Sunday, 2 October 2016

As Camwater crisis persists:

Who will Biya sacrifice – Jerome Eta or Roger Ondoa?
Expected back in the country anytime soon, President Paul Biya will have to urgently play the umpire in the decaying crisis at the Cameroon Water Utilities Company, Camwater, if only to avert an acute water crisis during the Women’s AFCON that comes up in November
By Essan-Ekoninyam in Yaounde
Hon. Jeroma Obi Eta
Who between the Board Chair and the General Manager respectively of Camwater is guilty of wrong-doing? President Paul Biya’s much-awaited verdict on the matter will certainly clear the air and of course edify Cameroonians and even some managers of public companies on how they are supposed to function, at least, in the New Deal context.
                For weeks running the GM of the Cameroon Water Utilities Corporation Camwater, Roger Ondoa Akoa has been at daggers-drawn with the company’s Board Chair, Hon. Jerome Obi Eta. Thought it is not immediately known what the exact bone of contention is, reports in the press talk of a disagreement over who has the pride of place to take major decisions in the company.
                Reports said the already sour relations between GM and Board Chair have gotten worse following the cancellation by the Board Chair of some unilateral decisions taken by the GM. The decisions included notably the suspension of the signatures of two directors of the corporation- the Director of Assets and the Director of Administration and Finance.
                Appointed barely several months ago, in February this year, it emerged that the GM of Camwater after commanding and procuring the report of an internal audit suspected the two directors of syphoning the company’s funds. Alphonse Ondoa Akoa therefore suspended the signatures of the two directors but this, without the express consent of the Board of Directors, as required by the law.

                It was no surprise therefore that the GM’s unilateral act was not allowed to prosper! The Board Chair of the corporation, Hon. Jerome Obi Eta, immediately signed a decision annulling the GM’s decisions and urging the GM to reinstate the right to signature of the two directors with immediate effect. Jerome Eta also notified the Prime Minister’s Office and the Presidency of the insubordination of the GM and about the action he has taken, it was reported.
               
Alphonse Ondo Akoa Roger
 Some sources say that even though the GM capitalized on the report of the internal audit to suspend the two directors, the real motivation for his ‘subversive’ act was because he doubted the loyalty of the two directors especially as he considers them as his predecessor’s protégés.
                What’s more, because the former GM, Jean William Sosso, was said to enjoy cordial relations with the Board Chair, the new GM is said to believe that the two directors are by extension the Board Chair’s men and that they are out to protect the Board Chair’s interests and not he’s.
                Given that the PM in his characteristic wariness, has yet to wade into and give his opinion on the crisis at Camwater, it is expected that only President Paul Biya will use his exorbitant executive powers to call the belligerents to order and thus put an end to the crisis.
                As President Biya’s final decision on the matter is awaited, many are already speculating that it is either one or both the DG and the Board Chair would have to be sacrificed if peace and harmony must reign at Camwater. Lets wait and see!

What the law says
                It should be understood that the functioning of public and para-public companies in Cameroon is regulated for the most part by the OHADA Law and the presidential decree no 99/016 of 22 December 1999 bearing on the general statutes of public establishments and public and para-public corporations.
                By virtue of article 33 of this decree, the Board of Directors of Public Companies comprises from between three (3) to twelve (12) members at the most, including an elected representative of the personnel of the said corporation. Also, the Board of Directors elects its president from among its members. The Board President so elected must have at least 2/3 majority of the votes cast. He has a mandate of three (3) years renewable once.
                The 1999 decree also gives the Board chair extensive powers to act on behalf of the company: He defines and gives policy orientations on the functioning of the corporation and evaluates its management. Also the Board is imbued with the exclusive powers to appoint senior officials (from deputy director upwards) of the corporation, upon the proposal of the GM.
                Unfortunately, the decree bearing on the text of application of the 1999 presidential decree has yet to see the light of day. Because there is no document that defines clearly the attributions of the GM and BC, there is bound to be conflicts in the management of public companies.
It should be noted that though Board Chairs are supposed to be elected by the members of the Board, more often than not it is the President of the republic that appoints these Board Chairs. And quite often the same presidential decree appoints the GM and BC. This makes some GMs to believe that they are not subordinates to the BC, after all they were appointed by the same person and by the same decree.





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