In a communication dubbed: “Acquisition Process of the Yellow Machines”, dated Thursday, July 11, 2024, to the Speaker of the 55thegoslature, President Boakai noted that no formal agreement or contract has been signed with any party for the equipment, and the agreement for the acquisition of the machines is in multiple phases.
President Boakai’s communication landed up Capitol Hill hours ahead of the appearance of Minister of State for Presidential Affairs Sylvester Grigsby, Minister of State Without Portfolio Mamaka Bility, Defense Minister Geraldine George, and the Chief of Staff of the Armed Forces of Liberia, to address inquiries relating to the procurement, bill of landing and parking of the earth-moving equipment recently brought into the Country.
Boakai: “I refer to the acquisition of earth-moving equipment, commonly referred to here as “Yellow Machines. Some members of the Legislature have raised queries about the process and acquisition of the equipment. Let me first and foremost assure you and members of the Legislature that we are scrupulously pursuing the acquisition process for these machines guided by the principles of transparency and good faith. The initiative originated from a conversation between me and a long-time friend who shares a commitment to
the ARREST Agenda. This friend was moved by the spirit of solidarity and a strong desire to participate in the implementation, in the shortest possible time, of our development agenda. He offered to provide equipment in good faith and on a gentleman’s agreement.”
He believes that the disbelief of many members of the Legislature and some in the public may be understandable, considering, nothing on this massive scale has been done before based on trust and confidence in the leadership of the country and certainly not in the last six years.
He emphatically noted: “Please note the following: 1. Negotiation Phase: We are currently in the negotiation phase. No formal agreement or contract has been signed with any party. The discussions are ongoing, and no financial commitment has been made by the Government of Liberia, and not a dime paid. 2. No Public Funds Utilized: To date, no funds from the Liberian treasury have been expended on this project. The first batch of equipment that arrived in the country was shipped at the supplier’s expense. The GOL has not 3. incurred any costs related to the transportation or acquisition of these machines..”
The President’s communication continues: “4 Contingency for Unsuccessful Negotiations: Should the negotiations fail to yield a mutually beneficial agreement; the supplier retains the right to reclaim the equipment. He may choose to sell them within the Liberian market or re-export them. This ensures that the GOL is not financially burdened or contractually bound. 5. Legislative Involvement: We recognize and respect the role of the National Legislature in ratification process. Once the negotiations are concluded and a formal agreement is being reached, we will promptly submit the necessary documents to the Legislature for consideration/ratification. At that point, we welcome any request for clarifications or discussions to ensure the process remains transparent and accountable.”
Furthermore, it states, “6. Maintenance Zones will be established in each county. Each county will receive requisite number of machines for road construction and maintenance. This setup will guarantee the accelerated opening up of the entire country for speedy development. In summary, there is no contract or agreement at this moment that requires legislative ratification. We are committed to maintaining open lines of communication with the Legislature throughout this process. Once we have a formal agreement and CIF value, we will engage the National Legislature consistent with our laws.”
Meanwhile, the House of Representatives-HOR has requested its leadership committee to take seizure of clarity provided by Liberian President, Amb. Joseph N. Boakai, regarding the acquisition of earth-moving equipment, or Yellow Machines, recently brought into the Country. Plenary reached the decision based upon debate among lawmakers following the submission of a communication from President Boakai to the body.
The call for clarification In a letter addressed to the Speaker of the House of Representatives, Lofa County District #4, Representative Gizzie K. Kollince accentuated potential constitutional violations and called for an investigation into the matter.
The yellow machines’ trip through Monrovia, on Saturday with a batch of the 285 pieces of heavy-duty trucks and earth-moving equipment was met with cheers and praise for President Boakai, with citizens expressing their gratitude for his commitment to connecting Liberia’s counties through improved infrastructure. It has been established that the equipment and quantity brought into the country so far Include: Sany Tipper Truck (SYZ320C0-8Y),12 pieces. Sany Water Tanker (SYM525IGS), 10 pieces. Sany Front Loaders (SW955K), 6 pieces. Sany Motor Grader (SMG200C-8), 6 pieces, and 4 pieces of Sany Excavator (SY335C).
