KIGALI - Former State Minister for Primary and Secondary Education Théoneste Mutsindashyaka is still under probe in connection with a tender scam that has rocked the Eastern Province.

Prosecutor General, Martin Ngoga revealed yesterday that Mutsindashyaka had not yet been summoned by court because evidence so far obtained by the prosecution is not enough to sustain a case against him.

"We interrogated him and we made it clear to Mutsindashyaka that some mistakes had been committed,” Ngoga explained.

 "But it should be clear to all that investigations are still going on. We cannot rush a person in court before we gather enough evidence.”

He said a corruption case involving former provincial official, Charles Gasana and Vincent Gatwabuyenge who served as the Permanent Secretary in the Ministry of Infrastructure was taken to court because evidence against them was sufficient.

He said though his office had not yet got enough evidence to prosecute Mutsindashyaka; other authorities were free to take action against him basing on administrative errors made.

"If you have not taken somebody in court, it does not necessarily mean such a person has not committed mistakes. There are many ways of disciplining people,” Ngoga added.

He also confirmed that prosecution had interrogated acting infrastructure permanent secretary, Marie Claire Mukasine and Jean Vianney Makombe, another official from the same ministry over the same tenders

Ngoga said though court has powers to summon Mutsindashyaka, Mukasine or Makombe as witnesses, it cannot charge them before the prosecution forwards their files to court.

He said prosecution is independent and sometimes investigations go slow because "we need to have all facts.”

Ngoga’s comments come a day after Judge Claudine Nyiramikenke, president of Gasabo Court of Lower Instance questioned prosecutor Boniface Budengeri on Thursday why Mutsindashyaka was not in court despite his being party to the case.

 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 works.

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.

Meanwhile, Mutsindashyaka yesterday handed over office to Education Minister Daphrose Gahakwa.

Helost his job on Tuesday July 21, after serving a year as State Minister. 

Asked after the handover to comment about his sacking and the corruption allegations, Mutsindashyaka said, "Go and write that when you asked me, I said no comment.” 

He was at one time the Governor of the Eastern Province and also served as Mayor of Kigali City.

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