The Directorate of Traffic Police of South Sudan’s Ministry of Interior has been hit by a massive scandal that involves corruption, forgery, false imprisonment, the falsification of contract agreements to supply vehicle number plates, and impersonation to get payment from the government.
The graft saga also saw the police leadership at the interior ministry share proceeds from the sale of number plates among themselves.
The matter is currently before the East African Court of Justice in Tanzania and the Ministry of Justice was served on 29 December 2023 to file their defense within 45 days and the window elapsed on 12 February 2024 at 5:00 p.m. East African Time without filing defense.
Genesis
Radio Tamazuj reviewed the document trail and found that interior ministry officials connived with the contractor who later turned out could not fulfill the contract and defrauded the subcontractor who supplied the number plates.
The case is premised on breach of contract by the Directorate of Traffic Police which is an institution of the respondent and Tueng International Trading Co. Ltd which supplied the traffic police with 47,000 motor vehicle number plates from China amounting to USD 10,369,980.
The convoluted case started on 10 November 2015 when Jungo Import and Export Co. Ltd signed a contract with the Interior Ministry’s Directorate of Traffic Police to supply number plates for motor vehicles and motorbikes.
On 16 June 2016, the traffic police directorate was directed by Deputy Inspector General (DIGP) to warn Jungo Import and Export Co. Ltd. that they failed to supply the number plates and give them one month to fulfill the contract or that the contract would be terminated citing incompetence.
On 1 July 2016, Machar Atuer Abdulla issued the power of Attorney to Mou Kuach Kuach to represent the Jungo in finding sponsors.
On 6 August 2016, Mou Kuach Kuach signed a sub-contract/participation agreement with Tueng International Trading Co. Ltd, Jami International Trading & Investment Co. Ltd, Panda Trading & Investment Co. Ltd, and Thelweng Gabriel M. Rok as a second party to the contract.
According to the agreement, the contract value would be assigned to the second party by the first party and the second party would use his own money and resources to fund the project.
On 8 August 2016, Jungo Import and Export Co. Ltd. submitted and requested for endorsement of the said agreement by the Directorate of Traffic Police and it was endorsed on 9 August 2016 by the Deputy IGP General Jame Biel Ruot Chuol.
On 22 August 2016, the companies signed a financial agreement to fund the contract (project) with Tueng International to pay 60 percent (USD 232,300), and a cheque dated 30 November 2016 was issued, Thelweng 15 percent and it paid USD 52,125 and Panda paid 10 percent which came to USD 37,875 paid to Machar Adulla the Managing Director of Jungo in cash
Jungo Jami and the interior ministry did not pay any money.
The financial agreement was signed by all the Board of Directors in the participation agreement.
On 10 October 2016, a confirmation of remittance for the number plate fees was made to the Tueng International Trading Co. Ltd’s South Sudanese Pounds Account Number 20011211292592 at Equity Bank and USD Account No 20011211292591 in Hai Amarat in Juba.
On 19 August 2016, a sale agreement for 23,230 vehicle plate numbers was signed between Roger Loro Sule and Tueng International Trading Co. Ltd, and the company was represented by Joseph Chol Akot as a second party buying the number plates with a cheque for the amount of USD 232,300 issued by Tueng International Trading Co Ltd. to Rogers Loro Sule as the beneficiary signed by Joseph Chol Akot as a second party. The buyers’ witness was Mou Kuach Kuach who is now claiming ownership of the contract/project.
On 30 November 2016, Joseph Chol Akot, the Managing Director of Tueng International Trading Co. Ltd signed off cheque no 000010 of amount USD 545,000 and 232,300 respectively to Quick Logistics Co. Ltd represented by Loro Sule to guarantee the purchase of the number plates.
On 12 February 2016, an Airway Bill from Fuding Josheng (China) Co. Ltd to Tueng International Trading Co. Ltd of Juba was made to Joseph Chol Akot for delivery of 47,000 number plates.
