Audit Report Mauritius 2014
Audit Report Mauritius 2014
Audit Report Mauritius 2014
republic of mauritius
Republic of Mauritius
for the year ended 31 December 2014
CONTENTS
Chapter
Page
Introduction
11
The Judiciary
37
43
173
10
181
11
191
12
205
13
211
14
Ministry of Fisheries
223
15
227
16
231
17
243
18
247
19
253
20
289
21
297
109
123
139
159
ii
LIST OF TABLES
Table
Description
Page
11
2-1
2-2
13
2-3
13
2-4
14
2-5
15
2-6
16
2-7
17
2-8
19
2-9
20
2-10
21
2-11
21
2-12
Commitment Fees
23
2-13
2-14
24
2-15
25
26
2-16
28
2-17
New Loans
30
2-18
Arrears of Revenue
31
2-19
32
2-20
33
2-21
35
3-1
37
3-2
39
3-3
40
4-1
47
4-2
47
4-3
48
iii
Description
Page
49
4-4
4-5
60
4-6
61
4-7
61
4-8
63
4-9
65
4-10
66
4-11
67
4-12
68
4-13
69
4-14
70
4-15
72
4-16
74
4-17
79
4-18
86
4-19
90
4-20
Comparison of Offers
91
4-21
97
5-1
Loans to WMA
109
5-2
114
5-3
6-1
116
6-2
6-3
133
133
6-4
134
6-5
135
iv
129
Description
Page
140
7-1
7-2
7-3
141
154
8-1
167
10-1
183
10-2
186
11-1
193
12-1
13-1
Revenue Collection
Usage of E-services/E- payment Facilities 1 January 2014 to 30
April 2015
207
16-1
214
231
16-2
235
16-3
16-4
236
16-5
237
239
18-1
248
19-1
Purchase of Drugs
255
19-2
256
19-3
258
19-4
259
19-5
Bids Received
265
19-6
269
20-1
293
20-2
294
21-1
299
vi
LIST OF APPENDICES
Appendix
Description
Page
IA
301
IB
303
IC
305
IIA
307
IIB
311
IIC
315
III
325
IVA
327
IVB
329
vii
viii
Back to Index
In 1956, the incumbent Principal Auditor was promoted to the post of Director of Audit.
Since then, the office is headed by a Director of Audit. From 1956 to 1978, all the Directors
of Audit were expatriates on contracts. As from June 1978, we have Mauritian nationals
serving as established officers. With the independence of Mauritius in 1968, we became an
independent body within the Government service.
Audit Mandate
The mandate of the Director of Audit is primarily defined in the Constitution of Mauritius and
the Finance and Audit Act. The Director of Audit is required to audit all Ministries and
Government Departments and all the Commissions of the Rodrigues Regional Assembly.
Section 110 of the Constitution gives the authority to the Director of Audit to audit and report
on public accounts of Mauritius and on all courts of law and all authorities and officers of the
Government.
The Finance and Audit Act (Section 16) provides that the Director of Audit has to satisfy
himself that:
all reasonable precautions have been and are taken to safeguard the collection of public
money;
all laws, directions or instructions relating to public money have been and are duly
observed;
all money appropriated or otherwise disbursed is applied to the purpose for which
Parliament intended to provide and that the expenditure conforms to the authority which
governs it;
adequate directions or instructions exist for the guidance of public officers entrusted with
duties and functions connected with finance or storekeeping and that such directions or
instructions have been and are duly observed;
satisfactory management measures have been and are taken to ensure that resources are
procured economically and utilised efficiently and effectively.
Performance Audit is included in the mandate of NAO since 2008, following amendments
made to the Finance and Audit Act. The Director of Audit is required to carry out
Performance Audit and report on the extent to which a Ministry, Department or Division is
applying its resources and carrying out its operations economically, efficiently and
effectively.
The Director of Audit is also empowered to audit the accounts of most Statutory Bodies, all
Local Authorities, most Special Funds and several donor-funded projects through various
legislations and through agreements with several institutions/donor-funded projects.
Parliament
The only authority for the expenditure of public funds and the raising of revenues by public
bodies is that which is given by the Parliament through the National Assembly, either by
resolution or by Legislation. The basis of this system is the approval of the annual Estimates
by the National Assembly, and this approval is given statutory force by the passing, each
year, of an Appropriation Act in which the amount of money to be allocated for each service
of the Government is set out under a series of Votes. The Appropriation Act is
subsequently assented to by the President of the Republic.
Accounting Officers
The Accounting Officers of Ministries/Departments, namely, Senior Chief Executives,
Permanent Secretaries, Administrative Heads or anybody designated as such by the Minister
of Finance are personally answerable to the National Assembly through the PAC for the
administration of the Votes of their Ministries/ Departments, and also of the Votes of the
departments within the Ministerial portfolio whether or not these departments are integrated
with the Ministry.
The Accounting Officer is responsible for ensuring that the funds entrusted to him are applied
only to the purposes intended by the National Assembly, which is to implement Government
policy within the resources allocated in the Estimates. Similarly, he should ensure that
adequate machinery exists for the due collection and bringing to account of all receipts
connected with the Votes and Revenue Heads under his control. He is also responsible for the
efficient and effective service delivery in the implementation of Government policies and
programmes, maintaining proper financial systems, putting in place internal controls and
preventing fraud and error as well as the safe custody of assets and stores.
Accountant General
The Accountant-General prepares statements showing fully the financial position of
Mauritius on the last day of every financial year. The statements give consolidated financial
information on Ministries and Departments, including revenue raised, expenditure incurred,
deposits and advances outstanding. These are submitted to the Director of Audit, within six
months of the close of every financial year. The Accountant General is also an Accounting
Officer having the responsibility of the Treasurys Vote and of Religious subsidies.
Director of Audit
The Constitution of the Republic of Mauritius and the Finance and Audit Act confer wide
powers and responsibilities on the Director of Audit to ensure that public monies are raised
and disbursed in accordance with the intentions of the National Assembly.
The role of the Director of Audit, in the accountability process, is to examine the financial
statements of the Republic of Mauritius and the underlying records and provide an Audit
Report to the National Assembly. The NAOs report gives an independent assurance to the
National Assembly that agencies are operating and are accounting for their performance in
accordance with the National Assemblys purpose.
Public Accounts Committee
The PAC is a sessional Select Committee appointed under the Standing Orders of the
National Assembly. The PAC consists of a Chairman appointed by the Speaker and not more
than nine members nominated by the Committee of Selection.
The function of the PAC is to examine the accounts of the Government of Mauritius for each
financial year together with the Audit Report of the NAO on them and such other accounts
laid before the National Assembly as the Assembly may refer to the Committee.
The PAC is to satisfy itself that public money is spent for the purposes authorised by the
National Assembly and has the power, in the exercise of its duties, to send for Government
officials, records and to take evidence. Thereafter, the PAC prepares and submits its report
and recommendations to the Speaker for tabling in the National Assembly.
Rodrigues Regional Assembly
The above accountability process also applies for Rodrigues, except for the following:
An Executive Council has been set up, under the Rodrigues Regional Assembly (RRA) Act,
for carrying out the functions of the Regional Assembly. Seven Commissions have been set
up and are under the responsibility of the Island Chief Executive and Departmental Heads.
The Commissioner, responsible for the subject of Finance, is required to submit to the
Director of Audit, within three months of the close of every financial year, annual financial
statements, showing fully the financial position of the Island of Rodrigues on the last day of
such financial year. The financial statements are prepared in accordance with Section 19 of
the Finance and Audit Act.
The Rodrigues Regional Assembly Standing Orders and Rules provide for the setting up of a
Public Accounts Committee, comprising a Chairperson and not more than four other
members, which shall examine the audited accounts showing the appropriation of the sums
granted by the Regional Assembly to meet the public expenditure and other accounts laid
before the Assembly, together with the Director of Audits report thereon.
Public Sector Audits
In order to provide assurance to the National Assembly on the accounting and use of public
funds and to fulfil its mandate effectively, two main types of audits are undertaken by the
NAO, namely, Financial/ Regularity Audit and Performance Audit.
Reports for
Governance
Audit Findings
Unresolved
Audit Findings
Management Letter
Significant
Findings
Reference Sheets
For
Accountability
and Oversight
Audit Report
National Assembly
Audit Reports
The Constitution provides that the Director of Audit shall submit his reports to the Minister
responsible for the subject of finance, who shall cause them to be laid before the National
Assembly.
The Finance and Audit Act requires the Accountant-General to sign and submit to the
Director of Audit, within six months of the close of every financial year, statements showing
fully the financial position of Mauritius on the last day of such financial year. For the
Rodrigues Regional Assembly, the Commissioner is to submit the statements within three
months of the close of every financial year.
The Director of Audit is to send, within eight months of the close of every financial year,
copies of the statements submitted for Mauritius and the Rodrigues Regional Assembly
together with a certificate of audit and a report upon his examination and audit of these
accounts to the Minister responsible for the subject of finance. On receipt of the statements
and reports, the latter is required as soon as possible to lay these documents before the
National Assembly.
Where the Minister fails, within a reasonable time, to lay any report before the National
Assembly, the Director of Audit shall send such report to the Speaker of the National
Assembly to be by him presented to the National Assembly.
After the Audit Report has been tabled in the National Assembly it becomes a public
document and is available on the website of the NAO. Subsequently the PAC, as and when it
decides, will hold sessions with the Accounting Officers of Ministries/Departments and their
staff to examine the audited accounts together with the Director of Audits report thereon.
The Director of Audit and her staff assist the PAC during the sessions. The comments and
recommendations of the PAC are elaborated in a Report which is submitted to the Speaker
for tabling in the National Assembly.
Acknowledgement
I wish to take this opportunity to express my appreciation and to thank the Heads of Divisions
and all the staff of the NAO for their constant support and commitment, without which the
submission of this report would not have been possible. They have collectively performed
their duties with professional dedication and goodwill. I would also like to acknowledge the
cooperation and collaboration of the Secretary to the Cabinet and Head of the Civil Service,
the Financial Secretary, all the Senior Chief Executives, Permanent Secretaries and other
Accounting Officers, the Accountant General, the Government Printer and all their staff.
Back to Index
10
Back to Index
2014
Rs million
Assets
Cash and Bank Balances
Advances
3,142.8
1,430.9
4,014.3
1,372.6
3,850.1
1,346.5
9,645.8
2,424.7
17,396.7
2,523.1
Investments
7,424.6
20,030.4
22,120.2
19,216.8
16,337.3
3,762.2
3,725.1
IMF-SDR Deposit
Total Assets
11,998.3
25,417.3
27,316.8
35,049.5
39,982.2
Liabilities
Accounts Payable
4,063.4
4,072.3
4,165.1
4,406.9
4,603.1
Government Debt
76,238.5
74,217.9
68,613.0
68,683.1
75,519.1
985.1
1,181.3
1,403.9
1,408.2
1,369.0
4,492.9
4,448.6
74,182.0
78,991.1
85,939.8
(43,941.6)
(45,957.6)
9,248.3
10,963.8
7,783.1
(75,544.8)
(63,944.6) (56,113.5)
(54,905.4)
(53,740.7)
(69,288.7)
(54,054.2) (46,865.2)
(43,941.6)
(45,957.6)
Deposits
IMF-SDR Allocations
Total Liabilities
Net Liabilities
81,287.0
79,471.5
Represented by:
Special Funds
Accumulated deficit in the
Consolidated Fund
6,256.1
9,890.4
11
Cash and Bank Balances as of 31 December 2014 include cash in hand, cash remitted to
Ministries/Government Departments and cash balances with banks and agents, both locally
and overseas.
Advances are made under the authority of Warrants issued under Section 6(1) of the Finance
and Audit Act. They comprise mainly motor cars and motor cycles advances in favour of
Government employees, as well as those of Statutory and Other Bodies, as stated in
Statement G Detailed Statement of Advances.
Investments comprise shares in quoted and unquoted companies, units, equity participation,
fixed deposits and foreign investments.
IMF-SDR Deposit represents the rupee equivalent of Special Drawing Rights allocation of
SDR 81,061,549 from the International Monetary Fund (IMF) and was held at the Bank of
Mauritius Ltd.
Accounts Payable consists of interests due as of 31 December 2014 in respect of Central
Government Debts, which comprise Government Bonds, Mauritius Development Loan Stock,
Treasury Bills, Treasury Notes, Government of Mauritius Savings Certificates/Notes/Bonds
and External Loans.
Government Debt comprises mainly Treasury Bills and Treasury Notes issued by Bank of
Mauritius on behalf of Government under Sections 5 of the Public Debt Management Act,
and mopping up of liquidity instruments which were issued for the first time during financial
year 2014.
Deposits are monies deposited with the Government by individuals and organizations under
Section 8 of the Finance and Audit Act.
IMF-SDR Allocation represents the rupee equivalent of the total SDR allocation of SDR
96,805,549 made to Mauritius by IMF.
Special Funds comprise monies deposited with the Government by the various Funds set up
under Section 9 of the Finance and Audit Act.
2.1.2 Account of Revenue and Expenditure of the Consolidated Fund
The Consolidated Fund was established by Section 103 of the Constitution of the Republic of
Mauritius.
In accordance with Section 3 of the Finance and Audit Act, the Consolidated Fund is credited
with all revenues collected on behalf of Government and charged with expenses incurred on
the authority of Warrant issued by the Minister of Finance.
The transactions for the financial year ended 31 December 2014 closed with a surplus of
Rs 943.5 million. Table 2-2 shows the revenue and expenditure for the past five financial
years.
12
Financial
Year
Revenue
Rs
Expenditure
Rs
Surplus/(Deficit)
Rs
2010
81,313,164,042
79,894,063,594
1,419,100,448
2011
87,653,059,839
87,816,218,502
(163,158,663)
2012
95,680,475,892
89,101,477,784
6,578,998,108
2013
105,033,770,981
102,924,073,475
2,109,697,506
2014
107,636,866,249
106,693,317,662
943,548,587
Details
Quoted Shares
Units
2014
Rs
144,853,991
Cost
2013
Rs
144,853,991
75,789,771
75,789,771
Unquoted Shares
8,531,450,955
8,535,404,261
Equity Participation
3,971,685,060
3,971,685,060
Sub Total
12,723,779,777
12,727,733,083
Other Investments
Grand Total
3,613,537,525
16,337,317,302
6,489,039,039
19,216,772,122
Other investments comprised long term placement with DBM Ltd of Rs 644 million, EURO
placement with MPCB Ltd of Rs 348 million, Foreign investments of EUR 35 million
(Rs 1.4 billion) and US $ 40 million (Rs 1.2 billion) in Fixed Rate Step-up Notes and Single
13
Fixed Rate Coupon respectively and Rs 6 million fixed deposit with Mutual Aid in respect of
the Morris Legacy Fund.
Bank deposits previously classified under Investments have been included under Cash and
Bank Balances for financial year 2014 and figures for financial year 2013 have been restated
in Statement of Assets and Liabilities.
2.2.1 Equity Participation
A sum of Rs 3,971,685,060 was stated as Equity Participation, and represented Governments
contributions or participation of capital in 10 entities comprising mainly statutory bodies.
2.2.2 Return on Investments
The budgeted and actual dividends received during the past five financial years are given in
Table 2-4.
Table 2-4 Dividend received during Financial Years 2010-2014
Financial Year
2010
Budgeted
Rs
2,592,800,000
Actual
Rs
1,787,259,799
2011
338,000,000
704,044,748
2012
2,477,000,000
1,039,755,819
2013
2,633,000,000
1,478,778,376
2014
1,295,000,000
942,836,943
For the current financial year, a total of Rs 1,295,000,000 was budgeted as dividends
receivable from these entities and the actual amounts received during the same period were
only Rs 942,836,943 compared to Rs 1,478,778,376 for previous financial year.
Details of dividends received for the two financial years 2013 and 2014 are shown in
Table 2-5.
14
Table 2-5 Dividends received during Financial Years 2013 and 2014
Details
Investment at
Cost
31.12.2014
Rs
Dividend
Received
2014
Rs
Dividend
Received
2013
Rs
Quoted Shares
SBM Bank (Mauritius) Ltd
41,058,573
85,229,906
59,810,460
99,178,348
4,282,329
4,604,412
2,206,587
882,635
840
360
338
240
48
4,002,000
623,926
604,489
15,000,000
455,028
597,255
63,625,174
670,609,334
750,777,053
1,607,774,970
119,857,310
544,111,073
87,354,608
11,433,138
32,800,000
4,750,522
2,972,012
59,161,634
33,190,814
36,499,815
19,999,980
2,546,443
4,873,911
55,979,090
5,038,118
4,478,327
3,783,716
507,498
16
28
32
AFREXIM Bank
10,776,420
3,081,122
28,970,892
2,505,121
48
154
28,858
9,235,200
896
89
3,439,811
106,874
2,000,000,000
60,347,061
942,836,943
1,478,778,376
Unquoted Shares
Mauritius Telecom Ltd
Airports of Mauritius Company Ltd
United Investments
Overseas Telecommunications
Services
Alma Investments Co ltd
Shelter Afrique
Equity Participation
Bank of Mauritius
Total
15
Departments Reply
The Accountant General informed that actual dividend received is dependent upon the actual
financial performance of the institutions /enterprises concerned.
2.2.3 Investments Yielding No Returns in 2014
Investment totalling Rs 4.01 billion did not yield any return for financial year 2014 only.
Details of these investments are given in Table 2-6.
Table 2-6 Investments Yielding no Returns in 2014
Year of
Investments
1983-2013
Cost Price
Rs
200,600,000
AFREXIM Bank
1993
10,776,420
COVIFRA Ltee
Prior 2001
2,052,356
Prior 2001
28,858
216,250,000
135,493,000
1,140,000
Prior 2001
3,783,716
85,000,000
Prior 2001
9,600
Prior 2001
16
Bank of Mauritius
2,000,000,000
30.06.09
500,000,000
2006 - 2009
652,688,656
2013
1,000,000
2013
25,000
2013
200,000,000
Total
4,008,847,622
16
Quoted Shares
Blue Life Ltd
Unquoted Shares
African Development Bank
Airports of Rodrigues
Business Parks of Mauritius Ltd
Discover Mauritius Ltd
Eastern and Southern African Trade & Development Bank Ltd
Enterprise Mauritius
Events Mauritius Ltd
Mauritius Educational Development Company Ltd
Multi Carrier Mauritius Ltd
Mauritius Post and Cooperative Bank Ltd
National Housing Development Company Ltd
SME Partnership Fund
State Land Development Company Ltd
State Property Development Company Ltd
The Mauritius Post Ltd
Tourist Villages Company Ltd
Equity Participation
Mauritius Cooperative Livestock Marketing Federation
Mauritius Cane Industry Authority (ex-Mauritius Sugar
Authority and ex-Mauritius Sugar Terminal Corporation)
Rodrigues Educational Development
Rose Belle Sugar Estate
Central Electricity Board
Central Water Authority
National Transport Corporation
State Trading Corporation
Civil Service College
Units
NIT Local Equity Fund
NIT Global Opportunities Fund
Total
2013
Cost Price
Rs
1,976
1992-1993
2000-2008
2001-2009
2006-2007
1990-1991
2004-2005
2006-2007
2000-2001
2001-2004
2001-2005
2007-2008
2005-2006
2001-2007
2001-2004
2001-2005
2007-2009
553,289,772
538,310,200
1,105,552,722
500,000
157,868,426
79,782,747
1,800,000
16,000,000
134,000,000
137,166,400
200,000,000
50,000,000
385,024,900
663,000,000
371,111,200
170,000,000
1992-1993
450,000
1984-1985
2001-2002
1987-1996
1992-1993
1993-2012
Prior 01.07.01
Prior 01.07.01
2012
173,803,732
80,000
98,844,218
670,856,197
962,250,913
50,000,000
400,000
15,000,000
03.03.08
03.03.08
38,370,116
18,417,655
6,591,881,174
17
Departments Reply
The Accountant General stated that investments in the public sector have different objectives.
Some of the investments made were for social purposes with no expectation of return in the
form of cash or dividend, for example NHDC, MCIA, CEB, CWA.
However, a dividend policy framework is being developed for those companies which are
either Government owned or controlled taking into account their respective cash flow
requirements, investment strategy, loan arrears, overdraft with banks.
2.3 Special Funds
Section 9 of the Finance and Audit Act provides for the creation of Special Funds. Special
Funds are monies which are not raised or received for general public purposes, but deposited
with the Government for specific purposes.
Special Funds are built up in different ways as follows:
Donations and legacies e.g. De Chazal Maternity Home Fund.
Money transferred from expenditure e.g. Food Security Fund.
Monies levied from other sources e.g. Build Mauritius Fund.
The characteristics of the Special Funds are that:
they do not form part of the Consolidated Fund,
they are administered in the manner provided by a law or instrument creating them,
in the absence of any such provision in the law or instrument, the Minister of Finance,
may by regulations, provide for the administration of such Special Fund, or for the better
administration of such Special Fund, as the case may be,
money standing to the credit of Special Funds may be invested and any interest or
dividend received is to be credited to the accounts of that Special Fund and becomes in
all respect part of that Special Fund.
All Special Funds are either regulated by an Act or a Regulation made under the Finance and
Audit Act. The Director of Audit is responsible for the audit of 24 Special Funds which are
differently regulated as shown in Appendix IA. Some are required to submit accounts not
later than three months after the end of each financial year, while for others there is no such
deadline.
Special Funds are required to prepare
annual statements of the receipts and payments for a financial year; and
a balance sheet made up to the end of that financial year showing the assets and liabilities
of the Fund.
18
A total of 16 financial statements in respect of eight Special Funds have not yet been
submitted for audit purposes. Details are at Appendix IB.
35 financial statements in respect of 15 Special Funds were already certified but not yet laid
before the National Assembly as shown in Appendix IC.
2.4 Statement of Public Sector Debt
The Public Sector Debt (PSD) comprised debts of the Central Government raised both
internally and externally for financing development projects, debts of Public Enterprises
guaranteed by Government and debts of Public Enterprises not guaranteed by Government.
All these debts are detailed in a separate Statement of Public Sector Debt.
As of 31 December 2014, PSD amounted to Rs 237.7 billion, compared to Rs 219.8 billion
for the financial year ending 31 December 2013. Details are given in the Table 2-8.
Table 2-8 Public Sector Debt
Debt Category
31 December 2014
Rs
31 December 2013
Rs
Domestic
165,285,650,000
149,959,430,000
External
51,429,001,609
47,092,645,001
216,714,651,609
197,052,075,001
23,851,050
23,851,050
12,998,623,337
12,766,319,659
13,022,474,387
12,790,170,709
291,397
7,963,338,185
10,024,731,134
7,963,338,185
10,025,022,531
237,700,464,181
219,867,268,241
Government Debt
Guaranteed by Government
Agencies Extra Budgetary Units
Public Enterprises
Not Guaranteed by Government
Agencies Extra Budgetary Units
Public Enterprises
Total
Domestic Debt is made up of obligations which include proceeds from issues of Treasury
Bills, Treasury Notes, Government Bonds, Mauritius Development Loan Stocks, GOM
Savings Certificates, GOM Savings Notes, and GOM Savings Bonds.
External Debt refers to Loans from Foreign Governments and Institutions, Government
Securities held by Non Residents and IMF SDR Allocations.
19
MDLS
Bonds
Total
Percentage
Rs m
13,855.5
Rs m
1,688.1
Rs m
7,660.1
Rs m
45,856.6
28.68
2016
14,610.0
2,740.7
5,913.6
23,264.3
14.55
2017
19,445.0
31.0
7,175.0
26,651.0
16.68
2018
1,573.3
8,825.0
10,398.3
6.50
2019 and
Onwards
1,503.8
52,195.7
53,699.5
33.59
7,536.9
81,769.4
*159,869.7
100.00
2015
Total
Treasury
Bills
Rs m
22,652.9
22,652.9
Treasury
Notes
47,910.5
*excluding GOM Securities issued for the mopping up of excess liquidity of Rs 5,415,950,000.
The maturity profile of the Domestic Government Debt indicates that 28.6 per cent of total
debt would mature within one year and some 14.5 per cent of the outstanding debts would
fall due in 2016. Government would require some Rs 45.8 billion to settle its domestic debt
during period ending 31 December 2015.
Government of Mauritius Securities issued for mopping up of excess liquidity
In normal situations, the Bank of Mauritius (BOM) intervenes in case there is a surplus
liquidity in the economy. However, it was for the first time that BOM, as agent of
Government issued securities on behalf of Government for a total nominal value of
Rs 5.4 billion, to mop up the excess liquidity. These securities comprised GOM Treasury
Bills, GOM Savings Certificates, GOM Savings Notes, and GOM Savings Bonds.
Total proceeds of Rs 5.4 billion from the issue of the above instruments, were deposited with
BOM and included in the Statement of Assets and Liabilities under Cash and Bank
Balances.
The total interest payable would amount to some Rs 372.7 million.
20
*2010
172,814,286,623
4,260,619,435
2.52
*2011
185,187,034,366
12,372,747,743
7.15
*2012
194,486,933,430
9,299,899,064
5.02
2013
219,867,268,241
25,380,334,811
13.05
2014
237,700,464,181
17,833,195,940
8.11
* The figures for PSD for 2010 to 2012 exclude IMF SDR allocations
Over the past five financial years, Public Sector Debt has been increasing. The figure for
2014 has increased by Rs 64.89 billion when compared to Rs 172.8 billion for 2010. This
represented an increase of 37.5 per cent over the past five years.
2.4.3 Public Sector Debt and Gross Domestic Product
PSD and PSD as a percentage of Gross Domestic Product (GDP) for the four financial years
to 31 December 2014 are given in Table 2-11.
Table 2-11 Public Sector Debt and Gross Domestic Product
PSD
Rs billion
GDP
Rs billion
31 December 2011
*189.6
323.0
PSD as
Percentage of GDP
%
58.7
31 December 2012
*199.0
343.8
57.9
31 December 2013
219.9
366.2
60.0
31 December 2014
237.7
386.3
61.5
*For meaningful comparison, MOFED has adjusted the time series data for PSD in line with the amendments
made in the computation thereof
As of 31 December 2014, the total Public Sector Debt was Rs 237.7 billion, that is an
increase of Rs 17.8 billion from the previous financial year figure of Rs 219.9 billion. The
PSD as a percentage of GDP has also increased to 61.5 per cent as of 31 December 2014
compared to 60 per cent as of 31 December 2013.
21
For the computation of the PSD for the purpose of debt ceiling, in line with the provisions of
the Public Debt Management Act, the PSD of Rs 237.7 billion was adjusted by a sum of
Rs 28.4 billion to Rs 209.3 billion.
The figure of Rs 28.4 billion comprised 32 public enterprises debts discounted by
Rs 13 billion and including Government Securities issued to mop up excess liquidity, Cash
and Cash Equivalents, Special Drawing Rights, totalling Rs 15.4 billion.
The impact of the adjustment would be a decrease of PSD as a percentage of GDP by
7.3 per cent, that is from 61.5 to 54.2 per cent.
Short and long term strategies need to be planned ahead to ensure that the targeted ceiling of
50 per cent of GDP by the end of December 2018 would be achieved as per the amended
Public Debt Management Act.
The Ministry of Finance and Economic Development (MOFED) stated that as part of the
Budget Estimates 2015, appropriate measures have already been envisaged to ensure that
PSD target of 50 per cent of GDP is achieved by the end of December 2018.
2.4.4 Management of Loans
As previously reported, commitment fees were being paid when funds were withdrawn after
the scheduled date specified in the loan agreements. As of 31 December 2014, commitment
fees paid on undrawn balances due to delays in implementation of six projects totalled some
Rs 16.5 million.
The cumulative amount of commitment fees on these loans since signature of loan was
Rs 92.3 million. A breakdown of commitment fees paid on these loans is shown in
Table 2-12.
22
Disbursement
up to 31.12.14
During
2013
During
2014
Up to
31.12.14
Rs m
Rs m
Rs m
Rs m
439,484,256
36.10
3.50
0.47
40.07
42,500,000
4.30
2.19
2.02
8.51
47,475,310
13.20
3.84
2.29
19.33
428,999,682
12.64
8.41
21.05
324,000,000
&
146,000,000
0.02
0.02
27,502,234
3.34
3.34
53.60
22.17
16.55
92.32
- 30 March 2011
Total
Disbursements were not effected as scheduled due to delay in implementation of the six
projects. The late disbursement of the first four loans was attributed to the same reasons as
stated in the Audit Report for the year ended 31 December 2013. As regards the following
two new loans:
Public Sector Efficiency Programme The drawdown of the remaining tranches of the
loan was delayed due to the situation of excess liquidity in the banking system.
Accordingly the undrawn balance of the loan was cancelled.
PW Sewerage Project According to explanation provided by Wastewater Management
Authority, the implementation of the sewerage project was delayed due to the increase in
the length of the sewer and in the trench depths.
MOFED informed that steps are being taken to reduce payment of commitment fees.
However, based on the nature and complexity of projects, it might be challenging to achieve
23
a 100 per cent implementation of projects on a timely basis and completely eliminate
payment of commitment fees.
2.4.5 Servicing of Public Debt
(i) The servicing of Public Debt comprised capital repayments, interest payments on
Domestic and External Debts and management service charges.
Total Debts servicing during the past four financial years are shown in Table 2-13.
Table 2-13 Servicing of Debts for Financial Years 2011-2014
Particulars
Year 2011
Rs million
*Interests
Year 2012
Rs million
Year 2013
Rs million
Year 2014
Rs million
436.5
502.1
540.6
643.3
9,192.7
9,627.2
9,088.9
9,474.3
14.9
35.1
25.6
16.1
9,644.1
10,164.4
9,655.1
10,133.7
768.2
888.1
1,089.6
2,831.2
64,308.8
65,257.4
55,336.4
60,466.7
Total
74,721.1
76,309.9
66,081.1
73,431.6
External Debt
Domestic Debt
Management Service Charges
Sub Total
Capital Repayments External Debt
Interest payments on Public Debt have slightly increased from Rs 9.65 billion in 2013 to
Rs 10.13 billion in 2014. Servicing of Public Debt has increased from Rs 66.08 billion in
2013 to Rs 73.43 billion in 2014.
(ii) The servicing of Public Debt as a percentage of total Government expenditure for the past
four financial years 2011 to 2014 is shown in Table 2-14.
24
*Servicing of
Public Debt
Rs million
Total
*Expenditure
Rs million
Servicing of Public
Debt as a % of
Total Expenditure
2011
74,721.1
148,330.2
50.4
2012
76,309.9
148,290.2
51.5
2013
66,081.1
153,874.1
42.9
2014
73,431.6
157,203.86
46.7
It is the Treasury policy not to include the issue and redemption of Treasury Bills and
Treasury Notes in the Statement of Revenue and Expenditure of the Consolidated Fund, but
the net outstanding balances were disclosed in the Statement of Assets and Liabilities. New
issues of Treasury Bills and Treasury Notes for 2014 amounted to Rs 33 billion and Rs 19.4
billion respectively whilst redemption of these instruments were Rs 36.6 billion and Rs 14.7
billion respectively.
In Table 2-14 above, the servicing of public debt and the total expenditure has been adjusted
to include the redemption of Treasury Bills and Treasury Notes in order to give a better
picture of the total cost for servicing public debt. As also stated, some 46.7 per cent of the
total Government expenditure for financial year ending 31 December 2014 was on servicing
of public debt.
2.5 Statement of Outstanding Loans
Government advanced loans from revenue to Statutory Bodies, Private Individuals, State
Owned Entities and Other Bodies mainly for capital projects. The Accountant Generals
Department prepared a Statement of Outstanding Loans Financed from Revenue regarding
such loans and as of 31 December 2014, total loans outstanding due to Government by all
these Bodies amounted to Rs 13,424,304,050. Details are shown in Table 2-15.
25
Original Loan
Rs
Outstanding Loan
Rs
3,498,269,017
2,367,193,686
2,668,270,692
1,911,393,798
20,408,214
21,191,793
2,631,395
5,717,943
278,370,422
40,210,830
196,022,528
761,659
5,669,085
286,923,434
23,523,656
162,071,449
88,534,225
92,977,646
381,631,437
1,228,692,616
89,347,961
92,323,794
453,944,219
1,623,481,341
Subtotal
Other Bodies
Build Mauritius Fund
Mauritius Shipping Corporation
Pamplemousses/Riviere du Rempart
District Council
Airports of Mauritius Ltd
Mauritius Post and Co-operative Bank Ltd
Rodrigues Regional Assembly
Development Bank of Mauritius Ltd
Mauritius Housing Company Ltd
Bus Companies
Mauritius Cooperative Central Bank (MCCB)
Ltd (in liquidation)
National Housing Development Co Ltd
Business Parks of Mauritius Ltd
BPML Freeport Services Ltd
Knowledge Parks Ltd
8,200,659,959
7,338,902,881
4,300,000,000
107,200,000
4,300,000,000
107,200,000
42,000,000
513,372,400
8,000,000
14,847,000
500,815,876
62,644,315
25,555,614
36,750,000
578,368,170
8,000,000
14,847,000
323,847,864
16,441,242
4,460,006
81,880,000
338,870,507
481,506,283
145,446,340
486,000,000
81,308,000
133,920,217
152,782,433
105,783,181
220,424,778
Subtotal
7,108,138,335
6,084,132,891
2,827,070
546,277
3,373,347
15,312,171,641
1,100,177
168,101
1,268,278
13,424,304,050
Statutory Bodies
Central Electricity Board
Central Water Authority
Mauritius Cane Industry Authority (ex-Sugar
Planters Mechanical Pool Corporation)
Mauritius Cane Industry Authority (exMauritius Sugar Industry Research Institute)
Mauritius Meat Authority
Irrigation Authority
Agricultural Marketing Board
National Transport Corporation
Mauritius Institute of training and
Development (ex-Industrial and Vocational
Training Board)
Rose Belle Sugar Estate
Mauritius Broadcasting Corporation
Wastewater Management Authority
Private Individuals
Repatriation Expenses
Small Scale Industries
Sub Total
Total
26
Central Electricity Board and Central Water Authority owed loan amounts of Rs 2.66 billion
and Rs 1.91 billion respectively, being capital instalments as of 31 December 2014. These
two outstanding loan balances represented some 34 per cent of the total of Rs 13.4 billion.
2.5.1 Loan Instalments in Arrears
Nine Statutory Bodies and eight Other Bodies have not been paying the loan instalments as
well as the accrued interests. They owed a total of Rs 2,197,523,867, comprising capital and
interest of Rs 1,228,135,636 and Rs 969,388,231 respectively as of 31 December 2014.
Details are shown in Table 2-16.
27
Statutory Bodies
Central Electricity Board
Central Water Authority (Note 1)
Mauritius Institute of Training
and Development (ex-IVTB)
(Note 2)
Capital
Rs
Interest
Rs
1,392,562
783,534
Period due
Remarks
2014
Insufficient repayment
2005-2014
Repayment of
Rs 45,100,000 in
Dec.2014
5,669,085
- 1986-1990
No repayment since
August 1996
No repayment since
1980
Mauritius Broadcasting
Corporation
Outstanding since
2011
Wastewater Management
Authority
54,150,519
2014
Outstanding since
2014
Other Bodies
BPML Freeport Services Ltd
4,360,193
168,101
3,966,614
2014
972,153 1985-2014
Insufficient repayment
No repayment since
1992
1979
2,432,515 2011-2014
1,228,135,636 969,388,231
28
In liquidation
No repayment since
1992
Outstanding since
2011
Outstanding since
2011
2,197,523,867
As of 31 December 2014, several Bodies were still unable to repay the arrears of loan
instalments and interests.
Note 1 Central Water Authority (CWA)
CWA contracted several other loans from Government during 2014 totalling Rs 594,828,158.
Moreover, Government set off Rs 200 million against the arrears amount of capital Rs 145.5
million and interest Rs 54.5 million on a First-in First-out basis. Since 4 February 2013,
CWA had ceased to collect the Bottled Water Levy and Government compensated the
Authority for the loss of revenue to the tune of Rs 200 million. The amount was provided for,
under Pragramme 443 Item 25110009, Subsidy to CWA in the Programmed Based
Budget Estimates since year 2013.
Note 2 Mauritius Institute of Training and Development (MITD) ex IVTB
The ex IVTB contracted two loans of FF 14 million and FF 21 million from the Agence
Franaise de Development in November 1989 and September 1993 respectively. In
December 2014, MITD paid Rs 45.1 million, representing capital and arrears elements of
Rs 1,925,692 and Rs 43,174,308 respectively.
Note 3 Irrigation Authority (IA)
IA contracted 15 loans totalling Rs 278,370,422 during the years 1984 to 2012 and could not
repay the loan instalments.
Note 4: National Transport Corporation (NTC)
Of the 12 loans contracted during the years 1988 to 2010 and totalling Rs 196,022,528, the
Corporation was effecting regular repayments in respect of only one loan contracted in year
2009.
Note 5: Loans to Rose Belle Sugar Estate
Rose Belle Sugar Estate made a request to MOFED to write off both the African
Development Bank Loans and Other Loans borrowed from Government, as it was not in a
position to repay them.
Note 6: Loans to Small Scale Industries
Loans and interests in respect of Small Scale Industries totaling Rs 1.1 million have remained
unpaid since year 1993.
The Accountant General stated that action has already been initiated to determine whether the
amounts are irrecoverable.
29
Rs
594,828,158
702,488,725
220,424,778
18,000,000
Private Individuals
123,022
Total
1,535,864,683
30
Arrears of Revenue
Rs
2010
6,505,963,033
2011
6,558,064,757
2012
6,927,931,061
2013
8,386,240,505
2014
8,471,499,677
Annual increases have been noted in the arrears of revenue figure. There was a significant
increase of Rs 1,965,536,644 in a five-year period.
31
57.6 per cent of the total arrears figure of Rs 8,471,499,677 related to the Mauritius Revenue
Authority, that is Rs 4,879,562,183.
Government wrote off a total of Rs 130,610,949 being long outstanding and irrecoverable
debts, as per Table 2-19.
Table 2-19 Arrears of Revenue Written Off in 2014
Ministries/Departments
Rs
10,774,501
The Treasury
333,362
9,958,345
52,727,907
1,250,000
55,566,834
Total
130,610,949
32
Ministries/
Departments
Prior to 2013
2013
2014
Rs
Rs
Rs
Unallocated
Rs
Total
Debtors as of
31.12.14
Rs
396,103,754
486,439,884
1,985,720,458
445,698,724
584,469,216
2,253,007,556
5,598,207
3,002,842
57,902,986
66,504,035
80,608,705
104,686,848
48,868,036
234,163,589
2,007,014
Sales Tax
2,007,014
Environment
Protection Fee
6,840,261
11,294,216
8,571,059
26,705,536
45,505,145
40,705,452
41,895,003
128,105,600
47,914,555
27,080,136
47,999,116
122,993,807
7,682,122
17,812,522
34,859,944
60,354,588
2,522,172,445
Sub-total
Other Ministries and Departments
Civil Aviation
27,034,392
1,046,384,494
1,311,005,244
4,879,562,183
997,253
4,280,931
32,312,576
54,036
139,976
21,230
21,230
211,709
211,709
Industry (Commerce
Division)
Public Infrastructure
(Land
Transport
Division.)
Fire Services
85,940
Companies Division
139,121,586
36,683,468
52,456,393
228,261,447
Education and
Human Resources
Tourism and Leisure
134,799,250
2,964,207
137,763,457
710,128
360,962
107,309
1,178,399
976,379
12,000
166,033
Public Infrastructure
(Public Infrastructure
Division)
Renewable Energy
and Public Utilities
Health and Quality of
Life
Police Force
6,654,391
5,739,672
377,840
707,645
1,154,412
6,654,391
1,120,787
7,238,299
866,259
1,573,904
continued
33
Ministries/
Departments
Local Govt. and
Outer Islands
Ministry of Public
Infrastructure
(Shipping Division)
National Transport
Authority
National Audit Office
Attorney General's
Office
Ministry of
Labour,IR Empl.
(Employment
Division)
Ministry of Arts and
Culture
PMO (Data
Protection Office)
Industrial Court
Intermediate
Criminal Court
Judicial Courts
Commercial Courts
Judicial Others
The Treasury
Registrar- General
Housing and Lands
Prior to 2013
2013
Rs
235,620
2014
Unallocated
Total
Debtors as of
31.12.14
Rs
Rs
24,000
Rs
-
Rs
259,620
332,478
197,367
299,316
829,161
30,734,000
3,739,000
3,159,000
37,632,000
1,530,000
178,275
558,590
257,834
257,834
895,000
895,000
1,530,000
292,605
87,710
3,064,850
3,277,400
4,984,850
11,327,100
108,350
67,200
77,000
252,550
3,562,804
6,030,441
25,559,140
35,152,385
10,596,784
2,280,800
10,772,925
23,650,509
62,580
1,750
780,860
54,600
70,000
1,564,208,848
223,588,719
418,383,509
120,992,886
159,405,209
87,274,536
157,155,449
Social Security, NS
and RI
Agro Industry and
Food Security
Sub-total
2,089,447,310
Grand Total
4,611,619,755
64,330
905,460
319,164,402
-
2,206,181,076
440,157,288
403,835,194
435,027
3,253,746
3,688,773
2,483,980
5,766,844
8,250,824
369,525,253
804,779,939
328,184,992
3,591,937,494
1,415,909,747
2,115,785,183
328,184,992
8,471,499,677
34
2,197,706,569
8,474,508
Total
2,206,181,077
35
Back to Index
36
3 - THE JUDICIARY
Back to Index
Years
< 1 year
Amount
Rs
36,635,715
% of Total
Arrears
61
1-2 years
11,544,320
19
3-5 years
6,835,322
12
6-10 years
4,844,676
Total
59,860,033
Arrears of revenue for the past two years represented some 80 per cent of the total amount
due. It was again noted that the returns were not consistently prepared by all Courts. No
detailed listing was provided for collections for the year amounting to some Rs 47 million.
3.1.1 Irrecoverable Arrears of Revenue
The irrecoverable arrears of revenue written off related to debtors who had passed away, left
country, were untraceable, bankrupt and some were outstanding prior to 2000.
Out of the Rs 55.6 million written off, some 73 per cent related to Companies cases totalling
some Rs 40.8 million. Some of these cases were outstanding since 2002. As of December
2014, these companies had already become insolvent and procedures to strike off the names
of the companies had been initiated by the Registrar of Companies.
Due to delay in recovering the arrears of revenue, the irrecoverable arrears written off
amounting to some Rs 75 million during the past two years represented a loss of revenue for
the Judiciary.
37
Recommendations
To improve the debt recovery process:
The Police Department should be requested to act more promptly on Issued Arrest
Warrants and to provide regular feedback on Executed Arrest Warrants.
The mechanism for recovery of arrears of revenue should be revisited. An Enforcement
Unit should be put in place for the prompt recovery and regular follow up of the arrears of
revenue.
Appropriate measures should be taken to ensure that the Statements of Arrears of Revenue
are prepared accurately and in a consistent manner.
Judiciarys Reply
The Internal Control Unit is looking into the matter and steps are being taken to monitor
closely the prompt recovery of fines and costs.
The delay in recovering the arrears of revenue is due to the time taken by the Police to
execute warrants. The Commissioner of Police has been requested to make due diligence
in the execution of warrants of arrest.
