Rwanda: Private Security Company takes government to court Reviewed by Momizat on . By Robert Mugabe newsdesk@greatlakesvoice.com ·         Min Busingye to appear in high court Kigali, Rwanda-High Court, has summoned Minister of Justice and Att By Robert Mugabe newsdesk@greatlakesvoice.com ·         Min Busingye to appear in high court Kigali, Rwanda-High Court, has summoned Minister of Justice and Att Rating: 0
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Rwanda: Private Security Company takes government to court

By Robert Mugabe

newsdesk@greatlakesvoice.comBusingye

·         Min Busingye to appear in high court

Kigali, Rwanda-High Court, has summoned Minister of Justice and Attorney General to represent the government in the case involving Internal Security Ministry and ‘dissolved’ private security company (Fodey security & Alarm systems) which have been operating in Rwanda for the last 13years.

Thursday 30, January 2014 at 08:00am local time, High Court will be hearing the case against the government of Rwanda, according to the sermon RADA 0097/13/HC/KIG that www.greatlakesvoice.com has been also signed by Selman Sindayigaya the court clerk ordering the accused (Attorney General and Minister of Justice) to show up on time with all defending evidences in the civil case.

In a spectacular twist, on 08th November 2013, Minister of Internal Security, Musa Fazil Harerimana took a decision to dissolve Fodey Security &Alarm Systems, accusing them of failing to comply with Ministerial order determining the functions and responsibilities of private security companies in Rwanda and a number of malpractices. 

According to the Minister Fazil, these malpractices are “acts of theft committed by employees, absenteeism of guards from duty, civil cases instituted by disgruntled employees against Fodey for lack of remuneration, accumulation of VAT arrears and more ghastly, forgery of financial statements designed with intent to evade tax obligations and other unspecified unprofessional behavior.

 

In a protest letter addressed to the Prime Minister, which this investigative website has seen, states that “the manner in which the Minister imposed the suspension of our company departs significantly from the procedure stipulated in the Ministerial instructions No 01/07 of 19 June 2007 that forms the basis of his decision. The deviation from standard procedure is so glaring as to affront the very notion of good governance….

 

Furthermore, Article 28 of the Ministerial instructions mandates that a company found to be in contravention of the provisions of the Ministerial instructions can only be suspended following a series of written recommendations from the office of the Inspector General of Police to the defaulting company on how to address their shortcomings a propos the Ministerial instructions.

More importantly, no company can be suspended without prior written warnings. It is a safe proposition that Article 28 envisages suspension as a measure of last resort to be invoked when other measures have failed.” The letter reads in apart.

 

On the issue of malpractices, Fodey security& Alarm system, Managing Director, Mr. Soyan Omar says “Even if we admit in arguendo that we committed the malpractices adverted to the Minister’s notice, we maintain that these malpractices are not cognizable as grounds warranting the suspension of a security company from carrying out its business. In reclining his decision on factors that fall outside the scope of the conditions specified in Article 3 of the Ministerial instructions, the Minister acted ultra vires and betrays a serious misconstrual of his own Ministerial instructions.”

 

After the minister’s letter ordering Fodey Security to cease her operation within Rwandan territory, suspiciously Police officers were heavily deployed against Fodey by forcefully undressing guards, taking radios, searching all the premises and confiscating properties. They also ordered Fodey guards to put on uniforms provided by Police officers belonging to other private security companies.

 

“The majority of these malpractices relate to the private contractual relationship with our clients that do not fall within the ambit of the Ministerial Instructions. Why would the Minister deem it proper to encroach on what is essentially private arrangements between the company and our clients and which do not fall within the purview of the Ministerial instructions….

This is something that we cannot fathom. To suspend our company on the basis of these malpractices therefore amounts to a brazen attempt to micromanage the affairs of the company and especially its relationship with its clients. It goes without saying that these issues do not fall within his competence,” Soyan Omar said.

This month, Fodey security, filed injunction to high court over the controversial dissolve and confiscation of assets which the management insists it was breach of law.   

As Police side say they were only implementing the Ministers’ order also working on behalf of Rwanda Revenue Authority, the tax institution has denied requesting for the seizure note and search warrant as a result of tax arrears.  

According to the family of the Managing Director of Fodey security, Police confiscated the vehicles and other Fodey properties illegally without seizure note. This was not presented despite the Deputy Managing Director insisting it was the company’s legal right to receive and sign a copy before the process begins.

Editors’ Note: We’re still investigating the circumstances under which this seizure was conducted and the claims of market competition also conflict of interest claims involving Police.  

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Comments (17)

  • ABDALLAH KIRUNGU

    No one who’s above the law, here justice must be done.