On 4 November 2016, Machar Abdulla revoked the power of attorney from Mou Kuach Kuach that was given on 1 July 2016 before Advocate Mathiop Char Mabior.
On 4 April 2017, a limited liability company interest sale and assignment agreement of 15 percent for a total amount of 24 million SSP paid with an advance of 7 million SSP and 500,000 SSP installment for 34 months was agreed. On 7 April 2017, Jungo Import and Export Co. Ltd notified the Directorate of Traffic Police that Jungo Import and Export Co. Ltd sold their 15 percent interest that was stipulated in the participation agreement concluded by both parties on 16 August 2016.
On 23 April 2017, Tueng International Co. Ltd represented by Joseph Chol Akot signed off 5 percent of the 15 percent bought from Jungo Import and Export to Grand Construction & spare Part Co. Ltd represented by Anyau Dhen Deng in the interest of the company in which Mou Kuach Kuach and Athiep Dut Kuol were witnesses.
Disaster strikes
In a bizarre turn of events, all the said agreements and relevant documents regarding the deal were collected by Mou Kuach Kuach and Athiep Dut Kuol who proceeded to burn them. Shortly after, the duo started issuing fake documents to the Ministry of Interior claiming that the second applicant, Joseph Chol Akot, the CEO of Tueng International Trading Co. Ltd was an employee of Jungo and they proceeded to file a criminal case of embezzlement of SSP 86,561,000 from 2016 to 2017 for the sale of the vehicles and motorbikes number plates which were fictitious and forged figures.
On the contrary, the money was owned by Tueng International Trading Co. Ltd represented by Joseph Chol Akot. All the 47,000 number plates at various police stations across the country and the traffic police headquarters belonged to the first applicant and the Directorate of Traffic Police was to sell the goods on behalf of the first applicant, but instead, they decided to burn the documents and sold the said goods on behalf of Jungo Import and Export Co. Ltd which was not the supplier of the goods and was no longer a party to the contract.
The SSP 86,561,000 was fictitious and the correct amount was USD 10,369,980 which was the correct value for the 47,000 number plates that they were trying to cover up by using fictitious SSP 86,561,000 to frame up the second applicant, Joseph Chol Akot, and they proceeded to sell the first applicants goods to the interior ministry at an amount of USD 10,369,980.
Athiep Dut Kuol was a witness in the subcontract, but after they burned the subcontract documents, he went ahead to open a criminal case against the second applicant, Joseph Chol Akot, on the pretext that the accused was an employee of Jungo Company.
No honour among thieves
Around July 2017 Athiep Dut Kuol denied having appealed to South Sudan Supreme Court in his Arabic Affidavit and testified that he stands with the Appeal Court’s majority decision. He said he stood with the Appeal Court ruling for he believed that they were fraudulently collaborating on the pretext that he would be paid USD 1 million but later gave up after the Appeal Court quashed the High Court ruling. In essence, he confessed to the execution court.
The High Court in Juba framed charges against the second applicant and convicted him under section 351 of the Penal Code 2008 on 26 February to imprisonment for 10 years. The second applicant (Joseph Chol Akot) filed an appeal at the Court of Appeal in Juba and the ruling of the High Court was quashed on 26 April 2019.
Around 2021 Jungo went ahead to claim for the said USD 10,369,980 from the interior ministry for which Joseph Chol Akot, the CEO of the first applicant, made the same claims from the interior ministry.
An attempt at redress
On 16 September 2021, Inspector General of Police (IGP) Gen. Majak Akec Malok formed a committee composed of LT. Gen, Abraham Manyuat Peter as chairperson, Maj. Gen. Makuac Cawul Martin, member, and Maj.Gen. Biringi Justin Waiwai, member.
The committee, according to the attached invoices, found that Jungo Company has a contract to provide plate numbers to the traffic police, Jungo provided number plates with four digits while the assembly approved the number plates with three digits and Jungo used all its money on procuring four digits plates and later failed to provide the approved number plates.
