Public Procurement and Disposal of Assets Authority (PPDA) says it did not approve the controversial K128 billion fertiliser deal with a Romanian firm due to lack of a supporting legal framework.

In a written response to a questionnaire yesterday, PPDA public relations manager Kate Kujaliwa said the authority was initially engaged on the transaction.

She said: “We wish to confirm that PPDA was indeed involved in this process and how. The Ministry of Agriculture submitted a request for guidance if the transaction it wanted to undertake with East Bridge of Romania falls under public procurement legal framework.

“The authority responded to the Ministry that this is not provided in the public procurement legal framework. It further provided guidance that it should proceed to seek guidance from the Attorney General and Ministry of Finance.”

But Ministry of Agriculture, the main party in the deal, told our sister newspaper Nation on Sunday of June 11 2023 that it engaged all related government contracts clearing institutions.

Minister of Agriculture Sam Kawale said: “We have followed all procurement provisions, and no law was broken.”

Kujaliwa: The authority responded and provided guidance

He listed PPDA, the Anti-Corruption Bureau (ACB), the Financial Intelligence Authority (FIA) and the Attorney General (AG) as among those engaged.

Meanwhile, Attorney General Thabo Chakaka-Nyirenda has said he was consulted four times by the ministry and he shared his opinion on the deal.

He, however, could not be drawn to divulge details of what he advised the ministry and whether approaching him four times meant he had reservations.

In a written response to our questionnaire, FIA senior public relations officer Grace Thipa confirmed that they were involved in the assessment of the deal.

She said: “I can confirm that the FIA submitted a Due Diligence Report to the Ministry of Agriculture… Our report does not recommend or block MDAs from entering into agreements with third parties.”

The deal, in which East Bridge Estate will supply 600 metric tonnes (MT) of fertiliser in exchange for agricultural commodities, has raised eyebrows.

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