The Finance Section has been instructed to take necessary measures to ensure that the
statements of arrears of revenue are prepared in a consistent manner and are accurate,
complete and reliable.
3.2 Renovation of the Mahebourg District Court Building Rs 15.1 million
Tender for the renovation of the Mahebourg District Court was launched on 27 March 2013.
The scope of the works comprised the removal of the shingles and damaged timber structure,
the re-construction of the roof, including electrical works and other ancillary works as per the
detailed design. Works were to be executed under four phases.
On 30 May 2013, the Bid Evaluation Committee (BEC) recommended the award of the
contract to the lowest substantially responsive bidder for the sum of Rs 15,115,650 (inclusive
of VAT) including a Contingency Sum of Rs 5.1 million.
The site was handed over to the Contractor on 25 November 2013, and Phase I was to start
14 days after handing over of site. Details of the start, completion date and liquidated
damages chargeable per day for each phase are shown in Table 3-2:
38
THE JUDICIARY
Liquidated
Damages/day
9 Dec 2013
Days
120
8 Apr 14
Rs
25,000
II
16 Apr 2014
90
14 Jul 14
20,000
III
27 Jul 14
90
19 Oct 14
15,000
IV
27 Oct 14
90
24 Jan 15
15,000
Phase
Starting Date
Contract Period
The contract was signed on 17 February 2014. The insurance policy, with expiry date of
6 April 2015, was submitted on 24 February 2014.
Due to delays in submitting drawings and bills of quantities, the start date of the project was
rescheduled to 24 February and subsequently to 4 March 2014.
However, renovation works actually started on 28 May 2014 due to late submission and
approval of materials by the Ministry of Public Infrastructure (MPI). The insurance policy
was not extended to cover the revised completion period.
It was essential for the project to be implemented phase wise in a sequential order, so as not
to disrupt the functioning of the Court. Necessary approval should be sought from the Project
Engineer and Architect from the MPI before the start of each Phase.
The revised start and completion dates of the renovation works and delays are shown in
Table 3-3.
39
THE JUDICIARY
Phase/Block
Revised
Start Date
I / C2
4-Mar-14
No. of
days
120
Revised
Completion
Date
Delays
(Days)
1 Jun 14
333
D
II/ C1
9-Jun-14
90
6 Oct 14
207
Not Completed
Not Completed
14-Oct-14
90
11 Jan 15
Cell
IV/ A
Not Completed
Completed
B1
III/ B2
Project Status as at
30 April 2015
19-Jan-15
90
18 Apr 15
A1
64
Completed on
17 March 2015
109
Not Completed
12
Not Completed
Completed on
13 April 2015
40
THE JUDICIARY
Most of the Phases were being partly done at the same time, without respecting the sequential
order. Besides, an updated programme of works was not submitted as of 30 September 2014.
Works were not carried out as duly specified in the contract document and without necessary
approval from both MPI and the Judiciary. Materials used were not in compliance with
specifications. The rectification of same entailed further delays in progress of works.
Samples and specifications of materials were submitted with delay to the Project Engineer.
Besides, materials on the local market were not available although the Contractor had
confirmed at time of bidding that same would be available.
The slow progress of works was also due to frequent rescheduling of working time as the
functioning of the Court was being disturbed due to noise problems. Not enough resources
were deployed on site, and works were not being carried out regularly.
There was no approval for the extension of time. The contract was not completed within the
extended date of 18 April 2015. As of May 2015, the maximum limit of Liquidated Damages
amounting to some Rs 1.9 million was chargeable on the Contractor.
Recommendations
The project implementation should be carried out in accordance with the terms and
conditions of the contract. Works should be properly supervised and closely monitored to
ensure timely completion.
The penalty clause should be applied by charging liquidated damages for the delay in
completion of the project.
Judiciarys Reply
The delay in the submission of the samples and specifications in respect of materials was due
to their unavailability on the local market.
The re-roofing of the District Court is over and the penalty clause has been applied following
the recommendation of Ministry of Public Infrastructure.
41
THE JUDICIARY
Back to Index
42
THE JUDICIARY
Back to Index
43
For the period 1 January 2014 to 31 March 2015, copies of Cheque/Cash Deposit Receipts for
a total sum of only Rs 985,353, out of the total collections of Rs 20,226,202, were produced
for audit purposes.
No Prompt Banking. There were cases where collections were not promptly banked, contrary
to Financial Regulations.
A sum of Rs 5,557,008 was collected in December 2014, of which only Rs 537,850 were
banked in that month and Rs 2,703,799 in April 2015.
As of 16 April 2015, there was no evidence that the remaining collections of
Rs 2,315,359 were banked.
A few receipts (ABF 9E) issued during February, May and June 2014 for a sum of
Rs 18,500 were not recorded in the Cash Book and there was no evidence that the
collections were banked.
Absence of Segregation of Duties
Financial Regulations require the arrangement of duties in such a way to ensure that no
single task is executed from its beginning to its conclusions by only one person.
The Revenue Clerk at the NDH was responsible for the following:
Management of imprest
Collection of revenue
Issuing of receipts
Maintaining records in Cash Books
Banking
Therefore, the same Officer was involved in the different stages of the revenue process,
contrary to Financial Regulations.
Internal Control
Financial Regulations require the arrangement of duties in such a way to ensure that the
work of each officer involved in the processing of a transaction is subject to independent
check in the course of another officers duties.
There was no evidence of any independent check over books and records of the Revenue
Section at the NDH. Based on the trend of collections at the other District Headquarters, the
Finance Section at Head Office should have enquired on any tardy remittances or irregular
amount of collections/remittances.
Non submission of Combined Remittance Voucher and Receipt should have been suspicious.
For example, in September 2014, collections banked by NDH amounted to Rs 158,228
44
45
Departments Reply
An enquiry has started in connection with the irregularities at the Northern Division Cash
Office. As at 30 June 2015, a total of Rs 6,625,979 has already been credited to bank. All
efforts are being made to recover the remaining sum of Rs 8,236,678.
The Manager, Internal Control Unit has carried out surprise cash surveys at all the 15 Cash
Offices at Divisions and Branches and made some observations and recommendations. He
has also been tasked to carry out an audit at the Revenue Office of NDH for the financial
years 2012 and 2013.
As regards absence of segregation of duties, Divisional Commanders have been instructed to
implement same so that the same officer is not involved in cash collections, recording and
banking of receipts.
The Mauritius Post has been approached to act as collection agent for various fees payable by
members of the public to the Mauritius Police Force, and after clearance from the Financial
Secretary, the cash collection will start on a pilot basis at two Divisional Headquarters.
4.2 Interdicted Officers
4.2.1 Interdiction Process
The Mauritius Police Force (MPF) seeks approval of the Disciplined Forces Service
Commission for interdiction of officers in case of serious offences.
Police enquiries are normally carried out prior to seeking advice of the Office of the Director
of Public Prosecutions as to whether there is a case for prosecution. The latter then advises
for either Court actions or internal disciplinary procedures against the interdicted officer.
In case of Court action, the officer is either reinstated or his service is terminated after
judgment.
4.2.2 Salaries paid to Interdicted Officers
Salaries paid to interdicted officers of the MPF during the past five financial years totalled
some Rs 211.8 million as shown in Table 4-1.
46
Amount
Rs million
33.8
2011
33.9
2012
38.4
2013
50.9
2014
54.8
Total
211.8
Salaries included monthly rent allowance which ranged from Rs 975 to Rs 2,935 and
excluded annual increments.
4.2.3 Number of Interdicted Officers as of 31 December 2014
As of 31 December 2014, 201 officers of the MPF were interdicted and salaries paid to them
since their interdiction totalled some Rs 160.3 million as shown in Table 4-2:
Table 4-2 Salaries paid to 31 December 2014
Year of
Interdiction
No. of Officers
Interdicted
Salaries paid up to
31 December 2014
Rs million
Prior to 2009
36
54.9
2009
21
24.6
2010
16
18.6
2011
17
15.6
2012
35
24.5
2013
42
17.4
2014
34
4.7
Total
201
160.3
47
As a result, in 2008, a Fast Track Mechanism (instructions and guidelines) was issued by the
MPF to ensure the speedy disposal of cases including:
Officers of the MPF were to complete enquiry within the least possible delay, one
month for less complex cases and up to three months for complex and multifold cases.
Delays were to be explained and justified.
However, these instructions and guidelines were not followed in all cases.
Cases at Police Enquiry Level
As of 31 December 2014, 89 cases were still at Police enquiry level as shown in Table 4-3.
Table 4-3 Cases at Police Enquiry Level
Year of
Interdiction
Number of Officers
2010
2011
2012
18
2013
35
2014
32
Total
89
57 cases originated from the year 2010 to 2013, and 32 new ones in 2014.
Interdicted Officers Awaiting Court Judgment
In October 2008, the Supreme Court issued instructions to Law Officers that the hearing of
criminal cases/disciplinary proceedings involving public officers under interdiction should be
given priority of hearing.
As of 31 December 2014, 82 interdicted officers of the MPF were awaiting Court judgment.
There were 11 cases awaiting judgment for over 10 years and 30 between five to 10 years as
shown in Table 4-4.
48
Number of Officers
Up to 5
41
5+ to 10
30
Over 10
11
Total
82
49
awarded for the sum of Rs 159,057,823 (inclusive of VAT and maintenance cost for five
years) on 13 December 2013.The delivery of the system was to be completed in April 2014.
The Contractor did not perform at all, and in February 2015, the MPF informed the
Contractor of the termination of the contract.
Payment of Rs 33.1 million made in advance by MPF in December 2013 was recovered on
16 March 2015 and the performance security of Rs 11.1 million was forfeited.
4.3.1 Objectives not Achieved
The decision to implement the project was taken in January 2012. After more than three
years, the CCTV equipment have still not been procured. The objectives behind installation
of the surveillance system have still not been achieved.
4.3.2 Assessment of Past Performance of International Bidders
The bid documents for this project provided for the following:
The bidder to furnish documentary evidence of financial capability and experience
requirement in terms of qualification of Project Manager and team members.
The bidder should have five years of experience in manufacturing similar type of goods.
In spite of the fact that the Contractor had provided a list of projects undertaken in different
parts of the world and certificates of successful completion, he failed to fulfill the contract.
That was confirmed by a Factory Acceptance Test carried out by the MPF in January 2014 in
China to verify whether the specifications and requirements complied with the bidding
documents. Out of 943 tests requested, 529 tests could not be performed due to unavailability
of the appropriate equipment for testing. Only 414 tests were performed of which 307 met the
technical requirements, 42 were partially complied and 65 did not meet the requirements at
all.
It could not be ascertained whether the Contractor had the capacity to implement the project
and whether the evidences provided for past experience depict a true picture of his technical
knowhow.
4.3.3 Bidding Documents
According to Public Procurement Regulations (Instructions to Bidders) the purchaser
reserves the right to assess the bidders capabilities and capacity to execute the contract
satisfactorily before deciding on award.
Under these Regulations, MPF had the right to contact past clients of the bidder to assess on
the spot a sample of previous similar projects undertaken by the latter. This was not the case
in this project. This would have helped the MPF to determine whether the bidder could
perform the contract satisfactorily.
50
Conclusion
The non-performance of the Contractor should be reported to the Procurement Policy Office
(PPO). All the information relating to the contract should be submitted, as well as reasons for
its termination to enable the latter to take appropriate measures, such as disqualification of
the bidder.
For future projects, the MPF may seek guidance from PPO on how to verify/assess the
genuineness of evidences provided by an international bidder on past similar projects prior to
award of contracts.
Departments Reply
In this particular case, the Police Communication Branch carried out a Factory Acceptance
Test which was very useful in the assessment of the equipment to be procured by the MPF.
Hence, it was found that most of the equipment was non-compliance although the Bidder
had specified compliance in its bidding documents.
Though bidders usually provide well documented evidence to show proof of their
competency, the successful implementation of a particular project cannot be assessed in these
documents. The PPO may advise on the way forward to assess the proof of their competency.
51
52
53
54
55
56
57
58
59
The Programme-Based Budget Estimates 2014 of Mauritius were approved by the National
Assembly in October 2013, providing, under Programme 311: Rodrigues Development, a
total amount of Rs 1,950 million for current and capital grants.
4.9 Statement of Assets and Liabilities of the Rodrigues Regional Assembly
Assets and Liabilities of the RRA for the past three financial years are as shown in Table 4-5.
Table 4-5 Assets and Liabilities of RRA as of 31 December:
Assets
2014
Rs
2013
Rs
2012
Rs
97,019,777
100,800,095
69,439,712
Advances
53,969,406
54,868,870
35,101,442
150,989,183
155,668,965
104,541,154
19,739,195
43,166,517
14,805,181
Deposits
78,321,286
59,759,671
53,401,718
52,928,702
52,742,777
36,334,255
150,989,183
155,668,965
104,541,154
Total
Liabilities
Total
The accounts of the RRA were prepared on a cash basis. As such, current assets, such as
arrears of revenue amounting to Rs 30,521,656 as of 31 December 2014; and current
liabilities, such as pension liabilities, passage benefits and the monetary value of accumulated
sick leaves were not disclosed in the Statement of Assets and Liabilities.
60
2014
Rs
81,335,541
2013
Rs
84,704,813
79,678
709,469
5,215
4,531
15,599,343
15,381,282
Total
97,019,777
100,800,095
Bank of Mauritius
State Bank of Mauritius Ltd (Main Account)
Barclays Bank
2014
Rs
2013
Rs
5,327,600
4,827,800
20,477,354
21,631,781
10,606,682
10,851,519
14,847,000
14,847,000
88,800
88,800
2,621,970
2,621,970
53,969,406
54,868,870
61
62
Following my comments last year, the RRA informed that the RTMC was working on a
business plan to strengthen its financial situation in order to salvage it from the current
precarious situation. As of April 2015, neither reimbursement of the advance had been
effected nor the right for seizure had been exercised, as stipulated in the contract.
RRAs Reply
Covering approval has been obtained by the Executive Council, at its meeting of 27 June
2014, to extend the delay for one additional year which expired on 17 February 2015.
The RTMC has now worked out its strategic plan to review its structure and revigorate its
activities to render itself sustainable.
The RTMC has received guaranteed price from the Agricultural Marketing Board for
onions, lemons, garlic, red beans and turmeric powder.
4.9.3 Deposits - Rs 78,321,286
The total balance of deposits held at the RRA, under different Commissions, amounted to
Rs 78,321,286 as of 31 December 2014, and is as shown in Table 4-8.
Table 4-8 Balance of Deposits held as of 31 December
Commission
2014
Rs
56,892,273
2013
Rs
53,566,829
259,453
267,065
16,868,144
2,811,047
451,482
176,228
2,447,874
307,812
1,368,784
2,607,974
33,276
22,715
78,321,286
59,759,670
Housing,
Total
63
64
The purpose for which these amounts had been received and for which they should be repaid
was not known. Financial regulations provide that In cases where circumstances preclude a
direct credit to revenue, receipts may be placed on deposit, but officers should take care that
no amounts are accepted as deposits unless fully justified. In cases of doubt, reference should
be made to the Accountant-General.
A deposit should not be retained for a longer period than is necessary and should either be
repaid at the first opportunity or transferred to revenue. Before transferring to the
Consolidated Fund, the RRA needs to ensure that the purpose for which the amount was
placed on deposit had been fulfilled.
4.9.4 Rodrigues Consolidated Fund (RCF) - Rs 19,739,195
The Rodrigues Consolidated Fund was established under Section 75D of the Constitution.
Section 42 of the RRA Act mentions the revenue that are to be credited to the Fund, namely
money appropriated by the National Assembly (NA) and all revenue collected by the RRA.
During 2014, the RRA had transferred funds for a total amount of Rs 27,761,500, standing to
the credit of the RCF, to a Deposit Account. Thereafter, payments were made from the
deposit account in the same year. Details are as in Table 4-9.
Table 4-9 Transfers from Rodrigues Consolidated Fund to Deposit Accounts
Date
Description
24.07.2014
Acquisition of CT scan
21.07.2014
3,600,000
23.07.2014
1,000,000
Total
Amount
Transferred
Rs
23,161,500
27,761,500
65
RRAs Reply
In order to be transparent and accountable, RRA is in the process of ensuring that in the
forthcoming amendment to the RRA Act, provision would be made for a motion to be
approved by the RRA for any supplementary expenditure.
4.10 Abstract Account of Revenue and Expenditure of the RCF
4.10.1 Financial Allocation to RRA
In September 2013, Government approved a budget allocation to RRA in the sum of Rs 1,950
million, comprising Rs 1,550 million for recurrent grant and Rs 400 million for capital grant.
The actual amount of grant received was Rs 2,170,913,800, including an amount of
Rs 220,913,800 as additional contribution from the Programme 311- Rodrigues
Development of the Prime Ministers Office. Revenue collected by the RRA amounted to
Rs 25,356,042, thus bringing total revenue to Rs 2,196,269,842.
4.10.2 Revenue
Revenue for 2014 has decreased substantially when compared to the previous year. The total
amount collected under various Items was Rs 25,356,042. Details are as shown in Table 4-10.
Table 4-10 Revenue Collected by RRA during the Past Three Financial Years
Item
Taxes
2014
Rs
2013
Rs
2012
Rs
2,850,524
2,237,875
2,263,250
470,393
618,705
181,869
Other Revenue
22,035,125
27,285,671
24,653,891
Total
25,356,042
30,142,251
27,099,010
Social Contributions
Property Income constitutes the main source of revenue of RRA and includes income from
the lease of lands for agricultural, commercial, residential and industrial purposes. There was
a decrease of some 23 per cent in revenue from Rs 13,630,026 in 2013 to Rs 10,374,939 in
2014.
RRAs Reply
Legal notice is being sent to all lessees having arrears of more than Rs 100,000.
66
4.10.3 Expenditure
Total expenditure of the RRA over the past three financial years is as shown in Table 4-11.
Table 4-11 Expenditure of the RRA
Fiscal
Year
2012
Recurrent
Expenditure
Rs
1,399,776,229
Capital
Expenditure
Rs
402,980,917
Total
Expenditure
Rs
1,802,757,146
2013
1,581,492,739
392,500,382
1,973,993,121
2014
1,706,610,735
485,324,929
2,191,935,664
Total
4,687,879,703
1,280,806,228
5,968,685,931
During the financial year 2014, total expenditure amounted to Rs 2,191,935,664 which
exceeded the budgeted amount of Rs 1,973,000,000 by Rs 218,935,664. The additional
expenditure of Rs 218,935,664 was financed from additional contribution/funds made
available by the Prime Ministers Office to the tune of Rs 220,913,800.
Total expenditure incurred during 2014 excluded an amount of Rs 27,761,500, for which no
provision was made in the budget, but which was paid out of the RCF through deposit
accounts. In addition, payments of pension, gratuities and passage benefits totalling some
Rs 92 million in 2014 were met by the Accountant Generals Office for employees of the
RRA.
Control over Expenditure
Control over expenditure is the responsibility of the respective Accounting Officers, that is
the Departmental Heads. A scrutiny of payments vouchers for December 2014 drawn by
different Commissions revealed that authority for payment was not always quoted on the
payment vouchers and payrolls were not always approved by the Accounting Officers. As
such, there is a risk that payments may not have been authorized and any inaccurate data on
the payroll might have remained undetected.
RRAs Reply
A circular has been issued to all Accounting Officers for them to approve monthly payrolls.
4.11 Statement of Investments
A total amount of Rs 42,588,590 was invested as equity in six private companies set up by
the RRA. The position as of 31 December 2014 is shown in Table 4-12.
67
15-Nov-06
Total
investment as
of 31-Dec-14
Rs
2,000,000
29-Oct-07
17,000,000
30-Jun-06
4,000,000
08-Jun-07
6,400,000
19-Sep-07
10,188,590
12-Jan-10
3,000,000
Rodrigues
Housing
Development Co. Ltd
Date of
Incorporation
&
Property
Total
Winding
up in
process
since
Aug-2012
Apr-2012
Mar-2012
42,588,590
Five of the six companies are fully owned by the RRA whilst the RTMC has the State
Trading Corporation as a minority shareholder in the proportion 60:40.
4.11.1 Winding Up of Three Companies
Three companies, namely, Rodrigues General Fishing Company Ltd, Rodrigues Water
Company Ltd and Rodrigues Housing and Property Development Company Ltd have been in
the process of winding up since 2012. RRA had invested some Rs 26.4 million in the shares
of these three companies, as of 31 December 2014.
As of 30 April 2015, the three companies had still not been wound up. The process of
winding up the three companies, which involves selling all the assets, paying off creditors,
and distributing any remaining assets to the RRA as sole shareholder, and then dissolving the
companies, has not been completed yet.
RRAs Reply
Liquidation for two companies, Rodrigues General Fishing Co. Ltd and Rodrigues Housing
and Property Development Co. Ltd, has been completed. Action is now being initiated to pay
the creditors.
68
2014
Rs
82,694
2013
Rs
78,526
2012
Rs
68,476
Judicial
302,700
153,600
1,103,927
24,535,816
20,118,769
23,392,403
1,469,834
1,469,834
1,469,834
Water Unit
2,245,404
2,021,972
1,893,287
139,585
81,025
720
594,203
594,203
627,203
19,000
63,750
NHDC Houses
1,123,340
881,025
745,670
Sand Removal
12,080
12,887
12,686
Tourist Enterprise
16,000
30,521,656
25,430,841
29,377,956
Rental kiosk
Total
An analysis of arrears accumulated over the years revealed that the slow recovery rate was
due, to a large extent, to ineffective enforcement measures. The following were noted:
Claims in respect of water rates were not made on time.
The issue of reminders and statements of accounts appear not to be effective in recovery
of arrears.
The penalties and surcharges levied on claims did not serve as deterrent to defaulters.
Certain fees, rates, and dues were so low that they may not represent a priority for
recovery.
There is an urgent need to review not only the fees, dues and rates, but also the mechanism
for collection and enforcement.
69
Number
of Leases
Arrears of
Revenue
2014
Rs
Arrears of
Revenue
2013
Rs
%
Increase
13,400
14,087,987
11,914,940
18
Agricultural
608
435,264
397,535
Commercial
553
2,128,545
1,292,742
65
Industrial
342
7,884,020
6,513,552
21
14,903
24,535,816
20,118,769
22
Residential
Total
70
Measures need to be taken to enforce payment. Legal means should be contemplated against
defaulters
RRAs Reply
Reminders were sent to debtors in January/February and 30 debtors out of 48 have responded
positively. Fresh reminders will be sent to those who have not cleared their accounts.
4.12.4 Water Unit - Rs 2,245,404
Arrears of water rates had been increasing constantly over the years. I was informed that
recovery of arrears is time consuming and involves much administrative work. It is to be
noted that the same rate of Rs 22 per year is being applied for years. High investment has
been made in the water sector in Rodrigues, and the Rodrigues Water Rates Regulations of
1928 may no longer be appropriate in the actual context and needs to be reviewed.
RRAs Reply
The Legal Adviser has been requested to draft new regulations but being given that water is
not supplied on a regular basis, it was decided not to review the water rates for the time
being.
71
Amount
Rs
5,119,198
21,513,043
4,715,019
Total
31,347,260
Company
72
73
2013
Rs million
2014
Rs million
2015
Rs million
Total
Rs million
36.6
23.3
17.0
76.9
Livestock
54.0
18.2
22.2
94.4
Total
90.6
41.5
39.2
171.3
Projects are financed under the item Food Security Fund of the Ministry of Agro Industry
and Food Security (MAIFS). In December 2014, an amount of Rs 8 million was credited to
the FSF Deposit Account, maintained by the Rodrigues Regional Assembly (RRA). Some
Rs 14.5 million stood to the credit of the Deposit Account as of 31 December 2014.
4.14.2 Slow Implementation of Projects
The implementation of projects in Rodrigues had been slow.
Of the 21 projects mentioned in the Strategic Plan 2008-2011, only four projects had been
implemented at a total cost of some Rs 69 million, representing only 37 per cent of the
funds earmarked in the Strategic Plan.
As for the 18 projects mentioned in the 2013-2015 Strategic Plan, only one project had
been implemented in 2014 for funds amounting to some Rs 629,600.
The assistance of the Food and Agricultural Organisation (FAO) was sought for the
preparation of project proposals which the RRA intended to present for funding to the FSF in
Mauritius. Accordingly, a report on Strengthening the capacities of agricultural services in
Rodrigues was submitted in October 2014, where a series of proposals and recommendations
was made. As of 30 April 2015, that is some six months after the submission of the report, no
development was noted in that respect.
Most of the objectives set for Rodrigues, in the Strategic Plan 2013-2015, had not been met
as of 30 April 2015. It is doubtful that these objectives would be attained as the second
Strategic Plan would reach its terminal phase in some eight months time, that is, in
December 2015.
RRAs Reply
As of 22 June 2015, the following schemes have already been approved by the Executive
Council and are being processed:
74
Provision of subsidy in favour of eligible local planters for the purchase of power
tillers
Assistance to five entrepreneurs for the setting up of five black pig model farms
Assistance to cattle, goat and sheep breeders for the setting up of 10 integrated farms
Three other schemes are being worked out, namely: Subsidy for the purchase of bird
nets, Setting up of five model orchards and Subsidy for the purchase of fencing by
farmers.
A new Bulldozer has been procured and the Executive Council has already approved the
purchase of six additional tractors to improve land mechanisation services over the island.
Funds for these projects would be made available under the FSF Deposit Account and the
RRA budget for 2015. The above projects will be completed by December 2015.
4.14.3 Projects implemented under the Food Security Fund
A review of some of the projects implemented under the FSF was carried out and the
following were noted:
Construction of Slaughter House
At paragraph 4.23.2 of the Audit Report for the year ended 31 December 2013, I reported that
several files relating to the construction of the slaughter house and the supply of equipment
were secured by the Independent Commission Against Corruption (ICAC) in March 2014 and
this had hampered the detailed examination of the project. As of April 2015, these files were
still in the custody of the ICAC.
Total payments made to the Contractor for the construction of the slaughter house amounted
to Rs 44,169,585 as of 31 December 2013, out of the contractual sum of Rs 56.2 million. No
payments had been effected in 2014.
The completion date of the project had been extended several times due to slow execution of
works. I was informed that the building was finally handed over in 2014, but documents were
not available to confirm the exact date of the handing over.
On 9 February 2015, during a site visit by a team comprising Members and Senior Officers of
the RRA, it was decided to operationalise the slaughter house by end of March 2015, by
equipping same to enable the slaughter of pig, cattle, sheep and goat for butchers operating at
Port Mathurin market.
In that respect, a team of Technical Officers of the Commission for Agriculture was
constituted to come up with a report, indicating amongst others, a list and specifications of
equipment required for the running of the slaughter house, quantities of construction
materials to be purchased, with specifications and a training programme for those who will be
called upon to operate the slaughter house.
75
76
77
The Rain Water Harvesting structure has been connected to the irrigation line on
28 May 2015 and water is being distributed to the planters of Anse Ally. It is reported that
as of June 2015, some 20 planters are connected. The planters have been trained on water
distribution and are managing the network themselves.
The yard and feeder canal will be cleared shortly.
Setting up of Chili Village
A Chili Village was set up at Baladirou in 2013 which required land derocking/preparation of
land, fencing, provision of seedlings and seeds, installation of the irrigation network,
installation of a family drip with water tank, and the provision of technical advice to the
planters. 50 persons benefited from the scheme and were allocated land for chili cultivation
for an extent of 12,000 m2.
Observations
According to a status report prepared by the Commission for Agriculture, dated
6 May 2014, of the 50 beneficiaries, only six were still involved in chili plantation. The
number of chili plants owned by these six beneficiaries ranged from 2 to 10 plants
making a total of 31 plants over a total area of land of some 1,000 m2.
In July 2014, the Agricultural Services started the excavation of a pond to enable rain
water harvesting for the chili planters. As the soil was rocky and the excavator of the
Commission was not equipped with a hammer head, the excavation work had to be
stopped. It was only in November 2014, that is some four months later, that a request was
made to the Commission for Public Infrastructure, for the services of an excavator
equipped with a hammer for the completion of the excavation work. As of 30 April 2015,
the excavation work had not been completed.
RRAs Reply
Of the 50 beneficiaries, 35 suffered from plant losses with the passage of cyclone Bansi
on the island in January 2015.
The excavator of the Commission for Public Infrastructure was not made available to the
Commission for Agriculture since it was involved in other works. Necessary actions are
being undertaken to contract out the excavation works.
4.14.4 Support Facilities Offered by the Agricultural Services
In order to provide certain facilities to the planters/farmers community to boost up crop and
livestock production, the Agricultural Services are supported by its two main sections,
namely Crop Section and Livestock Section.
78
Crop Section
The crop production is serviced by four crop stations as listed in Table 4-17
Table 4-17 Crop Production at the Crop Stations
Crop Station
Area
Main objective
Citronelle
3,395 m2
Oyster Bay
3.2 hectares
2,932 m 2
In addition to funds made available under the FSF, provisions were also made through the
yearly budget. The budgeted expenditure for Programme 802: Crop Production for 2014
was Rs 44.1 million and actual expenditure amounted to Rs 46.2 million.
Observations
The land available was not fully utilised. A major portion of the land was either left idle
or given on loan. For example, the area under seed production at Oyster Bay station was
of an extent of 5,940 m2, out of which 4,609 m2 were given to certain Cooperative
Societies in July 2014.
From records available, production of seeds/plants in the different stations was negligible
for 2014.
RRAs Reply
The decrease in area cropped on the four stations is mainly due to unavailability of
manual labour to crop the land available. Several staff members had retired from the
service without replacement and most of the remaining ones have grown old.
The question of giving on loan land on agricultural stations to Cooperatives is a policy
decision of the RRA in view of reviving the agricultural plots, while at the same time
providing a source of revenue to the beneficiaries.
79
For 2015, the target is to crop 1.23 ha of land on these stations with an expected
production of 1.75 tonnes of seeds with the assistance of 50 Employment Relief
Programme labourers.
Livestock Section
The budgeted expenditure for Programme 803: Livestock Production for 2014 was
Rs 32.3 million and actual expenditure amounted to Rs 30 million as at 31 December 2014.
In addition to certain facilities offered to breeders, the mandate of the Agricultural Services
includes the production of animal species of improved breed for sale to breeders, either for
fattening or milk production. To provide for the service, three Livestock Production Units
(LPU) are in place, namely:
LPU
Purpose
St. Gabriel
Baie Topaze
Production of pig
Crab Island
Production of sheep
Due to limited space in the weaners pen, some 80 of the 134 weaners had to be kept
in the maternity pen
80
About 134 kg of feed had to be provided for the weaners daily. This is an unnecessary
cost to the organisation as if the weaners were already sold, there would have been no
feeding cost.
There was a high demand for piglets/weaners. As of March 2015, there were requests for
some 300 piglets, some dated as far back as 2013. The last sale of weaners took place in
September 2014, where out of 22 weaners sold at a weight price of Rs 40 per kg for
Rs 49,080, seven were of some 100 kg and 15 were of an average of 35 kg. This defeats
the objectives of the Unit since instead of selling piglet/weaners to breeders, mature pigs
were being sold.
The Crab Island LPU has, as objective, the production of sheep to be sold to breeders.
15 staff members, including six Watchmen, were in post as of 4 April 2015 and the
strength of animals as at that date consisted of 146 heads, comprising three reproductive
rams, 77 reproductive ewes, 23 young rams, 38 young ewes, three male lambs and two
female lambs. Conditions noted were not conducive for achieving the objectives, as
shown hereunder:
The 146 heads were left together in the open shed after grazing. This could have a
bearing on the type of breed produced. Thus, production of animal species of
improved breed for sale to breeders for their breeding requirement may not be
attained.
There was an increasing trend in the number of heads kept at the LPU due to sale not
being effected. The last sale dated as far back as September and October 2014 where
36 young rams and five female weaners were sold for a total amount of Rs 73,650 and
Rs 4,200 respectively. The average weight of the rams sold was 41 kg, which was
some 173 per cent above the normal average weight of 15 kg. This situation gave rise
to additional cost to the LPU in terms of feeding the animals beyond schedule.
The Strength Book prior to 20 May 2014 was not made available. It was reported to
be untraceable.
In addition to grazing, the animals were fed with ruminant feed. However, since
January 2013, no ruminant feed was provided and the animals were fed entirely from
grazing. The grazing area was in a neglected state and was not segregated into
different lots so as to keep the animals separately. Wild grasses had invaded the
grazing area. Accacia trees were tall, not properly maintained and pruned to enable
the animals to feed themselves. Access to the acacia plantation was also difficult for
the animals.
RRAs Reply
The stock of milk cattle at St Gabriel LPU has grown old. Consequently, the milk
production capacity of these animals has decreased. The Commission for Agriculture will
soon buy a new stock of dairy cattle to replace the actual stock found at St Gabriel.
For pigs, some 57 weaners were put on sale to applicants on 1 June 2015. The seven
weaners having reached 50 kg live weight will be used as replacement stock for old sows
requiring culling.
81
The Sales Committee will ensure a monthly sale of animals as from June 2015, as far as
possible. The possibility of putting the Baie Topaze LPU at the disposal of a Cooperative
Society is being studied at Policy Level. The modus operandi for the operation of same by
the Cooperative Society is under preparation.
As regards Crab Island, the shortcomings are being noted for necessary remedial actions.
Conclusion
The time frame for the implementation of the 2013-15 Strategic Plan is nearing its end.
Measures proposed therein, which address the immediate need for an increase in the
production of food commodities and prepare the way for a stronger food system, have still
not been implemented.
4.15 Grant to Co-operatives Federations
On 29 August 2014, the Executive Council approved the implementation of the Land
Mechanization and Pasture Development Projects, through two Co-operative Federations in
Rodrigues. On 4 December 2014, a one-off grant of Rs 2 million was given to one of the
Federations for purchasing a tractor for land mechanization and Rs 1 million to the other
Federation for pasture development.
However, a Memorandum of Understanding/Grant Memorandum, setting out the conditions
of the grant and the responsibilities of each party, was not signed between the Commission
and the two beneficiaries.
As of 30 April 2015, nearly five months after the amount of Rs 1 million had been disbursed
for pasture development, same had not yet been utilized. A request made by the Federation,
to obtain two plots of land of a total extent of 9.17 hectares for pasture development, had not
yet been entertained by the Commission.
Recommendation
There is a need to properly draw a Memorandum of Understanding/Grant Memorandum
between the parties concerned, setting out their respective responsibilities.
RRAs Reply
Actions are being initiated for the drafting of the Memorandum of Understanding/Grant
Memorandum.
The request for land for pasture development is being given due consideration. The
procedures are being delayed since the GPS of the Land Unit of the Commission has been
damaged and same has been sent to the supplier for repairs.
82
83
RRAs Reply
The Commission, in collaboration with the Centre de Cooperation Internationale en
Recherche Agronomique pour le Developpement (CIRAD), is working on a quality approach
for the promotion of the Rodriguan honey. The Honey Centre will be renovated and
converted into a Honey Processing Unit to be managed by a Beekeeping Association. A
business plan is being finalised for the operation of the Honey Processing and Bottling Unit
by the Association and the honey processing equipment will be vested in the Association. An
agreement will be entered between the Commission for Agriculture and the Association.
84
85
Project
Construction/Upgrading of
road from Graviers to
Coromandel Phase 2
Road maintenance around
the Island
Road repairs around the
Island
Upgrading of road from
P.Gabriel to St Gabriel
Resurfacing of road from
Fond Baie aux Huitres
towards Fond La Bonte
Upgrading of Access road at
Pointe L'Herbe
Value ( Rs)
Contractual
Start Date
Contractual
Completion
Date
87,622,957
23 June 2014
8 Dec 2014
2,516,890
21 July 2014
21 Sep 2014
3,777,768
15 Sep 2014
28 Nov 2014
12,284,553
8 Oct 2014
28 Nov 2014
9,052,063
28 Oct 2014
25 Nov 2014
4,393,216
13 Nov 2014
20 Dec 2014
86
(a) No Feasibility Study. The Construction of the road, from Graviers to Coromandel was of
a length of 3.8 km. The project was split into two phases. Phase I involved resurfacing
works for a contractual amount of Rs 37,959,191. Works started on 17 October 2013 and
were scheduled for completion on 27 December 2013. Works Order No 2, for Phase II of
the project, was issued on 16 June 2014 for an amount of Rs 87,622,957. The Contractual
Completion date was 8 December 2014.
According to the Capital Project Process Manual, any project exceeding Rs 100 million
shall be subject to a feasibility study. The implementation of both phases could have been
considered together; in which case a feasibility study would have been carried out
highlighting amongst others, a clear, accurate and specific understanding of the need for
the construction of the road.
(b) Extension of Intended Completion Date. Of the 11 Works Orders issued, eight projects
were delayed, of which three were still ongoing as of 30 April 2015.
For the: Construction and Upgrading of Road from Gravier to Coromandel, works for
the first phase of the project were practically completed on 6 May 2014, that is with a
delay of 130 days. Final payment of Rs 5 million was made on 8 December 2014. As
approval for the extension of time was not obtained, liquidated damages amounting to
Rs 1,625,000 should have been applied.
Works Order No 5: Upgrading of Road from Petit Gabriel towards St Gabriel was
issued on 3 October 2014 to Contractor A for an amount of Rs 12,284,553. Works started
on 8 October and were to be completed by 28 November 2014. Works were still ongoing
as of April 2015. Neither an application nor approval for extension of time was seen. The
delay could be due to the Contractor requesting the intervention of the CPI regarding
several issues that were not cleared before issuing the Works Order.
In four Works Orders, Contractor A requested for the extension of the intended
completion date due to bad weather. The Contractor submitted only letters informing the
Commission about the inclemency of weather but no evidence was submitted to that
effect, as stipulated in the Particulars Conditions of Contract. In two cases, materials were
not available due to shipments not being made on time. Reasons thereof were not
adequately supported.
(c) Site Meetings. For Works Order No 2, the Engineer did not carry out regular meetings for
proper supervision and monitoring of works. Although works were still ongoing as of
April 2015, the last meeting was held on 15 December 2014. For Works Order No 4
Road repairs around the island, notes of site meetings were not seen in the relevant file.
As such, issues arising during the execution of works were not known.
(d) Variation Works. The scope of work, for Works Order No 2 and Works Order No 4, was
not properly defined. During execution of works, the Contractor had recourse to variation
works for which no prior written approval of the Engineer was seen. Variation works for
total amounts of some Rs 4.8 million and Rs 693,280 respectively, were paid to the
Contractor.
(e) Ancillary Works. Works Order No 2 also included certain ancillary works, which could
have been performed by small and medium (SM) Contractors, other than the Road
87
Contractor. A comparison of the prices quoted for these ancillary works revealed that the
amounts quoted by Contractor A were higher than those quoted by a particular SM
Contractor.
Had road works only been entrusted to Contractor A and ancillary works to the SM
Contractor, the CPI could have saved some Rs 4.4 million, in the cost of
Works Order No 2.
(f) Laboratory Tests. Testing of materials was only done at the Contractors laboratory. No
comments from the Project Engineer was seen made on test results obtained from the
Contractors own laboratory to ascertain that the quality of material supplied complied
with the requirements of the bidding documents. There was also no evidence whether
tests done for ascertaining the quality of works undertaken, were as per standard.
4.18.2 Improvement of Public Infrastructure in Villages
A total amount of some Rs 18.9 million was disbursed in 2014 under Programme 506:
Improvement of Public Infrastructure in Villages.
On 4 August 2014, the CPI entered into a contract with Contractor B for the construction of
4.75 km track roads and minor civil works in five local regions in Rodrigues for an amount of
Rs 12,392,417, inclusive of VAT. Each region was allotted an equal amount of Rs 2,478,483.
However, five Works Orders were issued under the above contract for a total amount of
Rs 15,434,334 which represented an increase of 24 per cent over the original contract value.
The Performance Security, again, did not cover for Works Orders in excess of the contractual
amount, that is Rs 3,041,917 since it was not adjusted to reflect the increase in contract value.
Recommendations
Projects should be implemented within available budget and variances need to be justified.
Test results from Contractors laboratory should be duly approved by the Engineer. The
specifications for materials used in road works should be tested to ensure that quality was
according to specifications. Core testing on completed Works Orders should be done at an
independent laboratory approved by the Engineer. The Contractor should justify bad weather
conditions and should take necessary precautions so as not to run out of materials during the
implementation of projects. Ancillary works could be awarded to small and medium
Contractors whenever the prices quoted are lower than the Road Contractor.
4.19 Revetement Wall
At paragraph 4.25 of the Audit Report for the year ended 31 December 2013, I commented
on the construction of a Revetement wall at Oyster Bay, for containing the dredged
materials arising from the desilting works at Oyster Bay and Pointe Monier, which was
undertaken by the Mauritius Ports Authority.
88
I also stated that the wall was completed on 30 June 2008 but dredging materials had not
been deposited within the wall structure. Payments amounting to Rs 26,325,949 had been
made to the Contractor but follow up of the project could not be made, as the files and all
related documents were in the custody of the Independent Commission Against Corruption
(ICAC) for enquiry.
As of 30 April 2015, all documents were still with ICAC.
4.20 Installation of four Reverse Osmosis Desalination Plant
4.20.1 Introduction
On 11 October 2013, the contract for the installation of four Reverse Osmosis Desalination
Plant, with a designed capacity of 1,000 m3/day each, with associated civil works in four
different locations in Rodrigues, namely at Pointe Venus, Baie Malgache, Pointe Coton and
Caverne Bouteille, was awarded to a Contractor for an amount of Rs 156,101,613, inclusive
of VAT.
The Contractor was, in fact, a joint venture between two contractors in the same line of
business, incorporated on 7 August 2013.
The Contractor was to design, supply, install and commission the Reverse Osmosis
Desalination Plant, including training of personnel to operate the Plant and maintaining of
same during an initial compulsory period of six months following their successful
commissioning.
The works were to be completed on 10 April 2014, that is a completion period of 20 weeks
as from the date of commencement of work, which was 21 November 2013.
4.20.2 Approval of Project by the Project Plan Committee (PPC)
Initially, the installation of each Plant was considered as a separate project, and the
Commission submitted four projects to the Project Plan Committee (PPC) for consideration.
Approval of same was obtained in December 2012, for inclusion, in the Public Sector
Investment Programme (PSIP) 2013-15, for the installation of the four Desalination Plant of
capacity 500 m3 per day for an amount of Rs 50 million each. The attention of the
Commission was also drawn to the following A proper assessment needs to be conducted to
develop a long term strategy for water sector in Rodrigues, incorporating other alternatives
such as desilting of dams, improvement of water distribution network, setting up of
appropriate framework for the regulation and management of water sector, together with the
introduction of water pricing.
Had the desalination project been considered on an integral basis, a feasibility study should
have been undertaken since the total cost of the project exceeded the threshold of
Rs 100 million, as prescribed in the Investment Project Process Manual. Such study would
have defined the scope of works, identifying the location and availability of sites,
requirement in terms of infrastructure, risks associated with the project, financing of project,
and ways to recoup the amount invested.
89
2014
Rs million
Total
Rs million
31.2
68.2
99.4
34.0
34.0
Others
0.4
9.0
9.4
Total
31.6
111.2
142.8
The amount of Rs 31.2 million, paid in 2013, represented an advance payment made to the
Contractor for the installation of the four Reverse Osmosis Desalination Plant.
