By: Fatou Krubally
The Local Government Commission of Inquiry on Monday heard that the Gambia Public Procurement Authority (GPPA) approved the Brikama Area Council’s (BAC) purchase of eight waste collection trucks from a single supplier without tendering the deal.
Former GPPA training officer Jainaba Jallow told the Commission she signed a September 10, 2020, letter authorising BAC to proceed with the procurement after the council submitted missing documents. She said her signature was procedural and did not mean she selected the supplier, but acknowledged being aware that the deal had not gone through competitive bidding.
The procurement covered five garbage compactor trucks and three skip loader trucks from 5C Energy under a hire-purchase arrangement.
Lead Counsel Patrick Gomez referred to a GPPA letter dated August 12, 2020, rejecting BAC’s initial request due to missing documents and advising that the proposal be subjected to competition to ensure value for money. However, a follow-up letter dated August 17, signed on behalf of the director general, allowed BAC to proceed with 5C Energy, even though some documents were still outstanding.
Former GPPA director general Saloum Malang testified that the approval was granted under the single-source provision in Section 44 of the 2018 Public Procurement Act. He said BAC claimed 5C Energy was the only supplier willing to provide the trucks on hire-purchase terms, as the council did not have the funds for an outright purchase. He added that BAC justified the procurement on public health grounds, citing the accumulation of waste during the COVID-19 period.
Gomez challenged this justification, noting that waste management problems in August were foreseeable and therefore did not meet the legal threshold for an unforeseen emergency. He also pointed to evidence that Kanifing Municipal Council had previously acquired similar trucks from another supplier, contradicting BAC’s claim that 5C Energy was the sole capable provider.
Pressed on whether GPPA had verified BAC’s claim, Malang admitted he relied on the council’s submissions and the minutes of its contracts committee without demanding independent market evidence.
The Commission is examining whether GPPA’s decision breached procurement rules by bypassing competition and whether BAC’s justification for sole sourcing met legal requirements.
Hearings on the matter are expected to continue, with further testimony from procurement and BAC officials anticipated.
