa ba sira katak iha ona fundu. Ha'u dehan ba sira imi hotu participa. Ha'u lakohi kompania Unipessoal se imi hakarak, kompania ida pelumenus cinko pesoas. Imi halibur an depois maka ita dehan agora iha ona fundu estabilizasaun ekonomika se maka hatama uluk, hatama nune'e, to'o fulan hira? Se maka hatama nune'e to'o fulan hira? Se maka hatama nune'e to'o fulan hira?
"Iha 17 kompania, la'os ha'u nia oan feto de'it. 17 kompania, kada kompania ho barak."
"Sira ta'u dehan ha'u nia oan tau US$10,000.00 iha Banku. Iha nia kompania ne'e sira dehan kada ida tenke tau US$10.000.00. Kada ida tenke tau US$10,000.00."
"Ha'u hakarak husu de'it atu sira loke matan uitoan katak, se ha'u nia oan lori nia estatutu social entre aspas ne'e mak mai loby ba ha'u kompania seluk maka hatama i depois nia hetan persen ha'u kulpa," PM Xanana hatudu lia fuan ba ninia hirus matan.
"Ne'e oin seluk ne'e ha'u foti ha'u nia liman," PM ko'alia ho oin hamnasa sinis hodi foti liman los ba leten sinais rende.
"Mas nia tama iha kompania ida sira dehan sira dehan ta'u US$10,000.00, nia ta'u US$10,000.00," PM Gusmao ko'alia ho liman karuk tuku ba meja.
Primeiru Ministru la preokupa ho alegasoens hirak ne'e, nune'e duni nia lakohi atu hasoru malu ho ABC ne'ebe mai to'o iha Dili maibe wainhira nia hatan ba kestaun refere hafoin to'o hikas husi Singapora. "Ha'u la preokupa, ne'ebe ha'u la preokupa. Komisaun anti korrupsaun iha tiha agora ha'u bele dehan ita bele ke'e ba kotuk ita haree to'ok.
Tuir lei numeru 07/2007 artigu 3 hateten katak membru orgaun soberanu ida ho ninia membru familias relasaun ran to'o segundu graun bandu atu hetan kontratu projetu estadu ninian kuandu sira nia saham liu 10%.
"Ne'ebe ha'u lakohi ko'alia barak komisaun anti korrupsaun bele ke'e, ke'e hotu ba kotuk ita haree took. Iha lei dehan katak konje feen ka la'en, oan ho tan sa ida 10% labele liu 10% .
Prova se liu ona 10% se ha'u sala....ha'u sala."Tuir dokumentus rejistu kompania Prima Food ne'ebe jornal ABC fo sai hatudu katak Primeiru Ministru ninia oan feto iha saham 11.10%. situasaun ida ne'e seidauk klaru maibe antes ne'e emprezariu nasional sira hateten PM ninia oan feto sai ona husi kompania Prima Food.
PM mos konta hikas fali problema krizi foos ne'ebe mosu no prosesu fo kontratu ba kompania sira. "Ministru Negosiu Estranjeiru Vietnam Hekerek mai ha'u tan ba ha'u haruka ministru ba to'o iha ne'eba. Ministru Gil ba to'o Thailandia, ba to'o Indonezia tan ba ho problema ida foos folin sa'e.""Hotu-hotu hakarak atu taka fa'an tan ba preokupa uluk ho sira nia populasaun.
Haruka duni Ministru Gil ba buka i ministru Negosiu Estranjeiru Vietnam hakerek mai ha'u dehan nune'e, "tan ba ema barak hakarak dalan, emprezarius barak hakarak dalan atu sosa foos husi vietnam. Balun ami hatene oin foun osan la iha. Para atu garante ami kompriende imi nia problema. Atu garante katak buat ne'e la'o di'ak tenke ser ho governu ho governu."
"Nia husu ba ha'u atu hatudu kompania ida ne'ebe governu fiar nune'e hodi kompania ida ne'e maka bele hatam ho konfiansa foos mai Timor. "
"Momentu ida akuza ha'u dehan ha'u fo miloens de dollar ba Germano ida ne'e iha tempu ida ne'ebe foun-foun kada toneladas iha US$ 480.00, Depois komesa sa'e, sa'e to'o ona US$600.00, hotu-hotu akompanya no ami akompanya buat ne'e sei sa'e ida ke bahasa dehan meroket. Nune'e duni kuantidade foos ne'ebe atu sosa ho folin US$ 7,000,000.00 sa'e ba US$15,000,000.00."