    Reply
  • AGIE O

    it is with much pity that the ‘good country’ name comes into question due to uncalled for actions who value individual goods than the country, we the people wish to passionately say that the way individuals top organs whom for fear of reparcations many fail to Name their names in crucial matters, several questions are left unanswered, 1. On whose order is the minister working upon if the simple constitution clause can not be followed?, 2 WAS THE POLICE ACTING ON ORDERS FROM THE IG TO FORCEFULLY CONFISTICATE ITEMS AND PROPERTIES OF FODEY SEC COMPANY? 3. DID THE MINISTER OF WORKFORCE DEVELOPMENT CHECKED INTO THE CONCERN OF RENDERING OVER 2000 OF ITS CITIZEN JOBLESS, TO A COUNTRY FACED BY POVERTY. 4. HAS TOPSEC THE SOLE BENEFICIARY OF THIS INHUMANE, UNETHICAL ACT OF THE COUNTRY TOP SECURITY ORGANS HAVE A HAND ON THE FODEY MISFORTUNES.? 5, WAS THE ILO PROCEDURES FOLLOWED IN THIS ACT,? 6, WHAT ARE THE LAID UP PROCEDURE FOR DISSOLUTION OF A COMPANY? 7. WERE THE POLICEMEN GIVEN THE UNIFORM OF RIVAL COMPANIES TO FORCEFULLY WEAR TO THE FODEY STAFF, AND WHAT WAS THE SOURCE OF UNIFORM OF SUCH MAGNITUDE IF THIS WAS NOT PRE – PLANNED? LET JUSTICE BE OUR SHIELD AND DEFENDER – THE SLOGAN

    Reply
  • MC JANVIER

    The issue is more or less the same as the animal farm where despite all animals being equal, some are more equal than the others – the manner in which the matter was carried is a great violation of the laws of the Land and the related international conventions. For Rwanda to attract more investors, the Rwandan government needs to boost its relation with the current investors, FODEY CASE IS MERELY ONE OF THE MANY CASES OF SUFFERING INVESTORS FACE IN THIS COUNTRY – THE WORLD IS KEENLY FOLLOWING THE PROCEDURES IN THIS CASE – LET JUSTICE BE SERVED WITHOUT FEAR OR FAVOUR

    Reply
  • samatalis soyan

    INNOCENT UNTIL PROVEN GUILTY!!! fodey has only helped the needed…i recall a time where all hope was lost,,,,and

    we dont discriminate those who held on to their hope until it was diminished!!! life is full of love,and life is full of hate,see

    we might have to change your bible because people couldn’t revelate…..you see how i went back to revalation,because

    am full of frustration,,,,desperation,,,,,,because were trying to get our pockets green like vegetation!!!!…….its also funny

    how society makes a grown man savage for stacks rapped in rubber bands,i guess nowdays the more succesfull we

    are,the more haters!!! ITS ALL GOOD THOUGH KEEP HATING!!!

    Reply
  • GM

    Rwanda the great investment destination! CRAP!!!!!!

    The poor minister cannot even interpret his own Ministerial Act to perform his duties!!!!!!!! Are we having incompetent people? illiterate or plain arrogant? Its obvious…… someone has an illegal motive.

    Reply
  • Jayjay

    First it was the G4S from Kenya………. then the KK Security from Kenya………… Now Fordey…….. What investment climate is this!!!! Maybe it’s time to look at TZ and Goma Region, enough of this ironic stories of Rwanda Government encouraging investors. The word is total MISTREATMENT of stable investors. Those who front for Intersec must be smiling all the way to the bank…………………….when thuggery is on the increase.. shame on you!!

    Reply
  • preacher

    None mu “rwanda”the land of a thousand fools .ni gute umu minister ufite degree akora ibintu kungufu??
    Rwanda is now brooke and it’s official’s are misusing their power attract foreigners not chase them away .Anyway Fazil should be sacked and arrested for making fodey security loose all of its clients.
    The prezo H.E paul kagame should interfere and call the fodey owners to the table and hear their part bcz the prime minister failed and if not then you are all the same “illiterate” I prayed for rwanda but its officia’s are busy thinking about “Power” not business .Rwanda’z hope is lost for investors i Suggest you Pack up and leave these Gorrillas ohh and before you all go “DEFAULT THE REVENUE AND FINANCE MINISTRY” leave them brooke and Kagame shall sack them all

    GOD BLESS FODEY SECURITY FOR ITS HARD WORK AND BLESS YOU ALL
    #REACHONE #TEACHONR
    #PREACHER

    Reply
  • cyuza

    We always hear that Rwanda is belongin the top countries that facilitates investors to invest in.
    1.How is this facilitation is being done!?
    2.How can this country facilitate incoming investors while is destroying existing ones!!?
    3.Do you think that some investors who were planning to invest in Rwanda will not be discouraged because of this!!?

    This is clear !! “it is unfair!” and this FODEY case will show the world if there is “INDEPENDENT COURT” in Rwanda.

    Let us waint for the court decision!

