Agenda 1 to 111 – Toni Asare

“Rise up fallen fighters
Rise and take your stance again
‘Tis he who fight and run away
Live to fight another day”– Bob Marley, September 1975

Bob Marley’s “The Heathen” was playing as I wrote this. Coincidence and appropriate!!

We fought this whole “architecture fight” and temporarily lost, but we are not losing this second fight. On Tuesday, August 17, 2021, I received a lot of messages with links connected to the 111 District Hospitals to be built all over the country. It was welcome news to those of us who often ply our architecture sometimes in rural areas, seeing that a government was taking bold steps to provide health infrastructure to the citizenry wherever they may be. I was wondering why the messages kept coming. Finally, it sunk in. A candid message arrived that there was a new model hospital to be designed by Adjaye and Associates. Again? For those of us in Architecture, we know that there are model District Hospitals designs already with the Estate Department of the Ghana Health Service. Did we have to redesign a District Hospital Model again? We know that the Estate Department of the Ghana Health Service has requested modifications of a few District Hospital models and specifications have been met in the past and so I rhetorically asked if there was any serious reason why the existing models could not be similarly adapted?

As the morning drew on, I got more calls from more Architects; some very senior, my contemporaries, much younger architects and even some in the Public Sector. More shocking were the similarities in their questions….” so now Local Ghanaians cannot even design District Hospitals and that has to be given to Adjaye and Associates?” I retorted that of course, he is Ghanaian. “But it was handed over to him on a silver platter?” was a response. “In addition to all other large projects; the Cathedral, and a long list of projects”.These are serious concerns and questions that need to be responded to. So, I join my colleague architects to say we are seriously concerned with the consistent abuse of Section 40 Procurement Act, without conscience and no attempt to equitably and legally go through the process for local architects who also make a living. There are about 1,200 architects in Ghana and we are not incompetent.

Government projects must be procured in accordance with Procurement Rules

The initial reason for David Adjaye’s grand entry to Ghana was the design and construction of the National Cathedral. It was welcoming to have an architect of such repute on our shores. The Cathedral for all intents and purposes was to stop the undignified National Thanksgiving Services at the Independence square and State Funerals at the forecourt of the State House. When this contract was awarded, the Ghana Institute of Architects complained to the political leadership that the procurement of the National Cathedral was inconsistent with our laws.

Let me explain further; In Ghana, the law grants the owner of the land on which there is any development to determine the ownership. Regularly, the Planning and Building Permit Applications are made in the name of the owner of the land. Therefore, though the President of the Republic of Ghana initially mooted the idea of the National Cathedral on state lands, the ownership status changed from a personal vision to a state project. This is regardless of who is funding the project- It is on state land. The procurement process therefore should be consistent with Ghana’s laws and the post-construction operations would have to be assumed by organs of state.  Similarly, it stands to reason that for the construction of the 111 District Hospitals, the same laws are applicable. There is nothing to debate about this. 

The question therefore remains, why did the Government decide to single-source these projects without recourse to Section 40 of the Procurement Law? The law states as follows:

Public Procurement Act 663 –Section – 40 – Single-Source Procurement.

• A procurement entity may engage in single-source procurement under section 41 with the approval of the Board,

  where goods, works or services are only available from a particular supplier or contractor, or if a particular supplier or contractor has exclusive rights in respect of the goods, works or services, and no reasonable alternative or substitute exists;
  b.  where there is an urgent need for the goods, works or services and engaging in tender proceedings or any other method of procurement is impractical due to unforeseeable circumstances giving rise to the urgency which is not the result of dilatory conduct on the part of the procurement entity;
  c. where owing to a catastrophic event, there is an urgent need for the goods, works or technical services, making it impractical to use other methods of procurement because of the time involved in using those methods;

Government’s own Public Statements against Single-Sourcing of Projects

1. February 3, 2017 – We will abort ‘rampant’ sole sourcing – HE Mahamadu Bawumia, Vice President of the Republic of Ghana

Vice President Dr Mahamudu Bawumia has indicated that government will tighten the bolts on sole sourcing and go strictly by the provisions of the Public Procurement Act. Speaking at the maiden Good Corporate Governance Series in Accra, the Vice President said, “We want to ensure strict enforcement of the Public Procurement Act; looking at the bill as it was designed, sole sourcing was not supposed to be as rampant as we are seeing now.”

2. October 3, 2017 – Looters through sole sourcing will not be spared – Hon. Adwoa Safo Minister of State in Charge of Public Procurement

Former Minister of State in Charge of Public Procurement – Hon. Sarah Adwoa Safo issued a public notice to Public Servants to be wary of the Public Procurement Act with particular reference to sole sourcing (single-sourced) under the leadership of President Nana Akufo-Addo era where state looting through the abuse of such methods is “now a thing of the past as all efforts are being made to investigate and bring closure to some of these issues”. “I must sternly warn that whoever will be found culpable will be dealt with in accordance with the law,” Hon. Safo emphasized.