Primeiru Ministru bolu importador foos ne'ebe kuinesidu ona dala rua ba hasoru malu iha ministeiru Financas hodi husu se maka barani haruka foos mai maka Governu selu maibe la iha ida maka barani so uniku Germanu maka foti liman. "Hotu-hotu hakilar ha'u mak ne'e nafatin pelumenus foos mai iha ita nia rain la falya. Uluk failya beibeik, ita la failya. Momentu ida ne'e ami faan US$16.00 subsidia to'o de'it US$16.00. "Hamutuk kompania lubun ruma maka asina kontratu iha loron 11/11/08 ne'ebe inklui mos kompania ne'ebe iha relasaun ho familia PM Xanana hanesan PM ninia oan feto nia kompania Prima Food no Feto Foun na kompania Olifante inklui mos ministru Dezenvolvimentu Ekonomia Sr. Joao Gonsalves ninia kaben nia kompania.(ts)
Monday, 6 July 2009
Se Mak Kaer Prima Food Lda? Who Owns Prima Foods?
This is the business registration for Prima Food Lda in which Zenilda Gusmao, the daughter of Prime Minister Jose Alexandre Kay Rala Xanana Gusmao, is a 11.10% shareholder dated July 2008. Is it against the law for this company to receive Government contracts?
Tempo Semanal Edisaun 146
Alegasuan PM foo kontratu Foos ba Ninia Familia
Televizaun ABC kili Xanana Emprezáriu TL Buka Oin ba PM
Dili, Tempo Semanal

Hataan ba kestaun ne'e emprezáriu Timor oan sira fahe malu. Balun tenta hatudu katak sira defende kredibilidade lider boot rezisténsia nian ne'ebé dala barak sai hanesan darling ba média iha Austrália Iha tersa feira semana kotuk lider organizasaun emprezariál Timor Leste hanesan Sr. Óscar Lima, Sr. Júlio Álvaro, Sr. Ricardo Nheu ho Sr. Herciu Campos halo konferénsia de imprensa ida iha Dili hodi kondena reportajen ABC ninian ne'ebé tuir sira nia haree diskreta lider istóriku Kay Rala Xanana Gusmão ninia naran di'ak no alega katak televizaun ABC tenta hamonu Governu AMP ne'ebé lideradu husi PM Xanana.
Nia hatutan katak, "ko'alia kona ba lider maka ita hotu-hotu nia preokupasaun maka halo nusa maka ita bele defende ita nia lider sira. purke berita sira hanesan ne'ene kuandu mosu mai ne'e normál ba polítiku sira maibé hanesan Timor oan oan ha'u sente katak ha'u tenke hateten lia fuan ruma katak ita hotu-hotu tenke iha solidariedade ho ita nia lider sira. I Se de'it maka atu hatún ita nia lider sira, halo nusa maka ita atu hodi ko'alia netik lia fuan ruma."
"Ami kondena ema sira ne'ebé maka desa mina ona no sei kontinua halo desa mina natafin informasaun sala ba média" "Ami rejeita média internasionál sira nia reportajen sala no foo informasaun ne'e laloos."
Tuir mai Herciu Campos nu'udar uluk boot ida ba CCI (Camara Comersiu
Herciu hatutan, "Ami la presiza ema seluk husi li'ur para mai hatudu liman tun sa'e i ami maka sei rezolve rasik ami nia uma laran i povu timor loro sa'e tomak sei fiar metin nafatin katak ami nia lider boot kay rala Xanana Gusmão, Ramos Horta, Carrascalão i seluk tan sei bele hapara korrupsaun ou nepotizmu iha tempu badak iha rai doben ida ne'e.
Tuir dokumentu s ne'ebé jornál ne'e konsege hetan prova duni katak iha tinan 2008 nia klaran MTCI hasai licenca ba kompañia PRIMA FOOD LDA ho no: 00855/MTCI/VI/2008 hodi halo esportasaun no importasaun ba produtu alimentasoens. Kompañia Prima Food LDA ninia Rua Av. Bispu de Medeiros Acait, Dili ne'e na'in husi ema na'in sira inklui PM ninia oan feto Zenilda E. B. Gusmão ho asaun 11.10%.
2. The same regime applies to:
a) Companies whose capital, in the same percentage, belongs to the spouse of the holder, when there is no separation of persons and assets, to their ascendants and descendants in any degree and to collaterals up to the 2nd degree, as well as the person who lives with the holder in a situation akin to marriage; b) Companies in which capital the holder of the office detains, directly or indirectly, alone or together with the relatives mentioned in the previous sub-paragraph, a participation not below 10%."
Iha parte seluk Alexo cobra ho Rui Castro condena lala'ok ninia kolega sira seluk ne'ebé ko'alia hodi defende dignidade PM Xanana Gusmão sira bolu atensaun ba Governu atu kuidadu ho emprezáriu sira ne'e. "Ha'u hanoin naran hira ne'ebé maka sempre lori figura lideransa ninia naran tun sa'e mak Sr Óscar ho Júliu, sira sempre lori ema ne'ebé mak sa'e ona ba primeiru ministru ou presidente atu halo 'pendekatan' ema sira ne'e bele hamonu ema seluk nia figura, entaun agora daudaun 'isu-isu' ne'ebé too iha internasionál katak, Zenilda mós tama iha prosesu maman foos ne'e, tanba de'it Sr Óscar , Júlio Álvaro, Ricardo ho Herciu nia hahalok," Aleixo Kobra dale.