But citing constitutional provisions, Representative Kollincepointed out that all revenue and financial bills must originate in the House of Representatives and that no loan can be secured without legislative enactment. Therefore, he requested the House to summon the Minister of State, Minister of State without Portfolio (Mamaka Bility), Minister of Defense, and Chief of Staff of the Armed Forces of Liberia to testify and provide evidence regarding the equipment, including the Bill of Landing, ownership documents, authority for custody, storage agreement, and any relevant legal documents.
Kollince: “As you are aware, Article 34(d)(i) mandates that all revenue and financial bills originate in the House, and Article 34(d)(iii) mandates that no loan shall be secured except by legislative enactment. I, therefore, request the Honorable House of Representatives to invite on Thursday, July 11, the Minister of State, the Minister of State without Portfolio (Hon. MamakaBility), the Minister of Defense and Chief of Staff of the Armed Forces of Liberia to appear before this Honorable body, testify and adduce the following into evidence: 1) The Bill of Landing of the subject pieces of equipment; 2) The ownership and title documents for the subject pieces of equipment; 3) The authority to take custody and store the subject equipment; 4) The storage agreement for the subject equipment; and 5) Any relevant document that informs the House on the legal status of the subject equipment and their relationship to the government of Liberia.”
While acknowledging the importance of development projects like road construction, Representative Kollince stressed the need to uphold the rule of law and ensure that each branch of government operates within its constitutional boundaries. He emphasized the importance of preserving the constitutional order and preventing any branch from overstepping its authority.
The bluster:
The controversy began when the Minister of State WithoutPortfolio Mamaka Bility announced the procurement of 285 pieces of earthmoving equipment for road development during a cabinet retreat. Subsequently, on July 6th, she was seen with several equipment released from the National Port Authority (NPA) and taken to the Edward Binyah Kessellybarracks for storage.
Minister Bility, along with Minister of State for Presidential Affairs Sylvester M. Grigsby and Public Works Minister Roland Lafayette Giddings, attended the virtual turnover of the machines weeks ago.
The event featured Mr. Xu Ming, Senior Vice President of SanyGroup, a Chinese multinational heavy equipment manufacturing company, and Robert Gumede, Chairman of the Guma Group based in South Africa. Xu Ming expressed his honor in sharing the handover moment with the Liberian Government, while Robert Gumede highlighted the partnership connecting Liberia with China and South Africa.
Minister Bility emphasized that the arrival of the machines marks a significant step toward improving the lives of Liberians. She stated, “If you know the history of Liberia and the conditions of our roads, this is more than just turning machines over. This is changing the lives of our people completely. We are totally grateful.” She further mentioned, “For the first time since 1980, the government of Liberia will own its road maintenance equipment, under the Special Presidential Project. In the coming weeks, the Executive Mansion will ask the Ministry of Public Works and the Ministry of National Defense to build these maintenance zones, adding that the engineering department of the National Defense will help with road maintenance along with the Ministry of Public Works.”
Howbeit, the arrival of the first batch of the equipment was embraced by Liberians. They believe it is expected to not only enhance road construction but also create job opportunities, stimulate local economies, and ultimately improve the quality of life for Liberians.
Like several other Liberians, the woman, Mamaka Bility who has been at the center stage of the yellow machine controversy, pointed out the essentiality of the equipment to the nation and President Boakai’s ARREST Agenda, while being displayed over the weekend.
Bility: “I’m honestly happy for Liberia. This is a dream come through for any well-meaning Liberia because as I said in the presentation (In the video), (if) you know the conditions of our roads and you know the situation of Liberia. You will be happy that we have these equipment here because half of our country is in the bush. Most of our people don’t have access to roads. Why do you think agriculture is not improving? [It’s] because they don’t have access to roads and they don’t have access to the markets. So this is the hour of the ARREST agenda roads so we are going to open the country.”
Furthermore, she noted, “In the package what we are looking at is to have a maintenance contract for a year to two years with the manufacturers and also these equipment will be going into a maintenance zone. We are going to be constructing the maintenance zones and the manufacturers are going to be training over 100 Liberians so imagine the employment opportunities that it’s going to create. So we have the maintenance contracts we are going to set in place before we let these equipment to go into the maintenance zones and training is going to take place as well.”
