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MPOX AU CAMEROUN : LE MESSAGE FORT DU MINISTRE DE LA SANTÉ À DOUALA

LE CONTRAT MINFI-SGS DE SCANNING AU PORT DE DOUALA:UN DOSSIER AUX MULTIPLES ZONES D’OMBRE

Worldcom Media Group62314 mins

Entre absence de traçabilité, non-respect apparent des procédures légales et prolongement du contrat sans transparence, le dossier SGS au Port de Douala reste entouré de zones d’ombre. Les clarifications attendues pourraient non seulement éclairer l’opinion publique, mais aussi ouvrir la voie à une action de l’État pour rétablir la légalité et la transparence dans la gestion de ce partenariat stratégique.
Les ministres actuels des Finances Louis Paul Motazé et des Transports Jean Ernest Alphonse Massena Ngalle Bibehe affirment que le contrat signé le 2 mars 2015 entre El Hadj Alamine Ousmane Mey, alors Ministère des Finances et la Société Générale de Surveillance (SGS) pour la mission de scanning au Port Autonome de Douala s’inscrit dans le cadre du Programme de sécurisation des recettes douanières – Nouvelle Génération (PSRD-NG).
Il s’agit d’un partenariat public-privé de type Build-Operate-Transfer (BOT), SGS devait financer, acquérir, installer et exploiter quatre scanners à rayons X, avant de transférer les équipements à l’État en fin de contrat.
Seulement, le processus de désignation de la SGS est entaché de graves irrégularités. Au moment de la signature, le régime des partenariats public-privé (PPP) était régi par la loi n°2006/012 du 29 décembre 2006 et ses décrets d’application. Cette loi imposait des principes clairs : liberté d’accès, égalité de traitement, transparence et concurrence. La sélection du cocontractant devait passer par un appel public à la concurrence, une présélection, un dialogue de préqualification et une adjudication. Le contrat devait être attribué à l’offre économiquement la plus avantageuse. Ce principe de libre concurrence a été violé. Il n’y a aucune trace d’un appel d’offres, d’un appel à candidatures ou d’un appel à concurrence. La SGS a été désignée de manière arbitraire, sans aucun justificatif. Ce contrat semble avoir été signé en marge des règles établies, sans justification claire: gré à gré, commission spéciale ou instruction supérieure.
De plus, le Conseil d’Appui à la Réalisation des Contrats de Partenariat (CARPA), qui est l’organisme expert chargé de l’évaluation des projets éligibles aux contrats de partenariat, n’a pas été associé à la procédure de désignation de la SGS. C’est une violation flagrante de la loi. Le Conseil d’Appui à la Réalisation des Contrats de Partenariat (CARPA), placé auprès du Premier ministre, devait jouer un rôle central : expertise, évaluation de faisabilité, participation aux négociations et suivi de l’exécution. Son avis conforme était indispensable pour valider tout contrat de partenariat. Pourtant, les rapports annuels du CARPA ne mentionnent nulle part la SGS, ce qui laisse penser que son implication a été contournée.

LES OBLIGATIONS INITIALES BAFOUEES

Le contrat signé entre le Ministère des Finances et la Société Générale de Surveillance (SGS) imposait l’installation de quatre scanners portuaires avant le 31 décembre 2015. Cette clause constituait une obligation ferme, assortie de conditions de maintenance et de conformité aux normes internationales. Or, le quatrième scanner n’a été installé qu’en 2022, soit sept ans après l’échéance prévue. Ce retard manifeste constitue une violation des principes de bonne exécution des contrats de partenariat public-privé (PPP), tels que désormais encadrés par la loi n°2023/008, et par la loi n° 2006/012 du 29 décembre 2006 en vigueur au moment de la signature du contrat. La SGS soutient que le quatrième scanner n’ayant été installé qu’en 2022, la période contractuelle ne commencerait qu’à cette date, prolongeant ainsi le contrat jusqu’en 2032. Cette interprétation est juridiquement contestable. Car, la lecture du contrat et les dispositions de la loi OHADA rappellent que l’obligation d’installation avant fin 2015 était ferme, assortie de prescriptions de maintenance et de conformité aux normes internationales et que le retard de sept ans constitue un manquement contractuel majeur. Encore que dès 2015, la SGS a assuré le scanning, facturé les usagers et généré des revenus substantiels. En droit positif, la perception d’une rémunération vaut commencement d’exécution. La concession de dix ans doit donc être considérée comme ayant débuté en 2015.
De plus, durant cette période, l’entreprise a continué à exploiter les scanners, facturant les usagers et générant des revenus sans jamais invoquer la force majeure ni adresser de mise en demeure à l’État. Cette exploitation ininterrompue vaut commencement d’exécution du contrat, selon les principes du droit OHADA.
Si la lecture du contrat par la SGS est défendue par certains responsables politiques notamment des ministres réputés aux petits soins de la société suisse, dont le Premier ministre Joseph Dion Nguté, au nom de la sécurité juridique des investissements étrangers. Si le contrat prévoit que tout litige soit porté devant la Chambre de commerce internationale à Paris, avec renonciation de l’État camerounais à son immunité de juridiction, il convient de rappeler qu’en droit, nul ne peut se prévaloir de sa propre faute : le retard d’installation ne saurait justifier une prolongation artificielle du contrat. La loi sur les PPP impose le respect strict des délais et interdit toute interprétation qui viendrait récompenser un manquement contractuel.

