Panel was 'biased', 'selective', MPs allege
AMMAN -- The Lower House on Wednesday declined to refer to the judiciary any of the persons whose names were listed in the final report of its committee investigating the privatisation of the phosphate company as "most likely" involved in corruption cases.
Also yesterday, a majority of MPs voted in favour of the committee's recommendations to the government to terminate the Jordan Phosphate Mines Company (JPMC) privatisation agreement on the grounds of its "unconstitutionality and illegality", grant concession rights for the exploitation of phosphate in other regions in the Kingdom, and rectify the status of the board of directors of the formerly state-owned JPMC.
During yesterday's session, a majority of deputies voted down a recommendation by the investigation committee to refer former prime minister Marouf Bakhit to the judiciary along with four members of his 2007 Cabinet: Ziad Fariz, Suhair Al-Ali, Abed Shakhanbeh and Sharif Zu'bi.
In addition, 69 out of 97 MPs voted not to refer former finance minister Mohammad Abu Hammour, who headed the higher steering committee overseeing the privatisation programme, to the judiciary with a recommendation to prosecute, as recommended by the investigation panel.
Of the 97 deputies who attended the session, 60 voted down the committee's sixth recommendation to refer to the prosecutor general former Royal Court chief Bassem Awadallah, who has also served as finance and planning minister several times during the past decade.
Similarly, only 23 out of 97 deputies voted for referring to the judiciary JPMC CEO Walid Kurdi, Jordan Investment Corporation Director General Nabih Salameh, Finance Minister Umayya Touqan -- who was Central Bank governor and a member of the privatisation steering committee when the deal was approved -- former Securities Depository Centre CEO Samir Jaradat, JPMC Deputy Executive Director Mohammad Bader Khan, and other members of the privatisation steering committee Hamad Kasasbeh, Salem Ghawi, Muntaser Oqlah and Minister of Energy and Mineral Resources Qutaiba Abu Qura.
At the outset of the session, the committee's rapporteur, Irbid Deputy Hosni Shayab, presented a briefing on its recommendations, saying that "although the panel recommends the referral of the above-mentioned persons to the prosecutor general to start an investigation into allegations of corruption related to their role in the privatisation deal of the phosphate company, it does not declare them guilty".
"We only refer to the judiciary but we do not impeach," said the head of the panel, Ramtha MP Ahmad Shaqran, in response to his colleagues' remarks expressing concerns over the "excessive and baseless accusations in the committee's findings".
Several of the deputies who took the podium yesterday expressed reservations towards the panel's findings and its recommendations, with some arguing that its final report was "biased, subjective and inaccurate".
Some went further, as criticising the "excessive accusations" in the report, saying the committee had practised defamation and character assassination without relying on solid facts.
Several MPs questioned the reliability of the investigation, while others described the report as "incomplete" as one of the major players in the privatisation deal had not been interrogated by the panel.
Some others accused the panel of "selective accusations", arguing that if there is any corruption in the privatisation deal, three consecutive governments have to be questioned, not only that of Bakhit.
The committee did not take into consideration the confidentiality of its investigation, some MPs argued, criticising the leak of information to news outlets.
"I was shocked upon seeing the report," said Deputy Khalid Fanatseh (Maan, 1st District), who added that "the report has been built on assumptions with the aim of defaming prudent statesmen who built the country".
He noted that KAMIL Holdings Ltd. -- to which the government's stake in the JPMC was sold -- is owned by an investment agency affiliated with the Brunei government and is not a private firm as the panel alleged.
The panel charged that the privatisation deal was supposed to be signed with the Brunei government but was "forged" just one day after the Council of Ministers approved the agreement to be signed with KAMIL Holdings.
The committee said it had interrogated several former premiers and ministers who all affirmed that they had never heard of KAMIL Holdings because they okayed the selling of the JPMC to the Brunei government and not any other party.
Speaking on behalf of the Future Bloc, Karak Deputy Mahmoud Neimat argued that the panel had been "biased and sentimental", aiming at gaining popularity on the street.
"The panel's president [Shaqran] has been showing off, working to draw the attention of the press and breaking the rules of the investigation," he said.
However, some other MPs supported the panel, commending its "outstanding role" in uncovering the truth behind the "shameless selling of the country's assets".
"Privatising the phosphate company was an act of piracy," said Zarqa Deputy Bassam Haddadeen, who added that the deal was not signed in accordance with the privatisation laws.
"I wholeheartedly agree with the report and its findings. We just refer to the judiciary but we don't impeach," the MP said.
Affirming that KAMIL Holdings is owned by the Brunei government, Deputy Mohammad Halaiqa (Amman, 2nd District) explained that "better prices could have been negotiated if consecutive governments had stuck to competitiveness and transparency when making the privatisation deal".
Halaiqa also pointed out that he had seen a document in the Central Bank proving that Brunei government transferred $111 million to the state's treasury from KAMIL Holdings.
Citing articles 33 and 117 of the Constitution, several MPs argued that regardless of who was involved in the deal, the whole agreement should be cancelled as it violated the law and the Constitution.
Jerash Deputy Bassel Ayasrah noted that the Legislative and Opinion Bureau issued a verdict in 2008 finding the agreement illegal and unconstitutional because it was not signed in accordance with a law as stipulated in the Constitution.
Deputies Mubarak Tawal (Madaba, 1st District), Mohammad Shroush (Tafileh), Abdullah Ensour (Balqa), Awwad Zawaydeh (Southern Badia), and Mifleh Ruheimi (Jerash) agreed with Ayasrah, calling for annulling the "unconstitutional deal".
Paragraph B of Article 33 of the Constitution says: "Treaties and agreements which involve financial commitments to the treasury or affect the public or private rights of Jordanians shall not be valid unless approved by the National Assembly."
Article 117 of the Constitution reads: "Any concession granting a right for the exploitation of mines, minerals or public utilities shall be sanctioned by law."
Responding to deputies who had asked the government to present a response regarding the issue, Prime Minister Awn Khasawneh confirmed that KAMIL Holdings is owned by the Brunei government, describing the panel's assumption as "untrue".
He also affirmed that the Brunei government had transferred $111 million to the state's treasury.
"This means that KAMIL Holdings is owned by an investment agency affiliated with the Brunei government," the premier said.
Moreover, Khasawneh renewed his government's pledge to conduct a "thorough and comprehensive" review of the privatisation deals signed previously to check their legality and constitutionality.
"If any unlawful aspects are found in these agreements, the government will not hesitate to take any measures or decisions to safeguard the state's assets," he noted.
Khasawneh added that the government sold 37 per cent of shares in the JPMC and still owns 25.6 per cent of the company, while the Social Security Corporation and the Kuwaiti government own 16.4 and 9.3 per cent of the mining firm, respectively.
© Jordan Times 2012