    Reply
  • Truth teller

    Minister fazil .who puts its government to shaim and disgrace revoke your decisions before that seat sinks with you the government trusted you and you made the people loose trust on the system Fazil be wise my friend and know it was wrong of you nobody wants to sue the government unless they have no choice
    Minister we are disappointed in what you have done but it’s not the end nor the final decision therefore learn from your mistake and console fodey bcz its now in bad shape but they are still strong and have better hopes from this and that all shall turn up good in near future

    Reply
  • Azeem Timothy

    It is so regrettable to the democratic country like Rwanda to suspend illegally a such potential security company like fodey after 13years providing outstanding security service!I am on the side of children,mothers,fathers,family and society who cry for losing their job and pray to God to keep Fodey back on stage with more greater swagga than ever!

    Reply
  • Watch Dog

    Everyone understands what happens when u r too big to do your job and sign things u do not understand nor verify. The minister should take time off his ‘busi”ness and scrutinize this document which he apparently signed without looking. Negligence or ignorance is not an excuse.

    Reply
  • Jalego

    Why pretend that your country is the best while what you do to people who come to invest in Rwanda is just but to frustrrate them?You must explain why? this internal security minister must give good reasons fof his acts.

    Reply
  • BIGIRABAGABO

    To hell with you minister.You must know that you are not above the law.Justice must be done to this company.

    Reply
  • Hakizimana Emanuel

    the case clearly depicts how frustration in the business fraternity is exercised with and by people whom are supposed to protect the right of the constitution but thwart it as if its their kitchen cabinet, if the minister is in order please let him answer to this;
    1. Why was he not present in the court to understand what their legal team a confused lawyer who alluded all the reasons to FODEY misfortunes to the President from whom all power rests so as to intimidate the judges?
    2. The ministerial letter clearly indicated that the company is not suspended, yet the heading clearly read DISSOLUTION OF THE COMPANY, does it me that the ministry is in short of qualified personnel, yet many qualified people are jobless
    3. Let the Minister Fazil understand that we are in global economy, the world is in communication, technology has made us understand what are in your custody.
    4. don’t be surprised minister if at the long end the final fool is you

    PLEASE DO NOT ASHAME OUR COUNTRY BASED ON INDIVIDUAL INTEREST, THE COUNTRY IS GREATER THAN YOU, DO NOT HARBOUR US FROM ENJOYING OUR HARD EARNED INCOME BY CHASING INVESTORS AWAY

    Reply
  • Umutoni Lea

    Our children are sleeping without taking meals just because of a single minister who has decided to fatten instead of ensuring proper provision of security services. we curse you from our mother nature, Our children starve because of ua actions, in case you don’t know the little we received was enough to pay our rent and necessity of our family. We might not get much as you do and your boys whom u use as spanner boys, TO US FODEY WAS THE MOTHER AND FATHER, WE ARE NOT PAID BY THE GOVERNMENT, THE GOVERNMENT CANNOT EMPLOY US, WE ARE STARVING YET YOU DRIVE EXPENSIVE CARS AND GO TO CHURCH, FROM OUR HEART WE CURSE YOU, LET THE ACTIONS YOU HAVE DONE AGAINST OUR SOLE PROVIDER FOLLOW YOU TO THE GRAVE

    I REST MY CASE, IF YOU ARE INNOCENT OUT OF THE ACCUSATIONS, PLEASE COME TO THE PUBLIC AND USE AN RELIABLE NEWSPAPER LIKE NEWTIMES AND CLARIFY YOUR POINTS NOT HIDING IN IGIHE IN KINYARWANDA WHICH ONLY YOUR SYCOPHANTS UNDERSTANDS

    Reply
  • Busaija Ephraim

    If I may quote from what my brother steve said sometimes back, we as Rwandans we need to think for ourselves and not be rulled by FPR, Steves response for the FPR decision to back Kagame for 3rd term

    Steve

    June 13, 2013 at 10:49 AM

    Dear Mugabe, thank you for article, it’s rich.
    African states need leaders who regard Constitution as a supreme power. Who swears in to respect, defend the sovereignity of the constitution. We don’t need leaders who shy away in protecting the constitution. In Rwanda we don’t need leaders who manipulate the common man. Kagame should retire with dignity comes 2017. We need debates, not manipulation. We need fair distribution of national wealth not monopoly of RPF companies. Kagame needs to focus on building state institutions not strong men. We need to tell government want we need to be done, note the government which tell us what to do.
    Regards Steve

    WE ARE TIRED BY THE RULE OF FPR, INTERSEC, ISEC AND TOPSEC ARE OWNED BY THE GOVERNMENT AS WE ARE MADE TO UNDERSTAND – ITS A BIG NO, mark myy words, this company are owned by individuals within FPR they undernine our constitution at will, RWANDESE LETS WAKE UP AND STAND FOR OUR RIGHTS UNLESS WE ARE WILLING TO CONTINUE LARGING BEHIND IN DEVELOPMENT

    Reply
  • Douglas

    Omar and Ayan abused their Rwandan and Somali employees, and had very little regard for the laws of Rwanda. Their arrogance has become their undoing, and they can blame no one but themselves for the loss of their company.

    Reply

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