Corrupt procurement practices @ UNDP/UNFPA Uganda result in defective condoms
Click here for this @ The Observer:
http://www.observer.ug/index.php?option=com_content&view=article&id=21595:doctor-to-sue-govt-un-over-faulty-condoms&catid=34:news&Itemid=114
Tuesday, 16 October 2012 23:54
Written by Siraje Lubwama
A man draws condoms from a dispenser
A
Ugandan paediatrician has drafted a petition intended to force the
government to remove all male condoms manufactured in Malaysia from
circulation in the country because they are allegedly defective.
But the ministry of Health yesterday
dismissed the doctor’s claims as false. They were based on brands, such
as Engabu, that were withdrawn from the market three years ago.
Through his lawyers, Lukwago &
Company Advocates, Dr Joseph Sseremba is suing the Attorney General and
the United Nations Population Fund (UNFPA) for allowing male condoms of
the Latex and Engabu brands into the Ugandan market, yet they do not
meet the acceptable quality level set by Uganda National Bureau of
Standards (UNBS).
While the contested Latex condoms are
manufactured by Guilin Latex Factory and Qingdao Double Butterfly Group
Company, the Engabu brand, manufactured in China in 2004 with an expiry
date of 2009, was condemned.
Sseremba, who operates a medical centre
in Kabalagala in the outskirts of Kampala, on August 17, 2012, gave the
Attorney General and UNFPA 45 days to comply with his demands, but the
time has elapsed without the parties taking any action, hence the
plaint.
“The plaintiff seeks an order directing
the government to bring before [the High] court all the defective
male Latex condoms in government stores that do not meet the acceptable
quality level (AQL) set by the Uganda [Nationala Bureau of Standards],
reference number FDUS ISO 4074, 2002 @ UNBS 2009 for destruction,” the
petition reads in part.
On the Engabu brand, Sseremba seeks a
declaration that the action by the ministry of Health of distributing
the already condemned condoms is “fraudulent, illegal and unlawful”.
“Your humble petitioner seeks an order
for a statutory reward of Shs 2.2bn to the plaintiff as provided for by
section 19 of the Whistleblowers Protection Act 2010,” the plaint goes
on.
Sseremba’s lawyer, Chrysostom Katumba,
told The Observer on Friday that dragging the two parties to court has
been the last resort after his client exhausted all peaceful avenues.
“Our client, among other avenues, drew
the attention of the 9th Parliament when he wrote to the Speaker,
Rebecca Kadaga, on February 23, 2012. She referred this matter to the
Sessional Committee on Trade, Tourism and Industry, which invited him on
March 27, 2012, but took no convincing step to solve the complaint,”
Katumba said.
On his part, Sseremba says that apart
from being defective, the condoms in question are porous, have a low
bust volume and bad odour, and deteriorate even in the best of
conditions. Worse still, he adds, many are already expired.
“This was backed with expert analytical
evidence of particular types, including Engabu and Guilin. Another
Chinese brand is Double Butterfly, which also smells foul and whose
specific origin is hardly traceable between various manufacturers; and
whose packaging and labelling do not conform to model specifications and
AQL,” Sseremba adds.
In the plaint, UNFPA is faulted because
when the Uganda government engaged the organisation in the procurement
of male Latex condoms, it failed to comply with the specifications and
guidelines for Condom Procurement 2003 to which it subscribes. Sseremba
contends that UNFPA’s act has subjected the lives of several Ugandans to
the risk of acquiring HIV/Aids and other sexually transmitted diseases,
unwanted pregnancies and other related risks.
To make matters worse, he says, after
the Engabu condoms were condemned, it is alleged that the Uganda
government, through the Uganda Aids Commission (the purchaser), went
ahead and entered into a contract with Buchmann in a joint venture with
Ms Guangzhou Guangxiang Tire Enterprises group (the supplier) for the
purchase of another batch of 80 million condoms of the same brand, and
distributed them to the public.
“Instead of destroying the above
mentioned Engabu condoms, the ministry of Health went ahead and
fraudulently and secretly attached a yellow sticker with the words
‘Tested for quality’ on each consumer package and distributed the same
condemned condoms to the public,” the plaint states.
Sseremba adds that although he informed
the Inspector General of Police about these alleged anomalies on January
23, 2012, no investigation has commenced to date. However, Ms Rukia
Nakamatte, spokeswoman for the ministry of Health, last evening said all
condoms entering the country were tested according to international
standards, and approved, both before and after shipment.
Nakamatte further pointed out that all
condoms were sourced from prequalified manufacturers, with a certificate
of good manufacturing practice approved by both the World Health
Organisation and the United Nations Population Fund.
slubwama@observer.ug
Click here for this @ The Observer:
http://www.observer.ug/index.php?option=com_content&view=article&id=21595:doctor-to-sue-govt-un-over-faulty-condoms&catid=34:news&Itemid=114