Expenditure incurred during 2014 had exceeded the initial budgetary provision by some
Rs 11.2 million. The contract for the supply and installation of the four Reverse Osmosis
Desalination Plant, as reported below, was terminated on 5 February 2015 due to nonperformance of the Contractor. Had the contract been on-going, actual expenditure would
have largely exceeded the budgetary provision.
4.20.4 Bidding Process and Award of Contract - Rs 156,101,613
Bids were invited on 13 June 2013, both locally and internationally, using the Open
Advertised Bidding as method of procurement. Twelve bids were received, of which three
90
were substantially responsive. These were evaluated on the basis of cost and discounted
value of operational cost for five years. There was no clause in the bidding documents as to
what course of action to take in case the successful Contractor could not contain the
operation costs for the next five years, within the amount quoted. Table 4-20 shows a
comparison between two bids.
Table 4-20 Comparison of Offers
Successful Bidder
Amount
Rs
Offer Price
Discounted value of operational cost
Total
156,101,613
150,570,777
98,432,728
150,948,848
254,534,341
301,519,625
In line with the Public Procurement Act, the successful bidder, as well as other bidders, were
notified in writing of the name of the proposed successful bidder and the price of the
contract.
Subsequently, one aggrieved bidder made an application for review to the Independent
Review Panel (IRP) on 8 October 2013. The Commission issued a Certificate of Urgency to
the Panel on 10 October 2013 under the Public Procurement Act, certifying that urgent public
interest considerations required the procurement proceedings to proceed.
The successful Contractor was then awarded the contract, on 11 October 2013, based on total
least cost of Rs 156,101,613. Although a Certificate of Urgency was issued on 10 October
2013, works started only on 21 November 2013.
4.20.5 Site Investigation
Being a Design and Built contract, the scope of works included a site investigation and the
gathering of all data necessary for the proper design of the Desalination Plant at the four
locations/regions identified for their construction.
Site investigation had not been carried out effectively by the Contractor, thus delaying
project implementation. In April 2014, according to the notes of site meetings, the exact
locations for drilling of boreholes were not yet identified. Details were as follows:
At Baie Malgache, it was difficult to find sea water on drilling of boreholes.
Consequently, the Contractor proposed a sea intake instead of a beach intake.
At Pointe Venus, the Contractor stated that there was lava rock on drilling, and thus had
to drill at other places.
At Caverne Bouteille, the Contractor was informed of the presence of iron in the raw
water. A firm solution was not found to this problem. As a temporary measure, the
91
Contractor proceeded with the extraction of water from an existing well. The Contractor
was, thus, paid an amount of some Rs 756,000 for the construction of a borehole, which
was not actually being used.
Had a proper study been carried out to identify the location of drilling points before the
launching of tenders, the contract could have been awarded on a built only basis. This
would have avoided, to some extent, the delay in the implementation of the project.
4.20.6 Non Compliance with Conditions of Contract
Advances Not Recouped - Rs 14,829,653
An advance payment of Rs 31,220,322, representing 20 per cent of the contract value, was
made in November 2013. It was secured by an advance guarantee security, which remained
valid until the date of completion or date of taking over or November 2014, whichever comes
last. This amount was to be recouped on successive interim payments based on the
percentage of value of work certified.
As of date of termination of contract, an amount of Rs 14,252,756 (exclusive of VAT) had
been reimbursed. This amount had been wrongly calculated at a percentage of 52.5 of
amount advanced, instead of as a percentage of value of works certified. The amount to be
recouped would have been Rs 16,346,263. The advance had thus been insufficiently
recouped by an amount of Rs 2,093,507.
On 9 February 2015, the Commission for Public Infrastructure informed the Contractors
bank that it should credit the RRA account at the Bank of Mauritius with the sum of Rs
14,829,653 which represented balance outstanding as per the terms and conditions of the
advance security issued by the Bank on 6 November 2013. As of 30 April 2015, the amount
had not yet been recouped.
Liquidated Damages
Since the project was not completed on the due date of 10 April 2014 and the Engineer had
not approved any extension of time, the Contractor was liable to pay liquidated damages at
the rate of Rs 20,000 per calendar day, up to a maximum of two per cent of the contract value
per site.
The Conditions of Contract states that delay damages shall be paid for every day between
relevant Time for Completion and the date stated in the Taking-Over certificate. The
Contractor had stopped works on two sites since June 2014. However, interim payments
were being made during the period June to November 2014. Given that the contract had been
terminated, Taking over Certificate will not be issued. Liquidated damages amounting to
some Rs 2.8 million had not been applied to the maximum.
RRAs Reply
Liquidated damages could not be applied prior to the issue of the Taking Over Certificate. As
the contract has been terminated, maximum delay damages as stated in the Appendix to Bid
will be applied. The final account is being prepared by the Consultant and would include
retention of liquidated damages as per the conditions of contract.
92
Warranty Period
The tender documents specified that the Reverse Osmosis Plant should have a warranty
period of two years. The warranty certificate was not seen. I was informed that warranty
certificate could not be issued as the contract was terminated before the successful
commissioning of the plant. Nevertheless, in case of a breakdown/problem with any of the
items of equipment, it would be difficult to determine who would bear the cost of repairs or
replacement.
4.20.7 Termination of Contract
The project, which was to be completed by 10 April 2014, had been seriously delayed. On
15 December 2014, the Consultant gave formal notice to the Contractor to complete all
outstanding works by 31 January 2015. However, no works had been done as per the list of
works submitted. Consequently, the Contract was terminated on 5 February 2015, in
accordance with the Conditions of Contracts due to non-performance of the Contractor and
failure to execute works as per terms and Conditions of the Contract. The Performance
Security of Rs 15,610,161 was forfeited and credited to the RRA account.
As per the Conditions of Contract regarding Termination of Contract, the Contractor was to
leave the site and deliver all documents made by or for him. No As-built drawings and
operational manual were submitted to the Commission.
Qualification and Experience Criteria
According to the Instructions to bidders, the bidder should have carried out at least five
projects in works to produce potable water, using Reverse Osmosis Technology, within the
past five years, each with a value of at least Rs 20 million. However, the project value
exceeded Rs 156 million and was in respect of the design and setting up of four distinct Plant
of 1,000 m3 in four different locations. As such, it was not known whether the qualification
and experience of the Contractor were adequate enough, taking into account the wide scope
of this particular project.
It appeared that the Contractor was facing cash flow difficulties. A Sub-Contractor
complained that he had not been paid an amount of some Rs 4.6 million for building and civil
works done for the Main Contractor.
Disqualification of Contractor
On 24 March 2015, the Procurement Policy Office (PPO) was informed that the contract was
terminated on 5 February 2015 due to poor performance of the Contractor. Proposal for
disqualification of the Contractor, as per the Public Procurement (Disqualifications)
Regulations 2009 was not seen.
RRAs Reply
A recommendation will be submitted to the PPO to consider the disqualification of the
Contractor.
93
94
maintenance of the pumps when the Desalination Plant at Pointe Cotton and Baie Malgache
would be operational, would be difficult to address in the absence of these manuals.
RRAs Reply
The proposal of the Contractor was assessed and recommended by the Consultant. The
Contractor was executing similar works under the original contract and was therefore
qualified to execute the additional works under the variation.
It was urgent that these two stations be equipped on time to be ready for the
commissioning of the two respective Desalination Plant.
4.20.11 Site Visits - Status of Projects
My Officers, accompanied by Officers of the Water Unit, carried out a site visit on 18 March
2015. It was observed that the installation of the Desalination Plant at Pointe Cotton and Baie
Malgache was far from being completed. It was estimated that 35 per cent of the equipment
procured had already been delivered. Same were stacked in the building constructed for
housing the Plant.
At the other two sites, Pointe Venus and Caverne Bouteille, the Plant had not yet been
commissioned and were operating at less than 50 per cent of their capacity. According to
records kept, the production of water was some 400 m3 per day. This is low as compared to
that mentioned in the condition of contract of the bidding documents. My Officers were
informed that the maximum capacity could not be achieved as a major component, namely
the energy recovery device has broken down on one of the two trains at each plant.
Besides, the risk of operating equipment/plant which had not yet been commissioned, cannot
be ignored.
Conclusion
It is a known fact that one of the main problems in Rodrigues is the shortage of water. There
was an urgency on the part of the RRA to attend to this problem. Owing to the fact that an
aggrieved bidder made an application for review at the IRP, the RRA issued a Certificate of
Urgency certifying that urgent public interest considerations required the procurement
proceedings to proceed. The contract, awarded in October 2013 for an amount of some
Rs 156 million, was terminated in February 2015 due to poor performance of the Contractor.
As of 30 April 2015:
None of the four Desalination Plant had been commissioned. Two of them were not
completely installed although some 35 per cent of the equipment procured had been
delivered and were lying in the buildings constructed for housing these plant. As for the
other two Plant, they were operating at some 50 per cent capacity each.
Funds to the tune of some Rs 99.4 million have been disbursed up to 31 December 2014
for the supply and installation of the four Reverse Osmosis Desalination Plant. Advance
payment of some Rs 14.8 million had not yet been recouped
95
Action had not yet been taken to launch fresh tenders for the completion of the project. It
was not known how much more the RRA would need to disburse to complete the Project.
Cost estimates for completing the two Plant which were operating at 50 per cent capacity,
have been worked out. No cost estimates had been worked out for the other two Plant.
In view of the fact that the problems of water shortage in Rodrigues had not been fully
resolved, the Commission could not proceed with a revision of water tariff, which is
being long awaited.
Recommendations
The shortage of water in Rodrigues needs to be given urgent attention. Action should be
taken to complete all works at the four Desalination Plant in order to service their respective
reservoirs for onward distribution of water to the inhabitants.
4.21 Laying of Water Pipelines and Construction of Pumping Station at Anse Goeland
Four separate contracts, for a total amount of Rs 36,914,321 were awarded to private
Contractors for the laying of water pipelines to operate four Desalination Plant to service
their respective reservoirs. Three of these contracts were awarded to one and same
Contractor.
By splitting the contracts, which were of the same nature, bids were not referred to the Central
Procurement Board for approval, the threshold being Rs 15 million. Economies of scale in
procurement and optimum use of administration resources in bid evaluations could also have
been achieved, had the contract been awarded as a single project.
Further, a contract was also awarded for the construction of a Pump Station, including a
300 m3 water tank and a pump house, at Anse Goeland, to act as an intermediate pumping
station, for an amount of Rs 8,474,052.
The contract values and the amounts paid as of 31 December 2014 are as shown in
Table 4-21
96
Project
No.
Project Name
Contractor
Date of
Award of
contract
Contract
value (Rs)
Amount
Paid (Rs)
20.1.14
12,767,546
8,869,777
31.12.13
7,947,837
6,580,110
27.12.13
9,367,067
7,082,380
28.11.13
6,831,871
4,564,043
36,914,321
27,096,310
8,474,052
6,937,561
45,388,373
34,033,871
Sub-Total
5
02.12.13
Total
97
RRAs Reply
For the pipe laying projects, which are not common in Rodrigues, it was difficult to obtain
accurate market rates. However, comments of the National Audit Office have been noted for
future guidance.
4.21.3 Bid Evaluation Procedures
Constitution of Bid Evaluation Committee
The Commission did not maintain a list of qualified Evaluators. Members of the Bid
Evaluation Committee were selected mainly from the technical staff of the Commission for
Public Infrastructure.
Evaluation of Bids
During bid evaluation, in one case, although qualification criterion was not met, contract was
awarded to a particular bidder. In another case, clarifications were not sought from a
competitive bidder and the bid was rejected due to an omission which was not clarified.
These are illustrated in the two cases described below:
Project 3 - Laying of Water Pipeline from Caverne Bouteille Desalination Plant to
Vangasaille Reservoir. Tenders were invited through Restricted Bidding, for the above
project. The responsiveness of the bids received was evaluated by the Bid Evaluation
Committee (BEC). The successful bidder provided only one excavator instead of two,
contrary to what was prescribed in the bidding documents. Although criterion was not
met, this had been considered as a minor deviation during the bid evaluation stage. The
bidder was awarded the contract on 27 December 2013 for an amount of Rs 9,367,067.
Project 5 - Pumping Station at Anse Goeland. Tenders were invited using Open
Advertised Bidding as method of procurement. Five bidders responded to the invitation,
and on 2 December 2013, the successful bidder was awarded the contract for an amount
of Rs 8,474,052. The works were to be completed within a period of 112 days from the
date of start of contract.
During evaluation of bids, a competitive bid for an amount of Rs 7,590,000 was rejected
by the BEC due to non submission of a programme of work. This was considered as a
major deviation since it was viewed that time was of essence for such contract.
I was informed that the bid was rejected in accordance with paragraph 2.5 of the
Evaluation Guide issued by the PPO. However, the BEC could have had recourse to
Section 37 of Public Procurement Act (PPA) which provides that a Public Body may seek
clarification during the examination of bids from any bidder to facilitate evaluation.
4.21.4 Compliance with Terms and Conditions of Contract
Performance Security
General Conditions of Contract (GCC) stipulates that the performance security shall be valid
until the Contractor has executed and completed the works and remedied any defects. In the
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Letters of Award issued to the Contractors, it was stated that the performance
guarantee/security should be valid up to 28 days after the issuance of the Defects Liability
Certificate. However, in respect of four projects, the Performance Security expired before the
end of the Defects Liability Period.
Insurance Policy
According to the General Conditions of Contract, the Insurance shall be for at least the
amount which is stated in the Appendix to Tender, which is Rs 5 million for any occurrence
or series of occurrences arising out of any event. However, with regards to Projects No. 2, 3
and 4, no mention was made of the amount insured for the Contractors All Risks and Third
Party Insurance.
RRAs Reply
The Contractor has initially submitted only covers of the certificate of insurance. The full
insurance policy was submitted later on 6 August 2014, after completion of the projects. The
Third Party liabilities are covered up to an amount of Rs 45 million.
4.21.5 Delay in Completion of Work
The completion of all five projects was delayed.
For Projects No. 2 and 3, liquidated damages had been applied. However, same had been
understated to the extent that extension of time of 21 days for delays on account of
shipment of materials was allowed. No documentary evidence to that effect was available at
the Commission.
As for the other three projects, liquidated damages had not yet been computed.
4.21.6 Lack of Site Supervision
In respect of the project Water Pipeline from Anse Goeland Desalination Plant to Mt du
Sable Reservoir, bids were invited on 18 September 2013 through Open Advertised Bidding.
Seven bids were received, of which four were substantially responsive.
On 31 October 2013, the BEC approved that the contract be awarded to the Lowest
Responsive Evaluated bidder, subject to the latter providing a Contract Manager and a full
time Site Technician for supervising the works.
During the site meeting held on 21 May 2014, the Consultant stated that the Contract
Manager had not attended site meetings since the start of the project and the necessary
superintendence for proper and timely execution of the Contractors obligation was not
provided. Consequently, an amount of Rs 196,879 was deducted from the Contractors claim.
This remedy for breach of a fundamental qualification criteria, as specified in the bidding
documents, might not be adequate. In the absence of supervision, it was not known whether
works had actually been carried out as per design and specifications.
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RRAs Reply
Supervision of works has been carried out by the Consultants site technician, instead.
4.21.7 Laboratory Testing
According to specifications for pipe laying works, laboratory tests concerning cement
concrete and concrete aggregates, soil material for sub-base, aggregates for bituminous
surfacing and bituminous materials shall be carried out by the Contractor. However, tests
carried out in laboratories of the Contractor or nominated Sub-Contractor were not
commented upon by the Engineer to confirm whether facilities available in these laboratories
were adequate to carry out control tests on material or workmanship. According to the
specifications if in the opinion of the Engineer, facilities of the laboratory are inadequate,
such tests shall be carried out by a Testing Authority
Procurement
The advice of the Procurement Policy Office should be sought in cases of difficulties in
applying the procurement laws and regulations
Terms and Conditions of Contract
The Commission should ensure that the terms and conditions of contract in respect of
performance security and insurance cover are respected before recommending the release
of any payments. Extension of time should be fairly given on the basis of documentary
evidence. Laboratory testing should be done as per specifications.
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101
102
103
104
Conclusion
Spending such a huge sum of money on an infrastructure and deriving no benefit therefrom is
a matter of concern. The Commission needs to seriously look into the matter and makes same
operational at the earliest for the benefit of the public in general and more particularly for
athletes.
RRAs Reply
The cost of electricity has dropped by some 50 per cent, following intervention with the
Central Electricity Board in August 2012. When the pool is not in use, the electricity cost
is lowered to around Rs 5,000 per month.
The filter plant need repairs. Private expertise is being sought to look into the matter.
Owing to the drastic decrease in water supply and the level of the pool water, the general
treatment of water both in the large and small pool, was suspended at some point in time
to save on chlorinated powder given that it is an expensive commodity.
The necessary was done for repairs of gutters. However some special spare parts were not
available on the local market, explaining the works pending at the level of the small pool.
Needful is also done for more regular grass trimming and maintenance of the compound.
A Management Committee chaired by the Departmental Head will be set up to review all
the issues pertaining to the swimming pool. A technical survey by private experts has
been arranged by the Commission of Health and Sports. Actions will be initiated
accordingly following the recommendations of the survey.
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(2008) No decision as to the acceptance or rejection of any bid shall be taken or announced
in the bid opening session. Yet, the DBC decided to award the contract to company K, the
lowest responsive bid for the sum of Rs 5,520,000 exclusive of VAT, on 26 June 2014 that is,
same as the closing date for submission of bids and also on the day of the opening of bids.
4.24.3 Delay in Completion of Works
In the meantime, the contract for the rehabilitation works was awarded on 30 June 2014. The
site was handed over to the Contractor on 15 July 2014. Works were scheduled for
completion on 12 September 2014, after allowing for an extension of time of 15 days for
additional works. On 3 October 2014, the boats were handed over. Liquidated damages had
not been applied.
4.24.4 Additional Works
The Departmental Bid Committee (DBC) approved additional works for an amount of Rs
714,000 on 15 September 2014, based on a statement made by the Marine Engine Expert to
the effect that additional works had to be carried out, as recommended by the Contractor
itself. It was not known whether these additional works could have been foreseen at the time
the assessment of work was carried out in April 2014.
Conclusion
The Commission proceeded with the rehabilitation of the six boats without considering
whether it would have been more advantageous to replace the engines and auxiliary systems
rather than repairing same.
RRAs Reply
The decision to go for the rehabilitation works was based on the report of the Consultant who
recommended that the engines and auxiliary systems be repaired.
4.25 Assistance to Professional Fishermen
I had, in the past, drawn attention to the fact that overpayments of Bad Weather Allowance
for a total amount of Rs 15,394,731 arising in the year 2006-07, had not yet been recouped.
During 2013, arrears of allowances amounting to Rs 15,706,562 had been paid to fishermen,
without considering the possibility to recoup the overpayments at that point in time.
As of 30 April 2015, the overpayments of allowances had still not been recouped.
RRAs Reply
An investigation is being conducted into the issue of alleged overpayment and the
circumstances to determine the future course of actions.
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108
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Amount of Loan
Rs
6 May 2014
920,992,616
19 August 2014
307,700,000
14 November 2014
507,450,000
Total
1,736,142,616
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In May 2014, the WMA explained that the actual revenue derived from wastewater
charges just covered its operational expenditure. As such, it would inevitably default in
repayment of loans.
Monitoring of Projects
With the loan formula, monitoring, supervision of projects and approval of payments are
carried out at the level of the WMA.
Under the grant formula, the projects were scrutinised in terms of progress of works,
approval for variations, costs of projects by the MEPU. The latter had a Project
Monitoring Committee to monitor these sewerage projects.
Ministrys Reply
It is considered that even with a reduction of operational costs and reasonable increase in
tariffs, the WMA will not have the capacity to repay the Government loan. The MEPU will
hold discussions with MOFED on this matter.
Following the introduction of the system of Government loans, the WMA is the sole
authority to take decisions regarding the award of contracts and project implementation. The
MEPU is no longer involved in approval of payments and monitoring the project
implementation.
The MEPU is in the process of reviewing the two contracts the Contrat de Delegation and
the Contrat de Maitrise dOuvrage Deleguee, between the WMA and the MEPU to provide
for more accountability and specific performance targets.
5.2 Bambous Pumping Station
The Contract WW80F Lot 1A awarded under the Plaines Wilhems Sewerage Project included
the construction of the Bambous Pumping Station for the sum of Rs 29.1 million.
After completion of 75 per cent of building works, the inhabitants protested against the
location of the pumping station which was situated in the vicinity of a religious place. In
December 2010, Government decided to stop all works.
Subsequently in March 2011, Government decided that the pumping station be relocated at
some 50 metres back from the existing site. Works started on the new site on 8 June 2011 and
were completed in July 2013.
5.2.1 Financial Impact of relocation of the Pumping Station
In June 2014, a sum of Rs 10.2 million was paid to the Contractor, representing costs of
unproductive resources, suspension costs and additional costs caused by disruption
following relocation of the pumping station 50 metres back from its original location.
This included Rs 1.5 million, representing variation in prices due to delay and disruption.
110
An amount of Rs 5.6 million was paid to the Contractor for the partly completed building
at the initial location, which is presently not utilized.
Land to the extent of 1,500 m2 was purchased in July 2012 for the sum of Rs 2 million to
accommodate the pumping station at the new location compared to a sum of Rs 925,000
which was paid in November 2010 for the purchase of 1,566 m2 of land to build same at
its initial location.
A sum of Rs 7.8 million was paid for the civil and building cost of the pumping station at
the new location.
A sum of Rs 29.1 million was provided for the construction of the pumping station but its
actual cost amounted to Rs 48.7 million.
Conclusion
For future sewerage projects, proper consideration must be given on the choice of the
location of a pumping station before its construction in order to avoid change in location and
incur unnecessary costs. The views of all stakeholders must be sought. Not only the location
must be based on technical requirements but environmental issues must be considered.
As a result of change in location, unnecessary cost of Rs 15.8 million has been incurred
consisting of Rs 10.2 million paid to Contractor as disruption cost and Rs 5.6 million for the
partly completed building.
Ministrys Reply
According to the WMA, the site of the Bambous Pumping Station was determined on the
basis of technical requirements. The additional cost resulted from the relocation of the
pumping station. Following persistent outcry from the inhabitants of the region regarding the
location of the pumping station, the then Government decided that the station should be
relocated.
5.3 Plaines Wilhems Sewerage Project Contract WW80F Lot 1A
The Contract WW80F Lot 1A for the construction of reticulation network and house
connections was awarded on 19 October 2009 for the sum of Rs 2,842,498,362. The original
completion date was scheduled for 31 May 2014 and was revised to 30 November 2016.
Works included 102 km of reticulation sewer network and approximately 13,000 house
connections, as well as replacement of 50 km of potable water pipelines.
Total payments as of 31 December 2014 amounted to Rs 2,131,439,169.
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112
Conclusion
The scope of works of the Contractor included detailed topographical study and house
surveys. Thus, the Contractor carried out both design works and construction works. As a
result, he claimed for longer and deeper excavations which would have entailed a
significant increase of Rs 1,077,862,076 in the cost of the project.
Had detailed design works been carried out prior to inviting tenders for the project, the
precise scope of works and the corresponding project value would have been known at the
outset. In this project, the final quantities of works to be executed were known in the
course of construction works which led to a significant increase in project value. As a
result, decision was taken for stoppage of works.
The consequences of the stoppage gave rise to the Contractor signifying his intention to
submit claims for reduction in scope of works.
Ministrys Reply
The WMA Board awarded the contract on a Design and Build basis. The Contractor
included additional lanes during his survey and claimed that deeper excavations were
required. The then WMA Board approved the extension of works and variation of the
project value by an additional Rs 1,077,862,076. The cost overrun for this project
represents 40 per cent of the original contract value with a three year extension.
In March 2015, this matter was brought to the attention of Government which after
taking note of this serious matter has decided that:
The project be closed with the completion of works initiated on the northern part.
The contract with the Consultant and the Contractor be closed on completion of these
works.
A full technical and management audit of all wastewater management projects be
carried out with a view to improving project and monitoring and supervision and
avoiding cost overruns.
The WMA Board has been requested to implement this decision. As for the remaining
works, the WMA will be required to carry out a new bidding exercise when funds are
provided by the MOFED.
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Consultancy Cost
Rs million
Initial
Revised
169.4
319.0
7.7
11.2
120.0
250.0
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Construction Cost
Rs million
Initial
Revised
3,332.4
5,654.0
240.6
226.0
Not Yet Awarded
Observations
The capital projects were not subject to Internal Audit review.
There were already significant cost and time overrun for the Bagatelle Dam, and time
overrun for the Arnaud Project. The project for the Riviere des Anguilles Dam was still at
the embryonic stage after expenditure of some Rs 128 million up to 31 December 2014.
Ministrys Reply
There is no full time Internal Control Unit at the Ministry. A request is being made to the
Ministry of Finance and Economic Development to provide for a full-fledged Internal
Control Unit.
The Ministry is proposing to submit a comprehensive proposal to restructure and strengthen
capacity at the WRU. An independent panel of experts will support WRU on dam design and
construction.
5.5 Bagatelle Dam Project
At paragraph 5.2 of the Audit Report for the year ended 31 December 2013, I mentioned a
number of shortcomings relating to the design and implementation of the Bagatelle Dam
Project. These shortcomings continued to have a bearing on the execution of the project
during the year under review.
At time of audit in May 2015, the construction works were still in progress. Due to the
significant changes made during construction, in dam foundation, from grouting to Cut-off
Wall (COW), and in spillway, from ogee type to morning glory type, the contract for the
construction works awarded to the foreign firm in July 2011 for the sum of Rs 3,332 million,
was revised to Rs 5,654 million in July 2014.
As of 31 December 2014, payments under the construction contract totalled Rs 3,517 million,
including Rs 978 million for COW paid during 2014.
5.5.1 Contract with first Consultant for Consultancy Engineering Services
At paragraph 5.2.2 of the Audit Report for the year ended 31 December 2013, I pointed out
that the Ministry had terminated the contract with the Consultant for the provision of
Consultancy Engineering Services for the Detailed Design and Construction Supervision of
the Bagatelle Dam in February 2014 for having failed to perform the detailed design of the
Bagatelle Dam with the standard of care and diligence expected from a Consultancy Firm of
international repute.
Out of the contract sum of Rs 169.4 million with the Consultant, the Ministry paid a total
amount of Rs 135.5 million as of 31 December 2014, that is 80 per cent. In March 2014, the
Ministry issued a Notification of Claim for damages for Rs 935.7 million, as prepared by the
Independent Expert who was appointed to review the major changes to the original design in
spillway and foundation treatment done by the Consultant.
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In order to assist Government to resolve the claim for damages, the Ministry appointed a
foreign legal firm and another independent geotechnical expert in 2014. The latter submitted
his report on 27 November 2014 and was paid some Rs 1.5 million. The advice of the legal
firm was obtained in January 2015.
Observations
The decision to resolve the claim for damages amounting to Rs 935.7 million against the
first Consultant was still pending at time of audit in April 2015.
In April 2014, the Consultant submitted three claims for services rendered during period
January to February 2014 totalling Rs 3.7 million. The WRU proposed that legal advice
be sought for the option of withholding them. Payments totalling Rs 3.7 million were
however released to the Consultant in July 2014 in spite of the pending claim for damages
against the latter preferred by Government. Moreover, no legal advice has been sought as
to whether withholding these claims would be the best option for Government.
Ministrys Reply
In view of the complexity of the claims and the contract implications, this Ministry has
been maintaining close consultation with the Attorney Generals Office on the course of
action to be followed. It is proposed to have recourse to an amicable settlement on the
dispute, in accordance with the provisions of the contract.
Outstanding payments to the Consultant and the amounts claimed in respect of design
changes, which is the subject of dispute, have been retained.
5.5.2 Replacement of the Consultant by Another One
Government approved the issue of a Notice of Termination to the first Consultant and the
appointment of another one, under emergency procurement, in November 2013. The Ministry
terminated the consultancy contract with the first Consultant in February 2014.
According to a letter from the Central Procurement Board (CPB) dated 3 December 2013, the
first Consultant was awarded the contract in January 2009 as it ranked first among three
qualified bids. Details of the three bids are shown in Table 5-3.
Table 5-3 Ranking by CPB of three qualified bids in 2008
Financial Proposal
Rs million
Rank of Bid
169.3
180.5
117.9
Source: Faxed letter dated 3 December 2013 from CPB to the Ministry
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services rendered for period up to November 2013, under Phase I and Phase II. The
difference between contract price and actual payment was mainly due to a variation on
account of change in dam type and extended supervision fees.
Observations
The Consultant, who was assigned the feasibility and design of the project, concurred
with the Contractors proposal to change the dam axis two years after in April 2013, time
when the project was initially expected for completion. The Consultant justified the
acceptance of change in dam axis which was more oriented towards timely completion of
the project rather than based on technical benefits.
However, there is the risk that the initial design was not properly done.
Contrary to the terms of reference of the Consultant, the latter has not yet submitted a
post completion report, executed drawings and operation and maintenance manual as of
30 April 2015.
The Consultant has extended his services from mid November 2013 to mid December
2014. However, no amendment to the contract thereof has yet been made.
5.6.3 Contract for Construction Works
Following procurement exercise, the Ministry awarded the construction contract in May 2012
to a foreign firm for some Rs 240.6 million. The construction works started in mid July 2012.
The contractual period was for a duration of 10 months, with expected completion by
mid April 2013.
Subsequently, the Ministry approved the extensions of time thrice to the Contractor without
cost for the project completion to November 2013, August 2014 and 30 November 2014.
As of 31 December 2014, payments to the Contractor totalled some Rs 130 million out of the
revised contract value of Rs 226 million.
Observations
Of the total revised cost of Rs 15 million for the component relating to canal construction
for a length of 1 km, and width 30 metres, payments reached some Rs 4.2 million as of
30 April 2015.
A site visit was effected by my Officers in May 2015 and noted that the banks were
eroded along some 700 metres of the canal towards Mare aux Vacoas reservoir. Further,
no drawings were available at the Ministry to confirm whether the banks along the
700 metres should consist of rip-rap and other concrete works;
there is the risk that the banks can further be eroded during periods of heavy rainfall
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leading to loss of flood flows, which is against the objective of the project.
The dam is operational since December 2014. A list of outstanding works was submitted
by the Contractor on 15 January 2015 to the WRU for completion by September 2015.
However,
Ministry`s Reply
The amount of pending payments for the canal construction is estimated at Rs 11 million.
The erosion is only over a stretch of 70 metres.
The risks of erosion have been mitigated as grass has already been planted to hold the top
soil.
The taking over certificate has been delayed as the Ministry has been advised by the
Attorney Generals Office to sign a new contract in respect of the services of the
Consultant as from November 2013 to the end of the Defects Liability Period.
5.7 Project: Riviere des Anguilles Dam
The Riviere des Anguilles Dam (RAD) Project was conceived in order to satisfy the
increasing demand of water for domestic purposes, and the tourism and for irrigation sector
in the South and part of Western region of Mauritius. Government has, during the past six
years already spent some Rs 128 million on the project as at end of April 2015.
5.7.1 Consultancy
Feasibility Study
The contract for the feasibility study was awarded to a foreign firm in March 2007 for
Rs 22.5 million. The feasibility report, which was completed in May 2009, mentioned the
following:
that a dam on the Riviere des Anguilles is the suitable solution to provide additional water
resource in the South and part of Black River District;
that the construction of rockfill dam with cut-off wall and asphalt sealing on the RAD
was recommended;
that the dam will have a capacity of 14 million cubic metres.
Preparation of Detailed Design
In May 2009, the Central Procurement Board (CPB) approved the request for a variation of
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the contract for feasibility study for Rs 6.8 million for the preparation of the detailed design
and bidding documents for the construction stage.
The design reports and the final bidding documents were submitted in October 2009 and May
2011 respectively.
5.7.2 Activities Undertaken that were Completed
Since May 2009, the Water Resources Unit initiated other activities simultaneously. As of
April 2015
Geological investigations were completed in February 2010 by a local firm at a cost of
Rs 12.8 million.
The Environment Impact Assessment (EIA) report for dam and the quarry area was
completed in October 2010.
The EIA licence was obtained in July 2011.
Government paid some Rs 107 million for land acquisition of some 331 arpents for the
dam site that has already been vested in the Ministry since September 2012.
Rs 1.3 million were paid to a private Surveyor for survey works for land and rock quarry
for the dam. This was completed in November 2010.
5.7.3 Activities not yet Finalised
Some activities were yet to be finalised and included the following:
finalisation of a lease agreement with the Mauritius Broadcasting Corporation (MBC) for
a rock quarry of 13.4 arpents;
finalisation of an agreement for a rock haulage road with stakeholders;
acquisition of another quarry site of some 6 arpents under negotiation since 2012.
5.7.4 Contract for the Design Review and Construction Supervision
The Ministry, awarded the contract for the Design Review and Construction Supervision of
the RAD project to the same foreign firm who was also awarded the consultancy contract for
Bagatelle Dam Project in March 2012. Following problems encountered on the latter project
with the Consultant, the Ministry also terminated the contract for RAD Project with the
Consultant in August 2013.
Subsequently, the Ministry again invited for another Expression of Interest (EOI) for
consultancy services on Design Review and Construction Supervision in November 2014.
These EOIs were still under evaluation at the CPB at time of audit in April 2015.
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Observations
In mid 2009, the project for the dam construction was expected for completion by end of
2014 at an estimated cost of some Rs 2.5 billion, excluding the water treatment estimated
at Rs 0.9 billion. In March 2014, the expected date for completion has been rescheduled
to February 2020. Consequently, the overall project duration has overrun by over five
years and the dam construction would now cost some Rs 4.5 billion, an increase of some
80 per cent over the initial estimated cost.
The previous owners of the 331 arpents of land acquired by Government since September
2012 were still occupying the land for cultivation of sugar cane.
The Ministry of Housing and Lands has claimed from the previous owners a fee of
Rs 1,500 per arpent per annum only on 30 March 2015, that is 30 months after having
vested the land in the Ministry. The claim covered the period of occupancy since the date
of acquisition.
In September 2012, Government signed an agreement with the Agence Francaise de
Development (AFD) to finance the project to the tune of Euro 62.5 million
(Rs 2.5 billion). The loan was to be disbursed over a period of some six years, that is
from November 2012 to March 2018. However, no fund was disbursed and Government
had lost the opportunity of having fund for the project at preferential rate of interest.
Ministrys Reply
Initially the project was planned for completion by end of 2014. However, the project has
suffered delays due to the following factors:
Based on the CPB recommendations, the Consultant was awarded the contract for
consultancy services for design review and construction supervision on 25 March 2012.
The contract was terminated in August 2013 on grounds that the Consultant has failed to
maintain the appropriate standards on the Bagatelle Dam Project;
the land acquisition for the dam site and quarry has taken longer time than expected in
view of the statutory procedures to be followed by the Ministry of Housing and Lands;
the Ministry of Finance and Economic Development had to find additional financial
resources for the Bagatelle Dam, and this impacted on the funding of the Rivire des
Anguilles Dam.
The Expression of Interest for the consultancy services has been completed and the Request
for Proposal will be issued shortly. Works are expected to start in mid-2017 for completion
by end 2020. Provision has been made in the budget for the project.
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123
MOFED that the BMTV has never been operational, that is 42 months after its completion in
September 2011.
The market value of the property of BMTV was estimated at Rs 194 million as of
31 December 2012. Little has been collected in terms of rental of shops, that is Rs 149,030
between 2010 and 2012.
From documentation available at the MOFED, the following were noted:
Construction Phase
In February 2008, TVCL informed the Ministry that the cost estimate was revised from
Rs 100 million to Rs 120 million. The architectural design competition was finalised in
October 2007. Tenders for consultancy services for mechanical, electrical, civil and structural
works at Belle Mare were floated in October 2007, whereas tenders for construction works
were scheduled to be launched in May 2008. TVCL completed the construction of the first
Tourist Village at Belle Mare at a total cost of some Rs 185 million in September 2011.
Operations Management
The monthly minimum operating cost would be Rs 1 million. TVCL would have to charge
SMEs a minimum rental of Rs 1,300 per m2 to ensure its viability. It is unlikely that small
entrepreneurs will be in a position to pay such a rental given that lower rentals are charged by
other owners in the vicinity. It was found that it would be more appropriate to consider
disposing of the BMTV.
Disposal Procedure
Subsequently, Government approved that a competitive tendering exercise be carried out for
the disposal of BMTV. The State Investment Corporation (SIC) invited Expression of Interest
for the disposal of BMTV in April 2012, but no responsive bid was received.
Observations
No feasibility study report for the BMTV was available at MOFED though it was a major
project.
The contract for the procurement of works was for some Rs 185 million. There was no
approval of this major contract by the Central Procurement Board although the State
Owned Company designated as the Implementing Agency was listed as a public body
under the Public Procurement Act.
No documents were available at the Ministry regarding the procurement exercise for the
main contractor, payment details, and managing the construction project. These included
bids, contract, Handing Over Certificate between the State Owned Company and TVCL
and Final Accounts.
As per financial statements of TVCL for year ended 31 December 2013, the Company has
cumulative net profits (retained earnings) of Rs 29.8 million, resulting mainly from
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interests received totalling some Rs 71.5 million. However, details and nature of the
Debtors figure of Rs 27.8 million could not be ascertained.
Lease terms for rental were of 12 months renewable upon mutual agreement. Given that
these villages were set up to help local artisans by leasing out space, little has been
collected in terms of rental of shops.
6.1.3 Mahebourg Tourist Village
In addition to the BMTV, the Company has also invested Rs 5.9 million for the setting up of
the Mahebourg Tourist Village (MTV). The MTV Project was to cater for 11 individual
craftsmen and two associations from south of the island.
Observations
The total figure for investment in MTV Project of Rs 5.9 million as per the Companys
financial statements for the year ended 31 December 2011 was written off as a loss.
For both projects, significant Government funds and resources of some Rs 170 million
were not properly managed. Public funds have also been tied up in these unutilized assets
for more than four years now.
Ministrys Reply
In May 2007, Government was informed that there was no need for a feasibility study
given that the Belle Mare region is surrounded by hotels and the site is easily accessible
to tourists as per criteria established.
All the Directors of the TVCL had resigned. A new Board has recently been constituted.
One of the responsibilities of the Board will be to look into the future of Belle Mare
Village, including the possibility of transferring all assets to an appropriate Government
owned entity or disposing same through open bidding exercise.
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There is a need to carry out a complete survey of overlying containers and goods at
freight and landing stations. A realistic period/interval to carry out such surveys has to be
set out by Customs for the timely transfer of items to auction for disposal.
Procedures should be initiated for disposal of hazardous waste in a timely manner.
Managements Reply
Proper mechanism will be put in order that overlying goods are transferred for auction
sale in a timely manner as per law and established procedures.
The number of auctions to be carried out by Customs will be increased substantially.
In order to safeguard revenue, the MRA will consider offering for auction, on a priority
basis, goods which have higher market value and are easily saleable.
With a view of expediting the disposal of overlying goods, an e-auction sales project is
being developed.
Following the Finance Act 2015, the MRA will use its new powers under the Customs
Act to liquidate unclaimed goods and free capacity in customs warehouses.
6.3 Customs Return of Arrears of Revenue - Rs 621,225,740
Arrears of Revenue consist of duties and taxes together with penalties and interests payable in
respect of claims raised and Customs Offence Reports (CORs). These debts are classified as
collectible and non-collectible.
The Arrears of Revenue as at 31 December 2014 were reported at Rs 621.2 million, of which
only some 11 per cent (Rs 66.5 million) were accounted as recoverable. Debts totaling Rs
554.7 million have been reported as non-collectible as these debts have not yet been
compounded since the debtors were not agreeable to settle the amount claimed as shown in
the Table 6-1.
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COR
Collectible
Rs
Claim
NonCollectible
Rs
Collectible
Rs
NonCollectible
Rs
Total
Amount
Rs
2010 &
previous
years
92
Year 2011
198
37,197
Year 2012
119
50,000 147,910,170
Year 2013
125
300,000
Year 2014
181
1,291,449
Total
715
3,621,702 133,339,403
5,505,481
20,661,117
1,841,526
2,749,624
38,811,265 56,612,537
139,458,426 276,419,531
2,622,022
8,164,700
6,997,845 156,799,541
22,125,282
45,836,023
37,290,694 134,005,945
Observations
6.3.1 General
The Statement of Arrears was drawn up manually as debts prior to 2012 totalling some
Rs 284.6 million were not included in the Customs Management System (CMS).
The total amount of debts raised in respect of claims for period 2012 to 2014 as per
Return of Arrears of Revenue differed from the balance of debts in the CMS by
Rs 61.5 million. No reconciliation exercise was carried out to tally these two figures.
Managements Reply
At the time of creation of the COR Module in 2010 and CDMS Module in 2012, a cut-off
date was established by the MRA. All unsettled CORs and claims prior to the above
periods were to be maintained and monitored in an excel database.
All the figures submitted in the Statement of Arrears have been manually checked and
reconciled. MRA is prepared to look into system problems which may result in the
discrepancies highlighted.
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During 2014, only a sum of Rs 2.6 million was collected representing less than one
per cent of total debts relating to the period prior to 2011. For the years 2012 and
2013, sums of Rs 857,224 and Rs 441,948 respectively were collected.
Total repayment in respect of previous years debts was only Rs 24.3 million, that is
less than 4 per cent of total debts of Rs 621.2 million.
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Registrar-Generals Department
6.4 Revenue Collection
During 2014, some Rs 5.9 billion were collected as revenue by Registrar Generals
Department (RGD). The core system of RGD was computerized since 19 May 2014.
However, no computerized daily Cash Book Report and transactions listings could be
generated from the system for the period 19 May to 31 December 2014.
According to the Revenue Collection Report, provided by RGDs IT Unit, total collections
amounted to some Rs 2,894.4 million, whilst the net revenue reported in the Treasury
Accounting System (TAS) was Rs 3,687.5 million for the same above period. No
reconciliation exercise was carried out to explain the difference of Rs 793.1 million.
Departments Reply
The Registration of Deeds and Documents System captures all revenue collections at RGD
and is shown in the Daily Analysis Collection Report. Collections for period 19 May to
31 December 2014 amounted to Rs 3,499.7 million whereas the TAS figure indicated
Rs 3,674.0 million. Some departments collect revenues on behalf of RGD and adjustments
are made at the level of the Treasury.
6.5 Debtors
According to records maintained by the Valuation Section of the RGD, debtors totalled
Rs 438 million whilst in the Statement of Arrears of Revenue, for inclusion in the Accountant
Generals Report, the amount recorded as due was Rs 440 million, that is, a net difference of
Rs 2 million as at 31 December 2014.
Departments Reply
The amount recorded in the Statement of Arrears of Revenue for inclusion in the
Accountant Generals Report should have been Rs 439 million. The difference of
Rs 1 million will be adjusted in the current financial year after an indepth analysis on
previous debts.
6.5.1 Debtors Management at RGD
Financial Review of Arrears of Revenue Rs 440 Million
Arrears of revenue remained a high risk area. Total debtors balances stood at Rs 440 million
at 31 December 2014 compared to Rs 331 million at 31 December 2013, that is, an increase
of 33 per cent. This is shown in Table 6-2.
