GASABO - Former State Minister for Primary and Secondary Education Théoneste Mutsindashyaka has been interrogated as a suspect in a tender scam that has rocked Eastern Province.

This happened yesterday at Gasabo Court of Lower Instance during the corruption case involving former provincial official, Charles Gasana and Vincent Gatwabuyenge who served as the Permanent Secretary in the Ministry of Infrastructure, Mutsindashyaka’s name featured prominently.

According to a charge sheet submitted in court on Wednesday by the prosecution, the former minister who is also the former Governor of the province is suspected of having informed a construction firm that it had won a tender a month before Rwanda Public Procurement Authority (RPPA) pronounced the winner.

The firm, Enterprise Mugarura Alexis (EMA) had submitted its tender to build the provincial head-quarters in Rwamagana in 2007.
     
Gatwabuyege and Gasana are charged with awarding EMA, the tender without following standing normal procedures.

The duo is suspected to have connived to release extra money in addition to the Rwf1.7bn the government had originally approved for the construction Mutsindashyaka allegedly informed EMA Company on March 10, 2007 by-passing the procurement authority.

The RPPA declared EMA winner on April 5, 2007.

There was a drama when the court president, Claudine Nyiramikenke questioned the prosecutor why Mutsindashyaka was not in court despite his being party to the case.

"You say you interrogated Mutsindashyaka as a suspect but he is not in court today. What happened?” the visibly angry judge questioned, amidst foot-stamping from the suspects.

Basing on documents tendered in by prosecution, the judge said Mutsindashyaka was interrogated as a suspect and it was not indicated anywhere whether he was found innocent.

In response, the prosecutor, Boniface Budengeri was non-committal on whether Mutsindashyaka is still being investigated or was let off the hook.

"He was among the people we interrogated as a suspect. But I think the court should deal only with people we have brought here,” Budengeri said in soft tone, before sending the fully-packed courtroom into prolonged laughter.

But this response only riled the tough talking judge more.
"This court has powers to summon all people implicated in this case,” the judge said, before adjourning the case to August 20.

Other officials named in the case include the acting infrastructure permanent secretary, Marie Claire Mukasine and Jean Vianney Makombe, also from the same ministry.

By press time, it was not yet clear whether Mukasine, Mutsindashyaka and Makombe will be summoned to explain their role in the matter.

Mukasine and Makombe allegedly approved money for EMA even after the company had been named in the scandal.

The controversial tender won by businessman Mugarura who is also a defendant in the case that has seen many government officials in jail.

According to prosecution, Mugarura won a tender with a bid of Rwf1.7bn but he continued asking for additional money that amounted almost to 100 percent of the total cost and he knew well that he could not solicit money beyond 20 percent.

According to prosecution, Mugarura received the extra funds in three instalments of 330 m, 675m and 500m authorised by Gasana, allegedly in connivance with the detained Gatwabuyenge.

Many contractors reportedly ask for extra money under the pretext of rise in costs.
Tenders in some government departments have in the past raised many questions with persistent reports from the Auditor General that the process is sometimes marred by lack of transparency and fair competition.

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