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Accueil > Nouvelles > Régulation

Liberia : Telecom Bidders in Court for ’Illegal’ Contract

Chinese telecommunications manufacturer, ZTE is facing criminal charges in Liberia along with another company, AFRIPA/ALINK and the country’s new Deputy Minister for finance, Francis Karpeh for "tampering with public records".

ZTE and co-conspirators are indicted by Criminal Court A on several counts that include, "criminal and wicked" intent to deprive a fellow bidder’s just contract, "unfair competition and business practice by conniving and conspiring with Mr. Francis Karpeh, former Chairman of the Board of Directors, Mr. Amara Kromah, former Managing Director and Mr. Zizi Howard former Deputy Managing Director for administration respectively of Liberia Telecommunication Corporation to cheat and kick out the legitimate winner of the bid, the Universal Telephone Exchange."
ZTE especially, is charged for allegedly offering bribes to LTC through offers of free telecommunications equipment to the Corporation, an act that undermined UTE legitimacy for a contract with LTC.

The complainant is also holding ZTE, represented by Lui Rui Peng and AFRIPA/ALINK represented by one Mr. Patrick Agboton for signing "illegal" contract with alleged co-conspirators, Karpeh and Kromah in the name of LTC without knowledge of other members of the Corporation’s Board.

Officers from the First Judicial Circuit Court A could have arrested Peng, Agboton and Karpeh and others Wednesday, but failed after defendants filed in appearance bond.

The crime, tampering with public records, with which the defendants are charged, is a first degree misdemeanor under the New Penal Law of Liberia.

One commits such "if he knowingly makes a false entry in or false alteration of Government records or knowingly and without lawful authority destroys, conceals, removes or otherwise impairs the verity or availability of a Government record."
The court complainant charged the defendants with the crime, saying they have committed "unfair competition and business practice ; and further violation of the Act that created the LTC and the Binding Resolution of the former NTLA." Before its dissolution, the National Transitional Legislative Assembly passed a Binding Resolution now in hand bills granting UTE the right to enter into management contract with the LTC.

Although ZTE is a Chinese public corporation, its actions at the LTC are found to be a violation of the laws of China. In the Republic’s laws against unfair business competition which came into force 1 December 1993, state under article 8 : "A business operator shall not resort to bribery, by offering money or goods or by any other means, in selling or purchasing commodities. A business operator who offers off-the-book rebate in secret to the other party, a unit or an individual, shall be deemed and punished as offering bribes ; and any unit or individual that accepts off-the-book rebate in secret shall be deemed and punished as taking bribes."
UTE said ZTE’s action to collude with the management of the LTC in "an attempt to deny UTE its legitimacy is an act also outlawed under Chinese law." Article 15 "(b)" of

China’s law of unfair business competition reads : "Bidders and tender-inviters shall not collude with each other so as to push out their competitors from fair competition." Interestingly,

China is a society where the strictest adherence to the law is observed, and many are wondering why a Chinese public corporation would stand in wanton violation of its country’s law in Liberia.    

Author : Liberian Observer, Monrovia

Date : 02/17/2006

Source : http://allafrica.com/stories/200602...

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