Blog: Pravind Jugnauth attacks and challenges ICAC

Pravind Jugnauth even tried to intimidate ICAC by challenging them to summon him. He said « Si l’ICAC énan fiel, dire zotte vini ». I am wondering how Scotland Yard would have reacted to such a challenge from a Minister or MP who is under investigation for corruption in a transaction so closely linked to him.

If the Mauritian Government had decided to create a corruption watchdog, it must have been satisfied that there have been many cases of corruption linked with abuse of power in government and semi-government bodies. It was created not in a vacuum but to control and put an end to economic corruption which, at one time, was rampant in Mauritius.  Otherwise, there would have been no need for it.  Since democracy is so dependent on capitalism and ‘donations’ from capitalists, it has the inherent ability to breed corruption of various sorts and economic corruption is one of them.  President Sir Anerood Jugnauth previously admitted that the Sun Trust multi-storey building, once said by SAJ’s opponents to belong to the people, was built from « donations » from MSM supporters.  Although his opponents then promised a Commission of Inquiry into where the money really came from, no such inquiry ever took place as politicians change tactics and strategies for power, forge alliances which, in themselves, are forms of corruption to maintain or gain power.  The Labour Party, once the political enemy of the MSM, is now in government alliance with the MSM led by Pravind Jugnauth who replaced his Father Sir Anerood Jugnauth, now President for a second period when the people were promised he would be removed at the first opportunity.

Economic corruption and abuse of power
Economic corruption is normally practiced by politicians and Civil Servants who yield a great amount of political power which they often abuse.  Examples abound, such as, the taking of bribes, favouring certain projects over others due to conflict of interests, giving out confidential information on certain projects, bending the rules and procedures, fast-tracking, and so on, all for pecuniary gains.  The Mauritian Government originally set up the Economic Crime Office (ECO) in December 2001 to deal with such issues.  The reason why their investigations did not give a great deal of result is because proving economic crime is very difficult indeed as fellow Civil Servants are reluctant to denounce the culprits for fear of victimisation.  But ECO was fearless in its approach.  It even summoned Minister/s in the then MSM/MMM government alliance.  One of the Ministers was Jayen Cutaree, No.2 in the MMM Party led by Paul Bérenger.  Because the Alliance commanded the requisite majority to change the Constitution, they did not hesitate to use this majority and disbanded ECO.  Hence, no big fish was caught bearing in mind that the watchdog was not intended only to catch the small fish, as long as there is a prima facie case against any of them.

ECO was replaced by the Independent Commission Against Corruption (ICAC).  But, critics tend to brand ICAC as ineffective, for not doing enough, for losing its high-profile cases at trials, for being under government’s control, amongst other things.  But even though ICAC has been set up by government, it enjoys total independence in the discharge of its duties.  The same goes for the Police and for Magistrates and Judges.

MedPoint controversial deal
ICAC has been investigating economic corruption and conflict of interests in the case of the purchase of an unused MedPoint clinic owned by what is said to be the Jugnauth’s Clinic, the major shareholder being one Dr Krishan Malhotra, brother in law to the then Minister of Finance Pravind Jugnauth and son in law to President Sir Anerood Jugnauth.  Another relative of the Jugnauth’s, Mrs Maya Hanoomanjee, was the (MSM) Health Minister in the government Social Alliance (LP/MSM/PMSD).  Both Ministries were heavily involved in the selection and purchase of land and building for the purpose of a National Geriatric Hospital per Cabinet decision.  MedPoint was shortlisted (even though the specified area was less than the requisite) and originally valued at Rs75m by the No.2 at the Valuation Office, but the Government Chief Valuer was instructed to conduct a second valuation a few weeks later when items such as valuation for a new building, valuation of the unused medical equipment, were included, hence deviating from the original tender.  The new valuation came to Rs145m, but the Mauritian government does not buy old unused equipment to look after its old people nor does it purchase a building which does not exist.  Moreover, Maya Hanoomanjee allegedly did her very best to fast track this unbudgeted purchase and an emissary from the Ministry of Finance in the name of Sunil Dewarkasing, said to be a ‘Special Adviser’ to Pravind Jugnauth, attended a meeting presided by Maya Hanoomanjee when he is said to have suggested that the purchase should be effected from the Lotto Fund.  The contract was signed on 29th December 2010 on the basis of Rs145m, while the original valuation of Rs75m was made in August 2010.  Fast track it was indeed given that the gestation period for such a large and important government project would normally take over twelve months.

MSM’s attack on ICAC
ICAC has been investigating this deal since January 2011.  In its early stages, it charged the Chief Government Valuer Yodhun Bissessur under the Prevention of Corruption Act (PoCA).  He is reported to have said that it was Maya Hanoomanjee who had given him instructions to carry out the second evaluation even though the Valuation Office comes under the Ministry of Finance, but later allegedly said he could not remember.  Could he be covering up for a big fish and/or fearing victimisation?  Could he have even been bought?  This is up to an eventual judge/jury to decide.

As the investigation progressed, in July 2011, ICAC summoned Maya Hanoomanjee and other Civil Servants in her Ministry « under warning ».  Mrs Hanoomanjee decided not to attend on the 20th July 2011 as summoned and went on to give an arrogant interview to Radio Plus effectively challenging ICAC as a « cadre légal ».  Having fallen foul of the summons, ICAC obtained from the Police Commissioner a warrant for her arrest the same afternoon when she was also admitted to hospital complaining of a malaise.  Two days later, she was arrested and charged under PoCA.  All the MSM Ministers were furious at the alleged « manière de faire » of ICAC and mounted an infectious campaign against the institution.  The MSM leader, Pravind Jugnauth, cut short his overseas visit and summoned his troops the very next day he arrived when he announced the resignations of all 6 MSM Ministers but remained as backbenchers in the government alliance.  They all led a ferocious attack against ICAC in the knowledge that Pravind Jugnauth might be the next one to be summoned « under warning ».  They even threatened to break up the alliance if the PM appoints new Ministers in their places.  Through such attack and blackmail, they are clearly trying to bring political pressure to bear on the Prime Minister, on the government, on ICAC, on the DPP and on the judicial process to exonerate any suspicious involvement they might have had in this deal, or even to disband ICAC like the MSM/MMM did in the case of ECO.  To their disappointment, upon his return, PM Ramgoolam reiterated his confidence in the independence of ICAC and the respect in institutions which are doing the work they were set up to do.

Conclusion
Mrs Indira Manrakhan, an experienced investigator and former Director of the now defunct ECO, is also one of the investigators at ICAC.  She made it very clear that « L’ICAC ne subira pas le même sort que l’ECO ».  She had no hesitation in stating further that, in the modern world and in the context of globalisation where international organisations have their eyes on Mauritius, it would be almost impossible to dismantle a corruption watchdog like ICAC which has been given even more powers than its predecessor.  Mrs Manrakhan has reaffirmed that the independence of ICAC is paramount, effectively putting Pravind Jugnauth and the other resigning MSM Ministers in their right places.  Pravind even tried to intimidate ICAC by challenging them to summon him.  He said « Si l’ICAC énan fiel, dire zotte vini ».  I am wondering how Scotland Yard would have reacted to such a challenge from a Minister or MP who is under investigation for corruption in a transaction so closely linked to him.