132
2010
2011
2012
2013
2014
Rs
million
Rs
million
Rs
million
Rs
million
Rs
million
Balance at 1 January
181
196
213
290
331
Adjustment to Debits
(5)
(14)
(40)
(24)
(13)
(12)
(19)
(27)
(32)
(1)
(10)
Collections
Write Off
Sub Total
New Debtors
Balance 31 December
171
179
180
222
265
25
34
110
109
175
196
213
290
331
440
Registration Duty
Land Transfer Tax
Leasehold Rights Tax
Total
Rs
million
9.0
21.0
71.6
160.7
29.8
6.0
7.6
26.7
32.2
77.4
179.7
2.1
0.2
4.1
2.5
16.4
10.9
36.2
10.8
0.8
3.7
0.3
Total
2014
Rs
million
3.1
Incorrect Declaration
2013
Rs
million
3.5
11.6
Short on Deed
2012
Rs
million
52.5
2011
Rs
million
11.6
0.6
0.6
1.6
0.3
4.0
11.8
15.7
0.1
27.6
3.5
125.8
14.7
3.5
10.8
15.4
54.5
71.3
160.2
133
438.0
The arrears arose because additional taxes raised after the valuation exercise were not
being settled since several years.
Debtors position had not much improved. Between 1 January 2010 and 31 December
2014 total Debtors balances have increased from Rs 181 million to Rs 440 million.
During the past five years, new debtors totalled Rs 453 million, but amount recovered
from debtors totalled some Rs 103 million. Debtors of some Rs 91 million have been
written off as adjustment.
6.5.2 Debt Recovery
There is a low rate of recovery of debtors. From January 2010 to December 2014, Amounts
recovered were between Rs 12 million and Rs 32 million, that is, between six per cent and
nine per cent of balance due at start of the year.
6.5.3 Significant Companies and Individuals as Debtors
569 companies and 6,388 individuals owed RGD some Rs 219.3 million and
Rs 218.7 million respectively as at 31 December 2014, as shown in Table 6-4.
22 companies and 16 individuals each owing above Rs 1 million to RGD owed a total of
Rs 223.3 million and which account for 51 per cent of the total arrears figure.
Table 6-4 Amount due by Companies and Individuals
Category
of Debtor
No. of
Debtors
%
No. of Debtors
Amount Due
Rs million
%
of Amount Due
Company
569
8%
219.3
50%
Individual
6,388
92%
218.7
50%
Total
6,957
100%
438.0
100%
Of the 6,957 debtors, 5,996 of them (86 per cent) owed up to Rs 50,000 each and for a total
amount of Rs 80.8 million as of 31 December 2014. Table 6-5 refers.
134
Companies
Amount
No. of
Rs
Debtors
million
Individual
Amount
No. of
Rs
Debtors
million
Total Debtors
Amount
No. of
Rs
Debtors
million
%
Due
Rs 1 m and above
22
174.8
16
48.5
38
223.3
51
Rs 0.5 m- <Rs 1m
18
12.4
22
14.3
40
26.7
Rs 0.1m- <Rs0.5m
99
20.2
276
51.8
375
72.0
17
Rs 50,000 - <Rs0.1 m
76
5.3
432
29.9
508
35.2
230
5.9
2,725
60.4
2,955
66.3
15
Rs 1 - <Rs 10,000
124
0.7
2,917
13.8
3,041
14.5
Total
569
219.3
6,388
218.7
6,957
438.0 100
135
The seller who owed Rs 52.5 million has not raised any objection to the amount
assessed by the Valuation Department. It has not yet settled its debt despite it has
quite recently encashed a large sum of money from the above transaction. The seller
was in the process of liquidation since October 2013.
The buyer, also indebted to the RGD for Rs 52.5 million has not raised any objection
to the amount assessed by the Valuation Department within the deadline. He has
lodged an objection to the Assessment Review Committee afterwards, that has yet to
be determined.
The time taken to determine objection cases by the Valuation Department was too long.
136
No proper follow-up was made. Reminders were not sent in six cases, whereas for the
other nine cases, reminders were sent only once.
Departments Reply
Finance (Miscellaneous Provisional) Act 2015 (Act No. 9 of 2015) has amended the Land
Duties and Taxes Act and provides that all cases pending before the Objection Unit will have
to be dealt with before 1 September 2015 and those where objections have been lodged after
1 June 2015 will be dealt with within four months.
6.5.9 Cases Referred to Judiciary Contrainte
From October 2013 to December 2014, 675 cases totalling Rs 73.3 million were referred for
legal action.
Observations
81 cases totalling Rs 5.9 million were settled in full.
Seizures were effected in 17 cases involving a total amount of Rs 1.7 million.
447 cases totalling Rs 38.3 million were awaiting for Judges Orders.
No Service Orders were effected in 75 cases totalling some Rs 12.7 million for which
Judges Order had already been obtained.
Of 62 cases amounting to Rs 8.9 million for which service orders were effected, part
payments were effected in three cases and in two cases only, seizure procedures have
been initiated.
Recommendations
The systemic problems leading to increasing debtors have not been resolved despite the
continuous improvements in the system of registration of immovable properties. There is
need for paradigm shift, and to be forward looking for a less complex, but more effective
system. The Valuation Department may produce regular Valuation Rolls. LAVIMS needs
to be updated regularly by capturing all properties being registered. Alternatively, a
Professional Valuers report needs to be produced at time of registration. However,
Regulations would be required for registration of Professional Valuers, as for other
Professionals in Mauritius.
Attachment Orders need to be enforced. Some companies, though indebted, have
significant assets on their Balance Sheets for which RGD could impose necessary
recovery measures, such as Attachment Orders on bank balances and Property, Plant and
Equipment.
137
Departments Reply
In the Finance Act 2015 provision has been made to allow the RGD to enforce payment
through Attachment Orders.
This Office reiterates its recommendation for the establishment of Valuation Roll whereby
the value of immovable property will be available prior to registration. This office is strongly
in favour of Valuation Roll.
Valuation of property prior to Registration is a matter of policy decision. Same will be
implemented once a policy decision is taken.
138
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139
Item
Code
Description
Estimates
Rs
million
Actual Cost
Rs
million
Over/Under
Provision
Rs million
360.5
246.9
113.6
20.0
32.3
(12.3)
418.5
799.0
742.1
1,021.3
(323.6)*
(222.3)
113.0
912.0
112.8
1,134.1
0.2
(222.1)
140
Table 7-2 Reallocation of Funds from Item Construction & Upgrading of Roads
Estimates
Rs million
Description
Amount
Transferred
Rs million
53.8
Percentage
Transferred
(%)
64.8
83.1
37.5
23.9
63.6
11.9
11.7
98.3
10.0
10.0
10.0
8.7
100.0
87.2
5.0
5.0
100.0
5.0
5.0
100.0
6.0
2.5
41.6
2.0
170.5
1.1
121.7
55.0
71.4
141
Ministrys Reply
There is no technical audit at the Ministry, amongst others to examine the RDA claims
and their processing. The section may be set up bearing in mind the staff constraints, the
time to set up, the TORs and the supervision of the Unit.
The list of projects to be undertaken are prepared at least six months before the start of
the fiscal year and the necessity to consider new projects which become urgent cannot be
predicted. These unplanned urgent projects are funded from reallocations from other
projects which may be forestalled.
7.2 Traffic Management Road Safety Unit (TMRSU)
The TMRSU of the Ministry is responsible among others, for the improvement of road safety
and traffic systems and provision of adequate, appropriate and reliable public transport
services to ensure safer roads with a free traffic flow environment.
7.2.1 Maintenance of Traffic Signal Equipment
The TMRSU is also responsible for the maintenance of traffic signal equipment that has been
outsourced to a private firm. The contract entered into with the private firm on 5 August
2013, was to end in September 2014, but has been extended on three occasions, till March
2015. The Ministry has paid the Contractor some Rs 6.9 million during financial year 2014.
The Contractor is required to perform daily site visits of all traffic lights throughout the
country and to keep a log book. TMRSUs Engineers also counter check maintenance works
being done by effecting site visits, as well as examining the weekly reports of repairs carried
out by the Contractor.
However, control over Contractors performance and payments was not adequate. No weekly
report of the Contractor was available after May 2014. Engineers of the TMRSU did not
submit any report nor keep any log book of site visits effected.
7.2.2 Contract for Construction and Installation of Road Safety Devices
Following open advertised bidding, the Departmental Tender Committee of the Ministry
approved the award of the contract for construction and installation of road safety devices to
a private Contractor for the period 31 March 2011 to 31 March 2013, in July 2011. There was
no fixed contract sum. The contract included a schedule of rates. The works consisted of
construction of handrails, guardrails, and fixing of traffic sign, etc.
142
143
(d) Necessary measures have been initiated to have all Payment Certificates issued to be
authorised and signed by the Director of TMRSU jointly with the respective officer
certifying the work done.
(e) Necessary instructions will be issued to the Officer making joint measurement so that
their names and designation are clearly readable and such documents should be dated.
(f) Henceforth, the Director of the TMRSU will exercise proper control and monitoring of
the project implementation.
7.2.3 Automatic Speed Enforcement Camera Project
The main objective of the Automatic Speed Enforcement Camera Project was to extend the
fixed speed enforcement camera network to other black spots areas with a view to acting as a
deterrent against road traffic violations, especially inappropriate speeding and aiming at
reducing Killed and Seriously Injured (KSI), accidents on the road networks and enhancing
road safety.
The project is monitored by the TMRSU falling under the aegis of the Ministry.
In September 2012, the Ministry awarded the contract for the supply, installation,
commissioning and operation of 50 Fixed Speed Enforcement Cameras and six Mobile Speed
Enforcement Cameras to a private firm for some Rs 172.2 million.
A total amount of Rs 146.8 million was paid during the period September 2012 to December
2014.
Project Plan Committee
The project for the supply, installation commissioning and operation of 56 Automatic Speed
Enforcement Cameras with an estimated cost of Rs 141.7 million was referred to the Project
Plan Committee (PPC) in September 2011.
According to the Capital Project Process Manual, each Public Body is required to present its
project proposal with an estimated cost that exceeds Rs 25 million to the PPC. For each
project above Rs 100 million, Public Bodies are required to conduct a feasibility study. A
project is included in the Investment Plan after assessment and recommendation by the PPC
and approval by Government.
Observations
No feasibility study was conducted
The project was referred to the PPC, but the latter did not assess the project on the ground
that the estimated cost of one unit of camera was Rs 1.5 million, that is below
Rs 25 million although the estimated cost of the project was some Rs 141.7 million.
144
Ministrys Reply
TMRSU recommended the use of speed cameras based on a pilot scheme, which was
implemented at Pailles and Camp Chapelon, which proved to be effective and produced the
expected results as far as KSI accidents at these sites are concerned.
Procurement of 11 additional speed cameras
In August 2014, the TMRSU informed the Ministry that 11 additional Fixed Speed Cameras
under the contract had to be procured. The request was supported by a list of some
20 potential sites where installation of new speed cameras had been identified.The TMRSU
issued a Variation Order letter to the Contractor on 12 November 2014 for the procurement
of the 11 additional fixed speed cameras and some computer equipment for some
Rs 23.6 million.
Observations
The sites for installation of the fixed speed camera were identified by the TMRSU, but
were not approved by a Committee.
There were no detailed justifications or criteria applied for the identification of each of
the abovenamed additional potential sites for the above procurement.
Ministrys Reply
Out of the 20 sites identified, only five sites have been finalized.The Ministry has recently
decided to cancel the order of six speed cameras out of the 11 ordered.
7.2.4 Revenue Management of Fines
The speed camera system at the TMRSU generates a Photographic Enforcement Device
Notice (PEDN) for each case of speed violation registered on sites by speed cameras. The
PEDNs are signed and despatched to offenders by Police Officers at the TMRSU.
Offenders are required to settle their fines at the District Courts.
Observations
The information system did not, among others, generate status of all PEDNs raised,
whether fines have been paid, outstanding cases and debtors balance. The extent fines
from PEDN have been collected at the District Courts could not be established as the
Judiciary reports all fines collected for all Ministries/Government Departments under one
revenue code.
The fact that the computerized system is at the TMRSU, all the revenue should be
collected at the Unit itself for better management of the penalty system, as done in other
Ministries and Government Departments.
145
A Statement of Arrears of all fines on speed violations were not submitted to the
Accountant General, as required by financial regulations.
Proper follow up of unpaid PEDN was not being made.
Ministrys Reply
The Ministry has recently approved a proposal to improve the information system in order
that it may generate status of all Photographic Enforcement Device Notice raised, whether
fines have been paid and for outstanding cases.
146
147
Recommendations
It is again emphasized that there should be proper planning of the projects thereby ensuring
that funds are available prior to undertaking them. To minimize risks of not meeting its
contractual obligations, NDU should monitor closely the issue of WOs so that the financial
resources allocated are sufficient to meet all commitments.
NDUs Reply
Management has during period January to June 2015 endeavoured to mop all outstanding
commitments. In this respect, no new WOs have been issued. Moreover, WOs where way
leaves and other clearances were not yet obtained, were systematically cancelled.
7.5 Planning and Managing Contracts and Projects
Rate contracts for the construction and upgrading of roads and drains were awarded on a zone
wise basis through Open Advertised Bidding while emergency projects were awarded to
either the existing zonal Contractors or other private Contractors through emergency
procurement. At NDU, a time frame of about six months was set for the implementation of
emergency projects. Following award of rate contracts, WOs were issued as and when
projects were approved.
The examination of the zonal contracts and 46 projects of total contract values of some
Rs 714 million and Rs 732 million respectively had revealed below mentioned weaknesses.
7.5.1 Zonal Contracts
The rate contracts for Zones 1 and 4 were awarded to Contractors A and C respectively in
March 2012 and for Zones 2 and 3 to Contractors B and C respectively in February 2013. The
contracts of 18-month period each expired in September and October 2013 for Zones 1 and 4
respectively, and in August and September 2014 for Zones 2 and 3 respectively.
In July 2014, rate contracts for Zones 1 and 4 for construction and upgrading of drains and
associated civil works for 2014-15 only were awarded to Contractors C and B respectively.
Though all the other rate contracts had expired, tenders were still not yet launched and they
were extended up to March 2015.
Price Adjustment (PA)
The clauses that related to PA in the bidding documents for zonal contracts were not clearly
defined resulting in inappropriate application of PA on the WOs, as shown hereunder:
Contracts Awarded - March 2012
Contradiction of the Clauses. Instruction To Bidders (ITB) 14.6 of the bidding
documents, the prices quoted by the bidder shall be subject to adjustment ... applicable
for fluctuation in prices of bitumen, diesel, cement and reinforcement was in
148
contradiction with the Clause 44.1 of the Particular Condition of Contract (PCC), which
stipulates that the Contract is not subject to PA.
Such clauses within same bidding documents were misleading and could have impeded
on the proper evaluation of bids. As per Clause 1.5 on priority of documents of
International Federation of Consulting Engineers (FIDIC), PCC takes prevalence over
other documents. PA was therefore not applicable and all amounts paid as escalation cost
would deem to be overpayment.
Contractor A submitted two claims for escalation costs of some Rs 9.5 million for
85 WOs completed in 2012, and Rs 13 million for 76 WOs completed in 2013. The first
claim was paid on 18 November 2013 and the second one was still outstanding as of
March 2015. NDU needs to seek advice to establish whether these claims are payable.
PA Formula. The uniform application of PA formula based on fluctuations of bitumen,
diesel, cement and reinforcement, was not relevant for all WOs issued. For instance, the
use of bitumen would either be insignificant or none in drain works and dredging of rivers
compared to road works. PA should be based on inputs, which have large impact on the
works.
For three WOs namely Cleaning and Dredging River Sche Canal at le Hochet,
Construction of Rock Bunds at Canal Dayot and Cleaning of St Louis Downstream
Ring Road of a total contract value of some Rs 43 million, the major items supplied were
rocks and geotextile. The input of bitumen, cement, reinforcement and fuel did not have
any impact on the said WOs. Thus, escalation costs of some Rs 3.5 million for works
certified of some Rs 31 million, were not justifiable.
Application of PA. PA was applied as soon as Contractor was entrusted with the works.
There should not be any PA on works undertaken during the first year of contract as
Contractors would normally quote for current market prices. Further, the Public
Procurement Regulations (PPR) stipulates that where the procurement contract provides
for the possibility of PA, the contract shall specify the conditions, the frequency with
which PA may be implemented, and the procedures to be followed. Thus, the date
applicable to charge PA should have been specified.
Contracts Awarded - February 2013
ITB 14.6 stipulates that the bidder shall furnish the indices and weighting for the PA
formulae in the Schedule of Adjustment Data. According to Clause 13.8 of FIDIC, in
this sub clause, table of adjustment data means the completed table of adjustment data
included in the Appendix to Tender. If there is no such table of adjustment data, this sub
clause shall not apply.
As per Clause 13.8 of FIDIC, PA was not applicable as no formula was provided in the
bid document. Hence, escalation cost of some Rs 4.5 million claimed on 24 projects
should not have been paid to Contractor B.
Recommendations
NDU needs to review and ensure consistency in every aspect of the bidding documents. It
should stand guided by the provision of the PPR thereby ensuring that among others, the
149
contract shall specify the conditions in which PA is permitted, the formulae and indices to be
referred to.
NDUs Reply
According to the then Adviser on Quantity Surveying, all PA were calculated as per contract.
All tenders to be launched would henceforth not make any provision for escalation cost.
There would also be no provision for same in the Framework Agreements.
7.5.2 Non Compliance with PPA and PPR
Extension of Contracts and Additional Works
There were cases of additional works, which exceeded the limit of 30 per cent prescribed in
the Public Procurement Act (PPA) and the PPR. For example:
For zonal contracts, the additional WOs issued during the extended periods, that is from
expiry of the existing contracts to December 2014, to the Contractors of Zones 1, 2 and 4
amounted to Rs 334 million, Rs 109 million and Rs 380 million respectively. These
figures represented about 185, 63 and 244 per cent of the respective initial contract values
of Rs 181 million, Rs 173 million and Rs 156 million.
For the project Construction of Mini Soccer Pitch, the sites were not yet identified prior
to bid and at time of awarding the contracts. Additional works allocated for four pitches
ranged from 43 to 80 per cent of their respective initial contract values.
Emergency Projects
For three emergency projects, extension of time ranging from 5 to 17 months was granted
beyond the time frame of six months. This was not in line with the PPA, which provides that
the scope of the emergency procurement shall as far as possible be limited to the period of the
emergency.
Award of Major Contract
The contract for LPG - Fired Human Cremation Furnaces of Rs 55.2 million, which was
above the prescribed amount of Rs 50 million and considered as a major contract, was
awarded without approval of the Central Procurement Board (CPB). This was not in
accordance with the PPA, which stipulates that no public body shall award a major contract
unless the award has been approved by the Board.
7.5.3 Non Compliance with Instructions/Conditions of Contracts
Instructions To Bidders (ITB)
For 2014, the awards of zonal contracts for Zones 2 and 4 to Contractor B and for Zones 1, 3
and 4 to Contractor C were not in accordance with ITB 39, which stipulates that any one
bidder will be awarded one contract for one Zone only. Moreover, such award of more than
150
one Zone might raise concerns as to the performance and capacity of, among others,
personnel/labour and equipment of the selected Contractors.
Unresponsive Bid
The Tender File for the project Construction of Mini Soccer Pitch was untraceable. The
tender procedures related to this procurement could therefore not be assessed. From
documents available, it was noted that the Contractor was selected despite his bid was not
responsive as the financial statements submitted were for two periods instead of three; and
the average turnover of the two periods was less than Rs 3 million, as provided at ITB 6.2(g)
and 6.3(a).
Performance Security
According to the General Conditions of Contract (GCC), the Performance Security (PS) shall
be valid up to the issue of the Defects Liability Certificate. In two projects, the PS was not
extended to cover the Defects Liability Period in respect of works, which were not completed
within the contractual period.
Extension of Time (EOT)
According to GCC, if the Contractor failed to give early warning of a delay or has failed to
cooperate in dealing with a delay, same shall not be considered in assessing the new Intended
Completion Date (ICD). In four projects, neither early warning was given by the Contractor
nor was the EOT approved by the Project Manager (PM) supported by documentary
evidence. Further, in one project, there was no approval of EOT despite the fact that the ICD
was revised.
Liquidated Damages (LD)
According to GCC and PCC, the Contractor shall pay LD at the rate per day stated in the
PCC for each day that the completion date is later than the ICD. In six projects for which
there was no approval for EOT, LD totalling Rs 6,520,000 were not charged. Further, for two
projects, NDU refunded LD of Rs 1,560,000 due to EOT of twice/thrice the initial duration
for completion of works granted afterwards to the Contractors.
Variations of Works
For the project Drainage Works at Bell Village, a sum of Rs 21,685,928 representing
several items for which no provisions were made in the WOs, was paid to the Contractor. No
supporting evidence was seen in terms of instruction issued or agreement reached for
justification of such payments.
Changes in the Contract Price
According to GCC, The PM shall not adjust rates from changes in quantities if thereby the
initial contract price is exceeded by more than 15 per cent, except with the prior approval of
the NDU. For the project Construction of Drains at Amaury, no approval was seen for
revised rate of one item resulting in additional payment of Rs 12,065,807, that is about
35 per cent of the agreed amount of Rs 34,233,245.
151
153
Recommendations
NDU should ensure that procurement procedures are followed in a competitive, transparent
and ethical manner. All documents evidencing the steps followed must be properly filed so
that they are readily available, as and when required by relevant stakeholders.
NDUs Reply
Only on receipt of way leaves that the works at different places were started, which resulted
in having different start dates and different completion dates. Procedures have been followed
because all the works undertaken formed part of the report submitted by the Consultant and
agreed by NDU. Reconstruction of Gayasing bridge and the upgrading and opening of the
second span of the bridge along Ruisseau de Creole were initiated in 2014 within the same
WOs.
Construction of Reinforced Concrete (RC) Buildings
The constructions of 12 RC buildings to accommodate incinerators across the island were
divided into four lots of three sites each. Following tender exercise, the contracts for a sum of
some Rs 37.9 million were awarded to four Contractors on 26 June 2012.
An examination of records relating to works under Lots 1 and 4 revealed that there were
delays in starting and completing the construction of the RC buildings at five sites. For two
sites of Lot 4, the lands were not yet identified at time of award of contract, and the works
started more than one and half years later, at the respective sites after purchase of lands.
Upon termination of the contracts for the five sites, although the performance was
unsatisfactory and there were considerable delays in completion of the works, the Contractors
were already paid part of the contract sums. Further, both PS of Rs 937,000 and Rs 780,000
were not forfeited and LD were not claimed. The remaining works were thereafter
re-awarded to zonal Contractors. The contract sums and the percentage increase in initial
contract values for each Lot are given in Table 7-3.
Table 7-3 Increase in Contract Values
Lot
Initial
Value
Rs
Paid on
Termination
Rs
Re-awarded
Total
Rs
Rs
Increase in
Value
%
9,368,094
4,662,809
12,895,136
17,557,945
87
7,800,000
5,179,090
8,301,500
13,480,590
73
154
Recommendation
NDU should ensure that all requirements specific to particular projects are available prior to
tendering exercise so as to avoid cost overrun and delay in completion.
NDUs Reply
Major increase in value was due to site condition, additional facility, tarmac enlarged,
additional items in Mechanical & Electrical, cut and fill operation was not included in the
original contract and drawings had been modified. EOT will be assessed and LD will be
applied in due course. As regards PS of more than Rs 1,000,000 not being forfeited nor
claimed for delays, Management will look into the advisability of appropriate action
The project comprised three components namely Construction of RC Building, Site works
and Supply and Installation of gas incinerators. The original amount earmarked was
Rs 47 million. As at date, the project has yet to be completed and cumulative amount paid so
far was Rs 84,970,449 for all components of the project. The expected amount outstanding is
roughly Rs 30,190,000. Consequently, the project is estimated to be completed at an amount
of Rs 115,160,449.
7.6 Consultancy Services
NDU had recourse to private firms for consultancy services under different projects, like
drains and road works, buildings, embellishment and infrastructure and lighting to sports
infrastructure. For the past three years, payments for consultancy services totalled some
Rs 173.4 million.
Observations
No Approval for Extension of contract
The contracts awarded to four Consultants, which had expired since long, with two of them
since 31 July 2010, were extended. However, approval for extension was not obtained given
that:
For two Consultants, Clause 3.03 of Conditions of Contract stipulates that the employer
shall not extend the contract period for whatsoever reasons.
For two other Consultants, the CPB did not approve the request for extension in view of
Clause 5.10 of the tender documents, which stipulates that the contract period shall in no
case, be extended beyond the period of 18 months.
Hence, over and above the agreed estimated contract values (ECV) and consultancy fees,
NDU did not have any covering approval for allocating further ECV and the corresponding
fees during the extension. For instance, there was no approval for allocating further ECV of
some Rs 1.0 billion and for payment of fees of some Rs 25 million to one Consultant as of
31 December 2014.
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The legislations governing the State land are mainly the State Lands Act, the Pas
Geometrques Act and the Land Acquisition Act.
The scope of audit covered mainly the industrial leases of State land. A number of files
especially those dealing with leases of State land were not made available for examination, as
they have been referred to the Land Fraud Squad and the Independent Commission Against
Corruption (ICAC).
8.1.3 Grant of Industrial Leases by Government
Companies were granted valuable and large portions of State land on the Pas Geometriques
for hotel and bungalow projects, and these plots were still undeveloped.
Case 1 - In two cases, the same promoters have obtained two separate plots of State land in
the name of two different companies along two different coastal regions. These lands have
not yet been developed.
The Ministry has stated that both cases are currently under Police investigation.
Case 2 - A plot of land of an extent of 10 acres situated at Solitude was compulsorily
acquired by the Ministry for a public project at the price of Rs 8.5 million. The project was
abandoned, and the plot of land was then awarded to a private company for the setting up of
an entrepreneurial village.
The original owner of the land has served a Notice of Motion to the Ministry.
Case 3 - State Land at Balaclava
State land of an extent of 44A 68p located on Balaclava Pas Geometriques, was leased to
nine companies, in lots varying from 2A19 to 11A68 and consisting of seven bungalows and
two hotels projects.
Only one project relating to the construction of bungalows was operational. The promoter
who initially obtained the State land of extent 18,995 m2 (4A50), has already sold the lease to
a new private investor who invested massively in the project.
Eight of the nine companies have not yet developed their projects. The promoters were not
financially capable to undertake those projects.
One company was granted a 60 year lease of State land of 9,200 m2 (2A19) on 19 September
2007. The shareholders have already transferred 3,066 shares to private investors for cash
proceeds of Rs 57,688,082.
Another entity obtained a plot of State land of an extent of 11A68 on 18 September 2007 on
the same Pas Geometriques. The company was incorporated on 4 July 2008. The promoters
of this company have already transferred all their shares to new investors.
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Case 1 State land of extent 44A68 situated at Balaclava Pas Geometriques was allocated to
nine companies to develop seven projects relating to construction of bungalow complexes
and boutiques and two hotel projects.
Case 2 A lease for hotel project was converted into that of bungalows for sale at Palmar Pas
Geometriques.
On 12 August 1987, Government approved the grant of an industrial lease to a company on
part of Pas Geometriques Palmar of an extent of 8,442 m2 for hotel development and which
was subsequently extended by another 3,465m2 on 3 July 1989.
On 19 February 1991, the promoters made a request to change the project to that of
constructing a bungalow complex for high class tourists wishing to have all facilities within
it.
During 1997, the company made another request to modify the lease to that of bungalows for
sale among the shareholders of the company.
In August 2006 and as per documentary evidence, it had already constructed 12 bungalows,
in spite of the fact that there was, then, no approval to construct the individual bungalows.
The Ministry approved the grant of 60 year lease for a bungalow complex on 16 February
2011.
The company has not yet signed the lease agreement and has been paying the old rental
charge of Rs 45,000 per annum since 1 July 2007.
The Ministry has informed that the case is currently the subject of an enquiry by ICAC.
8.1.6 Letter of Reservation
The Ministry issues a Letter of Reservation (LOR) to the applicant, once approval of Cabinet
is obtained.
The following conditions apply: The reservation is for a period of 12 months;
A cash deposit, to be determined by the Ministry is required to be made within a period of
one month as from the date of the LOR;
Submission of three copies of the preliminary plans within a period of three months as
from date of the LOR
For failure to comply with the conditions of the LOR, the reservation fee would be
forfeited.
In one case, the Ministry did not process any application and therefore did not issue the LOR
and yet, approval was obtained on 7 May 2014, to grant a plot of State land of an extent of
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5,571 m2 to a lessee for construction of bungalow complex. The promoter has already paid a
Contribution of Rs 1,980,000 to the Consolidated Fund. The lease agreement has not yet been
signed.
The Ministry stated that the case is currently under investigation.
The Ministry did not carry out enquiries on the financial capabilities of the applicants
applying for lease of State land to be developed for industrial purposes.
There were cases of State land having been leased to promoters since 2006 for projects and
these lands were not yet developed.
In a number of cases, the Ministry extended the reservation periods following requests
received from promoters. In the other cases examined, the Ministry had neither revoked the
LOR nor forfeited the reservation fee despite the fact that companies failed to comply with
the conditions of the LOR.
The Ministry issued LOR to entities which did not exist. In three cases examined, it was
noted that LORs were issued to companies that were not yet incorporated.
Case 1 LOR and Letter of Intent relating to a lease of 16,882 m2 of State land situated at
Palmar were issued to a company on 16 March and 30 November 2009 respectively. The
company was incorporated on 7 January 2010.
Case 2 LOR relating to a lease of 49,300 m2 of State land at Balaclava Pas Geometriques
was issued to the company on 18 September 2007. The company was incorporated on 4 July
2008.
Case 3 A private company was incorporated on 17 August 2006 and was granted 10 acres
of land at Solitude. The land was acquired under the Land Acquisition Act. The deal has been
modified a number of times and the Ministry issued the first LOR on 27 July 2006.
Ministrys Reply
The Ministry does not have the necessary manpower and expertise to assess the financial
capability of the promoter in undertaking the project
In the new policy framework for allocation of State land, it is being proposed to set up a multi
sectoral committee comprising inter alia representatives of Ministry of Finance and
Economic Development (MOFED) and Board of Investment. This Committee will be
required to assess the viability of the project as well as the financial profiling of the
proponent prior to any recommendation being made to Cabinet for allocation of land.
The Ministry is presently closely monitoring the situation. All cases where development has
not taken/is not taking place or any conditions not satisfied, retrieval of land is being resorted
to, subject to AGOs clearance.
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The Ministry received two contradictory rulings on the issue of rental charges payable in
accordance with the above law.
Advice was sought on 14 October 2008 as to the course of action to be adopted in respect of
industrial leases and to which, on 27 December 2008, AGO advised that the new lease and
the new rental were to take effect as from 19 July 2008 that is the coming into operation of
the amendment to the State Lands Act and in case of a lease which had already expired
before 19 July 2008 and was awaiting renewal, the lessee was required to pay an indemnity
for use and occupation of land for the period starting from the expiry of the lease to 19 July
2008. The indemnity to be calculated on the basis of the new rental provided for in the State
Lands Act.
The Ministry again sought another advice on 21 February 2012 from the AGO, which then
stated in a specific case, that:
The terms and conditions of the old lease should prevail until such time as a new lease is
signed between the parties;
The indemnity payable for the period running from 1 July 2007 to date of signature of a
new lease to be at the old rate.
The Ministry has stated that the specific case is currently under inquiry at the level of ICAC.
Recommendations
(a) Leases of State land are to be granted for genuine development projects.
(b) A screening of the application for State land is necessary to assess the financial capability
and experience of the promoter who is undertaking the project.
(c) New terms and conditions are to be inserted in the LOR and Letter of Intent compelling
the lessee to sign the lease agreement within a period of time. The reservation period
cannot be extended for unduly long periods of time.
(d) The State Lands Act and the Pas Geometriques Act should be amended to empower the
Ministry to lease plots of land solely by public auction.
(e) The Ministry should consider the possibility of repossessing any undeveloped land so that
judicious use can be made of this resource.
(f) The Ministry must establish an Inventory of State land, as this vital information will assist
in a better planning of all its land, both in the short term and long term.
(g) Provisions of the law and the terms and conditions stated in the LOR, Letter of Intent as
well as the Lease Agreement should be enforced.
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Ministrys Reply
The Ministry is presently examining and identifying weaknesses in the present system of
allocation of State land to propose a new and detailed mechanism to bring fairness,
transparency and accountability in the whole process of State land allocation.
It is also working on a revised policy framework which will lay down the procedures for
processing of applications for the allocation of State land by including appropriate
harmonized legislative frameworks. The approval of Cabinet will be sought on the policy
proposal. The new policy framework will be made to capture a procedure whereby the
necessary competencies will be tapped from Ministries/Departments concerned to screen in a
structured manner the profile of proponents.
The Ministry has already cancelled a number of leases, Letters of Intent and Letters of
Reservation and the cash deposits have been forfeited in all the cases concerned. As regards
unpaid rent and arrears, the cases have been and are being referred to AGO for legal action.
8.2 Arrears of Revenue - Rs 403,835,194
The arrears of revenue as at 31 December 2014 totalled Rs 403,835,194 and comprised the
following:
Item
141-5-002
Type of lease
Rs
Rs
17,790,910
37,594,512
55,385,422
41-5-003
141-5-003
330,739,181
Ex CHA
17,710,591
Total
403,835,194
159,405,208
87,274,536
157,155,449
Total
403,835,194
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Observations
(a) Annual lease rentals are payable in advance on 1 July. The above total arrears figure was
also stated in the Return of Arrears of Revenue submitted to the Accountant General
Department for the financial year ending 31 December 2014.
(b) The above figure excluded a sum of Rs 398.4 million representing amount due by lessees
who had already opted for the 60 year lease, but have not yet signed the lease agreements.
(c) The arrears figures of the past four financial years, as stated in the Accountant Generals
Statement of Arrears of Revenue are shown in Table 8-1.
Table 8-1 Arrears Figures of the Past Four Financial Years
Financial Year ending
Rs
31.12.2011
355,828,173
31.12.2012
386,003,828
31.12.2013
409,806,285
31.12.2014
403,835,194
(d) Management of debtors was not satisfactory and follow up action considered inadequate.
(e) Article 13 (a) of the lease agreement refers to cancellation of lease de plein droit,
without the payment of any indemnity where the rental has remained unpaid for more
than three months. A written notice is sent by registered post to the lessee requiring him
to pay the rent within a specified period. This provision has not been complied with.
(f) Interest at the legal rate of eight per cent is applicable for late payment of rent from the
due date. However, as per Return of Arrears of Revenue, the amount did not include the
accrued interest.
(g) The majority of arrears comprised lease rentals of State land allocated to lessees who
have not developed them.
(h) For the financial year ending 31 December 2014, only four cases of arrears were referred
to AGO for prosecution. For the two financial years to 31 December 2013, the Ministry
had referred 62 and 6 cases of arrears respectively to AGO. The outcome of legal action
was still not known.
(i) Annual increases have been noted in the arrears figures. Following a sample examination
of 16 such cases, it was noted that the lessees were not paying the lease rentals. The
possibility of these lessees not paying the arrears exists and the amounts due from them
may be considered irrecoverable.
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Ministrys Reply
Action has already been initiated/taken by the newly set up Debt Recovery Unit in February
2015 to recoup the remaining arrears.
The Ministry sends three reminders to lessees for recoupment of arrears and rent not paid. It
has recouped Rs 17 million following the issue of reminders.
In cases where land has been developed and the lessees are not paying rent, the three
reminders are sent by the Debt Recovery Unit. If still the lessees do not comply, the cases are
referred to AGO for recovery of debt or ultimately the resumption of the possession of the
land after clearance from the latter.
Action is being taken to cancel the lease de plein droit when the AGO so advises the
Ministry.
In certain cases, the Ministry has had recourse to Article 15 (c) of the lease whereby the
lessee is served a 48 hour notice to settle all claims due, failing which the lease is cancelled.
8.2.1 Sample List of Arrears Cases
Of the 16 cases of arrears examined, details of six of them are given below:
Case 1 Three hotels already in operation and located at three different coastal regions and
being managed by an international group of hotels under a management contract, owed a total
of Rs 84.6 million in terms of lease rental.
The Ministry has stated that it is still awaiting for documents from one hotel. The second
hotel has requested for waiving of rental for three years, due to its closure, and a decision has
yet to be taken by the Ministry. The third hotel has applied for a moratorium and waiving of
interests. The case is still under consideration.
Case 2 A company obtained 29A65 of State land at Palmar Reserves in November 2012, to
set up an Ayurvedic Sanctuary and has not yet developed the site. It opted for the 60 year
lease but has not signed the lease agreement. At 31 December 2014, the company owed some
Rs 27.1 million for lease rental.
The Ministry has stated that the Letter of Intent was cancelled on 28 May 2015 and it has also
forfeited the cash deposit of Rs 4 million in favour of Government. Moreover, the case has
been referred to AGO for recovery of unpaid rent.
Case 3 - A Societe was granted nine acres of State Land at Les Salines in June 2006 for the
construction of bungalows. At 31 December 2014, it owed some Rs 62.9 million. In October
2014, the Societe informed the Ministry that it had not yet started the project due to the fact
that the site was not provided and serviced with roads and utilities. It had also made a request
to the Ministry to waive all the arrears.
The Ministry has stated that MOFED has yet to come with a solution regarding cost sharing
mechanism for contribution to the infrastructural works.
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Case 4 A fish farming company holds two industrial leases of 15.6 acres and 3.4 acres
respectively at PG Quatre Soeurs and a third one of 5.7 acres at Pointe aux Feuilles Village. It
was also carrying out fish farming activities in the Old Grand Port Lagoon against payment
of an annual rental. The company owed some Rs 6.9 million and it had not paid any rent
since the date the leases were granted.
Case 5 A company was granted two plots of State Land of 44A65 and 25A38 at PG Les
Salines for hotel development on 17 February 2006. At 31 December 2014, it owed some
Rs 82.2 million and Rs 51.3 million respectively for the two plots. The company opted for the
60 year lease but has not yet signed the lease agreements.
At 30 June 2015, both State lands were not yet developed.
The Ministry stated that the AGO advised revocation of letters of intent and forfeiture of cash
deposit of Rs 6 million in favour of Government of Mauritius for breach of conditions of the
Letter of Intent dated 24 July 2009. It has already issued the Letter of Revocation on 5 June
2015.
Case 6 A company was granted two plots of State land for a hotel project at Barachois, Les
Salines of 5A85 and 32A17 on 7 June 2005 and 7 December 2011 respectively. At
31 December 2014, it owed some Rs 17.4 million and Rs 36.2 million respectively for the
rentals of the two plots of land.
The company has made a request to the Ministry to waive all rental amounts due until they
are able to start construction of the hotel, which has not been possible yet, because water and
electricity are not available.
The Ministry has not yet taken a decision as to the rent due and that MOFED has not yet
come with a solution regarding the cost sharing mechanism for contribution to the
infrastructure works.
Recommendations
Debtors should be closely followed up. Reminders should be sent monthly. The Ministry
should consider it a priority to clear the long outstanding debts. Other debt recovery
methods should be explored, that is, phone calls to the debtors and visiting the lessees.
Legal action should also be contemplated for non-payment of arrears.
The Return of Arrears of Revenue should be inclusive of the interest element of eight per
cent on the amount due to the Ministry.
The Ministry has informed that a close monitoring is being carried out by the newly set up
Debt Recovery Unit. All accrued interests are being captured as from 30 June 2015 by the
Revenue System in place and claimed from debtors.
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8.3 Campement and industrial site leases opted but not yet signed
The Finance (Miscellaneous Provisions) Act 2008 brought a number of amendments and
changes to the State Lands Act whereby it is stipulated that a lease granted for industrial or
commercial purposes shall be for a period not exceeding 60 years and be subject to payment
of an annual rental corresponding to the zone specified in the Second Schedule.
Option forms were sent to all lessees to either irrevocably opt or enter into a new lease or
may choose to pay the existing rentals until the lease expires. The closing date was extended
to 30 September 2009.
From records kept at the Land Information Unit, 43 campement site lessees and
44 industrial/commercial lessees have still not signed the new lease agreements and were
therefore paying the old rentals, despite the fact that they opted for the 60 year lease.
There was a substantial shortfall of revenue estimated at Rs 398 million, as a result of
non- payment of the revised rental charges.
Recommendation
The Ministry should enforce the provisions of the law.
Ministrys Reply
As at 17 June 2015, out of the 43 campement site lessees, in two cases of subdivision, the
lessees have already signed their new leases (comprising five lots), two lessees have not
opted for the new 60 year lease while three cases are subjudice.
Out of the 44 industrial/commercial leases, six lessees have signed their new leases; in
13 cases documents are awaited from the lessees, and two cases are subjudice. Action is
being taken to resume possession in one case.
New rent payable in respect of campement sites is effective as from scheduled date of
signature of lease.
8.4 Deposits Sundries Account Rs 81,978,471 (of which Rs 81,959,057 comprise Land
Reservation Fees)
The above figure is made up of deposits received from potential investors, companies and
individuals relating to reservation of State Land for the construction of industrial, commercial
enterprises and bungalows
The procedure is that an application for State land must be addressed to the Ministry. The
latter will issue a Letter of Intent to the applicant upon satisfying all the conditions in the
Letter of Reservation. A lease agreement is then signed between the two parties.
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One of the conditions of the lease agreement is that the lessee should complete the
construction of the industrial building and installation of its plant within a period of
36 months from the date of signature of the lease.
Observations
There were a number of cases where the Ministry had already received deposits from
potential investors relating to reservation of State land and no construction works have yet
started. At 31 December 2014, it was estimated that some 590 acres of State land were
reserved by 64 beneficiaries for projects to be developed in the coastal regions. In a few
cases, the Ministry had issued the Letters of Reservation since 2004.
Recommendation
The Ministry should revoke those reservations of State lands that have not yet been
developed.
Ministrys Reply
Ten leases, ten Letters of Intent and ten Letters of Reservation have been cancelled. Some
22 more cases have already been referred to AGO for retrieval of land. However, replies are
still awaited in 11 cases. In the remaining 11 cases, land cannot be retrieved as per AGOs
advice.
For cases of cancellation of leases and Letters of Intent, the matter has been/is referred to
AGO for recoupment of unpaid rent and arrears.
Another ten more cases were identified for retrieval of land. Due to investigation which is
presently on, these cases have had to be put in abeyance.
8.5 Deposits not Transferred to Miscellaneous Revenue
Financial Regulations provide that deposits outstanding for more than five years are to be
transferred to Revenue.
Deposits outstanding for more than five years and totalling some Rs 47,531,614 were not
transferred to Miscellaneous Revenue.
Recommendation
Deposits of over five years should be transferred to Revenue in the absence of any special
reasons to the contrary.
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Ministrys reply
Reservation fees held in deposit account for more than five years and totalling Rs 28,016,614
have been transferred to the Miscellaneous Revenue, Treasury
A total of Rs 14,805,500 of the reservation fees held in Deposit Account at the Ministry has
been forfeited in favour of Government.
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173
Performance Security expired on 8 January 2015 and would thus not be valid up to the end of
the Defects Liability Period.
9.1.2 Project Completion
The Centre which was completed on 9 January 2014 was inaugurated on 5 March 2014. It
was operational as from 15 May 2014 and the first intake of residents was on 28 June 2014.