3. November 21, 2016 – Ghana Loses $2bn In Sole-Sourced Contracts

The Danquah Institute, a public policy research centre, has painstakingly undertaken due diligence on a number of public procurement contracts awarded on either sole sourcing or restrictive tender basis since 2010, involving over GH¢12 billion (US$2.96 billion in nominal terms). Our findings suggest that an estimated 65% savings could have been made if those deals were subjected to competitive tendering. That translates into GH¢7.8 billion savings in public funds, equivalent to US$1.93 billion, nominally.

 As I reflect on the above, I’m reminded by Bob Marley’s song:

 As a man sow, shall he reap,

And I know talk is cheap. 

But the hotter the battle

A the sweeter Jah victory – Bob Marley, September 1975

What is the internal culture and ethics of Adjaye Associates?

Great firms thrive on great internal ethics and culture. Many corporate gurus believe that internal culture drives the ethics of many conglomerates. It basically sums up ideas, beliefs and values for staff, working environments and how business is procured. So, it is expected that even if the political leadership missed the opportunity to respond positively to our procurement processes and laws. His team will step in with the needed structures to pull the plug if need be.  Did his legal aides investigate to find out if the project had gone through the legal procurement process? Or did he just welcome a project handed to him because after all, it was an opportunity for more accolades and money?

Again, this is not the first time Ghanaian Architects have complained about David Adjaye and the mode of securing projects. In one of his responses, he proverbially told Ghanaian Architects on 3FM that “…if you have a big fish in a small pond, you will have to grow your body too”. Ghana is a small pond indeed.

What is the internal culture and ethics of local consultants on the project?

The project information published lists, local consultants. Many, of whom I know personally, are leaders in the building industry. Leadership should eschew the spirit of morality at both the individual or community level. Some of these Architects and Engineers complained in the era when the Jubilee House (now Flagstaff house) was built. They complained when the National Cathedral was designed. They complained when the Marine Drive was awarded to David Adjaye and Associates. What has changed? These leaders are those who should be at the helm of insisting on compliance with the law and making sure that projects are distributed fairly. For very simple reasons; projects such as these can be used to even build the capacity of younger architects and engineers.

Is David Adjaye’s design Philosophy that original?

As mentioned earlier, the Estate Department of Ghana Health Service has in their custody model designs of District Hospitals, some of which have been built. The form is quite simple; a spine for circulation and appendages that spring out of the spine into functional various areas; wards, surgical theatres etc. Indeed, there are aerial photographs of hospitals built in various places in Ghana. Mr Adjaye has stated in his write-up to this design that the philosophy behind the concept is a crocodile in form. Many of us doubt this. We expect something more extraordinary and original from him and this should be interrogated dispassionately. Of course, as alluded to earlier, the existing district hospital designs could have been reviewed, specifications upgraded and costed for implementation. If we have this already in our kitty the next question would be whether there was a need to pursue the redesigning worth huge sums of money when Ghana is in dire straits?

Where was David Adjaye when the National Infectious Center was executed for free?

At the height of the covid 19 pandemic in Ghana, as infections rose and hospitals were getting filled up, Ghanaian Architects, Engineers and Quantity Surveyors stood up to help. Together Built Environment Professionals designed and built the National Infectious Disease Center. We recall how the private sector showed up and financed this project to completion in record time. The project was hailed by peers from other countries. e.g., soon after this, the Indian Institute of Architects reached out to speak to the architects of the project.

One value Ghanaians cherish is benevolence and the Built Environment Professional lived up to this value. In the true Ghanaian spirit, we opened our palms and gave to mother Ghana. Yes, we did…for free.

We would have been elated to have Adjaye join the team, to share some of his “Big Fish” high valued service to support the Ghanaian Tax Payer.

Grow Ghana

In conclusion, we want a bold statement from the Ghana Institute of Architects and Ghana Institution of Engineering who are at the forefront of this fight to strengthen local expertise. We also want a statement from our Political Leadership to confirm that they stand with us in the obedience of the law or would they rather go “heathen?”. – The choice is theirs. I firmly believe in the wealth of expertise in Ghana and advocate that nobody can better build this country than us. I also know that growth can be strategically intentional, not just through competition. Sometimes one needs to do conscious hand-holding.

God bless our homeland Ghana.

Tony Asare | August 22, 2021

Source: https://gongonbeater.com/articles/66/agenda+1+to+111

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