Rui Castro ne'ebé mós hanesan emprezáriu ida hateten katak, "kuandu sira hasoru ho primeiru ministru,hatete katak projetu foos ne'e ba feto sira mane nia konstrusaun ba matéria ba konstrusaun sivíl nian osan ne'e mai husi ne'ebá mai husi fundu destruisaun ekonomia nian tanba mane mak iha responsavel atu hetan projetu ida be materiál konstrusaun sivíl ne'e hari kontruksi ida."
Posibilidade s barak iha grupu ki'ik oan ida ne'ebé uluk iha mari nia tempu sira mak estraga mari nia naran agora sira halo mengupayakan atu estraga mós Xanana nia naran mós ba emprezáriu hotu hotu la bele rede analiza emprezáriu timor oan tan ba iha emprezáriu grupu oan ida mak iha mari nia tempu sira mak halo projetu oan ida la hun la dikin hotu ona manan tia osan kaer hotu 'bangkrut' halai dai husi fretilín mai bomba fali mari tia oan agora sira mai fali Xanana ne'e para osan lakon hotu nita sira haboon fali Xanana para Xanana nia naran mak aat fali ona.
Emprezáriu Lokál Alega Governu Joga Ho Kompañia Indonézia nian
Dili, Tempo Semanal

"Emprezáriu Nasionál mós iha direitu atu ko'alia no hato'o sira nia ezijénsia kona ba kritériu no la halo diskriminasaun, maibé tanba saida Ministru Agrikultór 'tersingun' hodi husu fali deskulpa ba emprezáriu indonézia nian, ne'e duni kestaun ne'e ita presiza investiga tanba Timor nia harga diri la hanesan ho ema indonézia nian tanba prosesu ukun an ne'e liu husi ema barak nia ruin ho raan tan ne'e husu ba Ministru Agrikultór katak hahalok ne'e hanesan hahalok primeira vés no ultima vés no labele husu tan deskulpa ba pedagan kaki lima sira ne'ebé mai buka serbisu iha ne'e, maibé ministru tenke 'komitmen' no labele iha mentalidade hodi hanoin katak timor ne'e hanesan provinsiál. Maiski sira loke prosesu ne'e hanesan tender internasionál, maibé iha kritériu nia laran hatudu momoos katak projetu ne'e sei halai liu ba iha kompañia Indonézia nian, ne'e duni kuandu ita ko'alia kona ba tender internasionál entaun lalika fó espek khusus ba merek ne'ebé atu hatama, tanba oinsá ita bele dehan atu loke tender internasionál maibé see bainhira ninia prodak rasik hakarak husi indonézia entaun di'ak liu lalika loke tender internasionál maibé bele hateten de'it katak tender ne'e ba prodak indonézia.
Responde kona ba ezijénsia husi emprezáriu timor oan ne'ebé dehan katak projetu ne'e atu fó ba ema estranjeiru, Francisco hateten ita tenke haluha tiha liafuan ne'ebé dehan katak fó de'it tanba buat hotu tuir prosesu depois mak sei deside iha ne'ebá. "Bainhira desizaun dehan katak la presiza halo manu faktu autorizasaun no dehan katak kontraktor timor oan mak tenke hetan ida ne'e kestaun polítiku ne'e duni konsellu ministru no Parlamentu mak bele muda polítiku ida ne'e, maibé kuandu sira iha ne'ebá ne'e ezije kualidade konserteza buat hotu tenke la'o tuir regra no kritériu ne'ebé iha."esklarese Francisco
Rezultadu avaliasaun rasik seidauk fó sai maibé oinsá mak sira bele hatene katak ema Indonézia mak atu manan tan ne'e hein de'it desizaun sai foin ita bele hatene katak see mak manan. Responde kona ba pergunta ne'ebé dehan katak sekarik rezultadu ne'e fó duni ba emprezáriu indonézia mak manan entaun emprezáriu timor oan sira sei halo boikota, maibé Francisco esplika katak kestaun ne'e buat seluk fali tanba ida ne'e sira nia direitu mais se karik timor oan mak manan no sira reklama entaun ita atu halo oinsá ne'e duni ita tenke respeita ema ne'ebé mak manan no ba sira ne'ebé la manan buka atu hadi'a aan.
Tuir informasaun ne'ebé jornál ne'e hetan katak kompañia ne'ebé hola parte iha projetu refere kuaze iha kompañia 10 resin mak kompete,(ico/tov)