Defects were noted after intakes of residents and were reported to have caused much
discomfort to users.
Proposal for the disqualification of the Contractor in future procurement proceedings in
accordance with Public Procurement (Disqualification) Regulations which was initiated by
the MSS was, however, not pursued further.
9.1.3 Site Visit
A site visit was effected by my Officers on 4 June 2015. A hot banqueting equipment
purchased at a cost of Rs 197,951 and delivered on 24 December 2013 could not be
accommodated in the kitchen due to narrowness of the door and was therefore left in the
dining room. This is contrary to regulations made under the Food Act requiring that food
prior to consumption needs to be handled within the kitchen area for protection against
contamination.
The Centre was not provided with rain water drainage system. Hence there might be risks of
flooding during heavy rainfall. The compound of the Centre was flooded after the approved
completion date and it was reported that the ballast tank and the pump room of the swimming
pool were flooded with muddy rain water, thus damaging the pool plant. The swimming pool
was put out of use since 22 April 2015, after notification made by the maintenance contract
Service Engineer of the absence of an essential electrical life protection device.
The Day Care Centre forming part of the compound was not yet operational.
Recommendations
The Contract works should be adequately supervised and closely monitored to ensure
quality of works and its completion within the time frame specified in the letter of award
so that the MSS could have optimal benefits of the Centre.
Contract management should be enhanced to ascertain compliance with all conditions of
contract, including Performance Security to safeguard Governments interests.
The requirements of the MSS should be thoroughly discussed with the MPI so that proper
drawings and accurate cost estimates are prepared prior to invitation of bids. There should
be proper planning for works to be carried out so that problems such as, absence of
provision for access of handicapped persons, impossibility of placing equipment in the
kitchen do not arise during or after contract works
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The Project Manager should ensure that the Contactor supply all equipment according to
specifications and make, specified in the Bills of Quantities.
Ministrys Reply
(a) Extension of time was granted for additional works and for preserving the National
Heritage Site located in the compound of the Centre which was being attended by another
Contractor. The Certificate of Completion was not issued promptly as the advice of the
Attorney Generals Office on the issue of sectional completion was awaited.
(b) Sectional completions were accepted as space was required for the storing of furniture
and equipment purchased for the Centre in December 2013.
(c) The solar water heaters which were not as per contract were replaced without additional
cost. The hot banqueting equipment is being kept in a well-partitioned closed area. The
electrical security device was provided on the swimming pool distribution board. The
Contractor has been requested to provide a security device to the main circuit.
(d) Rain water drainage system was provided and the external areas were covered with green
surfaces, paving blocks and coral finish. The MPI has provided design for additional
soakaways for implementation outside the contract.
(e) Liquidated damages for period 27 October to 18 November 2013 will be applied and
deducted in the Final Payment Certificate. The Defects Liability Certificate could not be
issued since defects and snag lists were not remedied. No action was taken by the MSS
for the disqualification of the Contractor from participating in future procurement
proceedings as no such recommendation was made by the MPI.
(f) The Day Care Centre was not yet operational due to budgetary constraints.
9.2 Social Protection Rs 1.56 billion
The Social Aid Act provides for the payments of social assistance by the MSS to low income
and needy persons. Social aid is payable to persons who are unable to earn a living, to
dependents of prisoners and to abandoned spouses.
Regulations for payments of new rates for the various types of social aid applied as from
January 2013 and January 2014, were made by the Minister on 11 February 2015 and
gazetted on 14 March 2015. New rates were however, applied well before regulations were
made by the Minister. This is not in line with the Social Aid Act.
9.2.1 Social Safety Net - Rs 1.3 billion
Payments of some Rs 1.56 billion were effected for Social Protection. Rs 1.3 billion
(83 per cent) related to the Social Safety Net, which included Rs 1.09 billion as social
benefits. The following shortcomings were noted:
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Information relating to other sources of income was not readily available from
stakeholders within the short timeframe required for approval of award. The MSS
ensures that any wrong declaration is subject to severe penalties.
The review of the standalone computerised system for DV and linkage with other
Systems is one of the priorities of the e-Social Security Project.
9.3 Transfers to Charitable Institutions- Rs 77.7 Million
A sum of Rs 77,778,821 was disbursed as Capitation Grant to Charitable Institutions and
Inmate Allowances in 2014. Payment of Capitation Grant was computed according to the
number of inmates admitted in the Charitable Institutions. Shortcomings, such as absence of
Controlled Forms for input into Computer System, Register of Visits by Officers of the MSS,
and receipts of cash not acknowledged by inmates as reported at paragraph 9.6 of the Audit
Report for the year ended 31 December 2013 still prevailed. However further shortcomings
were noted in 2014:
Payments of Inmates Allowance as well as Capitation Grant could not be substantiated in
the absence of the Death Certificates of inmates. The Capitation Grants, in respect of two
inmates who passed away on 17 July and 17 August 2014 were computed up to
31 December and 30 November 2014 respectively, hence, an overpayment of the Grant.
Ministrys Reply
The comments made in Audit Report for the year ended 31 December 2013 were being
closely monitored.
Controlled Forms for variation of Capitation Grant are now being used. Actions will be
initiated to obtain monthly updated list of inmates, reconcile pay sheets and retrieve
overpaid amounts.
Inmates/Managers of Charitable Institutions will henceforth acknowledge receipts of
Inmate Allowance.
In all cases, copy of Death Certificate is now annexed in the respective case file of
inmate. The Charitable Institutions have agreed to refund the overpaid amount.
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implementation status was still not available. Critical issues might still remain unattended
after three years.
Access rights were not properly managed. Active users in the System exceeded the number of
officers servicing respective Units. Users had access with two different login ID. Access
Rights were not removed in respect of Officers whose roles had changed. Common login ID
was still being used by different Officers.
A Contingency Plan ensures that the business process and IT Infrastructure of an
organisation are able to support mission needs after a service disruption or disaster. An
IT Contingency Plan was not available as of June 2015.
In September 2014, Government approved the e-Social Security System to replace the
existing Systems and weaknesses reported would be taken on board. In the meantime, the IT
Systems still remain vulnerable. Promptly addressing the shortcomings highlighted will
enable the MSS to ensure that it is operating in an environment free of IT related frauds and
irregularities for the payment of pensions and benefits, and that its IT Systems are resilient to
threats pertaining to natural calamities or malicious attacks.
This would require among others, setting up of a Steering Committee, adoption of approved
IT policies, addressing the existing security flaws, ensuring continuity of the service through
the adoption of an approved Contingency Plan.
Ministrys Reply
A Joint Committee with the Ministry of Technology, Communication and Innovation has
been looking on major issues relating to the poor performance and delivery of solutions
by the present software developer.
Officers were trained on IT security issues.
The complexity of the old IT System did not provide for immediate intervention.
Necessary manual procedures and security features have been introduced to ensure that
there is required control.
The issue of access rights was being cleared and necessary procedures have already been
reviewed and implemented.
The implementation of a Contingency Plan is a priority earmarked as part of the e-Social
Security Project.
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10 - MINISTRY OF EDUCATION
AND HUMAN RESOURCES
10.1 Supply and Commissioning of Tablet Computers for Form IV Students and
Educators Rs 134,349,018
10.1.1 Award of Contract
On 8 November 2013, contract for the supply and commissioning of 26,100 Tablet
Computers for Form IV Students and Educators, was awarded to Company A for the sum of
Rs 134,349,018, inclusive of VAT.
The Tablets, originally meant for Form IV Students in 2013, Year 4 Pre-vocational Students
and Educators, were actually distributed to Form V Students and Educators in July 2014
when the Students were busy preparing for the School Certificate Examinations.
As of 31 March 2015, total payments effected to the Company A amounted to
Rs 127,631,568.
10.1.2 No Access to Internet Facility (WiFi)
A Steering Committee comprising representatives of the Ministry of Education and Human
Resources (MEHR), the then Ministry of Information and Communication Technology
(MICT) and the Ministry of Finance and Economic Development (MOFED), was set up to
drive the Tablet Computers project.
The implementation of the project was not properly coordinated, since access to WiFi facility
was not made available by the MICT in all Secondary Schools at time of distribution of
Tablets. Hence, the integrated Classroom Management Software that enabled a virtual
environment in which Educators and students could interact, within a classroom, was not
utilised.
It was only in 2014 that funds were provided to the MICT for the WiFi project, following
which tender was launched in August 2014. However, as of 31 May 2015, the WiFi project
has still not materialized, due to challenges lodged against the proposed award.
10.1.3 Tablet Computers Not Distributed to Pre-vocational Students
The Tablet Computers were meant to be distributed to 20,700 Form IV Students, including
those of Pre-vocational Sector and 5,400 Educators. However, Tablets were neither
distributed to students of the Pre-vocational Sector who were in Year 4 in 2013 since they
had already left schools nor to students who were in Year 4 in 2014, since at time of
distribution in July 2014, they were nearing completion of their studies. As of 15 April 2015,
2,490 Tablets were consequently left dormant at the Central Stores Division (CSD) of the
Ministry.
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no provision for funds had been made for the school connectivity project in the 2013 Budget,
there was no other solution than to implement both projects separately.
Distribution of Tablets to Year 4 students in the Pre-vocational Schools has started since
June 2015.
The online registration of the Tablet PCs in the Tablet Tracking System was dependent
on the availability of connectivity in the schools. However, its absence in many schools,
has led to a registration process that could not be completed.
10.2 Contracts for Construction of Final Phases of Mahatma Gandhi State Secondary
Schools Rs 291.28 million
Contracts for the construction of final phases of three Mahatma Gandhi State Secondary
Schools (MGSSs) for a total contract value of Rs 291.28 million, inclusive of VAT, awarded
by the MEHR to two Contractors, as shown in Table 10-1, were examined.
Table 10-1 Contracts for Construction of Final Phases of MGSSs
Project
Contractor
Contract
Amount
Date of
Award
Contractual
Completion
date
Date of
Handing
over
Amount
disbursed
as of April
2015
Rs
million
Rs
million
Project 1
Construction of
Forms I - V
MGSS Moka Phase IV
Project 2
Construction of
MGSS Flacq Phase IV
Project 3
Construction of
MGSS Nouvelle
France - Phase
III
Total
149.37
09.08.12
25.03.14
Not yet
completed
86.15
84.85
03.06.13
10.09.14
27.02.15
87.29
57.06
05.10.12
26.11.13
18.02.14
56.48
291.28
229.92
183
Project 3 Construction of Music and Dance Block, Design and Technology Block and
Home Economics Block, Computer/Library Block and site works.
The MEHR and Ministry of Public Infrastructure, Land Transport and Shipping (MPI)
adopted a holistic approach with a view to harmonizing the designs and drawings of the
different blocks of the MGSSs to be constructed.
10.2.1 Project 1
The project was hampered due to considerable delays accumulated on site which were
attributed mainly to discrepancies in original site plan, modifications of internal layout of
changing rooms, and review of electrical works in existing toilet block. The Contractor was
regularly requested to increase labour force, to catch up with delays and to submit revised
programmes of works.
Over and above the delay noted, certain works were not carried out in accordance with
specifications and drawings. The rectification of same entailed further delays in progress of
works. There was also a lack of interest on the part of the Contractor to complete the works.
As per the Standard Bidding Documents, the total amount of liquidated damages is not to
exceed between 5 and 10 per cent of the Contract Price. The contract provided for a
maximum of 135 days delay and the maximum Liquidated and Ascertained Damages (LAD)
of Rs 8.1 million, which represented some 5.4 per cent of the contract price. The revised
contractual date of completion, after granting total extension of time (EOT) of 158 days was
1 September 2014. However, as of 30 April 2015, the project was still ongoing and LAD
chargeable had already exceeded the maximum amount. Had the upper limit of 10 per cent
been set, LAD chargeable would have amounted to some Rs 14.9 million.
10.2.2 Project 2
Essential features such as acoustic treatment to walls, false ceilings and double glazing of
windows in the Music and Dance Block, wash basins for the Design and Technology
Workshop and electrical works in several blocks were not provided for in the tender
documents, despite the harmonization of the designs and drawings. During construction
stage, the Contractor was requested to submit urgent quotations for these omissions.
Variation works amounting to Rs 9,555,915 had to be incurred due to the above omissions
and additional works, leading to cost overrun of Rs 7,255,915, net of Contingencies.
Total EOT of 96 days, bringing the revised completion date to 12 December 2014, was
granted to the Contractor to carry out the variation works. Despite the EOT, the provision of
sound proofing treatment to walls and the subsequent electrical and air conditioning works in
the Music and Dance Block, were executed during Defects Liability Period.
184
10.2.3 Project 3
During handing over exercise on 18 February 2014, several shortcomings were noted, namely
in the Design Technology and Home Economics Block. The Home Economics Block was not
operational as no provision was made for gas and water installation in the Cookery Rooms
for Food and Nutrition practical classes. It was only in April 2015, more than a year later, that
cookery classes were held in the new block, but still practical sessions could not be carried
out since the gas installation works were still not functional. In the new Design and
Technology Workshop, health and safety prerequisites, such as provision of washbasin, and
smoke/fumes and dust extractor, were not provided.
Variation works amounting to Rs 5,282,745 had to be incurred due to omissions and
additional works, leading to cost overrun of Rs 2,625,156, net of Contingencies. Given that
the Ministry adopted a holistic approach to the infrastructural works of the different MGSSs,
no omissions and additional works should have arisen.
Remedial works requested immediately after handing over could not be entertained under the
contract as the one-year maintenance period had already expired on 4 February 2015.
According to MPI, these works would have to be carried out by the District Contractor.
Recommendations
Projects should be regularly and closely monitored so that prompt corrective actions are
taken in respect of problems identified. It is the responsibility of MEHR to ensure that
deliverables are done in a timely manner and as per conditions of contract.
Description of works in the Standard Bidding Documents needs to be accurate and
comprehensive to prevent changes in scope of works after award of contract, which
eventually lead to delays and costs overrun.
Adequate site supervision by MPI is imperative for ensuring that clients requirements, as
defined in the contract, are met and constructions are done as per design and
specifications.
Shortcomings encountered during implementation of the project should be taken into
consideration before awarding future contract to the same Contractor.
Ministrys Reply
Project 1
The MPI has been approached to set the upper limit of LAD for future projects.
Subsequently, the issue was taken up with the Procurement Policy Office (PPO). The
latter has stated that it would issue a circular to clarify public bodies on the rationale of
the Standard Bidding Document having indicated a range in the LAD as per best
practices.
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Projects 2 and 3
The Design Review Committee which reviews the projects at the preliminary design and
final working drawing stage will ensure that the clients requirements are met, are
according to norms and required standards, and that there is consistency in typical or
similar projects.
10.3
Contracts for the Procurement of Watch and Security Services in Schools/Institutions were
awarded on 2 December 2013 to two Service Providers for a sum of Rs 136,598,058 for a
period of three years renewable each year subject to satisfactory performance, as shown in
Table 10-2.
Table 10-2 Watch and Security Services in Schools/Institutions
Service
Provider
Total Contract
Value
Rs
Payments as of
December 2014
Rs
76,249,278
25,787,847
60,348,780
19,336,408
Total
136,598,058
45,124,255
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With the exception of one Zone Directorate, no regular meeting was held at the level of
the remaining three Zone Directorates and the Ministry with the Service Providers to
review their performances with a view to ensuring quality standard of service. Only one
meeting was held between the Ministry and the Service Providers on 1 October 2014
prior to renewal of contracts.
No liquidated damages for non-performance have been charged on the two Service
Providers following reports of the Squad Unit of the Ministry on absences of Security
Guards in 56 instances during the months of April to June 2014.
10.3.2 Control over Attendance of Security Guards
Attendance Registers were not kept to record the time in/out of the Security Guards in nine of
the 33 schools/institutions visited, while in certain schools same were kept in the custody of
the Security Guards which is not a good practice as the Register may be tampered with. It
could not therefore be justified on what basis the School Authorities were certifying the
certificates of attendance submitted to Zone Directorates for payments.
Recommendations
Regular monitoring meetings should be held with the representatives of the Ministry,
Zone Directorates, School Authorities and Service Providers to ensure compliance with
conditions of the contract and good service delivery.
The Ministry and Zone Directorates should request Heads of School to submit monthly
report on the performances of the Service Providers and instances of non-compliance with
contractual obligations. Contract should not be renewed unless the Service Providers have
been favourably reported.
A penalty clause sufficient to deter any non-compliance with conditions of contract
should be included in all future contracts.
Ministrys Reply
A fresh circular is being issued to remind Head of Schools to ensure that the Occurrence
Book is properly kept and all relevant details are recorded therein, and the names, ID No.
of the Security Guards and also a Certificate of Medical fitness are submitted prior to
commencement of delivery of services.
The Ministry will ensure that meetings are held with the Service Providers on a regular
basis, both at the level of the Head Quarters and Zone Directorates, with a view to
monitoring performance and ensuring better quality service.
The Ministry will, after consultations with the PPO, review the general conditions of the
bidding documents on expiry of the present contract, so as to make clearer and more
specific provisions for certain conditions and for deduction of payment on noncompliance of terms and conditions.
187
The attention of Heads of School will be drawn for keeping an Attendance Register at the
Ushers Office for proper monitoring of attendance and reporting of persistent lateness of
Security Guards to the Zonal Directorate for necessary action.
10.4 Supplementary School Feeding Programme in Zones DEducation Prioritaires
(ZEP) Schools
At paragraph 10.3 of the Audit Report for the year ended 31 December 2013, mention was
made of the suspension of the Hot Meal Programme by the Ministry as from 18 February
2013, following cases of collective food poisoning reported in a ZEP school in the same
month.
On 28 February 2013, the Ministry decided to construct kitchens and eating corners in four
ZEP schools where food can be stored, heated and served to pupils. The aim is to provide all
the ZEP schools with appropriate kitchens and eating corners, in a phased manner, before
resuming the Hot Meal Programme in order to avoid any health risk to pupils.
10.4.1 Hot Meal Programme (Repas Chaud) Rs 46.71 million
Since the suspension of the Programme in February 2013, pupils of ZEP schools have been
provided with a meal costing Rs 40 daily, comprising bread, butter, cheese, fruit, water and
other supplements proposed by the Ministry of Health and Quality of Life (MOHQL)
pending the construction of adequate infrastructure in all ZEP schools.
For the financial year 2014, some Rs 46.71 million, representing some 36 per cent of the
budgeted amount had been disbursed on this Programme.
10.4.2 Status of Construction of Kitchens/Eating Corners
As of 31 May 2015, the status of the construction works in the four ZEP schools was as
follows:
For Pointe aux Piments and Aim Csaire Government Schools (GSs), tenders were
floated with closing dates 30 June and 14 July 2015 respectively.
Regarding Bois des Amourettes GS, contract was awarded on 28 May 2015, with
expected completion date November 2015.
In the case of Cascavelle GS, the contract was awarded to a Contractor on 26 March 2015
for the sum of Rs 4,616,675, inclusive of contingency and VAT. However, the Contractor
did not sign the contract within the prescribed time limit. On 14 May 2015, the Ministry
decided to annul the award as per the Public Procurement Act. Contract has been awarded
to the next lowest bidder on 28 May 2015, with expected completion date December
2015.
The cost estimates for the construction of kitchen and eating corner in a ZEP school ranged
from Rs 4 million to Rs 6 million.
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Observations
More than two years after the occurrence of food poisoning incident, the Hot Meal
Programme has not resumed, as necessary infrastructural facilities have not yet been
provided in ZEP schools. The delay in the construction of appropriate infrastructure will
no doubt have a direct incidence on the resumption of the Hot Meal Programme in the
four ZEP schools and eventually to all ZEP schools.
The Programme had initially been implemented in a short timeframe, without proper
planning. It has eventually not materialised due to logistical problems encountered during
its implementation. Thus, the Ministrys objective of providing a daily hot meal to pupils
of ZEP schools has not been attained.
Recommendations
Since Government has announced the provision of a hot meal to all pupils of Primary
Schools in the Government Programme 2015-2019, the setting up of appropriate
infrastructure in all schools, the appointment of HACCP Certified Caterers, the cost
implications and the sustainability of the project should be properly considered.
To ensure success of the Programme, the health of pupils, including the nutritional and
educational benefits of providing hot meals to them should be of prime importance. The
Ministry should enlist the cooperation of the Health Inspectors of the MOHQL to make
regular visits to all schools, as well as to suppliers premises to ensure compliance with
sanitary and hygienic norms.
Ministrys Reply
Funds to the tune of Rs 14 million have been provided in financial year 2015-16 and the
duration for construction of such infrastructure is approximately four months. Bids will
be invited for the appointment of caterers who should be HACCP certified so as to ensure
control of the food all along the chain including conditions at caterers premises,
transport, storage and service, among others.
Further cooperation with the MOHQL will be enlisted for regular visits both at school and
suppliers premises to ensure compliance with sanitary and hygienic norms.
A cost estimate of about Rs 1.4 billion for the annual procurement of meals for 278
schools had been worked out. The infrastructural works had been estimated to over
another Rs 1.4 billion.
The Ministry will set up a Technical Committee which will examine, plan and discuss on
the different implications of providing hot meal to all pupils of primary schools. In view
of the fact that the financial implications will be substantial, a policy decision regarding
the implementation of the project in all schools is required.
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11 - MINISTRY OF AGRO-INDUSTRY
AND FOOD SECURITY
11.1 Land Use Division
The Land Use Division (LUD) of the Ministry of Agro Industry and Food Security is
currently managing state agricultural land of a total extent of 9,129 arpents, including
298 arpents of land obtained under an agreement with the Mauritius Sugar Producers
Association (MSPA). It is responsible, amongst others, for the drafting of agricultural lease
agreements and collecting of rents accruing therefrom.
11.1.1 Allocation of Land
In order to adopt a holistic approach towards land utilisation, a Committee was set up at the
level of the Ministry to examine applications and to make recommendations for allocation of
land.
The following were observed:
Notes of meetings were neither signed nor approved at the next Committee meeting.
Applications for State Land and recommendations of the Committee could not always be
traced, as in the following cases:
Some 9.1 arpents of Pas Geometriques at Ile DAmbre were allocated to two
beneficiaries for crop production for a period of seven years starting 25 September
2014. Both plots of land fall under the purview of the LUD. However, the
recommendations of the Committee were not seen.
The recommendation for the allocation of 23.96 arpents of MSPA land at Bel Etang,
was not produced.
Recommendations
Notes/minutes of meetings should be duly signed and approved.
All applications for State Land, as well as recommendations/approval for ultimate
allocation, need to be properly filed and safeguarded.
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Ministrys Reply
Normally, the notes of meeting are never signed and the agenda is included in the convocation
letter. All notes of meeting will, henceforth, bear the signature of the Chairperson of the
Committee. For proper monitoring, the State Land Unit will have its own recording system. A
copy of the approval sheet will be recorded in each individual file.
11.1.2 MSPA Lands Scheme
An Agreement was signed, in April 2008, between Government and the MSPA whereby sugar
cane land of an extent of 2,000 arpents would be granted to Government by Corporate
Planters who are members of the MSPA. Land would be released as and when required during
the period of the lease, which is valid up to 31 December 2017.
Following Government decision in March 2013, the responsibility for the acquisition of
MSPA land was transferred to the Ministry. Of the 2,000 arpents of land, 1,214 arpents were
to be allocated for agricultural projects and the remaining extent of land was earmarked for
housing and other social infrastructural projects.
As of April 2015, out of the 1,214 arpents to be allocated for agricultural projects, only an
extent of 460 arpents had so far been acquired.
Acquisition procedures had started for another 657 arpents. Survey Reports regarding some
560 of the 657 arpents were still being awaited. Since 2013, the Ministry had already
addressed its requests, for consideration by the MSPA, in respect of the remaining 97 arpents.
As of 30 April 2015, some 32 months prior to the expiry of the Agreement, 62 per cent of the
extent of land to be allocated for agricultural projects had yet to be finalised.
The Ministry deplored that land already made available under the Agreement was marginal
one, which had required investment on its part to improve the physical soil characteristics.
Recommendation
The Ministry should ensure that the acquisition of land as agreed between Government and
the MSPA be finalised and completed by the due date of the Agreement. It should also liaise
with the MSPA to obtain land of improved quality.
Ministrys Reply
Procedures are well engaged for the acquisition of another lot of 657 arpents, out of which
deeds of sale for 473 arpents are being finalised at the level of Notary Public.
Criteria for Allocation of MSPA Land
The Committee, set up to consider applications for State Land, at its meeting of 14 June 2012,
finalised the evaluation criteria for the allocation of MSPA lands.
192
Prior to that date, an extent of some 188 arpents of land located at Rouge Terre, LEsperance,
St Hubert and Mare DAlbert had been allocated to some 40 beneficiaries, without clearly
defined/established evaluation criteria.
Ministrys Reply
Land at Rouge Terre, LEsperance, St Hubert and Mare DAlbert, covering a total extent of
188 arpents was acquired in 2010 and allocated to 40 Co-operative Societies/Agro-leased
companies on basis of the profile of project promoter/s, experience of members of
Co-operative Societies in proposed agricultural activity, feasibility of project proposals,
relevance of proposed activities of food security, distance of promoters/applicants place of
residence with respect to land being allocated and the financial/Investment capacity of
promoters.
11.1.3 Management of Agricultural State Land
As of January 2015, the status of the 9,129 arpents of agricultural State Land managed by the
LUD, was as shown in Table 11-1.
Table 11-1 Status of Agricultural State Land
Acreage (Arpents)
Not
Abandoned
Available
Status of Lease
Occupied
Valid
Expired & Not
Renewed
2,617.34
1,025.62
252.25
3,895.21
3,743.44
599.25
69.79
4,412.48
133.78
677.10
10.34
821.22
6,494.56
2,301.97
332.38
9,128.91
Not Signed
Total
Total
Of the 3,895.21 arpents of land, for which there were signed lease agreements, nearly
1,026 arpents were reported to be abandoned.
The lease agreements of some 3,743 arpents had already expired and were not yet renewed
though the plots of land were reported to be occupied.
Recommendation
The Ministry should ascertain that prompt action is taken to retrieve the land in respect of
beneficiaries not adhering to the condition of lease, such as abandoned land, and that there is a
duly signed lease agreement for all cases of occupied land.
193
Ministrys Reply
Many sugarcane planters have kept their land abandoned due to delay in the implementation
of the Field Operation Regrouping Irrigation Project (FORIP). In cases where the planters are
not concerned with the FORIP, the Ministry had already initiated actions to retrieve
600 arpents of land representing 284 lessees.
11.1.4 Non Compliance with State Lands Act
At paragraph 11.4.2 of the Audit Report for the year ended 31 December 2013, I reported that
contrary to the requirement of the State Lands and Cadastral Survey Acts, the majority of
lease files kept at the LUD did not have an individual descriptive survey plan, but there were,
instead, layout plans and site plans that dated back to 1980. Since October 2012, reference to
an individual descriptive survey and Parcel Identification Number (PIN) is mandatory for all
new lease agreements.
Between October 2012 and February 2015, a total of 794 lease agreements had been drawn
without an individual descriptive survey plan and a PIN, as required by law. Of these, 306
agreements had already been signed. However, as of 30 April 2015, beneficiaries had still not
been allocated their land for occupation, as the individual survey plan had not yet been
finalised.
In November 2012, it was proposed to enlist the service of Surveyors of the Ministry of
Housing and Lands (MOHL) to carry out an extensive survey of all land currently under the
purview of the Ministry. As of 30 April 2015,
Most of the lease agreements kept at the LUD still did not have an individual descriptive
survey plan and PIN. There were only 109 plots to which a PIN had been assigned and
individual survey plans were finalised for only 250 plots.
The Ministry was still in negotiation with the MOHL for the services of Land Surveyors.
Recommendation
The Ministry should abide by the above legal requirements. It should ascertain that an
individual survey plan is drawn and a PIN assigned at the earliest for all cases of lease
agreements.
Ministrys Reply
Consultations with the MOHL have reached an advanced stage. The Terms of Reference for
the survey works have already been agreed by both parties.
11.1.5 Illegal Construction on State Land Leased for Agricultural Purpose
At paragraph 11.4.4 of the Audit Report for the year ended 31 December 2013, I drew
attention that 12 lessees had illegally constructed concrete buildings between 90 m2 and
194
1,140 m2 on land leased to them at Petit Sable, Grand Sable, Pointe aux Feuilles, Elysee and
Terre Rouge. The LUD had ceased to renew their lease agreements since 2002, except for that
of Terre Rouge which will expire in 2029. The Ministry had sought the views of the MOHL
as to the course of action to follow. As of 30 April 2015, a reply from the MOHL was still
being awaited.
Ministrys Reply
A reply from MOHL is being awaited.
Terre Rouge Land Settlement
A lessee was granted, in August 2011, a second lease of 3.75 arpents (Lot B) adjacent to his
previously allocated land of 4.75 arpents (Lot A), although it was found during a site visit in
May 2011 that he had illegally constructed a building of approximately 600 m2 on lot A.
During a site visit carried out on 14 April 2014 by Officers of LUD at lot B, it was found that
a concrete building was under construction, and works for the casting of roof slab were in
progress.
On 2 March 2015, following another site visit by Officers of LUD, it was reported that they
did not have access to the leased lands, as both plots were fenced with rock wall and heavy
duty gates. The lessee was thereafter contacted on several occasions for a visit, but to no avail.
Recommendations
Cases of illegal construction need to be dealt with promptly. Penalty/corrective action should
be rigorously applied by the Ministry. I reiterate the need for frequent site visits for early
detection of any breach of terms and conditions of lease agreements.
Ministrys Reply
Henceforth, all cases of illegal construction will be dealt with promptly.
11.1.6 Illegal Occupation
At paragraph 11.4.3 of the Audit Report for the year ended 31 December 2013, I mentioned
that since March 2006, a Cooperative Society had stopped paying rent for an extent of
86 arpents at La Brasserie. The lease was for a period of 10 years starting March 1998, at an
annual rent of Rs 129,000.
Upon expiry of the lease agreement in March 2008, the lease had not been renewed though the
land was continuously being occupied. The extent was reduced from 86 arpents to
61.98 arpents as from July 2009. Amount owed for the period March 2006 until the expiry of
the lease agreement, that is, March 2008 was Rs 258,000. As of 30 April 2015, the arrears of
Rs 258,000 had not yet been settled and the new lease agreement was still not drawn.
The lessee was allowed to occupy nearly 62 arpents of agricultural state land for about seven
years without a duly signed lease agreement and payment of rent.
195
Had a lease agreement been drawn in March 2008, the amount collectible from the lessee
would have been some Rs 850,000 for the period March 2006 to December 2014. In the
absence of a signed agreement, the Ministry may not be able to claim the additional amount of
Rs 592,000.
Recommendation
Renewal of lease agreements and recovery of rental should be properly monitored.
Ministrys Reply
The lessee has accepted to settle the rent due from April 2009 to May 2015. The case is being
processed.
11.1.7 Revision of Annual Rental
Undue delay had been noted in revising the annual rental of the 33 beneficiaries of State Land
at Arsenal and Bois Marchand who were still paying an annual rental of Rs 120 instead of the
prescribed rate of Rs 1,500 for irrigation land and the nine beneficiaries who were leasing
some 4,700 m2 of concrete buildings within the 141 arpents of agricultural state land allocated
to them
Recommendation
The Ministry should not further delay revision of rental.
11.1.8 Arrears of Revenue - Rs 7,403,483
Arrears of revenue as of 31 December 2014 amounted to Rs 7,403,483. This represented a
decrease of some 20 per cent compared to 2013. According to the Return of Arrears submitted
to the Accountant Generals Department, total amount collected from July to December 2014
and total arrears as of 31 December 2014 were stated at Rs 4,555,838 and
Rs 7,403,483 instead of Rs 2,582,209 and Rs 6,137,069 respectively.
The Return also included an adjustment of Rs 2,326,242, for which no details were made
available.
Recommendation
The Ministry should exercise more control over computation of arrears and ascertain the
correctness of the figures for inclusion in Accountant Generals Report.
Ministrys Reply
Henceforth, more control over the computation of arrears will be effected.
196
197
198
Instructions should be given by the Ministry to ensure that Prescription Forms are used in
all cases to support issues of drugs/products and that they are properly filled in. The
Ministry could also consider introducing Prescription Forms which are pre-numbered.
To enhance control, the duties of Officers of the DVS Stores need to be segregated.
Ministrys Reply
Procedures for the proper issue of drugs have now been worked out.
Necessary measures are being taken for the appropriate storage of veterinary drugs.
Corrective measures will be taken as recommended in respect of Drug Books and Clinical
Sheets.
The proposal in respect of Prescription Forms will be considered.
The recommendation regarding the segregation of duties will be implemented.
11.2.2 Reproduction Unit
The main activities of the Reproduction Unit of the DVS are to provide Artificial
Insemination (AI) service and Pregnancy Diagnosis for cows, on application at the
Headquarters or at regional Sub-Offices. At the Reproduction Unit, semen from bulls are to be
collected, processed and conserved.
The following were noted:
The Reproduction Unit of the DVS has an Artificial Insemination Laboratory for the
production of semen. However, this Laboratory has not been in operation since several
years. Most of the laboratory equipment found therein was not being used. Maintenance
was also not being carried out thereon.
Given that semen are no longer produced by the AI Laboratory, same are being acquired
from both overseas and locally. For the past three years, the Ministry had disbursed a total
of some Rs 1 million for the purchase of frozen semen.
Records for the stock of semen were not properly kept. Except for the month of October
2014, the quantity of semen straws issued by the Reproduction Unit during 2014 was
greater than the number of AI performed. A reconciliation had not been carried out.
Seven bulls were kept for the production of semen. Of these, four bulls were sold/died.
The remaining three bulls had not produced semen for years. Rearing these bulls is costing
the Ministry some Rs 600,000 annually for the supply of animal feed, fresh fodder and
overtime of three Stockmen responsible for taking daily care of the bulls. The Ministry is,
therefore, spending money without deriving any benefit from keeping the bulls.
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Recommendations
The Ministry needs to come up with a decision as to whether or not to proceed with the
production of semen locally. Assets such as the AI laboratory and its equipment, if remaining
unutilised for long, may run the risk of deterioration.
A decision also needs to be taken regarding the three bulls.
Ministrys Reply
The Ministry will shortly take a decision regarding the production of semen.
The three bulls will be replaced by Creole Breed bulls for genetic conservation project
11.2.3 Control of Stray Animals Unit
A sterilization campaign was initiated in 2006 by the DVS with the objective to sterilize
dogs/cats at national level. In order to deliver the sterilization service, two caravans and two
double cabs were provided to the DVS.
The caravans are equipped with the necessary surgery equipment, consumables for surgery
and protective equipment. The first caravan and the double cab used to pull it were acquired in
2006. In 2013, a second equipped caravan was acquired for an amount of Rs 1,495,000.
Only the newly bought caravan is being used for the sterilization campaign. The first caravan,
though in good condition, had not been used since June 2014 and was left in the open yard of
the DVS, exposed to the inclemencies of weather.
As of April 2015, some 100 requests for dogs/cats sterilization had still not been attended to at
the Flacq Sub Office. Some of these requests dated as far back as February 2015.
Ministrys Reply
Both caravans will henceforth be used optimally.
Requests for sterilization by the public will be attended within reasonable delay.
11.3 Grant to Statutory Bodies
The Ministry has various Statutory Bodies under its aegis. Funds are provided by the Ministry
to these Statutory Bodies to meet their capital and recurrent expenditure.
Funds for a total amount of some Rs 290 million, disbursed by the Ministry to three Statutory
Bodies, had remained outside the framework of parliamentary accountability. As required by
Law, the Ministry was not in the presence of their Annual Reports and audited Financial
Statements, to be laid before the National Assembly.
200
201
statements for the year 2014 were submitted for audit, but MSAW was requested to submit a
new set of financial statements to comply with certain statutory requirements.
Rs 7 million were granted to the former MSPCA during the period 1 January 2012 to
29 October 2013. The Ministry was not in presence of the audited financial statements for that
period from the former MSPCA.
Funds of Rs 7 million released by the Ministry from 1 January 2012 to 29 October 2013 had,
thus, remained outside the framework of parliamentary accountability.
Ministrys Reply
Irrigation Authority. The audited financial statements for the year ended 31 December 2011
have been approved by the IA Board on 14 May 2015. The financial statements for the year
ended 31 December 2012 are presently being audited whilst those for the year ended
31 December 2013 have been prepared and will be audited once that of the year 2012 will be
approved by the IA Board. The next Annual Report of the IA will cover the period 2011 to
2013 and will include financial statements for the years 2011, 2012 and 2013.
Tea Board. The ex-Tea Board ceased to operate on 25 November 2013. All its assets and
liabilities have been vested in Government. As the NAPRO operates as a Regulatory Body, it
does not have the logistics to prepare financial statements. Necessary arrangements will
therefore be made to prepare the financial statements.
Former MSPCA/MSAW. The financial statements for the years 2012 and 2013 have been
prepared and arrangements have been made by the MSAW for a private audit firm to audit the
accounts. The financial statements for the year 2014 are being amended.
11.4 Mass Sterilisation Project for Dogs
Following a first island-wide survey on the number of street dogs present in the island in July
2013 and a second door to door survey in December 2013 to determine the number of owned
dogs, a mass sterilization programme was to be conducted by an international animal
protection organisation, in collaboration with the Ministry, through the Mauritius Society for
Animal Welfare (MSAW).
A two-phased approach was adopted to humanely manage the overpopulation of dogs. The
first phase of the project consisted in carrying out a pilot testing in the region of Grand
Bay/Mont Choisy for a period of three months. Based on the effectiveness and efficiency of
the pilot testing, the mass sterilization would be extended to the whole island as the second
phase.
The pilot project, with an initial estimated cost of some Rs 4 million, would be financed by
the Ministry. The project started in mid-October 2014.
Up to December 2014, Rs 2,257,670 were disbursed by the Ministry, in respect of
accommodation, salaries of staff of the international organisation, air tickets, veterinary
supplies and others, for the implementation of the pilot project. Included in the above sum,
were Rs 1 million which had been transferred to MSAW to meet expenses in relation to the
project.
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In addition to the above costs, vehicles, namely a caravan and a double cab of the Ministry
were attached to the Sterilization Team.
In March 2015, the Ministry decided not to go ahead with the project as no consensus had
been reached between the Ministry and the international organisation regarding the
Memorandum of Understanding.
The Ministry had disbursed a sum of about Rs 2.2 million without a modus operandi for the
implementation of the pilot project.
About 56 per cent of the total cost for the pilot project had been spent, yet no substantial
benefit had been derived.
Before disbursement of fund for any project, the Ministry needs to ensure that the terms and
conditions of funding or assistance had been formally set and agreed.
Ministrys Reply
The project was undertaken on a pilot basis in collaboration with the international
organization. However, the collaboration is being reviewed and the Ministry is considering to
undertake the programme with local Veterinary Officers and the MSAW. A final decision
will be taken shortly.
11.5 Salle de Decoupe
In order to respond to the request of pig breeders, the Ministry intended to set up a modern
Salle de Decoupe in an existing building situated in the compound of the Mauritius Meat
Authority (MMA) located at Roche Bois.
In 2013, the Ministry disbursed Rs 1,015,075 for the renovation and extension of the existing
building, to be converted into a Salle de Decoupe. The works were carried out both during and
after normal working hours. Overtime totalling Rs 417,927 had been paid for the period
September to November 2013. In 2014, additional expenses relating to the renovation and
extension works amounted to Rs 156,513. Resurfacing of existing parking area at MMA,
Roche Bois for the Salle de Decoupe was also undertaken at a cost of Rs 256,500 in July
2014.
For the Salle de Decoupe to be operational, the Ministry had to acquire new refrigeration
equipment. On 11 December 2013, bid for the supply, installation, testing and commissioning
of new refrigeration equipment had to be cancelled due to a major change in specifications.
Specifications were reviewed and fresh bid was launched on 23 January 2014. The two bids
received were found to be non-responsive by the Bid Evaluation Committee in June 2014.
A year had already lapsed, yet the new refrigeration equipment had not been acquired, and
new bid exercise had not been conducted.
Although a total amount of Rs 1,846,015 had been disbursed by the Ministry, the Salle de
Decoupe could not be operational due to the delay in acquiring refrigeration equipment.
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The Ministry needs to take the necessary steps in order not to further delay the acquisition of
the new refrigeration equipment for the operation of the modern Salle de Decoupe.
Ministrys Reply
It has been decided that the MMA will take over the Salle de Decoupe. However,
confirmation from MMA is still being awaited. Once the new management of MMA confirms
its agreement to take over the Salle de Decoupe, tenders for the acquisition of the refrigeration
equipment will be launched.
11.6 Food Technology Laboratory- Genetically Modified Organism (GMO) Unit
At paragraph 11.1 of my Audit Report for the year ending 31 December 2013, I reported that
the GMO Unit of the Ministry was still not fully operational. A proper Legal Framework was
to be put in place to enable the GMO Unit to carry out fully its activities. The Ministry had,
so far, disbursed Rs 5.6 million on equipment specifically purchased for the GMO Unit.
As of 31 May 2015, the required legislation had yet to be finalised. Most of the equipment
acquired had not been optimally put to use.
The National Biosafety Committee (NBC), which was mandated to look into the regulations
pertaining to the GMO Act, was reconstituted in May 2014. The main task of the NBC was,
in the first instance, to review and to fine-tune regulations and guidelines to support the GMO
Act. In March 2015, the NBC proposed various recommendations for amendments to
legislations, regulations and guidelines. Meetings of the NBC are ongoing before proceeding
with the regulations and amendments to the Act.
Further delay, in the finalization of the GMO Act 2004, would hinder the smooth functioning
of the GMO Unit.
Ministrys Reply
Three Regulations, namely the Genetically Modified Organism (Labelling and Identification
of the Genetically Modified Organisms) Regulations 2015, the Genetically Modified
Organisms (Consignment in Transit) Regulations 2015 and the Genetically Modified
Organisms (Fees) Regulations 2015 have been finalized by the NBC. These Regulations will
be submitted shortly to the Attorney Generals Office for vetting, after which the relevant
Sections of the GMO Act 2004 will be proclaimed.
Pending the proclamation of the GMO Act 2004, decision has been taken by the Ministry for
the staff of the GMO Unit to carry out tests on a pilot basis on a number of products to
determine whether those products are GMOs. Hence, the equipment will now be fully
utilized.
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12 - MINISTRY OF ENVIRONMENT
AND SUSTAINABLE DEVELOPMENT
12.1
Background
The major policy instruments/tools used to ensure the sustainability in environment
management included tools such as Environmental Legislation, Standards, Environment
audits and Impact Assessment and Economic Instruments (EIs). Governments worldwide,
including Mauritius, make use of EIs to influence good behaviour towards the environment
by discouraging undesirable practices or by encouraging the good ones through instruments,
such as taxes, duties, levies, environment protection fees, user charges as well as incentives in
the form of subsidies and rebates. EIs are not substitutes for other policy tools; rather they
complement them.
Over the years, many EIs were introduced by Government in various sectors: energy,
transport, water and sanitation to address environmental hazards such as emission of
greenhouse gases, poor air quality, urban road congestion and improper waste disposal. EIs
developed included environment protection fees, MID Levy on petroleum and coal, excise
taxes on petroleum and plastic products and other vehicle emission and ownership charges, as
well as waste water user charges. Yearly, Government revenue associated to environmental
protection taxes, levies, charges, fees, subsidies and rebates were roughly estimated at some
Rs 8 billion met by entities generating the pollution and the general public.
