Report accuses Francisco Tavares, former Mayor of Brava, of favoritism and damaging the public purse

The main irregularity pointed out centers on the exemption from tendering procedures and the direct delivery of large sums of money to Construcoes Ideal in situations where the public procurement law requires tenders to be held to ensure transparency, fair competition between companies and the best use of public resources, the company in question was allegedly contracted directly.

This modus operandi raises serious questions about the legality and ethics of the transactions. The lack of an open competitive process prevents other qualified companies from submitting their bids, which are potentially more advantageous for the municipality, and suggests a predisposition to benefit the company CONSTRUÇÕES IDEAL.

CONSTRUÇÕES IDEAL, SOCIEDADE UNIPESSOAL, LDA, with NIF XXXXX2500 (we do not publish the NIF in full) has its registered office in Cantinho Cova de Joana, Nossa Senhora do Monte, Ilha Brava. The central figure in this alleged scam is its Managing Partner, Mr. Ideal Gonçalves Louro, holder of CNI n° XXXXXXXXX009C (we do not publish the CNI in full) and resident in the City of Nova Sintra.

His position as sole shareholder and manager of the company, combined with the large sums received through direct contracting, places Mr. Louro at the center of the investigation's attention.

The initial report stresses that the amounts involved "harm the municipality by tens of thousands of Cape Verdean escudos". This amount, taken from the public purse through questionable contracting methods, represents a significant damage to municipal finances. These funds could have been allocated to other priority areas, such as health, education or improving infrastructure, if they had been managed more transparently and efficiently.

The investigation seeks to determine the full extent of the damage, which projects or services were paid directly to CONSTRUÇÕES IDEAL, and whether there was a deliberate overvaluation of the work compared to market prices.

Sources close to the city council have assured that the Report has already been forwarded to the Public Prosecutor's Office and it is hoped that the competent authorities will follow up on these indications, moving forward with the opening of a formal investigation to ascertain all responsibilities. It is crucial to identify those responsible within the public administration who authorized these tender exemptions and the direct deliveries of money.

Asking for comment, the Mayor of Brava declined to comment on the matter, saying that everything is in the hands of the competent authorities and that he is patiently awaiting the decision of the courts.

The former Mayor of Brava, Francisco Walter Tavares, one of the main targets of this investigation report, in his characteristic tone said that "please provide me with this famous report in its entirety and Bravanews will receive my full reaction". He added that "only if I'm a fool would I take up such a matter with Bravanews without being aware of the report, which by the way you're lucky to have before the rest of us, before the municipal deputies (they said so on AMB today) and before anyone else in Brava."

This case of CONSTRUÇÕES IDEAL serves as a stark reminder of the need to strengthen oversight mechanisms and ensure strict compliance with the public procurement law in Cape Verde, thus protecting the integrity of public finances and citizens' trust in their institutions.

The evidence of favoritism and direct contracting on Ilha Brava raises the central issue of compliance with Cape Verde's Public Procurement Law (LCP). This legislation is the pillar of transparency and good management of public funds in the country, aiming to ensure that all contracts for the acquisition of goods, services or works are carried out under the principles of competition, equality and impartiality.

The LCP strictly establishes the procedures that public entities, including municipalities, must follow. The fundamental principles are:

• Transparency: Information on competitions must be public and accessible to all interested parties.

• Competition: The State must seek the best offer, encouraging the participation of as many competitors as possible.

• Equality and Non-Discrimination: All competitors must be treated equally and given the same opportunities.

• Efficient Use of Funds: The main objective is to ensure that public money is spent in the most advantageous way.

Contracting Methods and the Direct Award Exception

The general rule of the LCP is the Public Tender or the Limited Tender by Prior Qualification, which require the publication of the procedure and the evaluation of multiple proposals.

The form of Direct Award (or direct contracting), which seems to have been used in the case of CONSTRUÇÕES IDEAL, is an exception. It should only be applied in very specific and legally stipulated cases, such as:

1. Reduced Amounts: When the total value of the contract is below a certain threshold (which varies depending on the nature of the contract).

2. Urgência Imperiosa: In situations of calamity or unforeseen urgency that make it impossible to hold a public tender in time.

3. Technical Exclusivity: When only one company can supply the good or service due to technical reasons or exclusive rights (patents, etc.).

The alleged "favoritism" occurs when Direct Award is used outside these legal exceptions, allowing contracts to be delivered without the necessary supervision and competition, which enhances corruption and the misappropriation of funds.