By the Editor*
"On perusal, the process was not carried out in accordance with procedures prescribed by the Public Procurement and Disposal of Asset Act, 2018 by conducting competitive tendering so that value for money could be obtained and cost reduced." Moulana Filberto Mayuot Mareng, March 25, 2022 (letter)
The construction at South Sudan's State House, commonly known as Juba One (J1), has resumed. "The J1 project," according to the office of the president, was "ordered back into motion by President Kiir after a high-level meeting with the Oversight Committee."
This project is causing some concerns among some people in South Sudan because of lack of transparency. While the government departments and officials involved in the project between 2021 and 2026 are aware of the details, the South Sudanese public only knows there is a construction project at J1.
Given the importance of J1 to the South Sudanese sovereignty and nationhood, there are many questions the office of the president should answer for the sake of transparency and accountability.
The documents
Using documentary sources from a source whose identity will not be revealed here for security reasons, this article explains why the construction is causing some concerns. The documents were forwarded to me by a concerned South Sudanese living in Juba. Concerned about the possibility that "The J1 project" is a front for the siphoning of public funds, the individual believes the public needs to know some details about the project and the people involved in it.
I have reached out to the office of the president, the ministry of information and the some officials involved but I have not heard back from them. I will update this article should any details change.
Issues of concern
There are a number of issues that should concern the public. It is of course up to the office of the president to address them transparently. Unfortunately, transparency and accountability are institutional requirements South Sudanese officials ignore or disdain. They are apparently beneath them.
The first issue of concern is the nature of the contract between the office of the president and "Rams Civil Works and Engineering Consultant Ltd" (Here after RAMS), drafted on April 8th, 2022.
Note that the company sometimes writes the name as "RAMS for Civil Work and Engineering Consultant Ltd." The reader should also not that this South Sudanese [RAMS] company should not be confused with RAM Civil Engineering, a Canadian company. I want to make that clear.
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| Photo: I Support Deng Wal Achien Yor Facebook Account |
Moulana Mareng duly noted in the letter that "On perusal, the process was not carried out in accordance with procedures prescribed by the Public Procurement and Disposal of Asset Act, 2018 by conducting competitive tendering so that value for money could be obtained and cost reduced." He added that "There is no justification given for resorting to single source method under section 55 of the Act."
This makes the award of the contract an internal, seemingly personal initiative between the executive director in the office of the president, James Deng Wal, and the companies he targeted for a multi-million dollar contract without an oversight.
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| Doc 2 |
I asked the office of the president and the minister of information for comments. I wanted them to make sense of the discrepancy or make corrections if possible. I am yet to hear from them.
The beginnings
The process leading to the award of the contract to RAMS also raises questions about the authenticity and credibility of RAMS. This goes back to the initial phases of the project plan.
The plan to construct new office premises and three presidential villas began in 2021. The executive director in the office of the president sent three letters to Emira Construction Company based in the United Arab Emirates. Emira's response to the three letters from James Deng Wal was positive.
Emira therefore "came to Juba and did land mapping on the construction site" according the notes of the meeting of the State House Construction Committee chaired by Mr. James Deng Wal Achien. Following their survey of the construction site, however, Emira did not respond to the committee's subsequent communication.
However, I have not found any company with the name "Emira" in Google search. I have contacted two companies based in UAE with similar names: Al Mira and Mira. I am yet to hear from them to confirm if any of them was the company in question.
After being ghosted by Emira, Mr. Achien then decided to contact another company directly. There were still no tenders called, public or private. In a letter dated January 5, 2021 (see Doc 2 above), Mr. James Deng Wal Achien wrote to "RAM Civil Engineering & Consulting."
He argued that the office of the president plans to "construct new office premises and three (03) presidential villas at the State House at J1." He therefore asked the company to send him "a proposal for a detailed architectural design."
Just two days latter, on January 7, 2021, RAMS responded through its managing director, Badreldin Ahmed Ibrahim Al Mgboul. See the letter below.
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| Doc 3. |
The name of the Company
What is interesting, and which raises questions about professionalism and attention to details in this important national project, is the name of the company. While Mr. James Deng Wal wrote the company's name as "RAM Civil Engineering & Consulting", the letter from the managing director noted the company's name as "Rams for Civil & Engineering Consultant."
It is surprising that the chief executive director did not know or did not pay attention to the name of the company he was contacting for such an important presidential project. In a project worth over 150 millions, it is concerning that Mr. James Deng Wal did not do his due diligence about the company to which he was prepared to give millions and entrust with a presidential project.
The company, RAMS, itself was also not attentive to details. For instance, in a document outlining the "Estimated Bill of Quantities, Materials and Workmanship", the name of the company was written as "RAMS for Civil Work and Engineering Consultant" instead of "RAMS for Civil & Engineering Consultant."
On their Facebook page, because the link provided on their Facebook account is broken, the name of the company on their logo and the name written on the page are different as documents 4 and 5 below show.
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| Doc. 4 |
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| Doc. 5 |
The series of letters between the office of the president and various departments involved in financing, procurement, land surveying, registration and incorporation, all wrote the name of company differently. There was no attention to detail. It seems they wrote what they believed was the name of the company rather than using the name provided on the company documents.
What one discerns from the actions of the officials is that the important project was rushed. It also seems like the government officials contacted by the executive director were only doing what they were conditioned to do. This is shown by the letters of "No Objection" sent by Deng Wal to the ministry of finance, justice and land.