Purpose of the Review
This review was not aimed at a performance appraisal of the effectiveness of EI but rather
aimed at raising concerns for an integrated use of EI as a tool for national development
planning process including environmental strategies as well as future budget processes. EIs
have been applied in many sectors at different points in time but it is the institutionalised
systematic approach to their introduction, implementation, monitoring and evaluation that
needs to be improved. The major problems identified are listed below.
Major Problems Identified
12.1.1 Regulatory Framework for EIs
EIs were formulated in a staggered and fragmented manner at different points in time with
economic instruments split among different stakeholders (Ministry of Finance, Environment,
Registrar General, Wastewater Management Authority, etc.) and under various policy
decisions embodied in different legislations, such as the Finance Act, Mauritius Revenue
Authority (MRA) Act, Excise Act, Environment Protection Act, Registration Duty Act, and
Wastewater Management Authority Act.
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and organised environment data into time series to document changing conditions of the
environmental parameters under their respective purview.
Compendium of all EIs
A compendium of all operational EIs was not available at the Ministry in order to have a
snapshot of all EIs so as to oversee their implementation and assess their effectiveness in
curbing environmental degradation. My Office had compiled a non-exhaustive compendium
with available information and had worked out the yearly financial envelope relating to
revenue collected on environment taxes, levies, charges, as well as Government revenue
foregone in terms of subsidies and rebates. The estimated figure was some
Rs 8 billion as per Table 12-1.
Table 12-1 Revenue Collection
Amount
(Rs million )
2,403
3,219
(MID levy- 320)
169
109 (taxes)
300 (rebates)
242
389
1,266
Total
8,097
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evaluation of the EI was seen. Also, there was no public reporting of the monitoring process
outcome to change mind-sets towards environment protection.
In the absence of serious, regular and scientific monitoring as well as rigorous evaluation of
programs, policy makers were deprived of vital information needed to continuously improve
environmental management. Some EIs needed more support while others may need to be
terminated as they no more serve their purposes. It was difficult to ascertain whether policy
modifications to the EI were always being carried in a structured manner.
12.1.6 Environment Protection Fee
In 1999, the Environment Protection Act (EPA) was amended to cater for an Environment
Protection Fee (EPF) which was set up to provide for the imposition of an environment
protection fee in order to raise funds for the promotion of local environment initiative aimed
at preventing and reducing pollution.
Initially hotels/ boarding-houses were targeted for the levy of the fees. Amendments were
later made to add stone crushing plants and polluting products such as tyres, batteries and
mobiles. EPF collected in 2014 amounted to Rs 169 million. Since its inception in 2000, the
collection and management of the EPF was assumed by the Ministry until 2007 when the
MRA took over the EPF in terms of the collection and revenue management. However, the
Ministry did not ensure that the EPF was effective in meeting environmental objectives. The
following issues were noted:
EPF Management Set-up
No protocol/coordination mechanism was set up by the Ministry for the management of the
EPF in a holistic manner despite being an environmental management tool under its purview.
No EPF information/data were available at the Ministry for the details of EPF collected under
the EPA for 2014. In fact, no Memorandum of Understanding existed between the MRA and
the Ministry to allow for the exchange of information for environmental policy monitoring
evaluation and review.
Review and Modifying the Portfolio of EPF Polluting Activities and Basket of Polluting
Products
The two designated polluting activities, hotels and stone crushing plants, remained the same
since their introduction more than 10 years ago, without any fundamental change/broadening
of the spectrum of the polluting activities. EI rates were not indexed on periodic inflation
rates to cater for erosion of taxes over time. The list of unsustainable products was also
worked out in an ad-hoc manner to adapt to new circumstances involving the market forces,
new technology and market dynamism. In November 2010, the Ministry recommended to the
MOFED a list of new items (computers, refrigerators, air conditioners and washing
machines) for inclusion in the EPF scheduled list, but were not supported by information,
such as their pollution load and import trends. None of the proposed products were retained
by the policy makers till to date.
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13 - MINISTRY OF INFORMATION
AND COMMUNICATION TECHNOLOGY
13.1 Government Email Services
13.1.1 Background
The first Government Email Services which were set up in 2003 for the provision of email
services to initially some 400 Government employees was thereafter increased to some
7,000 users in 2008. In the same year, Government signed the Microsoft Enterprise
Agreement (MEA) for a contract value of Rs 223 million (inclusive of the supply of four
Exchange Server Licences for Rs 725,000). Two licences have been allocated to two
Government Bodies and the two others to the Government Online Centre (GOC), of which
one is not in use.
In 2009, as the Ministry was already in possession of the email licence which could cater for
some 8,000 to 10,000 users, it decided to replace its original email platform to take
advantage of the five-year MEA (2008-2013) under which free updates and other services
were to be available for the software. However, the software could not be installed in the
existing platform, whereby a decision was ultimately taken to acquire new Exchange Server
Infrastructure. The deployment of the software licence was to be free of charge by Supplier A
under the Microsoft Premier Support Agreement (2008-2011) which formed part of the
MEA.
A first tender was launched for the Exchange Server Infrastructure in May 2011, but as no
bid was found technically responsive, a new one was floated in October 2011. Meanwhile in
January 2012, that is before this award, Supplier A informed that the software deployment
exercise would no longer be free of charge as the Microsoft Premier Support Agreement had
already expired by that time. In June 2012, that is eight months after floating of tender,
Supplier B was awarded the tender for the Exchange Server at a cost of Rs19 million (VAT
inclusive) together with maintenance costs of Rs 8 million (VAT inclusive) over a period of
five years. The server was commissioned in September 2012.
Thereafter, Supplier C was approached by the Ministry for the deployment of software and
associated support services, following which a three- year agreement (June 2013-June 2016)
was signed for the sum of Rs 7 million (VAT inclusive). The licence software was finally
deployed in January 2014, 16 months after the commissioning of the server and it was
operational as from July 2014.
Observations
(a) The email software licence worth Rs 181,250 had eventually necessitated additional costs
of Rs 27 million for the exchange server and Rs 7 million for its support services.
(b) For a total disbursement of some Rs 34 million, the justification for acquisition of the new
platform did not appear to be reasonable as it would cater for a maximum of 10,000 users
while the old one was already catering for 8,000 users and could have been increased for
additional 2,000 new users. The new platform acquired was nearing its maximum
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capacity of 10,000 users and further expenditure would be required to increase its
capacity for additional users.
(c) According to available records at the Ministry, there were certain features which could
not be migrated to the new platform and there were even reported unauthorized access by
external users.
(d) There was inadequate planning at the level of the Ministry in that the exchange server
was acquired at a time when the 3 years Microsoft Premier Support Agreement
(2008-2011) had already lapsed. No benefit has therefore been derived from this
agreement which would have entailed free support services to Government for the
deployment of the exchange licence.
(e) Although the provision of mail services is a project which is not of a short time frame,
the Microsoft Mail Exchange was operational after a time lag of six years from
acquisition of licence in 2008. It was not until July 2014 that the Microsoft Exchange
Server was operational, some two years after its acquisition.
(f) Due to the late deployment of the software licence, the benefits of the warranty period
from Supplier B on the hardware had been reduced while the first year support services
had already expired. Further, Government has also not benefited from one year service
out of the new Microsoft Premier Support Agreement as the mail server was operational
only in July 2014.
(g) According to Addendum of Tender for Exchange Server in November 2011, the supplier
was to assist the software licence provider in the whole implementation process.
However, at that time, the software provider was not yet known.
(h) It was reported that the Exchange Server was configured in September 2012. This implied
that the Server Operating System had been installed for which no documentary evidence
was produced.
(i) There was no evidence that the Supplier B collaborated with Supplier C and provided
three months support on system software as per its contract.
(j) In 2013, additional expenditure of some Rs 856,000 was incurred for 1,000 additional
users licences and one year renewal of 8,000 licences for the old mail platform, when the
new Exchange Server had already been configured in September 2012.
(k) No report was available at the Ministry on the successful implementation of the new
email platform, despite several problems were encountered during this exercise.
Conclusion
Value for money has not been derived for the new email platform worth some Rs 34 million
for 2,000 additional/maximum users, while the old platform could have been upgraded to
cater for the same service.
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Ministrys Reply
(a) The old email platform was limited and was no longer supported. There were no servers
available at that time which would cater for 8,000-10,000 users.
(b) As part of the project implementation, several issues delayed the project, such as lack of
expert knowledge on Exchange, hardware acquisition, migration of existing email
accounts and training.
(c) The new agreement with Microsoft included implementation, consultancy services
together with other benefits, such as training of administrators and deployment of
Engineers as support services.
(d) All IT systems and infrastructure require enhancement and upgrade when the
requirements increase.
(e) The migration exercise to the new email platform was done in stages and there were no
incident reports.
(f) Projects with high impacts always undergo adjustments in planning. This project included
several planning stages, namely technical, administrative and deployment planning.
(g) The new email platform was live in July 2014, and as such 1,000 additional licences had
to be procured for the old one and 8,000 licences renewed.
13.2 Government Portal: E-Services/E-Payment
Background
The first Government Portal was revamped in February 2013 at a cost of Rs 60 million
(inclusive of VAT). This cost excluded maintenance charges and licences totalling
Rs 30 million. The main objective of this project was to achieve the E-Government vision to
enable citizens and business to interact with Government electronically through the provision
of E-Facilities (E-Services and E Payment). Included in the figure of Rs 60 million was an
amount of Rs 6 million for the E-Payment option while the cost for the E-Services was not
available.
13.2.1 Statistics on Usage of E-Facilities
According to the Government on line Centre (GOC) statistics, the usage of e-services/epayment facilities over 16 months up to April 2015 was as in Table13-1
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Table 13-1 Usage of E-services/E- payment Facilities 1 January 2014 to 30 April 2015
No of Hits
No of E-services
No of E-payment
1
28
16
9
3
7
64
3
5
2
10
De-activated
0
1-10
11-50
51-100
Above 100 : See note below
Total
Note: There were three e-services where the number of hits ranged from 6,000 to 15,000 while it was more than
40,000 in respect of the e-service for Driving Learners Licence.
Observations
The usage of most of the 74 e-facilities has remained quite low, two years after the setting
up of the new portal, while 31 of them (42 per cent) have not been used at all. Further,
except for four e-facilities, the remaining facilities were minimally used and therefore, the
public was still making applications/payments manually.
The above statistics were not channelled to the Ministry for any appropriate action.
The none or low usage of the e-facilities was attributed mainly to the fact that citizens and
businesses were not aware of the e-services and e-payment.
My Office further inquired at some Ministries/Departments on the reasons for which
these facilities were not being optimally used. I was informed that registration for new
users could not be activated, attachments could not be uploaded due to limited capacity
and e-payment option was not available for some e-services. Further, user name/password
was not sent to Data Administrators and there was not even internet connection in some
offices.
Hence, the objectives of providing citizens and businesses to interact with Government do not
appear to have been met so far.
Recommendations
The Ministry must use the statistics from GOC as management information and seek
other relevant information from user Ministries/Departments in order to analyse the
reasons for which the e-facilities were being underutilized.
The Ministry should remedy the problems identified and thereafter launch a
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Ministrys Reply
Low usage of e-facilities is attributed to non awareness of services by citizens and
businesses. A marketing campaign will be undertaken in this respect. In addition, some
services have to be mandatory via the e-services channel. The Help Desk of the GOC will
be enhanced to cater for technical issues. New e-services such as e-work permit and
e-registry will also be operational in 2015. The Treasury Department is collaborating with
Orange Money to launch Mobile Payment Services.
Management did not agree with the reasons advanced by data administrators for the
non/low usage of e-facilities.
Statistics from the Government On line Centre will be used to analyse reasons for the
low-utilistation or under-utilisation of e-services, and corrective actions will be taken
accordingly.
13.3 Projects
13.3.1 General
In line with Government vision to modernize the public sector and enhance IT technology,
the Ministry of Technology, Communication and Innovation (MTCI) has embarked on
several IT projects under Programmes 661 - Policy and Strategy for ICT and 662 - Provision
of Citizen-Centric Services through ICT. These projects included consultancy services,
acquisition of IT equipment/software, network infrastructure and rental of lines.
Budgeted provisions for 2014 totalled Rs 254.1 million for nine expenditure items of the two
above mentioned Programmes, whilst actual expenditure was only Rs 11.5 million, that is
4.5 per cent of allocated funds. Hence, 95.5 per cent of estimated amounts have remained
unutilized at year end. Further, no funds were disbursed at all in respect of six out of the nine
expenditure items.
This was attributed mainly to the fact that, in general, project implementation was
considerably delayed. In one case, the project was temporarily shelved pending a policy
decision to proceed with its implementation. In another case, further delay was being
encountered due to a challenge lodged by an aggrieved bidder which has not yet been
finalised at the Independent Review Panel (IRP) level.
As IT technology evolves rapidly, the timely implementation of IT projects is crucial,
otherwise intended benefits may not be reaped due to technological swift. The delay in
executing the projects might not only result in specifications being obsolete or ineffective, but
also increase in project cost.
Ministrys Reply
Projects have been turned down/shelved and delayed due to change in policy decisions of line
Ministries, variation of user requirements and consultations with stakeholders. The lengthy
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Ministrys Reply
The first batch of tablet computers was pre-installed with pedagogical content which
could be accessed in off-line mode (without connectivity).
The MOEHR is coming up with training programmes to ensure that Educators use the
tablet in an off-line mode.
Project was delayed due to variations of user requirements and lengthy procurement
process.
13.3.3 Document Management System (DMS) Project of Rs 10,980,791 and Maintenance
costs of Rs 6,910,000
Project Background
The DMS project was to be implemented on a pilot basis at the MTCI and Ministry of
Finance and Economic Development (MOFED). Thereafter, it would be replicated in other
Government bodies after its successful implementation. The DMS would enable the
Ministries/Departments to electronically store and retrieve files, aiming eventually at a
paperless office.
The procurement exercise for the DMS was carried out only for the two pilot Ministries as its
roll out in the Civil Service might span over several years and its contract value could not be
determined at that point in time.
Procurement exercise
The tender for the DMS Project was launched on 29 January 2014 and was awarded by the
Ministry on 15 July 2014 to the substantially lowest responsive bidder for the sum of
Rs 10, 980,791 (VAT inclusive). The contract was signed on 7 August 2014.
Delivery Schedule
A Draft Process Manual was to be submitted and presented within six weeks from date of
signature of contract and the Final Process Manual within two weeks from receipt of
comments from Ministry. After approval of the Manual, the supplier must, within a period of
10 weeks, deliver, install and commission the hardware and software and implement their
technical solution.
Observations
(a) One rejected bid, being ranked second in the evaluation report of the Ministry, was not
made available.
(b) The award of the contract did not include the maintenance costs of Rs 6.9 million
although the evaluation and ranking of bids were based on the total contract amount,
inclusive of maintenance charges.
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(c) No working was made available for the application of the margin of preference used in
the evaluation process.
(d) The DMS project was to be completed by mid-December 2014. However, the lengthy
delay of some seven months in the finalization of the manual has adversely affected the
whole project.
(e) The rationale for implementing the e-DMS was to ensure the optimum use of Digital
Signature Certificates (DSCs) amongst others. It was however reported that the DSCs was
not working properly and that the benefits of the project could be reaped only if the DSCs
were effectively used.
(f) There was no proper planning for the hosting of servers as these were already supplied
since November 2014 but could not be installed at the GOC due to extension works. The
Ministry was actually contemplating to install them temporarily in the MCSAR Server
Room.
(g) Due to the delay in project execution, no fund was disbursed in 2014 out of the budgeted
amount of Rs 12 million.
Ministrys Reply
Regarding the exclusion of the maintenance cost in the contract agreement, the Ministry
was of the view that it was used as a safeguard to exit from the maintenance contract in
case of necessity.
The approval of the Process Manual was delayed at the level of the user Ministries.
The use of DSCs was compromised due to policy decision of the change in the domain
name from gov.mu to govmu.org.
13.3.4 Acquisition of IT Equipment- Other Servers and IT Equipment for Upgrading of
Government Online Centre - Rs 8.4 million
In Estimates 2014, funds totaling Rs 48 million were provided for three GOC projects,
namely the Secured g-Cloud access, Consolidate Data Centre (CDC) and the Security Audit
of GOC.
Observations
Out of the provisions of Rs 48 million, only Rs 8.4 million have been spent. Further, the
figure of Rs 8.4 million comprised an amount of Rs 4.3 million which did not relate to the
three above mentioned projects.
Funds were also provided in the 2012 (Rs 21.5 million) and 2013 (Rs 39 million) budgets
for these three projects but only Rs 3.5 million were spent in 2013 for the Secured
g-Cloud Access Project.
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Expenditure incurred for these projects over the past three years was quite low due mostly
to the lengthy delay in awarding the various tenders.
Ministrys Reply
The g-Cloud Project was partly implemented due to unavailability of physical space at
GOC.
A feasibility study was required upon submission of the CDC Project to the Project Plan
Committee. This study has been completed and tender for the project will be floated
shortly.
The procurement exercise for the Security Audit of the GOC was cancelled due to nonresponsive bids and a new one has been undertaken.
13.3.5 Implementation of Wide Area Network (Sky GovNet Project)
The setting up of a wide area network under Sky Gov Net Project was vital for increasing the
existing interconnectivity between several Ministries/Departments. However, no major
development was noted to date, that is after some 19 months, despite the submission of the
Consultancy Report (October 2013) on the various options to implement this project.
Ministrys Reply
This project has three main components, namely infrastructure, provision of higher
bandwidth and telecommunication services. One phase of the infrastructure component is
nearing completion.
Recommendations on IT Projects
The MTCI should coordinate effectively projects which are interrelated with other Ministries
so as to derive optimum use of resources. A Committee must be established at the level of the
Ministry to oversee and monitor the progress of all IT Projects under its purview so that they
are implemented within reasonable time. Timely decisions must be taken in order not to
hamper the progress of projects, otherwise it might be difficult to obtain intended benefits.
Ministrys Reply
The Ministry is organizing monthly meetings to monitor progress of the project
implementation. It is also holding meetings with line Ministries to assist them in prioritizing
projects and build up top management commitment.
13.4 Rental of Telecommunication Lines - Rs 74,056,507
Rental of telecommunication lines comprised four components linking all Ministries and
Government Departments. Provisions of Rs 97 million were made for rental of all these lines
in the Ministrys budget 2014, out of which a sum of Rs 74 million was disbursed during the
year. Included in the figure of Rs 74 million was an amount of Rs 44.5 million relating to the
Government Online Centre (GOC) for which payments were refunded by the Ministry to the
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National Computer Board (NCB). The remaining payments of some Rs 29.5 million were
borne directly by the Ministry.
Rental of lines for the four components were in three cases based on agreements which had
already expired while there was no contract in one case.
13.4.1 Payments for GINS and GFN: Rs 29.5 million
The payments comprised Rs 18.8 million for one component (Government Intranet System
(GINS) for the Ministry) and Rs 10.7 million for two others (Government Fibre
Network(GFN) - GPON I and II)
Observations
Invoices relating to payments of Rs 29.5 million were not certified correct by the
Technical Division of the Ministry and were limited to arithmetical check by the Finance
Section. In the absence of such certification, the completeness and accuracy of these
payments could not be ascertained. It was only as from May 2015 that the Central
Information Systems Division (CISD) has been certifying these invoices whereby it
reported that an amount of Rs 127,137 representing more than 11 per cent of the invoice
amount of Rs 1,115,923 was erroneous and should be deducted before payment. It also
advised that payment for ISDN backup lines totaling Rs 10,925 monthly should not be
effected. As invoices prior to May 2015 were not certified, the risk of overpayments
could not be ignored.
The following shortcomings have been noted in respect of the payments of
Rs 18.8 million:
The Ministry had to pay yearly charges of Rs 5,134,704 (VAT inclusive) as per
agreement based on proposal for period July 2013 to June 2015 from the service
provider. However, a scrutiny of payments for 2014 revealed that actual
disbursements totalled Rs 12,917,116, resulting in a difference of Rs 7,782,412. The
difference represented additional services such as Ethernet link, Frame Relay
Port/SS 1 for GOC and ISDN line charges totalling some Rs 6 million as per invoices
but these did not form part of the proposal. No correspondence was available between
the Ministry and the service provider regarding these additional services, and invoices
were not certified by the Technical staff up to April 2015. Hence, some Rs 14 million
disbursed for period July 2013 to April 2015, over and above the proposal, could not
be ascertained.
The number of lines was not specified in the proposal/agreement. Hence, it could not
be ascertained how the contractual sum of Rs 5,134,704 was arrived at and
subsequently agreed by the Ministry. In addition, the agreement provided for the
upgrading of various lines for which no confirmation was obtained.
With the upgrading of lines to fibre optics in 11 main Government buildings under
GPON I and II in 2010 and 2012 respectively and for which separate payments were
made, the GINS rentals should have normally been decreased. However, rental
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charges have remained at an average monthly cost of Rs 1.1 million for period 2010
to date.
As for payments of Rs 10.6 million for GFN relating to GPON II, the Ministry had paid
arrears of rental charges of Rs 3,099,250 in June 2014 for seven sites in respect of period
September 2013 to March 2014, while the commissioning of these lines actually took
place in February/March 2014. No explanation was obtained as to why those payments
were effected before commissioning.
Recommendations
Following award of tenders for the rental of telecommunication lines and ancillary
services for the Government Intranet System, the Ministry must draw formal contract
agreements with the service providers.
The GINS comprises mainly:
The rental charges for the telecommunications lines for the Ministries/Departments were
being borne by the Ministry while those of the GOC were being paid by the NCB. I am of
the opinion that these two items formed the main components of the intranet
system/infrastructure and that both were complementing and supporting each other, and
hence these should be treated as a single overall contract. This would also be in line with
the Public Procurement (Framework Agreement) Regulations 2013 which became
effective as from July 2013.
The Ministry should come up with a comprehensive Service Level Agreement (SLA) to
attend to issues related to, amongst others, required quality and level of service, expected
security requirement and confidentiality parameters. The SLA may also form part of the
bidding document so that the risk of disruption of service would be mitigated to an
accepted level in the event that another service provider was selected in a new tendering
procedure.
Ministrys Reply
The Ministry has increased control over monthly payments.
There was a lack of visibility on the number of lines to be upgraded at time of proposal.
As for additional services not included in proposal, the bandwidth of Ethernet links at
GOC level was dependent on the number of links and bandwidth utilization at each
remote GINS site, hence requiring upgrades on an ad-hoc basis.
Regarding commissioning, corrective measures have been taken by the setting up of a
more elaborated process to ease communication between different stakeholders, better
monitoring of works and increased control over monthly payments.
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14 - MINISTRY OF FISHERIES
14.1 Development of Aquaculture
14.1.1 Supply, Mounting and Floating of Cage Structures
In its endeavour to promote the development of aquaculture, the Ministry decided to acquire
10 circular floating cages of diameter 12 metres to distribute to Fishermen Cooperatives and
Associations.
Invitation to bid for the Supply, Mounting and Floating of Cage Structures was launched on
20 December 2013 through Open Advertised Bidding. On 23 April 2014, the contract was
awarded to the successful bidder for a fixed sum of Rs 8,803,900 and the floating cages to be
delivered within 120 days, on 20 August 2014 at the Albion Fisheries Research Centre
(AFRC). The contract was signed on 20 May 2014.
On 23 May 2014, the Contractor submitted an Advance Payment Guarantee in the sum of
Rs 2,640,000, representing some 30 per cent of the contract amount valid until 31 October
2014. This guarantee was extended to 17 December 2014 due to delay in delivery. The
Performance Security in the sum of Rs 880,390 was also extended to 17 December 2014.
14.1.2 Project Site Final Destination
On 25 June 2014, the Contractor sought clarifications on the exact sites and location for the
mounting and setting up of the floating net cages as this was crucial to the contract. The
Ministry informed the Contractor that the sites would be communicated in due course,
following the award/allocation of cages to Fishermen Cooperatives by the Ministry of
Business and Cooperatives.
14.1.3 Delivery of Floating Net Cages
The Contractor failed to deliver the floating net cages on the due date of 20 August 2014. An
extension for delivery up to 30 November 2014 was granted to the Contractor as he had
extended its Performance Security up to 17 December 2014. However, as at that date, the
floating cages were not delivered and the Ministry forfeited both the Performance Security
and the Advance Payment Guarantee which amounted to Rs 3,520,000 on 5 January 2015, as
recommended by the Departmental Bid Committee on 17 December 2014.
On 3 December 2014, the Ministry requested the Contractor to delay the mounting of the
cages until February/March 2015. However, the Contractor insisted for the Ministry to take
delivery of the floating cages as the Engineer from the overseas supplier was already present
in Mauritius to complete the mounting of the cages since 22 November 2014.
Subsequently, on 31 December 2014, the Ministry informed the Contractor that it was
prepared to accept delivery in an un-mounted state at the AFRC. As of 4 March 2015, the
Ministry had not taken delivery of the floating cage structures, as no storage facilities were
identified.
223
Observations
Due to inadequate planning, the Ministry was not able to take delivery of the net cages at the
revised expected delivery date of 30 November 2014.
The Ministry was aware that it would not be able to set and mount the floating cages, at time
of delivery. On 3 December 2014, it therefore requested for the postponement of the date of
delivery to March 2015. However, action was taken against the Contractor, and both the
Advance Payment Guarantee and the Performance Security for delays were forfeited,
contrary to the requirements of the Public Procurement Act (PPA).
The setting up and mounting of the net cages required the expertise of an Engineer. However,
on 31 December 2014, the Ministry decided to take delivery in an un-mounted state of the
floating cage structures at its own risks, contrary to the scope of the bid, which consisted of
the Supply, Mounting and Setting of floating cage structures.
As of 20 March 2015, nearly a year after the award of the contract, procedures for the
proclamation of the sites for the setting up of the cages had not yet started and the allocation
of the cages to the Fishermen's Cooperatives/Associations had not yet been finalised.
Before finalising the procurement exercise, the Ministry should have consulted all the
stakeholders concerned with the aim of obtaining value for money. It is also essential that the
requirements of the PPA be strictly followed.
Ministrys Reply
After award of the contract, the difficulties associated with the setting up of the floating cages
at the AFRC and the subsequent transfer to the final fish farming sites were raised.
The fish farming sites have been proclaimed on 4 May 2015, and details of the 10 sites,
together with their GPS have been communicated to the Contractor for the setting up of the
Net Cage Structures on site. A meeting was held with the Contractor in May 2015, where
consensus was reached that the Contractor would set up the floating cages at the sites that
have been identified.
A Committee has been set up and is evaluating applications to make recommendations for the
allocation of the cages to Fishermens Cooperatives/Associations. Necessary measures have
been taken to ensure that the project is implemented so that the beneficiary
fishermen/associations can start the pilot fish farm project.
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MINISTRY OF FISHERIES
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MINISTRY OF FISHERIES
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MINISTRY OF FISHERIES
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227
project will be considered as completed, and any shortcomings on behalf of the Contractor
will be adjusted by the Project Coordinators upon receipt of the final claim
After numerous requests, the Consultant has finally submitted the Final Accounts on 19 June
2015, which are presently being scrutinised by the Infrastructure Unit with a view to ensuring
that there has been no overpayment, in particular regarding the discrepancies amounting to
some Rs 1.4 million.
15.1.1 Consultancy Services
In the Audit Report for the year ended 31 December 2013, I mentioned that in December
2012, the Consultant appointed for the project submitted another claim of Rs 803,157 for
additional services provided due to late instructions given by the Ministry during an extended
period of 13 months in respect of additional works not stated in the original Scope of Works.
The advice of the MPI was sought on the claim. The latter informed the Ministry that
according to the conditions of appointment any delay in receiving instructions will be
additionally charged on a time basis.
As of mid April 2015, more than two years later, the matter was still pending. No payment
was effected to the Consultant during 2014.
Ministrys Reply
Claim for the additional fee will be referred to the Attorney Generals Office for advice in
view of the fact that the contract was for a lump sum one, and as such, no additional payment
is effected unless there are additional works duly approved by the client. As for any
additional works which might have been done, the Attorney Generals Office will have to be
consulted regarding any further payment to the Consultant as no prior approval of the
Ministry was sought for these works.
15.2 Bulldozing Works at Camp Levieux
At paragraph 15.3 of the Audit Report for the year ended 31 December 2013, mention was
made that in October 2010, a plot of land of an extent of 10A 00P, situated at Camp Levieux,
was vested in the Ministry for the construction of a Recreation Complex/ Velodrome. In June
2012, the Cycling Federation submitted the preliminary drawings for the Velodrome and
informed the Ministry that financial assistance would be obtained from an International
Organisation for the project. Hence, in November 2012, a contract for bulldozing and
clearing works was awarded for the sum of Rs 1,050,000 (inclusive of VAT). The works
were completed in December 2012. A site visit was effected by my Officers in May 2014.
The plot of land was found to be in an abandoned state, covered with bushes, shrubs and
vegetations.
In its reply to my previous Report, the Ministry stated that the land had to be cleared as the
Ministry of Housing and Lands, which was approached for the pegging exercise, informed
that the exercise could not be undertaken as the land was covered with shrubs and trees. The
project has been kept in abeyance as sponsors were not responding favourably.
228
Subsequently, in March 2015, the Infrastructure Unit of the Ministry submitted the scope of
works and revised preliminary drawings for the construction of an open-air Velodrome,
Boulodrome, toilet blocks and appropriate lighting facilities at Camp Levieux. The cost of
works was estimated at Rs 44 million.
Due to the high cost implications, the Ministry has decided that the project will be taken up
during the Budget Proposal Exercise for 2016-17. Moreover, arrangements have been made
with the Mauritius Sports Council and the Ministrys Maintenance Team to clean the plot of
land and keep shrubs and grasses at bay.
Ministrys Reply
A request has been made to the Ministry of Finance and Economic Development to consider
the possibility for the project to be financed under the Capital Project Requiring Assistance
of the Chinese Government.
15.3 Maintenance of Youth Centres and Sports Facilities
My Officers had carried out several site visits in March and April 2015.
15.3.1 State of Buildings and Grounds
At Youth Centres/Sports Complexes, structural cracks in buildings, leaks in most buildings,
damaged and rusty fencing, and damaged synthetic tracks were common features. The state
of roofs of stands at the stadia was deteriorating, with frames and roofing corroded and
leaking.
Metal purlins were also damaged at certain Facilities. With chemicals used in Swimming
Pools, the ambient air quality was causing the metal roofs and structures to corrode quickly
resulting in serious damage. Bolts and nuts holding whole roof structures were rusted.
The seating areas, with or without bucket seats, were generally dirty in all stadia and required
pressure cleaning.
Grass was not cut at certain places as the required equipment was out of order or there was no
staff to do the work.
15.3.2 Preventive Maintenance of Infrastructure
As far as the state of the buildings is concerned, and from observations made on site, the
impression gathered was that there has been a lack of preventive maintenance. Carrying out
ad hoc repairs or giving a fresh coat of paint is not considered as preventive maintenance.
Preventive maintenance is the systematic inspection to detect and correct failures at the start
before they occur or before they develop into major defects. While the aesthetic qualities of
the building and grounds are maintained, it also ensures timely identification of building
degradation that may otherwise be unnoticed.
229
At the Ministry, there was no programme of any form of planned preventive maintenance.
There was a team of Tradesmen doing minor repairs and remedial works on infrastructure for
youth activities. Those linked with sports activities were maintained by the Mauritius Sports
Council (MSC) with funds provided by the Ministry.
Absence of preventive maintenance has led to considerable degradation of structures as water
seeping into concrete has corroded reinforcement to the extent of bursting the concrete. Metal
sheets started rusting, and were eventually so corroded that holes have appeared and
continued to increase in size.
Recommendations
The Ministry should carry out a comprehensive survey of all its infrastructures to assess
the extent of damage and what remedial action and funding are needed.
There should be a team of qualified personnel to carry out regular preventive maintenance
in all facilities. They should work according to a programme done in collaboration with
the Infrastructure Unit and checklists worked out by the Engineer and Architect.
Ministrys Reply
The concept of preventive maintenance will, in fact, be very helpful for the Ministry for the
up-keeping of its infrastructures. However, the following problems have to be considered:
Funds are not made available for preventive maintenance by the Ministry of Finance and
Economic Development.
There is a lack of qualified skilled workers on the establishment of the Ministry. Repair
works are carried out by General Workers, where possible.
Safety and Health regulations in force do not allow workers to work above a certain
height. Most of the infrastructures require working at high altitude which is beyond the
competence of the employees of the Ministry/ MSC.
High cost implications of carrying maintenance works by Contractors.
Damage caused by users is constant and continuous repairs are required.
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Details
Supply, Testing and Commissioning
Maintenance Charges
Training
Total quoted price
400,200
Year 4
433,320
Amount
Rs
38,118,360
Sub-total
Free
231
1,410,912
2,244,432
40,362,792
232
vehicle had remained off the run since February 2015, for nearly four months at the
Coromandel Fire Station.
16.1.7 Advice from Attorney Generals Office
On 2 February 2015, the advice of the Attorney Generals Office (AGO) was sought. On
9 February 2015, AGO pointed out that the status of the certification was not clear, and hence
the Supplier might be in breach of contract or needful should be done for the certification to
be reinstated within a set of reasonable delay or to consider terminating the contract.
On 23 February 2015, the Supplier reiterated that the certification could not be reinstated.
The MFRS should request for a certification to be effected upon payment of the required
charge.
Recommendations
MFRS should ensure that the requirements of all relevant legal frameworks be complied with,
before finalizing any procurement exercise.
The importance of the maintenance of the vehicle should be assessed and a prompt decision
be taken for carrying out the necessary repairs in order to avoid the vehicle from being left
unutilised for long.
MFRSs Reply
The Parent Ministry initiated this project and necessary funds were made available.
The Pre-Delivery Inspection was delayed due to administrative procedures with the Parent
Ministry.
As the maintenance of the Vehicle was to occur in two years time after warranty, it was
considered to take it in due course of time. On 16 February 2015, the Supplier refused to
enter a contract based on maintenance fees proposed at the time of its bid.
16.2 Airport Crash and Fire Fighting Vehicle - Rs 15.7 million
On 17 June 2013, One Mercedes Benz Actros Fire Fighting vehicle, fitted with 11,946 cc
diesel engine was acquired by Outer Islands Development Corporation (OIDC), operating
under the aegis of the Ministry of Local Government and Outer Islands (MOLG), for the sum
of Rs 15.7 million inclusive of VAT from a local Supplier. The Airport Crash and Fire
Fighting vehicle was initially acquired for use at Agalega Island.
The vehicle was registered on 2 July 2013 in the name of OIDC. On 2 December 2013,
MOLG decided to transfer the vehicle to the MFRS on a temporary basis. The vehicle had
remained in the custody of the Supplier from 17 June 2013 to 15 January 2014, for some
seven months.
On 16 January 2014, the Fire Fighting Vehicle was transferred to MFRS pending its shipment
to Agalega. On 12 February 2014, one month later, the vehicle was sent to the Supplier for
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repairs as the bolts of propeller shaft, the mounted pump propeller shaft and the delivery
clamp were found to be rusted and corroded and there was leakage of air while in operation.
Two months later, on 16 April 2014, after repairs, the vehicle was returned to the MFRS.
However, after eight months use by the MFRS, on 23 December 2014, the vehicle was again
sent to the Supplier, in connection with pump accelerator defects and oil light indicator
showing On permanently. The vehicle had remained at the Suppliers workshop for repairs
for seven months.
On 9 April 2015, according to the Supplier, several difficulties were encountered to diagnose
the defects on the vehicle and the expertise of the Engineer of the overseas Supplier was
required.
As of 31 May 2015, the vehicle was still under repairs at the Suppliers workshop and had
remained unutilised for nearly 14 months from the time of its acquisition. The period of
transfer to the MFRS was not defined.
The acquisition was made to fight air crash. However, the Agalega Island did not have a
proper airstrip and rarely do airplanes land there. Besides, there was no fire station in the
Island. Therefore, the acquisition could be considered as an unnecessary expenditure, as
nearly two years after its acquisition, it had not yet been shipped to Agalega.
Acquisition should be properly planned and public funds judiciously used.
MFRSs Reply
In December 2013, the Parent Ministry entrusted the vehicle upon the responsibility of the
Department. It is the Outer Islands Development Corporation which has considered all
aspects prior to acquiring this vehicle.
The vehicle was still under warranty and the Supplier informed that an Expert from abroad
was being awaited imminently.
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Details
Period
Operation, Management
and Construction of Cells
Post closure management
II
In April 2010, as Cell 6 was nearing saturation, the Ministry decided to extend the existing
landfill to provide for additional waste disposal capacity beyond 2011 through the
construction of additional waste cells.
235
Phase
Details
Duration
II
Actual Costs Incurred for Consultancy, Constructions, Operation, and Maintenance and Post
Closure
Details of the Construction contract costs and consultancy fees incurred for the construction
of sub Cells and Cell 7 and Operation and Maintenance and Post Closure management are
given in Table 16-4.
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Table 16-4 Actual and Estimated Contract Costs, Consultancy Fees and Operation and
Maintenance and Post Closure Costs
Consultancy Services
Procurement Methods
Sub Cell 7
Sub Cell 7A
Cell 7
Direct procurement
Direct procurement
Request For Proposal
(RFP)
Sub -total
Amount (Rs)
(incl.VAT)
5,370,500
7,916,600
22,829,027
36,116,127
Construction Contracts
Sub Cell 7
Sub Cell 7A
Cell 7
Sub -total
Operation and Maintenance and Post
Closure Management for sub Cells
Dec 2011-May 2013
June 2013 May 2014
Operation and Maintenance
Cell 7 and other Cells
Emergency procurement
Open Advertised Bidding
(OAB)
Restricted Bidding
120,814,486
84,781,289
Direct procurement
Emergency procurement
204,035,720
173,731,131
377,766,851
Restricted Bidding
following pre-qualification
exercise
Sub -total
Total Actual Costs
Estimated Costs
Consultancy Services
447,957,563
653,553,338
1,142,456,589
____________
1,520,223,440
2,209,892,905
40,000,000
1,930,000,000
1,970,000,000
239,892,905
The actual total costs for the Consultancy Services, Constructions of sub Cells and Cell 7
including the Operation, Maintenance and Post Closure amounted to some Rs 2.21 billion as
compared to the approved estimated cost of Rs 1.97 billion.
237
238
Expected Duration
Construction Works
Phase I - Construction of a bund
and a leachate monitoring well
Phase II - Construction of
remaining part of Cell 7
Operation and Maintenance of Cells
The contract sum for the construction of Cell 7 was Rs 447,957,563. The construction works
of Phase I started in January, and were completed in September 2014.
Tenders were launched to the two pre-selected bidders though restricted bidding method
because of the urgency to ensure timely provision of new landfill space.
According to the Central Procurement Board, after a period of more than 20 months, new
potential bidders might be interested to participate in the procurement process and
recommended that a fresh pre-qualification process be initiated. However, the Ministry
decided to proceed with the procurement process on the basis of the pre-qualification exercise
concluded in December 2011.
16.3.4 Operation and Maintenance and Post Closure Management contracts
The Contract for Operation and Maintenance of Cells, Phase I of the second main contract, of
the Landfill expired in November 2011. It was subsequently extended by means of variation
orders on three occasions with the existing Contractor for the Operation and Maintenance of
sub Cells for a period of 17 months as from December 2011 to May 2013, and the sum
disbursed was some Rs 204 million.
Further, in April 2013, the contract for the Operation and Maintenance and Post Closure
Management of the sub Cells was awarded to the existing Contractor for a sum of
Rs 173.7 million on an emergency basis without resorting to competitive bidding.
239
Conclusion
In view of the rapid increase in the volume of solid waste collection and the reduction in void
space available in respect of Cell 6, the construction of the new Cell should have been timely
planned. Initially, the contract for the construction of the new Cell 7 should have been
awarded by November 2011 and completed by July 2012.
The actual total costs for the extension of the landfill had exceeded the estimated contract
costs by some Rs 240 million, representing 12 per cent of the estimated cost. Due to the
urgency for providing space capacity for waste disposal, contracts totalling some
Rs 512 million were awarded to Consultants and Contractors through direct and emergency
procurement methods without resorting to competitive bidding procedures.
Owing to procedural problems, the award of the Consultancy services for the construction of
Cell 7 was awarded to the successful bidder, some 18 months after the initial award. The
Ministry had to construct sub Cells in order to ensure the sufficiency and continuity in waste
disposal capacity.
The construction contract for Cell 7 was awarded after more than two years of the intended
date November 2011. Contrary to the approved scope of the project, the total estimated costs
of Rs 1.97 billion for duration of 10 years included the Post Closure Management Phase
which was excluded in the third main Contract. The contract was awarded for a duration of
five years. Consequently, a new contract will have to be awarded for the Post closure
Management Phase for the next five years with additional costs which would exceed the
approved total estimated costs by more than Rs 240 million.
The same Consultant was awarded Consultancy contracts for some Rs 39 million for the
constructions of sub Cells 6, 7A, 7 and Cell 7 since 2008, of which some Rs 13.3 million
were awarded through direct procurement. The same Contractor was awarded contract
amounting to some Rs 120.8 million on a fast track basis, through emergency procurement.
Additional costs were incurred for the Operation and Maintenance of the sub Cells and an
amount of some Rs 377 million was paid to the existing Contractor from December 2011 to
April 2013 through extension of the contract and emergency procurement method and
without competition.
Recommendations
Based on experiences gathered during the construction of Cells and Operation and
Maintenance of the landfill in respect of previous contracts, the project implementation
should be properly planned and monitored closely. Tenders should be launched well in
advance to ensure the timely completion of the project.
Regular and timely feedback should be obtained from the Consultant to ensure proper
management of landfill space capacity.
In view of the fact that management of the landfill involves huge investment, the Ministry
should ensure that proper competitive bidding procedures are followed so that contracts are
awarded at the most competitive prices. The timely award of contracts also means that
240
additional costs could be minimized in terms of escalation costs and increase in foreign
exchange rates.
The existing landfill will be saturated within the next five years and no extension of the
landfill will be possible. The Ministry should start procedure for the creation of another
landfill site, and to ensure that proper tendering procedures are followed and disposal waste
capacity is available. It should also ascertain that value for money is obtained.
Ministrys Reply
The construction of sub-Cells had not only impacted on the contract value but also resulted in
a longer lifespan of the landfill. Initially, it was expected to provide landfilling space up to
2017 through the construction of Cell 7, but ultimately, landfilling capacity would now be
available up to end 2018.
The Ministry had no alternative than to resort to direct procurement in order to avoid
disruption in waste disposal services. It could not afford to spend time on seeking other
tenders and running the risk of having no landfilling space available as from May 2012.
The extension of Cell 6 was warranted in view of the discrepancy that existed between
quantities in the Bills of Quantities and the lay-out plans in the tender documents, and also
additional landfill space was required.
The delay in concluding the award of the Consultancy Contract was due to challenge by one
unsatisfied bidder, which resulted in a re-evaluation of the bids, the subsequent cancellation
of the bid exercise and launching of fresh tenders for Consultancy Services.