The other findings were that Jungo was given a warning for one month by the former D/IGP Lt. Gen. James Biel and that if they failed to deliver, their contract would be terminated, the company went and made a participation agreement (sub-contracts) with four companies; Tueng International Trading Company, Jami International Trading & Investment Co. Ltd, Panda Trading & Investment Co. Ltd and Thelweng Gabriel M. Rok and they agreed on the share entitlement of the individual parties signed by all the companies representatives.
The committee also found that according to the attached sale invoice from Josheng Sihn Co. Ltd China proved that Joseph Chol Akot, the representative of Tueng International Trading Co. Ltd was the one who provided the 47,000 number plates. Based on the letter dated 11 September 2017 from the former Acting IGP for traffic police, Maj. Gen. Kon John Akot, the total amount reported for material costs was USD 10,369,980.
The committee also said that the police were part of the agreement represented by the Directorate of Traffic Police and they had used the supplied number plates which were provided by the sub-contractor, Joseph Chol of Tueng International Trading Co. Ltd. The investigation committee recommended that since the traffic police was part of the contract and the number plates had been used by the traffic police, the claim raised by Tueng International Trading Co. Ltd be settled either by the Director of Traffic Police in installments or be processed to the Ministry of Finance for payment.
However, in another twist of events, an unknown person appealed against the Appeal Court’s majority decision to the South Sudan Supreme Court to quash the Appeal decision and uphold the High Court’s decision and the Supreme Court quashed the ruling of the Court of Appeal and confirmed the High Court Ruling on 4 February 2022. This led to the arrest of the second applicant who was arraigned before the High Court and convicted for 8 years because he had already spent 2 years in prison.
An appeal was made to the Supreme Court by the unknown individual and the court, without hearing the accused defense/argument and presentation of facts and evidence in which the earlier complainant for the case, Athiep Dut Kuol, denied that he did not appeal the said High Court Ruling of the Appeal Court to the Supreme Court and that he still stands with the ruling of the Appeal Court.
Enter the ministry of justice
On or about 1 June 2022, Tueng International Trading Co. Ltd submitted to the office of the Minister of Justice and Constitutional Affairs an official request for a legal intervention to resolve the dispute between Jungo Import and Export Co Ltd on the implementation of the contract for the supplied number plates to the Ministry of Interior because the Justice Ministry would advise the Ministry of Interior.
On 31 August 2022, the undersecretary of the Ministry of Justice and Constitutional Affairs (MOJCA) wrote and advised that the amount collected by the traffic police on behalf of the contractor should be retained in the account of the Ministry of Interior and that the interior ministry form a mediation committee of three members to try to resolve the matter amicably between the two parties.
The Minister of Justice on 8 June 2023 advised Tueng International Trading Co. Ltd through Joseph Chol Akot, the CEO of the first applicant, to go to the Ministry of Interior or Inspector General of Police (IGP) to claim his payment per the law otherwise the company deserves to sue the Interior Ministry following the laws on the basis that he has been denied justice.
Forgeries by Mou Kuach Kuach and group
On 15 January 2016, Mou Kuach Kuach forged a letter of appointment indicating that Joseph Chol Akot was an employee of Jungo Import & Export Co. Ltd.
On 24 July 2017, Mou Kuach Kuach signed a board resolution reconstructing the management and appointed Garang David to the post of executive of Administration. On the same day, Mou Kuach Kuach sent a letter withdrawing the authorization Joseph Chol Akot to the Interior minister, legal advisor interior ministry, Rapporteur National Traffic Police Administration, Rapporteur Traffic Police Administration-Jubek State, Rapporteur Traffic Police Administration-all states.
On 24 July 2017, Mou Kuach Kuach sent a proposal requesting an annual audit statement for Tueng Company.
Forgery by the Interior Ministry officials and fraudsters
In September 2017, Brig. Gen. Riaw Gatlier Gai Chuol, the former deputy minister of interior issued a ministerial order for the unification of number plates and for all the UN, NGOs, and Diplomatic Corps to register their vehicles with Bapiny Company.