EXPLOITATION ANTICIPEE ET PERCEPTION INDUE DE REVENUS

Les revenus engrangés par SGS entre 2015 et 2022 sont également au centre de la polémique. Si la SGS maintient que le contrat n’a débuté qu’en 2022, elle doit restituer les revenus perçus entre 2015 et 2022.
Si la SGS continue à prétendre que la durée contractuelle fixée à dix ans débute à compter de la mise en exploitation effective du dernier et quatrième scanner en 2022, alors, les responsables en charge de l’évaluation des projets éligibles aux contrats de partenariat, estiment que si l’on considère que le contrat n’avait pas encore débuté en 2015, les sommes perçues jusqu’en 2022 évaluées à près de 26 milliards devraient être restituées à l’Etat du Cameroun. Conserver ces revenus tout en niant l’exécution du contrat serait un détournement de fonds publics.
Entre 2015 et 2022, SGS a exploité les scanners déjà installés, facturant les usagers et générant près de 26 milliards de francs CFA de revenus. Si l’on considère que le contrat n’avait pas encore officiellement débuté, ces sommes relèvent d’une perception indue assimilable à un détournement de fonds publics.
La loi n°2023/008 sur les PPP prévoit un partage transparent des risques et des bénéfices, ce qui n’a manifestement pas été respecté.

LA REPARTITION DES ROYALTIES

L’instruction ministérielle de Louis Paul Motazé de mars 2021 fixe la répartition des royalties issues du contrat de la mission de scanning de la SGS au Port Autonome de Douala ainsi qu’il suit : Douanes 75 %, Trésor 10 %, Comité de suivi 5 %, et divers cabinets et divisions du MINFI pour un total de 10 %. Ces royalties sont ventilées vers des personnels déjà rémunérés par l’État, sans qu’aucun texte légal ou réglementaire ne fonde cette distribution, et ceci pour des prestations qu’ils n’accomplissent pas.
Cette instruction ministérielle contrevient aux principes de transparence et de bonne gouvernance imposés par la loi sur les PPP, qui exige que les flux financiers soient encadrés et contrôlés par les organes compétents. Comme à l’époque de la loi n°2006/012 du 29 décembre 2006 et ses décrets d’application en vigueur au moment de la signature du contrat, les contrats de partenariat public-privé au Cameroun sont régis par la loi n°2023/008 du 25 juillet 2023 qui encadre strictement la conception, le financement, l’exploitation et la rémunération des projets. Nulle part cette loi comme la précédente n’autorise la redistribution de royalties à des fonctionnaires pour des prestations qu’ils n’accomplissent pas. Le versement de ces sommes via la Trésorerie de Yaoundé 2 constitue une pratique dépourvue de base légale et doit être contrôlée par la CONAC, la Cour des Comptes, l’ANIF et le CONSUPE.
Il est temps de mettre fin à la corruption et aux manquements à la réglementation qui ont entaché ce contrat. Le peuple camerounais attend des réponses et des sanctions.

GMM

623 thoughts on “LE CONTRAT MINFI-SGS DE SCANNING AU PORT DE DOUALA:UN DOSSIER AUX MULTIPLES ZONES D’OMBRE”

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