It was decided not to call for a new pre-qualification exercise but to pursue the procurement
process on the basis of the pre-qualification exercise concluded in December 2011. This
decision was taken to avoid a situation whereby precious time could be lost again in
challenges and appeals, and there could have been no void space available for landfilling. In
view of the national importance of the project, Government was continuously briefed at all
the different stages in the tender procedures for the construction of Cell 7.
Since time was of essence to provide waste disposal capacity, the Ministry had no alternative
left than to solicit the services of the serving Consultant.
The landfill would reach saturation in 2018/2019, and land identification procedures have
started since almost three years but have not yet been concluded. The Current Consultancy
contract will expire in January 2016, and a new Expression of Interest for Consultancy
Services is currently being evaluated by the Ministry.
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243
the server of the Government Online Centre and was available for testing as from
1 December 2014. Screens, which were not as per specifications were amended by the Joint
Venture in mid-January 2015. Major changes were brought to the System and testing of a
module led to other module being affected. Officers of ED reported that only debugging was
being performed instead of actual testing. As of March 2015, only 45 per cent of the System
was tested.
The Project, which was scheduled for completion in July 2014, was extended to
31 May 2015. However, as of June 2015, the e-Work Permit System was not operational. The
Performance Security which expired on 30 September 2014 was not renewed. Except for the
advance payment of Rs 4.02 million, representing 30 per cent of the contract price for the
Back-End of the System, no further disbursement was effected.
17.1.4 Present Status of Project
As of 30 April 2015, the e-Work Permit Portal was not fully operational. The User
Acceptance Test was still outstanding. Software Requirement Specifications (SRS),
Contingency Plan and Backup Policy were not yet approved and signed by both parties. Bids
for procurement of pre-personalised work permit cards and card printer were still at
evaluation stage.
The security features of the System were not vetted by the Information Technology Security
Unit, and built-in alerts were not yet incorporated in the System. The linkage with Lodging
Accommodation Permit (LAP) was not effective, while the Labour Market Information
System needed upgrading prior to linkage. Business proposal for the setting up of the linkage
with Passport and Immigration Office System was not yet finalised.
Module for medical clearance of expatriates was not completed and access was not yet
provided by the Government Online Centre. The test platform for the e-Payment Gateway
was not operational since March 2015. Data on the Work Permit Application System were
not yet migrated to the e-Work Permit System.
The Ministrys interests might not have been safeguarded. The delay in execution of project
would lead to delay in provision of efficient and effective services.
Ministrys Reply
The relocation of the ED delayed the testing phase of the project.
The Contractor was informed that no payment would be effected pending submission of
Performance Security and was being pressed for remedial action for the completion of the
project.
The modules for medical clearance and testing of e-payment were completed. As of
17 July 2015, linkage with LAP was established and was operational.
The registration of the Ministry as a Data Controller was under process. Data will be
cleansed prior to migration to the new System.
The project was being closely monitored and daily testing was being effected to ensure
the viability of the System.
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Ministrys Reply
Action is being taken to insert the missing details in the Register and measures will be
taken to enhance the uniqueness and security features of the Recruitment Licence.
Regular inspections were not carried out due to shortage of staff. Inspections will be
effected in cases of non-submission of quarterly returns.
A High Level Committee was set up in February 2015 to review the whole procedure for
issue, renewal and monitoring of Recruitment Licence.
Application for a Recruitment Licence in the name of the company was made.
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247
Total No
No of
Extent
of
Projects of Land
Promoters
(A)
State Land
No of
Extent
Projects of Land
(A)
Period No
Objection
Letter
Issued
Project status
could not be
determined
13
1,174.76
117.63
2008- 2014
10
182.29
8a
288.88
2008-2010
13
49.50
12a
138.19
2006-2014
3.00
51.59
Total
38
1b
73.46
1,480.01
599.29
Source: Ministry of Tourism and External Communications (Tourism Division) and Ministry of
Housing and Lands.
a
Includes one project for which a No Objection letter has not been issued.
b
For this promoter, the project involved both State and Freehold Land
Status of Project
Project status could not be determined. The status of 13 project proposals could not be
determined. It was not known whether the projects would in fact be undertaken. These
included four projects involving 117.63 A of State Land. Of these, one has a reservation letter
dated 15 January 2009, two have lease agreements dated 5 November 2008 and 11 December
2009 respectively and no information was available for the fourth one.
Nine other hotel development projects involved 1,174.76 A of freehold land.
Unrealised Projects. Ten projects have not yet been realized. In one case, the Ministry issued
the No Objection Letter on 3 December 2009. The project was to be on an extent of 155 A
of State Land at Ile aux Benitiers. Proposal was made for a 6 Star Hotel project comprising
145 villas, an over water restaurant, spa pavillons, fitness centre, eco park and bio centre,
among others, which would have cost some Rs 3.3 billion.
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The promoter was not going ahead with the project. In January 2015, the MOHL reported
that a lease agreement for 20 years for coconut plantation as from October 2014 has been
signed.
Projects in Pipeline. As of 30 June 2015, there were 13 projects which have not yet been
developed after several years and were reported to be in the pipeline. These consisted of
12 projects involving 138 A of State Lands and one project involving freehold land.
For eight projects, lease agreements for 78.21 A of State Land were already signed but the
projects have not yet been implemented. These included three lease agreements signed as far
back in 2006 and 2007, and for two other projects, lease agreements have been recently
signed in 2012 and 2013. In three other cases, lease agreements were signed in 2006, 2007
and 2009 and which have been amended in August and November 2014 and June 2015
respectively.
For the remaining four projects, letters of intent have been issued between 2010 and 2014.
For one of the projects in the pipeline, the MOHL reported that on subject site stands one
concrete bungalow . It was not possible to ascertain the extent of completion of the project
for which 4.5 A of State Land had been leased and for which lease agreement was signed
since September 2007. As per records at the Companies Division, the financial statements of
the company showed fixed assets owned and valued at Rs 7.3 million during the three years
2012 to 2014. This would indicate that no major capital expenditure has been incurred during
these three years.
Ministrys Reply
(a) The database is kept in an Excel Sheet format and is regularly updated. The database
includes approved hotel projects which will start construction. It excludes hotel projects
which have materialized and are included in Statistics Mauritius List as hotels under
operation.
(b) The decision to issue a No-Objection Letter with a two year validity has been approved
on 24 January 2015.
(c) It is the Ministry of Housing and Lands which is the guardian and is vested with the
powers to allocate, retrieve and extend deadlines with respect to State Land. A promoter
cannot proceed with the development of any site solely on the basis of a No Objection
Letter from the Ministry. Construction on site can only be possible if the Lease
Agreement and the EIA Licence are still valid. Stand alone, the No Objection Letter
from the Ministry does not give the promoter the possibility to develop a site. In case the
EIA has lapsed after a period of 3 years, the No Objection Letter has no validity.
(d) New elements have recently been introduced for the processing of hotel projects
including Feasibility study, Marketing plan and financial resources.
(e) Circulars Letters, on a regular basis, were sent to promoters requesting for project status
and were followed up by telephone calls and the database was updated accordingly. A
coordination committee comprising inter-alia, representatives of the Ministry of Housing
249
and Lands and Ministry of Environment, has been set up to look into State Lands which
have not yet been developed by the promoters and to decide on future course of action.
(f) Project status cannot be determined solely at the level of this Ministry being given that
other statutory clearances and permits, such as land conversion, appeal to EIA Tribunal
are required for the implementation of the project.
(g) The project on Ile aux Benitiers did not materialize as no EIA Licence was issued, despite
the promoter being a holder of a No Objection Letter from this Ministry.
18.2 Management of Tourist Infrastructure at Le Citadel
The Ministry and the ex Tourism Fund had already disbursed a total amount of some
Rs 26.5 million to the Tourism Authority for building and infrastructural works at Le Citadel.
The investments on historical infrastructure were meant to convert Le Citadel into a tourist
attraction with a view to generating income and making a profit.
Income generated by renting spaces since 2012 at Le Citadel amounted to some Rs 115,000
per month. Out of the 14 slots, nine slots are vacant at Le Citadel. The Ministry is not
obtaining value on investment of some Rs 26.5 million.
It is recommended that the Ministry should review the business plan of Le Citadel.
Ministrys Reply
The vacant slots could not be rented due to structural defects in the building which cause
heavy leakage during rainy season. A huge investment is required for the rehabilitation of
the building.
In the context of the implementation of the measure announced in the Budget 2015/2016
to transform the Citadel into an Espace Artistique, a taskforce, comprising relevant
stakeholders, has been set up to look into all issues pertaining to the site.
18.3 Illegal Occupation of Le Batelage Premises at Souillac
At paragraph 7.1 of Audit Report for the year ended 30 June 2006, mention was made of
unpaid debts of Rs 265,000 in respect of two commercial lots at Le Batelage, Souillac Tourist
Village . The Ministry is still managing this Government premise of an area of 620 m2. Of the
290 m2 of space available for renting, a tenant is currently occupying 212 m2 for a restaurant
business.
Observations
Nearly 10 years later, the tenant owing Rs 265,000 between 2001 to 2005 has not settled
his debt.
The current tenant owed a total amount of Rs 913,398 at 31 December 2014 which has
increased to Rs 1,015,834 at 31 May 2015.
250
The lease has expired in June 2012. Since then, the tenant has been occupying the
premises illegally. Only one reminder was sent to the tenant in February 2014. This
would indicate a lack of proper follow up by the Ministry.
Ministrys Reply
The Ministry has issued several reminders to the tenants. Two meetings were held with
the tenants last year to convince them to settle the arrears, but to no avail.
The Attorney Generals Office is currently finalising procedures for the eviction of the
tenants and to recoup all outstanding rental.
251
Back to Index
252
Back to Index
Ministrys Reply
Action is being taken at all units for the proper filling of Requisition Forms and
instructions have been issued to all Officers in charge at the CSD to ensure that all signed
Delivery Notes are attached to the respective Requisition Forms.
Action is being initiated with regard to procedures for input in the system and adjustments
would be made on duly authorized forms.
Issues to the CSD were in respect of adjustments for items short/partly received, wrong
postings and transfer of expired items.
Medical Officers have been instructed to write their names properly on Prescription
Forms. Reconciliation of drugs dispensed with Prescription Forms would be carried out
on a random basis.
A new list of expensive items/drugs has been circulated to all Pharmacists for
implementation with immediate effect.
19.1.3 Reconciliation of Issues from CSD
As the Pharmacy Unit and the Surgical Stores at J. Nehru Hospital (JNH) are computerised, a
comparision of issues from the CSD and receipts at the hospital was carried out.
Discrepancies were noted between issues from the CSD and receipts at the Pharmacy
Unit of the hospital.
At the CSD, the Delivery Notes could not be traced. These were not attached to the
respective Requisition Forms.
Instances were noted where quantities received at the hospital were either less or greater
than the quantities as per the Delivery Notes. Amended Delivery Notes, duly signed, to
show the actual quantity received, were returned to the CSD but no correction was made
at the CSD.
Issues of drugs from the Pharmacy Main Stores to the Dispensing Unit were not
supported by authorised Store Forms. From January to December 2014 over 525 issues,
recorded in the system, were not approved by a Senior Officer.
Ministrys Reply
All Officers in charge at the CSD have been instructed to mandatorily attach the Delivery
Notes to their respective Requisition Forms for identification of receiving officers at hospital
level.
254
Year 2013
Year 2014
Rs 605,942,077
Rs 672,708,900
Rs 47,935,486
Rs 88,554,541
7.9 %
13.16 %
Rs 25,956,671
(54.15 % of
local purchases)
Rs 42,339,116
(47.81 % of local
purchases)
Source: TAS
Drugs were procured at higher prices at hospital level. Price variance as compared to
CSD price was significant and ranged as high as 2,500 per cent.
A sample check carried over 70 local purchases at hospital level totalling Rs 3,676,617
revealed that difference in cost, when CSD price is used, amounted to Rs 3,058,054
(494 per cent).
Considering that procurement of listed drugs through local purchases totalled some
Rs 80 million, the difference in cost for such procurement would be substantial. Cases
were noted where Suppliers defaulted and the hospitals resorted to local purchases, the
higher amount disbursed was recouped from the faulty Suppliers. Some Rs 2 million were
so recouped during 2014, in addition to liquidated damages for late deliveries. However,
it was not possible to recoup excess amount paid from Overseas Suppliers as payments
were usually made before shipment.
Same drugs were procured at different prices by different hospitals during the same
periods. In several cases, the hospitals were resorting to split purchases to avoid
thresholds beyond which more competitive procurement methods might have been used.
Cost information was not readily available. Higher prices paid and amount recouped from
suppliers, additional costs paid for air lifting and liquidated damages deducted from
payment for late deliveries in some cases, etc, were available only in individual order
files.
Split purchases of some drugs made by the Regional Hospitals during periods of stock out
during 2014 exceeded Rs 1 million as shown in Table 19-2. Purchases at VH represented
a high percentage of total local purchases.
255
Period of Local
Purchase
Value
Rs
3,442,029
Victoria Hospital
Value
Rs
%
1,480,239
43
1,805,203
1,631,140
90
Cefotaxime inj 1g
1,414,634
1,414,634
100
Atorvastatin 20 mg
2,042,642
1,249,010
61
Ceftriaxone inj 1g
2,602,761
1,529,235
59
Regular local purchases were resorted to at hospital level. However, there was no adequate
control over the dispensing of drugs purchased locally.
It was not possible to reconcile the issue of drugs purchased against Prescription Forms
on a particular date.
There was no proper coordination between the Stock Control Unit and the Procurement
Unit of the Ministry. The first correspondence in file Drug monitoring at the CSD dated
July 2014. Follow up of deliveries were done in individual order files; information was
not readily available.
The responsibilities for drawing Managements attention whenever an item is reaching reorder or critical level have not been assigned by the Ministry.
There was also no proper coordination among the hospitals, the CSD and the Procurement
Unit for addressing stock out problems. Hence, the possibility of items/drugs flagged as out
of stock at the CSD and yet being available at a Regional Hospital or at Health Centres exists.
Such eventuality has not been given due consideration by Management.
Ministrys Reply
During 2014, there were over 120 drugs out of stock at the CSD. This was due to delay in
the processing of tenders for 2013 and 2014. Tenders for 2013 returned by the Central
Procurement Board in September and October 2012 for separate bidding exercises for
each category of items resulted in delay in the processing of the tenders for 2013 and
2014 as well.
Local purchases are carried out for both the hospitals and the health centres in case of
stock out at the CSD. The catchment area for VH is greater than those of other hospitals.
Treatment for Cancer patients starts at VH and follow up may be carried out at other
hospitals. The drugs are purchased at VH and distributed to the other hospitals.
256
Follow up of orders is carried out by the Procurement Unit and as from 2015, weekly
meetings are being held with the CSD for closer monitoring and for procurement to
palliate stock out problems.
19.1.5 Annual Requirements for Drugs
There was no efficient use of Information Technology (IT) at the Ministry. For years, it was
noted that the compilation of the annual requirements took some 12 to 16 months and was not
based on readily available information.
This process could have been streamlined by the use of IT:
The lead time for the compilation of the annual requirements can be considerably
reduced. Data for past and current years could be downloaded for analysis. The assistance
of the Central Information Systems Division should be used to streamline the processes
for better efficiency.
Returns of local purchases were sent on a monthly basis by hospitals in hard copies. Same
could be sent electronically for data compilation.
Recommendation was previously made for use of Management Information System (MIS)
available at the CSD.
19.1.6 Medical Disposables
Amount disbursed for procurement of medical disposables (excluding Medical Gas) during
2014, was Rs 381.6 million
Observations
Some 23 per cent of the hospital requirements for medical disposables was procured
locally at hospital level. Local purchases during 2014 totalled some Rs 90 million. The
hospitals were resorting to split purchases to avoid thresholds beyond which more
competitive procurement methods might have been used.
The process for the compilation of the annual requirements for medical disposables, in
36 groups, was lengthy. Requirements for 24 groups for 2014 were submitted to the
Procurement Unit from April 2013 to June 2014.
Local split purchases of some medical disposable items by the different hospitals
exceeded Rs 1 million during the year as shown in Table 19-3.
257
Period
Value
Rs
4,501,322
Bandage (assorted)
3,688,337
Gloves (Assorted)
1,135,009
Syringes (assorted)
1,042,590
Verification carried out by my Officers at four Regional Hospitals revealed that control
was not satisfactory over receipts and issues :
The ledgers of the Surgical Stores were not up to date at all the four hospitals
Duplicates of Local Purchase Orders were not pasted back to the counterfoils. It was
difficult to ascertain whether items received were taken on charge.
There was no control over consumption by user units as there was no accountability
of items received from the Surgical Stores.
Ministrys Reply
Several items of medical disposables are often out of stock at the CSD. The hospitals have no
alternative than to procure same on the local market in order not to disrupt the smooth
running of the service. Ledgers are being updated.
Action is being taken to paste back the duplicates of local purchases.
19.1.7 Expired/Deficient Items
The value of expired items/items unfit for consumption transferred to the Deficient Stores
Ledger during 2014 totalled Rs 21.1 million, of which 81 per cent (Rs 17.2 million) was from
Section A of the CSD as detailed in Table 19-4.
258
Description
A
B
C
F
V
Pharmaceutical Products
Medical disposable
Solutions, Solvents, Syrup etc
Family Planning
Aryuvedic
Value
Rs
17,177,479
15,664
1,234,743
363,156
2,358,223
Total
21,149,265
As of 31 December 2014, value of items awaiting write off at the CSD totalled
Rs 108.9 million (Rs 87.8 million in respect of previous years and Rs 21.1 million in respect
of 2014)
Several items, such as Paracetamol 500 mg, Enalapril 10 mg ACE Inhibitors and Norplant
Contraceptive Sets, amounting to Rs 1.8 million, were transferred to the Deficient Stores
Ledger prior to expiry due to deterioration. There was no evidence that the Procurement
Unit had been informed for necessary action in accordance with Financial Regulations.
Details of expired items held and disposed of at hospitals/Mediclinics/health centres were
not available at the Ministry.
As of May 2015 at VH, 129 drugs had expired (53 of which expired in 2014). The expired
items, the costs of which were not recorded, were not transferred to a Deficient Stores
Ledger.
The expired items were occupying considerable space.
Damaged Items
From November 2014 to February 2015, three consignments of Sodium Bicarbonate
Solution/Powder and Acid Concentrate valued at US $ 7,163 (Rs 214,890 approx) were
received damaged. The Insurance Company was informed and surveys have been carried out
but a claim was not preferred on the Company, A Claim Register was not being kept at the
Ministry or the CSD for follow up action in accordance with Financial Regulations.
Ministrys Reply
A percentage of expiry of pharmaceutical items is unavoidable in all health systems. In
fact, World Health Organisation allows a margin of 2 to 3 per cent of expiry on all
pharmaceutical items.
A Deficient Store Voucher has been processed for items received damaged. The Manager,
CSD has been requested to take immediate action for the keeping of a Claim Register and
initiate action for claim to be issued to the Insurance Company.
259
Action was being taken by the Ministry to streamline procedures for disposal of unwanted
goods.
19.2 Procurement of Equipment
For several years I have been drawing the attention of the Ministry on a number of
shortcomings relating to the procurement of equipment. These included the following:
Lack of proper procurement planning and cases where cost estimates were understated.
Specifications were not well set and evaluation exercises were not properly carried out,
Delays in invitation to and processing of bids resulting in cancellation and re-launching of
bids, extension of bid validity period.
Delays in installation of equipment or their remaining dormant for long period.
Assets Management Information System was not adequate. A proper Fixed Assets
Register was not available and there was no evidence of physical verification of the
assets.
19.2.1 Procurement Planning, Bid Preparation and Evaluation
Some Rs 168.2 million were disbursed under Capital item for the procurement of Medical
Equipment during 2014.
Annual Procurement Plan
An Annual Procurement Plan as stipulated under the Public Procurement Regulations (PPR)
was not prepared for 2014 and requests from different units were not consolidated for
grouping of similar items before calling for quotations/tenders. Existing equipment and space
availability were not always taken into consideration when needs/requests submitted by
hospitals/units were assessed. A priority list was not worked out. At Dr A. G. Jeetoo Hospital
(JH) and Flacq Hospital (FH), several items of equipment were found to be lying dormant in
the Stores while at JH, several others which were in working condition have been put aside
after purchase of new ones.
Ministrys Reply
The Ministry has already initiated action for launching of bids after consolidation of
needs.
The Planning Committee will be reactivated to ensure that priorities are determined at the
level of each hospital. The Equipment Committee will further establish a final priority list
taking into consideration availability of funds.
A circular will be issued to all Regional Health Directors (RHDs) regarding prioritisation
of needs at regional level.
260
261
The Ministry was not usually resorting to a marking system for evaluation of bids for
complex equipment.
Since a proper planning was not carried out, the same items were being procured at
different costs after separate procurement exercises. For example, anaesthetic machines
and Infant Incubators were procured at prices ranging from Rs 695,000 to Rs 847,000 and
Rs 325,000 to Rs 439,000 respectively.
Recommendations
An Annual Procurement Plan in accordance with the PPR should be prepared after a
proper assessment of the needs of each health institution.
The needs of each Regional Hospital should be discussed and similar items should be
grouped together well before the beginning of the financial year for budget/planning
purposes.
Specifications should be broad and the Global Medical Device Nomenclature (GMDN)
which is based on international standard should be adopted as this has been compiled by
Medical Experts from around the world. The GMDN is also updated on a regular basis.
Proper templates should be designed for bid opening and evaluation. Preliminary
examination to determine responsiveness to bidding documents and correctness of bid
prices should be carried out only once for the same bidding exercise.
The Ministry should consider the adoption of a marking system for equipment with
complex technical specifications to avoid rejection of competitive bids with minor
deviations/differences.
Ministrys Reply
The compliance sheet was being revised to make it more effective and transparent.
A standard bidding document for supply, installation of plant and equipment has been
prepared and is awaiting vetting from the Public Procurement Office. This will help to set
up a proper marking system.
The lead time depends on the complexity of the tender exercise and the formulation of the
specifications. The legal provision in the Public Procurement Act (PPA) with regard to
appeal procedures add further to the delays in awarding the contract. Proposed remedial
action started earlier will reduce lead time considerably. Defaults on the part of Suppliers
further extend the lead time as fresh tendering exercise has to be launched.
262
263
Tenders were launched through the Open Advertised Bidding Method on 23 August with
closing date 25 September 2013 for the procurement of three ACRLS Ambulances.
Bids ranging from Rs 13.5 million to Rs 23.3 million were received from five bidders as
detailed in Table 19-5
264
Bidders
Bid Price
Rs
19,980,000
19,970,670
14,165,220
23,287,500
E
Option 1
13,500,000
Option 2
14,250,000
After evaluation, the highest bid from D, of make Mercedes Benz of French origin, was
found to be technically responsive and the contract for the supply of the Ambulances was
awarded to D on 20 January 2014.
The following were noted:
(a) On 26 August 2013, D informed the Ministry that the delivery period of 12 weeks from
the date of Letter of Acceptance was not realistic as these types of Ambulances were not
readily available on the market and had to be designed and constructed as per
requirements laid down in the Tender Specifications. The bidder considered that a fair
delivery period for such specialized vehicles should be at least 6 months from the date of
Letter of Acceptance.
(b) The bids from A, B and E were considered to be non-responsive as the delivery schedule
proposed was not as per requirement of the bidding documents, that is eight to 12 weeks
and were not retained for further evaluation.
(c) The bids from C and D were retained for further evaluation, the one from D (the highest
offer) was found to be the technically responsive bid.
(d) The Letter of Award was issued to D on 20 January 2014 and the Ambulances were to be
delivered within eight to 12 weeks, that is by 15 April 2014.
However, on 30 January 2014, that is, 10 days later, the Supplier D informed the Ministry
that due to bad weather in France, the Manufacturing plant was flooded, and that it would
not be possible to supply the vehicles as per the initial delivery schedule and that there
would be a delay of three months. The Ambulances were delivered on 28 July 2014 that
is with a delay of some 14 weeks. The Supplier referred to Clause Force Majeure as
stipulated in the Conditions of Contract and no liquidated damages were claimed.
Payment to the Supplier after adjustment for parity and exchange rate totalled
Rs 23,009,818.
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(e) More competitive bids from the other bidders were not considered for further evaluation
as they did not comply with the delivery schedule. However, the Ambulances were
delivered six months after the Letter of acceptance.
The delivery schedule of eight to 12 weeks for such specialized items was not realistic.
This matter should have been given due consideration during the evaluation exercise.
(f) The Commissioning Certificate was signed on 29 May 2015, that is, 10 months after
delivery.
(g) The Performance Security representing 10 per cent of the contract value requested from
the Supplier was to be valid for a period of 13 months as from the date of the letter of
acceptance.
One of the General Conditions of Contract mentions that the Performance Security shall
be discharged by the Purchaser and returned to the Supplier not later than twenty eight
(28) days following the date of Completion of the Suppliers performance obligations
under the Contract, including any warranty obligations, unless specified otherwise in the
Special Conditions of Contract.
The Performance Security submitted was valid up to 20 March 2015 and did not cover the
period 21 March to 27 July 2015. The vehicles were delivered on 28 July 2014 and the
one year warranty period would end on 27 July 2015.
There should be adequate follow up on Suppliers obligations to the Ministry to ensure
that its interest is safeguarded. The Supplier should be requested to extend the
Performance Security up to 27 July 2015.
Ministrys Reply
It is common practice to set delivery schedule for procurement of vehicles for 8 to 12
weeks. In fact, two bids were responsive to the delivery requirements.
Delivery schedule was one of the criteria for evaluation. Bids that were not responsive to
the commercial requirements of the bidding documents had not been retained for further
evaluation.
The Supplier has now been requested to extend the performance security to cover the
warranty period.
19.4 Medical Gas
Payments for medical gas during 2013 and 2014 totalled Rs 83,306,296 and Rs 98,841,954
respectively. Medical gas was delivered in cylinders of different volumes at the hospitals
while liquid oxygen was delivered by replenishing the liquid oxygen tank at Dr A. G. Jeetoo
Hospital.
266
Observations
Control over supplies and payments were not satisfactory as shown below.
19.4.1 Liquid Oxygen at Dr A. G. Jeetoo Hospital
The award was for the supply of liquid oxygen in litres. Deliveries at the hospitals were
made in kilograms (kgs) and converted to litres for payment purposes.
Gas Attendants were taking deliveries and were recording oxygen level in percentage
before and after delivery. Deliveries were not verified by the Procurement and Supply
Officer/Senior Procurement and Supply Officer (PSO/SPSO), contrary to Financial
Regulations.
There were discrepancies in the invoices from the Supplier. The weight supplied in kgs
and percentage increase in tank were not always correctly recorded and these units were
converted to litres for payment purposes. The unit of conversion from kgs to litres was
communicated to the hospital in December 2014 after repeated requests from the hospital
authorities.
Based on the official conversion rate from kgs to litres and scrutiny of claims/invoices
and delivery notes from the Supplier from June 2013 to February 2015, the Supplier has
overcharged the hospital by Rs 1,886,000 for the said period.
In several cases, claims were not supported by delivery notes. Hence, correctness of
amount claimed could not be ascertained.
19.4.2 Deliveries of Gas Cylinders to Hospitals
Control over delivery was not satisfactory:
Medical gas cylinders used by wards were exchanged at the Surgical Stores while Nitrous
Oxide, Medical Oxygen 300 cubic ft, Compressed Air Cylinders were delivered by the
Supplier to the different units using the pipe system, at Victoria, SSRN, Dr A.G Jeetoo, Flacq
and J. Nehru Hospitals, after notification by the Gas Attendant and request from the
PSO/SPSO. Except at JNH, deliveries were not verified by the PSO/SPSO, contrary to
Financial Regulations.
A Gas Attendant was responsible for replacement of cylinders and an invoice was submitted
by the Supplier after delivery. It was not possible to identify the Officer acknowledging
receipts of delivery on invoices submitted for payment in the absence of name and
designation.
At Dr A. G. Jeetoo Hospital, a register was kept by the Gas Room Attendant for recording of
gas level during morning and afternoon handing over. However, replacements of cylinders
were not recorded therein.
267
A Register for recording replacement of cylinders was not kept at the other four Hospitals
using the pipe system. Wards were also not keeping records for the exchange of Medical Gas
cylinders.
The Supplier had free access for the exchange of cylinders to the Gas room and the stock at
the Cardiac Unit of Victoria Hospital which were not under lock.
Oxygen cylinders were delivered to a VH patients residence on a regular basis. The authority
for such delivery was not made available.
In the past, an electronic receipt, recording the serial number of refilled and empty cylinders
exchanged, was issued by the Supplier after each delivery; this practice has been
discontinued.
The risk of invoices being submitted for items not delivered was high at these hospitals.
19.4.3 Payments to Supplier
Except for JNH, all hospitals were submitting a recapitulation of invoices from Supplier
together with the Local Purchase Orders to the Finance Section for settlement.
Contrary to Financial Regulations, the invoices from the Supplier were not attached to the
Local Purchase Orders and were not stamped paid. Moreover, claims were not being
examined and payment vouchers were not fully supported by relevant documents.
Recommendations
Control over delivery should be strengthened at all hospitals. Delivery should be done in
the presence of the PSO/SPSO.
Registers for recording of exchange of Medical Gas should be kept at all units.
The name and designation of the Officer recording and supervising replacement of
cylinders should also be recorded in the Register.
Invoices from Supplier should be annexed to the recapitulation sheet and the Store Forms
should be duly stamped paid and classified after payment.
Ministrys Reply
Controls as recommended are being implemented. Control over delivery has been
strengthened at all hospitals and is being done under the supervision of the Stores Cadre.
Registers are being kept in all wards to record the number of cylinders exchanged.
The Supplier has agreed that there has been an overpayment. The Ministrys Finance Section
is working on the amount overpaid and a letter will subsequently be sent to the Supplier for
refund.
268
19.5.1 Payments
An analysis carried out revealed the following:
639 employees, that is, 5.2 per cent of total staff, among the different grades have drawn
overtime/allowances amounting to Rs 196.9 million. This represented 18.9 per cent of the
total overtime/allowances effected in 2014 and ranged up to 300 per cent of annual basic
salaries earned during 2014. In two cases, overtime/allowances paid exceeded
Rs 1 million.
20 per cent of the staff (all grades) has drawn Rs 556.8 million, that is, 53 per cent of the
total overtime/allowances paid by the Ministry.
The overtime/allowances paid by grade ranged from 15 to 115 per cent of the basic
salaries. For five grades, more than 50 per cent of staff was drawing 70 to 100 per cent of
their annual basic salaries as overtime/allowances.
Overtime paid to the Officers of the Administrative staff (Management Support Officers,
Procurement and Finance Cadres) totalled some Rs 28.4 million.
Distribution of Health Workers by grade as of 30 June 2015 is given in Table 19-6.
Table 19-6 Distribution of Health Workers by Grade
Regions
R1
R2
R3
R4
R5
Total
Population
2013
327,390
216,701
164,689
182,318
361,902
1,253,000
Medical Practitioners
as at June 2015
MHOs
159
120
107
110
153
649
Specialists
74
54
41
48
84
301
Nursing Staff as
at June 2015
612
517
492
498
942
3,061
269
Other Grades
as at June 2015
881
691
393
656
647
3,268
The ratio of MHOs to population region wise ranged from 1:1539 (R3) to 1:2365 (R5)
while that of Nursing staff was from 1:335 (R3) to 1:535 (R1).
Other grades included Ambulance Care Attendants on shift (ACAs), Drivers, General
Workers, Attendants (Hospital Services). The ratio of ACAs by population region wise
varied from 1:7597 (R4) to 1:13404 (R5).
The above would indicate that there was an uneven distribution among the staff in general
and the different grades in the five regions, which might have had a direct incidence on the
amount of overtime and allowances disbursed by the Ministry. However, the Ministry has so
far not carried out an exercise to determine whether there was a fair distribution of staff.
Ministrys Reply
Distribution of staff is dependent on the population served by the region.
The Ministry of Civil Service and Administrative Reforms will be requested to carry out
an HR audit to assess the HR needs in the five regions.
19.5.2 Control over Overtime and Allowances at Regional Hospitals
Sample checks carried out at the four Regional Hospitals, namely Dr A. G. Jeetoo (JH),
Victoria Hospital (VH), Flacq Hospital (FH) and SSRN Hospital revealed weak control over
overtime and allowances.
Claims for overtime/allowances were submitted with considerable delay for payment and
were not subject to verification against Attendance Records and Roster at JH, VH and
FH. Cases of over or under claim were noted at JH and SSRNH. Attendance Records and
Roster were not available for Specialist/Senior Specialists and Consultants at JH. Hence,
On call and In attendance allowances claims could not be substantiated.
At JH, cases were noted where the claims were not correct; these were either submitted
for dates on which no night duty was performed or were not submitted for dates on which
such duty was performed. Claims for Bank Sessions did not correspond to the dates and
time recorded in the Attendance Register.
Staff performing overtime at JH and VH were not always signing the Attendance
Register.
It was not possible to identify the officers certifying and verifying the claims at JH and
VH as they were not stating their names on the Overtime Claims.
The use of correction fluid has been noted in Roster forms at FH.
In view of the above, there was a risk of overpayment of overtime/allowances.
270
recorded therein for follow up action. Application for Leave should be submitted within a
reasonable delay. Leave Sheets should be properly filed and updated.
(c)
(d)
Specialist/Senior Specialists and Consultants should record their attendance when called
for duty or when on call.
(e)
To strengthen control, management should assign the responsibility for monitoring the
attendance of officers of Nursing Grades to a responsible Officer of the Administration or
HR Cadre. Attendance Registers should be kept in suitable places such as in the
Administration Department.
(f) The Ministry should consider the implementation of a shift system among the grades that
are required to provide a round the clock service. Staff of various grades should be fairly
distributed in the different regions so as to curb expenditure on overtime, and at the same
time that would help to provide better services in each region. Overtime performed by
staff should be closely monitored.
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Ministrys Reply
Instructions have been given to all Officers for strict control over attendance and for
verification of claims.
Overtime will henceforth be granted in exceptional circumstances only subject to full and
valid justifications. Heads of Section have been advised to reorganise the work in their
sections by optimising human resources through redeployment of staff and reviewing
work systems and practices regularly.
19.6 Upgrading Project at Dr A.G Jeetoo Hospital
19.6 1 Background
The project comprised the construction of a multi-storeyed building to house the new 550 bed
hospital equipped to modern hospital standards, rehabilitation/reassigning of space in existing
buildings, demolition of obsolete buildings and completion of site infrastructure. The
approved project value was Rs 2.0 billion over the five-year period 2010-2014, and revised to
Rs 2.3 billion in 2014.
In January 2008, a contract was awarded to a team of Consultants to provide pre and post
consultancy services for the fixed lump sum of Rs 92,077,924 inclusive of VAT. A Resident
Project Manager (RPM) was appointed in November 2008 for the management of the project,
which was implemented in three stages. Stage 1 consisted of demolition works and covering
of a canal for the contract sum of Rs 31.1 million and was completed by Contractor A in May
2009. The contract for Stage 2 which comprised the construction of the new Dr A.G. Jeetoo
Hospital, was awarded to Contractor B in August 2009 for the sum of Rs 1.47 billion and was
practically completed on 24 July 2012. However, the procurement of medical equipment and
furniture was not completed as of that date. Stage 3 of the project which comprised the
renovation of H-Block and Doctors Mess was awarded on 30 May 2013 for the sum of
Rs 175.5 million to Contractor B. Post consultancy services for Stage 3 were provided by a
team of Officers of Ministry of Public Infrastructure (MPI) and Energy Services Division
(ESD).
19.6.2 Works Contract under Stage 3 Renovation of H-Block and Doctors Mess
Stage 3 of the project consisted of the complete restoration of the stone structures, including
flooring, roofing, partitioning, mechanical, electrical and plumbing services of the H-Block
and Doctors Mess, an ancient stone building of over 100 years old. The renovated building
was planned to house, among others, Rehabilitation Services, Doctors Dormitory and Mess,
Paramedic Mess, Methadone Clinic.
Observations
Project Approval
The renovation of the H-Block and Doctors Mess was approved by the Building Plan
Committee in March 2012 for the sum of Rs 173 million. The estimated Project Managers
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fees for Stage 3, and the operation and maintenance cost of the building, were not indicated in
the Project Request Form (PRF) as required under the Capital Project Process Manual
(CPPM).
Award of Contract for Renovation of Works
The award of the contract to Contractor B, for the sum of Rs 175,485,363, was approved by
the Central Procurement Board (CPB) in November 2012. It was only on 30 May 2013 that
the award was made, that is, six months after. The delay was mainly due to the following:
Decanting Process. At time of invitation of bids for Stage 3 in September 2012, the
construction of the new Dr A.G. Jeetoo Hospital under Stage 2 had practically been
completed since July 2012, but was not fully operational. There were significant delays in
the procurement of medical equipment and furniture under Stage 2 and outstanding
builders work associated with their installation.
Change in Consultants for Post Contract Services. The change in the Consultancy team
for post consultancy services for Stage 3 took nearly one year. In March 2012, the
Consultants proposed a fee of Rs 8,797,000 (excl VAT) for the consultancy services on
the ground that these works were originally to take place simultaneously with the
construction of the main building. In May 2012, MPI found the fees to be on the high
side. When bids for Stage 3 were invited in September 2012, the Consultants were named
as the Consultants/Engineers in the bid documents. In October 2012, they revised their
fee to Rs 11,025,000 (excl VAT) subsequent to the increase in the contract period for
Stage 3 by two months. Two counter-proposals of Rs 4,681,750 (excl VAT) and
Rs 4,981,750 (excl VAT) were made by the MPI in November 2012, but the Consultants
were not agreeable to both proposals.
Clearance from the Ministry of Civil Service and Administrative Reforms (MCSAR) and
advices from the CPB and Attorney Generals Office (AGO), concerning provision of
post consultancy services by MPI for Stage 3, were obtained in February and May 2013
respectively.
Structural Condition of Building, Survey and Modifications to Works
In April 2011, the Consultants recommended that a preliminary contract for structural
investigations and testing be included in the main renovation contract prior to the start of
renovation work since the H-Block and Doctors Mess were old buildings. However, a survey
to assess the structural condition of the building was not done before the start of the
renovation works.
A structural survey was carried out by the MPI after the start of the works under Stage 3. The
MPI reported, among others, that:
The survey carried out by the Consultants at the design stage for the balcony structures,
wooden structure, flooring and ceiling on the first floor and toilet block for Block 4, was
inadequate;
There were major discrepancies between drawings, specifications and Bill of Quantities
(BOQ). The final drawings submitted by the Consultants were based on surveys which
were proved to be inaccurate and should have been verified and confirmed by the
Ministry prior to launching of tenders.
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the Mechanical and Electrical Works. The Taking Over Certificate was issued on 8 June
2015, that is, six months later.
A sum of Rs 176,708, representing three per cent of the value of works (Rs 5,890,250) being
the maximum amount of liquidated damages, was deducted from payment for delay in the
completion of the Ex-Post Natal Ward. This percentage was below the minimum percentage
of five to 10 per cent prescribed in the Standard Bid Documents (SBD) for works up to
Rs 400 million.
Testing, Commissioning and Defective Works
Mechanical, Plumbing and Electrical Works. The renovated service lift was put back to
service on 27 March 2015. The Fire Alarm System was operational in April 2015. As of
22 July 2015, testing of the BMS equipment and Earthing for Lightning Protection was still
outstanding.
Water Leakages and Other Defects In January 2015, the MPI reported that during the
cyclonic weather, there were leakages from the roof and the stone wall of Block A, through
windows in Block 4 and 5. There were also leakages from the roof of the Ex Post Natal
Ward. According to the MPI, these were due to bad workmanship. In April 2015, it was
reported that the roof of the attic of the H-Block was leaking at several places during
rainfalls. There were also other defects, such as termite invasion of the timber roof structures,
timber boarding of floor of attic not properly fixed and several holes in the roof sheets. The
Contractor failed to attend promptly to the outstanding and defective works contrary to the
General Conditions of Contract (GCC).
In February 2015, the RPM reported that there were no resources on site to attend to
uncompleted services. The RPM recommended the MPI to explore the possibility of
forfeiting the Performance Bond after serving the appropriate notice. The Performance Bond
and Insurance Policy subscribed by the Contractor expired on 25 May 2015 and would expire
30 September 2015 respectively. The Defects Liability Period (DLP) for the H-Block/
Doctors Mess and for the Ex-Post Natal Ward ended on 23 May and would end on
5 December 2015 respectively.
The Contractor did not increase the value of the Performance Bond and Insurance Policy for
the construction works although the renovation of the Ex Post Natal Ward which were
additional works of the contract value of Rs 6.5 million, were not within the scope of the
contract price of Rs 175 million.
Site Visit
During a site visit made by my Officers on 10 April 2015, it was observed that the
Rehabilitation Services on the ground floor of the renovated building were operational and
the Doctors Dormitory/Mess was also functional. The Chemotherapy Ward on the ground
floor and the two wards on the first floor were not yet operational. The Ex Post Natal Ward
was being used as store for equipment.
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Ministrys Reply
Project Approval and Award of Contract for Renovation of Works.
The renovation of the H-Block formed part of the Master Plan for the Upgrading Project.
As and when parts of Stage 2 were completed and handed over, H-Block was vacated and
services transferred to the new building around January 2012. Delays in awarding the
contract to Contractor B occurred as there was a change in Consultants which asked for
additional fees, amounting to Rs 11,025,000. In view of the contractual implications,
same had to be referred to the CPB, MPI and the AGO for advice.
Structural Survey by MPI, Modifications in Scope of Works, Additional and Variation
Works.
The structural survey by the MPI revealed several shortcomings that were not identified
by the Consultants. Their views could not be invited on account of the fact that they had
already demobilized from site due to untimely handing over of the building by the
Ministry. Several modifications works had to be carried out by MPI. The Ministry had
requested that the space be optimised in as much as the original approved layout as
agreed with the Consultants, had to be revised as some of the requirements were obsolete
and this entailed rearrangement of partitioning and other services. All extra works have
been accommodated in the original contract price of Rs 175 million. These variations are
well within the limit authorised by the CPB.
Sectional Taking Over, Testing, Commissioning and Defective Works
Water leakages to roof, Block A and Block 4 and 5 have been remedied. Leakages at
H- Block during heavy rainfall were observed. Only item remaining was leakage at the
valley between main roof and dormer for which a water test will be arranged again.
Remedial works have been slow on the Contractors side. Liquidated damages have been
applied as per Conditions of Contract prepared by the Consultants.
Testing and commissioning of the building have been seriously delayed due to the fact
that the Construction Company was winding up. All testing and commissioning have
been completed except for BMS and Earthing for Lightning Protection.
The Chemotherapy Ward is operational since July 2015. One Ward on the first floor has
been designated as an Isolation Ward while the second one will be used for Endoscopy.
The Consultant in Charge is working on the necessary modifications.
19.6.3 Consultancy Services
Consultancy Services by Private Consultants
The scope of the consultancy services provides that the Consultants shall assume full
responsibility with regards to the design, calculation and drawings. Further, according to the
Consultancy Contract, payments would be made to the Consultants for pre consultancy
services at the satisfactory completion of the Master Plan, Preliminary and Production
drawings stages, final document including specifications and BOQ and Tender Action Stage
up to the award of contract.