For instance, the certificate of incorporation, a legal document, has the name of the company as "Rams Civil Works & Engineering Consultant Ltd." The Counsel General, Filberto Mayuot Mareng, then the head of legal administration in the ministry of finance and planning, wrote down the name of the company as "RAM Civil Engineering and Consulting Ltd." The chief administrator in the ministry of presential affairs, Paul Polo Ongee, in a letter dated March 21, 2022, to Simon Kiman Lado, then the first undersecretary in the ministry of finance and planning, wrote the name of company as "RAMS Civil Work Engineering & Consulting Company." In this response to Ongee about the deferral of 2% authentication fee, Lado wrote the name of the company as "RAMS Civil Works and Construction Co. Ltd."
The revenue authority license, the tax clearance certificate and the operational license from Central Equatoria all have variations of the company's names.
To believe that a project worth millions of national resources was treated with such lack of seriousness is concerning.
The company origins and questionable background
What is even more concerning is the background of the company. While I do not have a definite answer as to its background, the documents do not provide a coherent answer about its registration and incorporation date. What I find are more questions than answers.
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| Doc 6: Reg. No. 39,159. October 11, 2021. |
However, the laws of South Sudan being referred to in the contract is the Company Act of 2012. Unless the company was registered in Sudan in 2008, referring to the laws of South Sudan in 2008 when the Act in question is a South Sudanese legislation post-independence raises serious legal and ethical questions.
On page 2 of the contract, however, there is a mention of what seems like the real registration information for the company. The documents required for the contract to materialize are listed.
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| Doc. 7 |
Number 5 is the "Contract's certificate registration No 39, 159 dated 11th October 2021." Since the initial letter inviting RAMS to provide a proposal for the design was sent on January 5, 2021, it seems RAMS was incorporated in South Sudan ten months after the executive director contacted the company. It appears the company was formed post hoc and ad hoc. Unless RAMS and the office of the president provide evidence to the contrary, it seems the company was formed for this project.
In fact, most of the legal documents required by RAMS to operate in Central Equatoria and in South Sudan were obtained in 2022. Either the company was registered and not operational, or there was no such a company before the executive director sent the invitation letter to RAMS on January 5, 2021.
While the contract says the company affidavit of relations of October 17, 2008 was used by board of directors to authorize the company's managing director to sign the contract, this is not what the actual documents say.
The authorization letter giving the managing director the legal authority to sign the contract between RAMS and the office of the president was based on the "Memorandum & Articles of Association". This is according to a letter dated April 7, 2022. While the letter says the authorization is from the board of directors, having satisfied the required "quorum" of two members, the four board members are also the owners of the company. They owned 100% of the shares of the company valued at USD 500, 000 at the time its incorporation.
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| Doc. 8 |
Letter of Authorization by RAMS, signed by Asim Seed Ahmed AbdelRaham Mohammed, allowing its managing director, Badreldin Ahmed Ibrahim Al MG Boul, to sign the contract between RAMS and the Office of the President.
Memorandum and the articles of association forming the company were signed by the owners on October 11, 2021. The signing was witnessed by Peter Gatkouth Kor, an "Advocate and Legal Consultant."
Page 24 of the Memorandum and Articles of Association says: "WE, the four persons whose names and addresses are subscribed, are desirous of being formed into a company as per Articles of Association in accordance with relevant provisions of the Company Act 2012, Laws of South Sudan." Note that this desire to form a company was signed on October 11 as mentioned above.
The "subscribers" and their shares at the time of the formation of the company are as follows:
1. Badreldin Ahmed Ibrahim Al MG Boul (Sudanese): 48%.
2. George Nicholas Ghines (Greek South Sudanese): 32%
3. Asim Seed Ahmed AbdelRaham Mohammed (Sudanese): 10%
4. Mohammed Balla Mohammed Elkhidir (Sudanese): 10%
The above four gentlemen at the time of the formation of the company and the award of the contract, were the owners and members of the board of directors. As the share above show, they owned 100% of the shares. They were not accountable to anyone else. The company's online presence is sketchy and the website is not working so it's difficult to find out what has changed.
As to when the company (RAMS) was incorporated, given the discrepancy noted here, the company and the office of the president must provide some clarifications.
However, the documents make it clear that the company and all the legal documents it required to operate in South Sudan and in Central Equatoria especially, and to take on this massive, multi-million dollar project, were obtained between January 2021 and April 2022, when the contract was signed. Meaning the company seemed to have been incorporated after it was already, in principle, awarded the contract.
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| Doc. 9 Memorandum and Articles of Associations |
My second message to confirm if this is their first company project and what the cost of the construct is is still to be responded to. I wanted to confirm if the cost is still the original USD 151 million as in the initial contract, or it is now USD 300 million, twice the initial amount.
The office of the president also needs to explain why a single-source selection method was chosen over competitive public tenders. As the legal counsel in the ministry of finance and planning said at the time, a better use of public funds is ensured when the best qualified company is selected after public tenders are called. As the counsel also noted, using tenders is also in accordance with the laws of South Sudan.
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*Dr. Kuir ë Garang is the editor of The Philosophical Refugee.
Editor's note: Should any details change, or should I hear from the authorities concerned, then the article will be updated accordingly. Alternatively, I may write a follow-up article.