On 25 August 2017, Baping published a notice that they were sorry for any inconvenience and that they were instructed by the interior ministry to charge USD 200 for motor vehicles and USD 100 for motorcycle number plates respectively.
On 19 September, Assistant IGP Maj. Gen Kon John Akot, the Director General for Traffic Police, wrote to the Public General Inspector of the Ministry of Justice to release 73 cartons of UN and NGO number plates to traffic police. He claimed that the number plates were illegally hidden by Joseph Chol Akot at the Ebony Bank premises along Juba International Airport road and the items belong to Jungo Export and Import Co. Ltd which he said was contracted by the Ministry to Supply the vehicle plate numbers.
On 13 September 2017, an intervention letter was written to the Minister of Justice, Late Paulino Wanawilla Onango, showing that Tueng Company was invited to participate in the contract since Jungo had no financial capabilities and the two companies signed an agreement to the effect on 6 August 2016 which was acknowledged by the Interior Ministry on 8 August 2017.
Lt. General John Buodbuod sent a letter to all the state traffic directors to remit the number plates fees and on 10 August 2017, the Directorate of Traffic Police, under the directives of the Director General of Traffic, Maj. Gen Kon John Akot decided to divide the money of the sold number plates amongst themselves. On 11 August 2017, Maj. Gen. Kon John Akot wrote to the Inspector General of Police that the number plates cost USD 10,369,980.
The Individuals in the Ministry of Interior in corroboration with the fraudsters burned the contract agreement documents to cover up the evidence of the existence of a subcontract and they decided to appoint Mou Kuach Kuach as the new CEO and Mou authorized Athiep Dut Kuol as the new director of Jungo Import and Export Co. Ltd to incriminate the rightful owner of the contract, Joseph Chol Akot.
On 16 February 2022, Machar Atuer Abdallah, Abel Thon Kur, and Phillip Marial Luony met and forged another power of attorney re-authorizing Mou Kuach Kuach to follow up on financial claims from the finance and interior ministries as well as all legal matters in court including execution of Judgment while Joseph Chol Akot was re-convicted on 4 February 2022 by the unknown applicant to through the Supreme Court.
On 9 December 2022, Phillip Marial Luony, a South Sudanese national swore an affidavit that on 16 February 2022, he signed powers of attorney by attestation no 1/2022 with Abel Thon Kur and Machr Atuer Abdallah authorizing Mou Kuach Kuach to act on their behalf in meetings with the authorities of the finance and Interior ministries based on power of attorney which causes them a case No. 5446/2022 in court for forgery.
That the criminal case of forgery was opened against them at the Malakia Police Station in Juba by James Thelweng that he is withdrawing his power of attorney signed in the presence of the court and that Mou Kuach Kuach is no longer representing Thelweng according to his authorization. He stated that he had never signed any document concerning the number plates.
On 06 January 2017, Quick Global Logistics Co. Ltd sent a demand letter for the unpaid balance Tueng International Trading Co. Ltd supplied from 2016 to 2017. Tueng International Trading Co. Ltd paid advance fees of USD 466,748 and was being demanded a balance of USD 545,000. The request for the amount due was acknowledged on 28 April 2017 by Joseph Chol Akot who is also in court for goods that had been fraudulently highjacked by fraudsters.
According to South Sudan law firm, M/S Pan African Law Chamber LLP which is representing the Tueng International Trading Co. Ltd and Joseph Chol Akot in the East African Court of Justice in Arusha, Tanzania, the constitutional mandate of the Ministry of Interior is to protect citizens and their properties, but the crimes of forgery have been planned on the watch of high ranking police officers and individuals at the ministry and some of whom even in some other instances authorized it.
The company is now demanding USD 10,369,980 USD from July 2016 to August 2017 as values of 47,000+ number plates supplied and five years’ annual interest accruing to USD 51,849,900 from 2017 totaling USD 62,219,880.
The lawyers are also seeking damages for the unlawful imprisonment of the company’s Chief Executive Officer and demanding for general, punitive, and exemplary damages.