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Payments for Consultancy Services - Rs 121,813,623. The original contract, which was
awarded in January 2008 for a sum of Rs 92,077,924 was made up of Rs 39,883,150 for pre
contract and Rs 52,194,774 for post contract consultancy services. A supplementary contract
for Rs 8,738,103 was signed in June 2012 for additional services, and the Consultants also
provided services relating to procurement of medical equipment and furniture to the tune of
Rs 40,621,250. Hence, the total contract value of the services was Rs 141,437,277.
As of 31 December 2014, payments totalling Rs 121,813,623 were made to the Consultants.
They were paid the full contract sum for pre consultancy services amounting to
Rs 39,883,150 which included Rs 797,663 for Stage 3. However, as per reports of the MPI,
the services provided under Stage 3 were not satisfactorily done in that there were poor
design, discrepancies in drawings, specifications and BOQ, and project documentation was
inadequate and inappropriate.
Payments for post consultancy services under the main contract amounted to Rs 38,799,765.
An amount of Rs 1,370,000 was withheld for part of services which were not provided under
Stage 2 of the project.
The supplementary contract was extended to October 2013 to oversee builders work relating
to late installation and commissioning of medical equipment received beyond the DLP of
23 July 2013. Total payments under the supplementary contract amounted to Rs 8,340,332,
including Rs 5,190,603 for extended contract administration from August to October 2013,
Rs 920,000 for four additional visits by the Bio Medical Engineer and Rs 804,909 for
additional services relating to late procurement of equipment.
Claim for Damages - Rs 2,628,675. In September 2013, the Consultants claimed
Rs 2,628,675 (plus interest) as damages on the ground that there was a breach of contract on
the part of the Ministry, since Stage 3 was under their consultancy contract and when the bids
for Stage 3 were invited in September 2012, they were named as the Employers Agent. In
April 2015, the Ministry approved the invitation for Expression of Interest to designate an
Arbitrator for resolution of the dispute.
Consultancy Services by MPI/ESD Rs 4,429,805
MPI stated that Stage 3 of the project was not in their priority list of projects and the
assignment was to be carried on a fast track basis outside normal working hours. In
March 2013, the Ministry approved that allowances amounting to Rs 2,571,200 be payable to
a MPI/ESD team comprising Architects, Engineers, Quantity Surveyors, Mechanical and
Electrical Engineers, Technical Officers and Draughtsmen, at the rates determined by the
MCSAR for a contract period of eight months. Allowances were also paid to the Directors
and Deputy Directors on a monthly basis for fast track projects. During the period August
2013 to 31 December 2014, payments made to the team totalled Rs 2,623,004.
In January 2014, the MPI/ESD team requested for additional allowances of Rs 714,795 for
the period September 2013 to February 2014 for additional services performed as result of
variations and additional works under the contract. Approval was obtained after eight months,
in October 2014, and an amount of Rs 234,375 was paid in May 2015.
In October 2014, a third request for additional payment amounting to Rs 1,143,810 for extra
hours of work during the period March to July 2014 was made because the contract period
was extended to 25 September 2014. Approval was obtained on 2 July 2015 and the request
was being processed.
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In January 2015, a request for additional allowances was made by MPI regarding arbitration
following the claim for damages by the Consultants but was not yet approved as of
31 May 2015.
Ministrys Reply
The Consultants finally came up with a budget of Rs 175 million which to all intent and
purposes, was not overrun and that in spite of several changes as directed by the Ministry.
19.6.4 Project Management and Monitoring
The Financial Regulations and CPPM set out the essential features of the management of and
accounting for capital projects and organisation of the capital project process leading to a
timely completion of projects within approved budget.
Observations
Project Management and Supervision
According to their contract, the Consultants were required among others, to administer the
contract during the execution of the works and provide a Clerk of Works, a resident Engineer,
a representative of the Mechanical/Electrical Engineer and an Assistant to the Quantity
Surveyor to be permanently posted on site throughout the construction period. Further, they
should conduct daily inspection of all work activities to ensure strict compliance of
construction work with contract quality requirements.
In view of the nature of the works, the RPM recommended MPI to post on site a full time
Clerk/Works Inspector knowledgeable in structural timber and stone masonry and the latter
would also act as the liaison person for the day to day supervision and administration of
works on site.
No full time officer of the MPI was posted on site throughout the construction period for the
supervision and administration of works. Hence, the Ministry was deprived of the permanent
posting of different grades of personnel on site throughout the construction period, a
condition which is important to ensure quality of work.
Ministrys Reply
The MPI does not have full time officers who are posted on site throughout the construction
period. A Technical Officer from the Architects Section was responsible for inspection works
on site through weekly site visits and additional visits when required.
Project Monitoring
Project Implementation Unit (PIU). A PIU, as mentioned in the Consultancy Contract, was
not set up for the implementation of the Dr A. G. Jeetoo project which started in 2009.
In 2013, a High Powered Committee recommended the setting up of a PIU on a pilot basis in
four Ministries, the Ministry of Health and Quality of Life being one of them. Provision for
the setting up of a PIU at the Ministry was made in the budget but due to shortage of staff, the
MPI stated that it could not accede to the request of the Ministry to provide the services of an
Architect and Engineer who were to form part of the PIU. Pending the recruitment of a
Director and a Deputy Director, the contract of employment of the RPM which expired on
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14 May 2015, was extended on a month to month basis for a period of one year with effect
from 15 May 2015.
Project Steering and Monitoring Committees. The CPPM provides for the setting up of a
Project Steering Committee to follow up the timely completion of projects. A Steering
Committee was set up, in 2009, at the Ministry but notes of meeting for the project were seen
up to March 2011 only. At start of the project in 2008, there was a Project Monitoring
Committee comprising representatives of the Ministry, the MPI and the Consultants. Notes of
meetings were seen up to May 2008 only.
Ministrys Reply
There has so far been no candidate to man the PIU and advertisement was being made for the
recruitment of an Architect and Engineer on a contract basis.
Recommendations
The Ministry should request the MPI to include in its priority list all projects considered as
urgent. For budget and planning purposes, the Ministry should include in the PRF all costs
associated with the project. This will help in the smooth implementation of projects and
minimize the delay in the delivery of the services when the buildings are completed. A
realistic time frame must be set for the decanting process before embarking on projects.
The responsibilities for the administration and supervision of works during the construction
stage should be clearly defined and agreed with the parties concerned before initiating
procedures for the bidding process. During the design stage, the requirements of the Ministry
should be thoroughly discussed and agreed with the Consultants/MPI, and drawings as well
as project documentation must be complete and accurate before invitation of bids. This will
help to minimize variations as well as time overrun.
The Ministry should ensure that Contractors comply with all the terms and conditions of the
contract including submission of performance security and insurance policy to safeguard
Governments interests. The works should be adequately supervised and closely monitored so
that all projects in particular those put on fast track basis are executed within the agreed time
frame.
The Ministry should ascertain that Consultants adhere to their contractual obligations at each
stage of the project before payments are released and adequate remedies are provided in the
contract in case of default. When projects are supervised by MPI, the MPI Officers should be
involved at each stage of project implementation and during the execution of works and
monitor progress so that projects are completed in time and quality of work is up to
expectations.
Given the Ministry spends significant funds on capital projects, the PIU should urgently be
put into operation for the effective planning and monitoring of projects and their timely
completion. Critical issues relating to the timely procurement of equipment should be duly
addressed through the preparation of a Procurement Plan.
The Steering Committee should meet regularly and guide the PIU for the successful
implementation of projects and achievement of the desired results. Regular progress reports
should be submitted by the MPI/Consultants to the Committee for follow up of progress.
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requirements shall be remedied by the Contractor at its own costs before handing over of the
project during the warranty period of one year.
The site was handed over on 28 December 2012 and the works were due to be completed
within 23 months, that is, by 27 November 2014. The construction was completed on
15 July 2014 and the building was handed over on 16 October 2014.
At the handing over, there was a snag list comprising several outstanding items/defects such
as retouching of paint and making good to rendering in certain areas, ponding of water in
shower and lobby of male and female rooms. Progress reports on items attended during the
warranty period were not available. Hence, it was not possible to ascertain whether all
outstanding items/defects as per snag list had been remedied as of 31 May 2015.
The New Operation Theatres and Wards were still not operational although seven months
have elapsed since the handing over of the building.
Ministrys Reply
The fifth settlement will be paid at the end of the Defect Liability Period, that is, by
15 October 2015.
The MPI has drawn a snag list on 17 June 2015.
19.7.3 Works to be executed by the Ministry
As per agreement signed on 29 May 2012, the Ministry is responsible, among others, for the
provision of water, electricity, road access, communication cable and public facilities.
Observations
Procurement Planning
An Implementation Programme clearly showing all services and works to be executed by the
Ministry, together with the target dates for survey, design, preparation of bid documents,
invitation, evaluation and award of bids, site handing over and start and completion of works,
was not prepared. A Procurement Plan was not produced.
No target date was set for the New Operation Theatres and Wards to become operational.
Electricity Works
In May 2014, the contract for the supply, installation, testing and commissioning of electrical
works was awarded to a local Contractor for the sum of Rs 6,778,500. The works, to be
supervised by the Energy Services Division (ESD), were due to start on 7 July 2014 and be
completed within a contract period of six months, that is, by 7 January 2015.
There were delays in the completion of the works since the site was partially handed over to
the Contractor on 7 July 2014 and the final handing over of the site was made on
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29 January 2015. The contract period was extended to 23 April 2015. The works were
completed on 26 May 2015.
The Performance Security of Rs 677,850 which expired on 2 January 2015 was not extended
to cover the Defects Liability Period which would end on 26 May 2016.
Water Supply
Water was already available in the building and the main meter was to be connected to the
building by the Central Water Authority. The latter was agreeable to carry out the works by
3 April 2015.
The date on which the works started and due to be completed were not known. The works
were still outstanding as of 31 May 2015.
Covered Passage from New Operation Theatres to Wards
In September 2014, the MPI was requested to carry out a survey and submit the design and
cost estimates for the construction of a covered passage from the new Operation Theatres to
the Wards.
The MPI started the survey on 17 March 2015. As of 31 May 2015, the design and the
estimated costs were still being awaited.
Levelling of Yard and Upgrading of Boundary Walls.
The above two items would be under the responsibility of the Ministry. On 1 April 2015, the
MPI stated that these works would be carried out together under one project. As of
31 May 2015, surveys have not yet been carried out.
Ministrys Reply
The works relating to the water supply were carried out by the Hospital Plumbers and were
completed on 28 June 2015.
The MPI is finalizing the preliminary design of the covered passage and the estimated cost
for the project. Approval of fund to the tune of Rs 4 million has been conveyed to MPI on
9 July 2015 for implementation of resurfacing works and upgrading of the boundary wall
under the Framework Agreement 2015-2016.
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Following bid exercises, contracts were awarded for the supply of 18 items for some
Rs 42 million. 14 items costing Rs 39 million were delivered, while the other four items
costing Rs 3 million had not yet been supplied.
Items, already commissioned, have so far not been put to use because the Operation
Theatres and Wards were not yet operational. Only a few items such as six Scialytic
Lamps and two Autoclaves were installed. The warranty period of several items of
equipment could have expired before the Operation Theatres and Wards become
operational. Hence, the Ministry might have to bear cost of maintenance and repairs
which normally would have been incurred by the Suppliers.
The bid exercises, for the remaining seven items of equipment, were cancelled and new
tenders would be re-launched.
Ministrys Reply
The Supplier has verbally informed the Ministry that the warranty period will be extended.
On 16 June 2015, the Ministry has launched tenders for the procurement of Medical
Equipment with closing date 22 July 2015.
Recommendations
There should be proper planning in the procurement of services and works as well
equipment/furniture through the preparation of an implementation programme and a
procurement plan in order to ensure delivery in time and avoid delays so that building
become operational as planned. This will also help to maximise use of resources and ensure
that the warranty period does not lapse before equipment/furniture are put to use.
The MPI/ESD should forward the snag lists to the foreign Contractor, and ensure, that these
are duly attended to before the final handing over of the building.
The Ministry should liaise with the MPI/ESD and other bodies concerned for the completion
of outstanding works so as not to further delay the implementation of the project.
Contract management must be enhanced so that contract conditions pertaining to handing
over of site and renewal of Performance Security, relating to electrical works, are duly
complied with.
Pending the setting of the Project Implementation Unit as provided in the 2014 Budget, the
Ministry should set up the Project Steering Committee to ensure the timely implementation of
projects.
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The Consultant has submitted a draft Feasibility Report in August 2014. As of December
2014, 35 per cent of the contract sum totalling Rs 2 million (inclusive of VAT) was paid to
the Consultant.
As of the beginning of May 2015, no development was noted.
Ministrys Reply
A portion of State Land at La Tour Koenig was vested with the Ministry for construction
of a modern warehouse. The Consultant has submitted a draft feasibility report and the
Ministry is considering the recommendations.
19.10 Procurement of Security Services
Total disbursements for the provision of security services during 2014 amounted to some
Rs 33.2 million.
As reported at paragraph 18.1.1 of the Audit Report for the year ended 31 December 2013,
the performance of the Contractor that was awarded the contract for the Security Services
was not satisfactory.
19.10.1 Performance of the Contractor
Despite the fact that several safeguards were provided in the contract, the following
shortcomings previously reported, still prevailed during 2014:
(a) The complete and updated list of security guards posted to the various health institutions
could not be produced.
(b) The Morality Certificates and two recent passport size photographs for each Security
Guard were not provided.
(c) The list of Security Guards provided by the Contractor included persons who were
beyond the age limit specified in the contract.
(d) There was no proper supervision over the work of the Security Guards. The services
provided were not satisfactory. Several cases of theft were reported at SSRN Hospital.
(e) Advance daily and weekly reports regarding the posting of Security Guards with details
of their respective duties were not submitted to the management of hospitals and other
health institutions.
(f) Some guards did not comply with instructions and replacements were not provided for
guards who were absent.
In January 2015, the Contractor was informed that the Ministry would have no alternative
than to consider terminating the contract in case of non compliance or action initiated not
deemed satisfactory. In March 2015, the above shortcomings were discussed anew and
assurance was sought for remedial action.
The Ministry has so far not taken remedial action in that:
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No claim has been preferred on the Insurance Company for repeated larceny cases under
the Professional Indemnity Insurance Cover as per the General Conditions of Contract
Despite the fact that the Contractor was in breach of its obligations under the Contract,
the performance security (guarantee) submitted by the Contractor was not forfeited.
19.10.2 Renewal of Contracts
As pointed out at paragraph 18.1.2 of the Audit Report for the year ended 31 December 2013,
the second year contract was renewed for a period of one year starting 1 December 2013 for
Regions 1 to 4 and other health institutions, on the grounds of time constraints, despite
unsatisfactory performance of the Contractor at all hospitals. The Contractor was again
informed that failure to perform to the satisfaction of the Ministry, may lead to the
termination of the contract by giving one months notice.
Although there was no improvement in the Contractors performance after repeated requests
for remedial action, the contract for Regions 1 to 4, and other health institutions for the period
starting January 2015 was renewed on 13 April 2015 on a month to month basis up to 30 June
2015. The contract for Region 5 which expired on 31 May 2015, was also renewed on a
month to month basis as from 1 June 2015.
In April, May and June 2015, the health institutions were still complaining about the poor
performance of the Contractor and the situation has worsened. Several cases of theft at SSRN
and Victoria hospitals were reported.
The decision to renew the above two contracts was taken by the Ministry as no funds were
earmarked in the budget to implement Governments decision to recruit its own security
guards. Hence, according to the Ministry, the contracts were renewed on a month to month
basis in the absence of any other alternatives.
19.10.3 Insurance and Performance Security
The Professional Indemnity Insurance and Performance Security for Region 5 which expired
on 31 May and 28 June 2014 respectively have not been extended to cover the renewed
contracts.
Ministrys Reply
The problems of security services are also relevant to other Ministries/Departments and no
alternative is available. Ministries/Departments are being serviced by poor performing
Suppliers. Contract for these services are awarded by the Central Procurement Board.
Funds have not been made available for recruitment of staff for security services.
A lasting solution has not been found due to dearth of good Contractors on the market.
The Professional Indemnity Insurance and Performance Security could not be extended as it
was decided to renew the contract on a month to month basis.
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A new bidding exercise is currently under process for the award of new contracts for security
services for all the five regions. Separate contracts would be awarded to separate bidders for
each region.
19.11 Procurement of Laundry Services
At paragraph 18.2 of the Audit Report for the year ended 31 December 2013, I reported that
rates charged by the sole provider of the laundry services were escalating from year to year.
The Contractor was awarded the contract in July 2013 for a three-year period from
1 September 2013 to 31 August 2016.
The amount disbursed for laundry services for 2014 totalled some Rs 53.8 million.
In June 2013, the Central Procurement Board recommended that in view of the monopolistic
situation prevailing on the market, a Committee be set up at the level of the Ministry to
undertake a preliminary study on a Public Private Partnership project for laundry services to
be provided in the five Regional hospitals by private developers.
However, as of 31 May 2015, no decision had yet been taken.
Ministrys Reply
The recommendation of the Technical Committee, for a feasibility study to be carried out
regarding the possibility of embarking on a Public Private Partnership project for laundry
services estimated to cost around Rs 20 million, is being considered.
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started. Final version of the Software was delivered to the Ministry in August 2014, with a
delay of some eight months.
20.1.5 Implementation of the CPR at the CDU Outstations
The Project scope included implementation of a Web-based CPR which would be accessed
and updated by the Ministry and also by six outstations where most of the cases are being
reported. The Register was set live and was made operational on 28 August 2014 at the
Ministrys Headquarters only, but not at any CDU outstations, due to absence of adequate
physical infrastructure and networking. At time of audit (April 2015) more than eight months
later, although a contract had already been awarded for Local Area Network connections at
four of the CDU outstations and already executed, the commissioning could not be done due
to absence of telecommunications lines. The Register could thus not be made operational at
those locations.
Ministrys Reply
Due to oversight, the renewal of the Performance Security was not attended to.
Liquidated damages could not be deducted from payment made to the Contractor, as the
latter was not to be blamed.
It is a fact that the Bank Guarantee submitted by the Contractor upon signature of the
Contract covers only 26 per cent instead of 30 per cent of the contract price. Henceforth,
the Ministry will ensure that all conditions mentioned in the Bidding Documents are
respected.
Delay in completion of the project was due to key users commitment and heavy
workload during the requirements gathering phase.
Commissioning of the LAN could not be done due to inadequate electrical installations
and telecommunications lines.
20.2 Building to House a Drop in Centre at GRNW
The building constructed on a plot of land at Grand River North West, vested in the Ministry
since 2001 and completed in May 2012, was to be used as a Residential Care Centre/Drop in
Centre for children victims of commercial and sexual exploitation. Expenditure incurred on
construction works and furniture and equipment as at 31 December 2014 amounted to
Rs 20.84 million and Rs 646,977 respectively. Contract for the management of the Centre
was awarded to a service provider on 29 May 2014, at the cost of Rs 3,803,636 for one year.
290
291
Several conditions stipulated in the MOU, signed by the Ministry and the service
provider, have not been complied with:
Staff Employed
There was no clear demarcation of duties for specialized staff such as Carers,
Cooks, Teachers or Cleaners. In fact, Carers were also performing duty of Cooks
or even Cleaners, and sometimes, Teachers also.
The ratio of Carers to children was not being complied with, that is five during the
day and six during the night. The actual number of Carers was often less than
required especially during the day.
These shortcomings had also been highlighted on several occasions by the Family
Welfare Protection Officer who conducted site visits.
Commodities Book was not properly kept. The quantity of items purchased for the day
to day running of the Shelter was not being recorded therein. Balance of stock of
provisions and other commodities available on a particular day was therefore not
available. Hence, it was not possible to ascertain the adequacy of provisions of
foodstuffs and other items on any particular day.
At time of visit carried out by my Officers, there was no Security Guard present on site
(from 13.00 to 15.30 hrs).
Ministrys Reply
Attention of the service provider was drawn to these shortcomings, and the latter was also
reminded to comply with the conditions of the MOU.
20.4 Shelter for Children in Distress at Floreal
Following a site visit carried out by my Officers on 14 April 2015, several shortcomings were
noted:
Accounts Book not available on site. These were not kept on site and could thus not be
produced.
Staff employed. Ratio of Carers to babies which was 1:4 (subject to a minimum of 3) was
not being complied with. For instance on the day of the visit, only two Caregivers instead
of three or four were present for 15 babies.
292
Register of Furniture and Equipment was not Kept. Only a list of such items was
produced. It should be pointed out that the Shelter had benefited from the Social
Collaborative Programme of some Rs 1.89 million in 2011 for its refurbishment through
the National Childrens Council.
Proper uniform and identification was not worn by the person on duty as Security Guard
on the day of visit.
Ministrys Reply
With the recruitment of Enforcement Officers, monitoring of Shelters will be undertaken in a
more effective manner.
20.5 Special Collaborative Programme (SCP)
Since July 2009, the Ministry has been implementing the Special Collaborative Programme
for support to women and children in distress in Mauritius and Rodrigues. The Programme
aimed at providing financial support to Non-Governmental Organizations (NGOs),
Community Based Organizations (CBOs), non-state actors including Local Authorities,
Rodrigues Regional Assembly and non-profit Statutory Bodies, working for the social
empowerment of women and children in distress. A maximum grant ceiling of Rs 2 million
for each project has been established and was subject to a maximum period of
implementation of two years. The Programme was managed by a Coordinator appointed for
that purpose who was formerly assisted by three Social Facilitators but only one at present.
The main eligibility criterion was the welfare of women and children in distress.
20.5.1 Funds Disbursed
The Ministry had disbursed some Rs 116.4 million in respect of 148 projects approved during
period July 2009 to December 2014, more than 69 per cent of which had already been
completed as of April 2015, as shown in Table 20-1.
Table 20-1 List of Completed Projects
Year
Total Amount
Approved
Rs million
20.01
Total Amount
Disbursed
Rs million
20.01
Completed
Projects
2009(Jul-Dec)
Number of
Approved
projects
17
2010
32
27.71
27.13
32
2011
29
28.90
22.40
29
2012
25
17.57
21.70
20
2013
30
22.44
14.07
2014
15
7.22
11.10
Total
148
123.85
116.41
103
293
17
As of April 2015, the Register of Application was not up to date and not reliable.
20.5.2 Projects Submitted by Statutory Bodies Falling under the Purview of the Ministry
The Ministry had approved seven projects for a total amount of Rs 7,648,414 submitted by
Statutory Bodies falling under its purview, as shown in Table 20-2.
Table 20-2 Projects approved during period 2009 to 2014
Year
2009
Statutory Body
National Women
Entrepreneur Council
National Children
Council
2011
2012
National Children
Council
Projects Description
Training in Serigraphy
Empowerment of deprived children
through creativity and other development
activities
Refurbishing and promoting child care
quality services to babies on the early
child care Centre at Floreal
Total
Amount
Rs
112,350
1,608,327
1,949,593
National Women
Entrepreneur Council
Training in Serigraphy
National Women
Council
2,000,000
2013
National Women
Entrepreneur Council
166,320
2014
National Children
Council
1,700,734
Total
7,648,414
111,090
According to the provisions of the Act for the respective Bodies, all documents shall be
deemed to be executed by or on behalf of the Council if signed by the respective Chairperson
and the Council Secretary. However, all application forms and undertakings were signed by
the Secretary/Acting Secretary of these bodies only, in contravention to the requirement of
the Act.
20.5.3 Lack of Adequate Monitoring of Project Implementation
The Programme Coordinator, appointed under the above Programme, together with two
Social Facilitators, effected site visits once or twice during the period of implementation of
the project. In view of the number of projects and the limited staff resources, proper
monitoring could not be done. Moreover site visits to assess whether projects had been
294
completed in accordance with conditions of the grant were either not yet carried out or done
after a long delay.
Examination of Completed Projects (Year 2009-2011)
A sample of completed Projects was examined to verify whether the conditions of the
undertakings had been complied with, and also whether the objectives were met. The
following were noted:
Total amount as per payment vouchers produced by some organizations was less than the
amount disbursed by the Ministry. The amount not spent was not recovered by the
Ministry.
Completion reports had not been submitted in several cases more than five years after the
implementation period had lapsed. It was thus not known whether project objectives had
been met and potential beneficiaries had in fact benefited from same.
20.5.4 Mechanism for Independent Evaluation of Projects after Completion not set up.
The Ministry has up to now not evaluated the Programme independently to assess whether
the objectives have been attained, and also whether the targeted beneficiaries had in fact
benefited from those projects.
Ministrys Reply
Final progress reports will be closely monitored. The Ministry is currently undertaking an
exercise for the selection of a Consultant to evaluate the Programme.
295
Back to Index
296
Back to Index
297
after the end of every financial year, submit the annual report to the auditor.
(The previous deadline was three months, applicable for financial years prior to 2011)
(c) The auditor shall, within six months of the date of receipt of the annual report, submit the
annual report and his audit report to the Board.
(d) Where, in the opinion of the Board, the Chief Executive Officer or any other officer of a
statutory body has not properly performed his duties with the result that the above
requirements of the Act cannot be complied with within the prescribed time, the Board
may, after giving an opportunity for the officer to be heard, take appropriate disciplinary
action against the officer.
(e) On receipt of the annual report, including the audited financial statements and the audit
report, the Board shall, not later than one month from the date of receipt, furnish to the
Minister such reports and financial statements.
(f) The Minister shall, at the earliest available opportunity, lay a copy of the report and
audited accounts of every statutory body within his portfolio before the National
Assembly.
The Director of Audit is responsible for the audit of 104 Statutory Bodies. Appendix IIA
refers.
41 Statutory Bodies have not yet submitted a total of 96 financial statements. Appendix IIB
refers.
216 financial statements in respect of 73 Statutory Bodies have been certified but have not
yet been laid before the National Assembly. Appendix IIC refers.
21.2 Local Authorities
The Local Government Act (LGA) 2011provides that the Chief Executive of every local
authority, other than a Village Council, shall, within three months after the end of the
financial year submit financial statements to the Council. The LGA 2011 also provides that
the approved annual financial statements shall be audited by the Director of Audit and that
they shall be submitted for audit within four months of the end of every financial year;
the Director of Audit shall address to the Minister and to the Local Authority concerned,
a copy of the certified financial statements and his report.
the Chief Executive shall cause the certified financial statements and the report of the
Director of Audit to be published in the Gazette within 14 days of their receipt by the
Local Authority.
The Director of Audit is responsible for the audit of 12 Local Authorities. Appendix III refers
298
Two financial statements in respect of two Local Authorities have been certified but have not
yet been gazetted. Details are given in Table 21-1.
Table 21-1 Financial Statements Certified but not yet Gazetted
Client
Period
01.07.2008-31.12.2009
Date
Certified
06.09.2011
2012
02.10.2014
299
Back to Index
300
Back to Index
APPENDIX IA
List of Special Funds audited by the Director of Audit
Curatelle Fund
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Tourism Fund - Ceased operation on 31/12/2011- Financial statements for the year
2011are still under Examination.
301
302
APPENDIX IA
Back to Index
APPENDIX IB
Special Funds - Financial Statements not yet Submitted
Special Funds
No of
Financial
Statements
Period
Statutory
Date Limit
2013
31.03.2014
2014
31.03.2015
2012
31.03.2013
2013
31.03.2014
2014
31.03.2015
2014
31.03.2015
2013
31.03.2014
2014
31.03.2015
2014
31.03.2015
2014
31.03.2015
2014
31.03.2015
2010
31.03.2011
2011
31.03.2012
2012
31.03.2013
2013
31.03.2014
2014
31.03.2015
Total
16
303
304
APPENDIX IB
Back to Index
APPENDIX IC
Special Funds - Financial Statements Certified
but not yet Laid before National Assembly
Statutory Bodies
1 Business Growth Fund
2 Food Security Fund
No of
Financial
Statements
1
Period
Date Certified
2011
27.06.2014
20.06.2008-30.06.2009
14.05.2010
01.07.2009-31.12.2010
23.04.2012
2011
04.09.2012
2012
05.12.2013
2012
04.12.2013
2013
08.01.2015
2012
07.11.2013
2013
24.10.2014
2012
24.09.2013
2013
14.11.2014
2
2
6 Non Government
Organisation Trust Fund
7 President Fund for Creative
Writing in English
2013
29.10.2014
2005-06
29.03.2007
2006-07
21.04.2008
2007-08
08.10.2009
01.02.2012-31.12.2013
24.03.2015
2014
24.03.2015
2011
09.10.2012
2012
17.10.2013
2013
29.10.2014
01.07.2009-31.12.2010
10.02.2014
2
3
continued
305
No of
Period
Financial
Statements
11 Social Housing Development
4
26.05.2008-30.06.2009
Fund
01.07.2009-31.12.2010
Date
Certified
04.01.2011
30.04.2012
2011
23.10.2012
01.01.2012-17.05.2013
07.07.2014
18.05.2013-31.12.2013
22.09.2014
2013
25.08.2014
2013
26.02.2014
2006-07
30.11.2007
2007-08
10.03.2009
2008-09
24.02.2010
01.07.2009-31.12.2010
10.10.2011
2011
19.09.2012
2012
30.08.2013
2013
19.01.2015
TOTAL
35
306
APPENDIX IC
Back to Index
Back to Index
APPENDIX IIA
List of Statutory Bodies audited by the Director of Audit
1
Beach Authority
Board of Investment
10
11
Competition Commission
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Lottery Committee
29
30
31
307
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
Media Trust
56
57
58
59
60
61
308
APPENDIX IIA
63
64
65
66
67
National Library
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
309
APPENDIX IIA
94
95
Tourism Authority
96
97
98
99
100
101
University of Mauritius
102
103
104
310
APPENDIX IIA
2007-08
and
period
Back to Index
Back to Index
APPENDIX IIB
Statutory Bodies - Financial Statements not yet submitted
Statutory Bodies
No of
Financial
Statements
Period
Statutory
Date Limit
1 Construction Industry
Development Board
2013
30.04.2014
2014
30.04.2015
2014
30.04.2015
2014
30.04.2015
1
1
2014
30.04.2015
6 Information and
Communication Technologies
Authority
7 Islamic Cultural Centre Trust
Fund
8 Le Morne Heritage Trust Fund
2014
30.04.2015
2014
30.04.2015
2013
30.04.2014
2014
30.04.2015
2012
30.04.2013
2013
30.04.2014
2014
30.04.2015
2004-05
30.09.2005
2005-06
30.09.2006
2006-07
30.09.2007
2007-08
30.09.2008
2008-09
30.09.2009
10
14.02.2014-31.12.2014 30.04.2015
01.07.2009-31.12.2010 31.03.2011
11 Mauritius Broadcasting
Corporation
12 Mauritius Council of
Registered Librarians
13 Mauritius Museums Council
2011
30.04.2012
2012
30.04.2013
2013
30.04.2014
2014
30.04.2015
2014
30.04.2015
2014
30.04.2015
2013
30.04.2014
2014
30.04.2015
continued
311
No of
Financial
Statements
Period
Statutory
Date Limit
2014
30.04.2015
2014
30.04.2015
2014
30.04.2015
2006
31.03.2007
2007
31.03.2008
2008
31.03.2009
2009
31.03.2010
2010
31.03.2011
2011
30.04.2012
2012
30.04.2013
2013
30.04.2014
2014
30.04.2015
01.07.2009-31.12.2010 31.03.2011
2011
30.04.2012
2012
30.04.2013
2013
30.04.2014
2014
30.04.2015
1
1
2014
30.04.2015
2014
30.04.2015
2012
30.04.2013
2013
30.04.2014
2014
30.04.2015
2014
30.04.2015
2012
30.04.2013
2013
30.04.2014
2014
30.04.2015
27.11.2013-31.12.2014 30.04.2015
continued
312
APPENDIX IIB
No of
Financial
Statements
Period
Statutory
Date Limit
26 National Library
2013
2014
2014
30.04.2014
30.04.2015
30.04.2015
2014
30.04.2015
2014
30.04.2015
2013
30.04.2014
2014
30.04.2015
2014
30.04.2015
2014
30.04.2015
04.04.2005-30.06.2006 30.09.2006
2006-07
30.09.2007
2007-08
30.09.2008
2008-09
30.09.2009
01.07.2009-31.12.2010 31.03.2011
2011
30.04.2012
2012
30.04.2013
2013
30.04.2014
2014
30.04.2015
2014
30.04.2015
2007-08
30.09.2008
2008-09
30.09.2009
01.07.2009-31.12.2010 31.03.2011
2011
30.04.2012
2012
30.04.2013
2013
30.04.2014
2014
30.04.2015
2014
30.04.2015
continued
313
APPENDIX IIB
No of
Financial
Statements
Period
Statutory
Date Limit
2012
30.04.2013
2013
30.04.2014
2014
30.04.2015
2007-08
30.09.2008
2008-09
30.09.2009
01.07.2009-24.07.2010
31.03.2011
38 Tea Board
01.01.2013-26.11.2013
30.04.2015
2013
30.04.2014
2014
30.04.2015
40 University of Technology
Mauritius
2011
30.04.2012
2012
30.04.2013
2013
30.04.2014
2014
30.04.2015
2013
30.04.2014
2014
30.04.2015
Total
96
314
APPENDIX IIB
Back to Index
Back to Index
APPENDIX IIC
Statutory Bodies - Financial Statements Certified
but not yet Laid before National Assembly
Statutory Bodies
No of
Financial
Statements
1
Period
Date
Certified
2013
15.10.2014
2 Agricultural Marketing
Board
2012
31.10.2013
2013
28.04.2015
3 Beach Authority
2012
04.06.2014
2013
05.03.2015
2012
14.09.2014
2013
04.12.2014
6 Competition Commission of
Mauritius
7 Conservatoire de Musique
Franois Mitterand Trust
Fund
8 Employees Welfare Fund
2013
08.09.2014
2012
21.10.2013
2013
31.10.2014
01.01.2013-28.02.2014
24.02.2015
2011
28.12.2012
01.01.2012-18.03.2012
21.07.2014
2010
04.04.2014
2011
04.09.2014
2013
01.04.2015
2012
31.10.2013
13 Human Resource
Development Council
14 Industrial and Vocational
Training Board
15 Islamic Cultural Centre
Trust Fund
2013
28.10.2014
01.07.2009-15.11.2009
11.07.2014
2005-06
26.07.2011
2006-07
26.07.2011
2007-08
26.07.2011
2008-09
07.02.2014
01.07.2009-31.12.2009
07.02.2014
2010
07.02.2014
continued
315
No of
Financial
Statements
7
Period
Date
Certified
2004-05
30.03.2010
2005-06
30.03.2010
2006-07
30.03.2010
2007-08
10.10.2014
2008-09
10.10.2014
01.07.2009-31.12.2010
10.10.2014
2011
10.10.2014
17 Lottery Committee
2013
21.08.2014
2013
31.10.2014
2003-04
04.07.2013
2004-05
14.10.2014
2005-06
14.10.2014
2006-07
14.10.2014
2007-08
14.10.2014
2008-09
14.10.2014
01.07.2009-31.12.2010
14.10.2014
2011
14.10.2014
2002-03
30.03.2005
2003-04
22.01.2007
2007-08
20.10.2009
01.07.2009-31.12.2010
07.02.2013
21 Mauritius Broadcasting
Corporation
19.03.2012-31.12.2013
31.10.2014
01.01.2012-11.07.2012
31.10.2014
24 Mauritius Council of
Registered Librarians
25 Mauritius Examinations
Syndicate
2012
03.12.2014
2011
23.10.2012
2012
08.10.2013
2013
25.09.2014
continued
316
APPENDIX IIC
32 Mauritius Oceanography
Institute
33 Mauritius Qualifications
Authority
34 Mauritius Research Council
No of
Financial
Statements
2
Period
Date
Certified
2011
08.10.2013
2012
20.10.2014
2013
15.10.2014
16.11.2009-31.12.2010
11.07.2014
2011
24.07.2014
2012
29.01.2015
2011
20.11.2014
2012
04.02.2014
2013
09.10.2014
2008-09
06.09.2010
01.07.2009-31.12.2010
04.06.2012
2011
03.09.2014
2012
09.10.2014
2013
24.02.2015
2012
18.04.2014
2011
27.12.2012
2012
06.12.2013
2013
30.12.2014
2008-09
09.09.2013
01.07.2009-31.12.2009
09.09.2013
2010
09.09.2013
2013
02.12.2014
continued
317
APPENDIX IIC
40 Mauritius Tourism
Promotion Authority
41 National Agency for the
Treatment and
Rehabilitation of Substance
Abusers
No of
Financial
Statements
6
Period
Date
Certified
2006-07
03.12.2009
2007-08
13.12.2011
2008-09
13.12.2011
01.07.2009-31.12.2010
29.03.2013
2011
31.05.2013
01.01.2012-18.03.2012
21.07.2014
01.01.2012-18.03.2012
02.09.2014
2004-05
24.10.2012
2005-06
24.10.2012
2006-07
21.11.2012
2007-08
21.11.2012
2008-09
23.12.2013
01.07.2009-31.12.2010
23.12.2013
2004-05
13.05.2011
2005-06
07.10.2011
2006-07
21.05.2012
2007-08
21.05.2012
2008-09
21.05.2012
01.07.2009-31.12.2010
30.10.2013
2011
07.05.2014
2012
21.08.2014
2013
29.10.2014
2013
07.11.2014
2012
21.08.2013
2013
22.08.2014
continued
318
APPENDIX IIC
Statutory Bodies
No of
Financial
Statements
2
Period
Date
Certified
2012
17.10.2014
2013
02.12.2014
2006-07
28.01.2013
2007-08
30.07.2013
2008-09
13.02.2014
01.07.2009-31.12.2010
13.02.2014
2011
12.05.2014
2012
22.09.2014
2013
07.10.2014
2007-08
05.12.2014
2008-09
30.12.2014
01.07.2009-31.12.2010
30.12.2014
2011
20.01.2015
01.07.2009-31.12.2010
18.11.2011
2011
04.10.2012
2013
16.10.2014
2013
17.03.2015
2007-08
19.11.2012
2008-09
19.11.2012
01.07.2009-31.12.2010
28.01.2013
2011
17.02.2014
48 National Library
2013
16.02.2015
2013
16.01.2015
continued
319
APPENDIX IIC
No of
Financial
Statements
6
14
Period
Date
Certified
2006-07
19.04.2011
2007-08
19.04.2011
2008-09
01.08.2012
01.07.2009-31.12.2010
07.12.2012
2011
08.10.2013
2012
01.10.2014
2006
14.05.2013
2007
26.07.2013
2008
05.12.2013
2009
24.04.2014
2011
27.02.2015
1999-00
12.11.2001
2000-01
26.03.2002
2001-02
13.03.2003
2002-03
16.02.2004
2003-04
05.07.2006
2004-05
21.06.2007
2005-06
21.06.2007
2006-07
02.07.2008
2007-08
05.05.2009
2008-09
24.06.2011
01.07.2009-31.12.2010
23.10.2012
2011
09.09.2013
2012
09.09.2013
2013
21.07.2014
continued
320
APPENDIX IIC
No of
Financial
Statements
12
Period
Date
Certified
1996-97
21.07.2001
1997-98
12.05.2003
1998-99
12.05.2003
1999-00
12.05.2003
2000-01
08.07.2004
2001-02
08.07.2004
2002-03
08.07.2004
2003-04
07.04.2009
2004-05
08.10.2010
2005-06
24.04.2012
2006-07
24.07.2014
2007-08
24.07.2014
01.07.2009-31.12.2010
31.07.2013
2011
31.07.2013
2012
11.12.2013
2013
31.10.2014
01.07.2009-31.12.2010
13.04.2012
2013
19.01.2015
56 Rabindranath Tagore
Institute
57 Rajiv Gandhi Science
Centre Trust Fund
2013
31.10.2014
2006-07
23.06.2009
2007-08
11.03.2010
2008-09
11.03.2010
01.07.2009-31.12.2010
13.04.2012
2011
21.12.2012
2012
21.04.2014
continued
321
APPENDIX IIC
No of
Financial
Statements
5
Period
Date
Certified
2007-08
28.06.2012
2008-09
12.07.2013
01.07.2009-31.12.2010
12.07.2013
2011
19.11.2013
2012
19.11.2013
2012
02.09.2014
2013
02.09.2014
05.06.1999-30.06.2000
28.02.2014
2000-01
28.02.2014
2001-02
28.02.2014
2002-03
02.05.2014
2003-04
13.05.2014
2004-05
13.05.2014
2005-06
27.05.2014
2006-07
25.06.2014
2011
23.10.2012
2012
30.10.2013
2013
10.10.2014
29.01.2010-31.12.2010
27.10.2014
2012
29.10.2013
2013
16.09.2014
2
8
2006-07
20.10.2008
2012
24.10.2013
2013
27.10.2014
01.01.2012-18.03.2012
28.07.2014
2013
24.10.2014
continued
322
APPENDIX IIC
69 Tourism Employees
Welfare Fund
70 Trade Union Trust Fund
No of
Financial
Statements
3
Period
Date
Certified
2011
03.10.2014
2012
11.11.2014
2013
11.11.2014
2013
28.10.2014
2006-07
04.12.2014
2007-08
04.12.2014
2008-09
04.12.2014
01.07.2009-31.12.2010
17.03.2015
71 University of Mauritius
2013
30.10.2014
72 University of Technology
Mauritius
2001-02
13.11.2008
2002-03
13.11.2008
2003-04
13.11.2008
2004-05
16.01.2012
2005-06
25.06.2012
2006-07
25.06.2012
2007-08
25.06.2012
2008-09
25.06.2012
2012
03.04.2015
Total
216
323
APPENDIX IIC
Back to Index
324
APPENDIX IIC
Back to Index
APPENDIX III
List of Local Authorities audited by the Director of Audit
1
10
11
12
Note:
The following District Councils have been split in two District Councils as
from 1 January 2013.
325
326
APPENDIX III
Back to Index
APPENDIX IVA
List of Other Bodies audited by the Director of Audit
1 Association of District Councils-Moka
2 Centre for Development Corporation in Fisheries-NORAD
3 Discharged Persons Aid Committee
4 Financial Intelligence Unit
5 Independent Commission Against Corruption
6 Indian Ocean Rim Association for Regional Cooperation
7 Institute For Judicial and Legal Studies
8 National Archives Research and Publication Fund
9 National Committee on Corporate Governance
10 National Empowerment Foundation
11 National Savings Fund
12 Parole Board
13 Postal Authority
14 Statutory Bodies Family Protection Fund
15 University of Mauritius Trust
16 World Diabetes Foundation
327
328
APPENDIX IVA
Back to Index
APPENDIX IVB
Other Bodies - Financial Statements not yet Submitted
Other Bodies
1 Arab Bank for Economic
Development in Africa BADEA
2 Association of District
Councils-Moka
3 National Committee on
Corporate Governance
4 National Empowerment
Foundation
No of
Financial
Statements
1
Period
Statutory
Date Limit
2014
30.06.2015
2014
30.04.2015
2014
30.04.2015
2011
30.06.2012
2012
30.06.2013
2013
30.06.2014
2014
30.06.2015
2013
31.03.2014
2014
31.03.2015
2014
30.06.2015
01.07.2009-31.12.2010
2011
2012
2013
2014
2014
2014
2014
2014
2013
2014
Total
21
329
No
Statutory
Date Limit