Documents: How Teacher Unions allegedly signed “thievery” laptop deal for teachers

Leadership of Teacher Unions (CCT-GH, GNAT and NAGRAT)
Leadership of Teacher Unions (CCT-GH, GNAT and NAGRAT)

The alleged “biggest, controversial and scandalous deal” causing a nationwide unrest among Ghananian teachers over government’s “One Teacher One Laptop Initiative” has been exposed.

This rot described by teachers as “thievery” has been uncovered in a Memorandum of Understanding allegedly endorsed on 13th November, 2020 between the three major Teacher Unions thus: the Ghana National Association of Teachers (GNAT), National Association of Graduate Teachers (NAGRAT) and Coalition of Concerned Teachers Ghana (CCT-GH), the Ministry of Education and a tech company.

The action of these Teacher Unions remains unclear and cast doubt in the minds of their members (teachers) as they signed what teachers have generally described as “thievery” Memorandum of Understanding without the consent of the very members they preside over.

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One shocking aspect of the MoU is the conflicting cost of the laptop which keeps changing astronomically and miraculously until the exact unit cost of the laptop (GH¢1,550) including all applicable taxes and charges as contained in MoU has been exposed.

There is an obvious contradiction between the number of laptops to be distributed. The President of the Republic quoted 280,000 laptops and the Vice-President quoted 350,000 laptops during the launch of the laptop. How can one contract have different figures?

CHECK FACTS FROM THIS ARTICLE: “One Teacher One Laptop”: Gov’t hands over 350,000 laptops to GES, MoE for distribution

According to the two minor Teacher Unions thus; Innovative Teachers and All Teachers Alliance Ghana (ATAG) who first exposed the hiding secret about the laptop contract through a court action said, the price of the laptops keeps changing like a chameleon. With reference to GES Press Release dated 9th September, 2021 the price of the laptop was GH¢1,831.47 and its 30% was GH¢549.44 for teachers.

Though, the above was affirmed by the NAGRAT President Mr. Eric Angel Carbonu in a press statement after his radio interview, the Deputy Minister of Education Rev. John Ntim Fordjour has quoted a different unit cost of the laptop in a different interview which created more doubt in teachers.

READ MORE FROM THIS ARTICLE: [Hot Video]: Dep. Education Minister reveals new cost of Laptops for Ghanaian teachers

READ MORE: NAGRAT President exposed over “One Teacher One Laptop” in a hot video; An extortion or a mistake?

According to the angry teachers, it’s clears to them that, their leadership (GNAT, NAGRAT and CCT-GH) have conspired with the Ministry of Education and the K.A Technologies Ghana Limited to inflate the cost of the laptop in order to enrich themselves at the expense of their beloved members who are struggling to survive on the meager monthly salaries.

The MoU intercepted by Coverghana.com.gh was approved between MINISTRY OF EDUCATION – an organ of State duly established under the laws of the Republic of Ghana, with its address at Ministry of Education, K Block Ground Floor, P.O. Box M45, Ministries- Accra Ghana of the first part;

TEACHER UNIONS represented by the Ghana National Association of Teachers (GNAT), National Association of Graduate Teachers (NAGRAT), and Coalition of
Concerned Teachers (CCT) of the second part; And

K.A TECHNOLOGIES GHANA LIMITED a limited liability company incorporated under the laws of Ghana with its office HP Nyametei F809/11 Lane Osu, Accra (hereinafter referred to as ‘KAT Ghana”) of the third part.

According to the MoU, the Parties shall together be referred to Parties and individually as Party.

Whereas:

a. K. A TECHNOLOGIES GHANA LIMITED (hereinafter referred to as KAT Ghana) is a technology company engaged in development and sale of technological and
innovative programs and equipment for delivery of innovative educational services.

Video: CCT President, King Ali explains why teachers need the TM1 laptop

b. TEACHER UNIONS is desirous in improving the capacity and productivity of its members by leveraging information communication technology in teaching and learning for all their 280,000 members. In pursuit of the above objective intend to procure the 280,000 pieces of laptop.

c. MINISTRY OF EDUCATION to support the above objective intend to partly finance the 280,000 pieces of laptop together with technical, training in the use of the customized laptop and virtual teaching programs from KAT Ghana for the members of the Teacher Unions.

d. KAT GHANA intends to Supply the required customized laptops to the Ministry of Education for its members and provide the technical training in the use of the devices and other virtual training devices to meet the objective above.

e. KAT GHANA and TEACHER UNIONS have agreed to work together towards the acquisition and supply of the required devices and the technical training required for the improved physical and virtual teaching ana learning of their members.

Ministry of Education debunks claims that laptops for teachers are inferior

f. The Parties have agreed to execute a Memorandum of Understanding (“MOU’) to govern their current relationship in accordance with the terms below

NOW THEREFORE, in consideration of the above, the Parties agree as follows:

1. INTERPRETATION

a. The recitals form part of this MOU and shall have the same force and effect as if set out in the body of this MOU.

b The headings are inserted for convenience only and shall not affect the construction of this MOU.

2. SCOPE

The purpose of this MOU is to set out the terms of co-operation between the Parties in respect of the acquisition and supply of two hundred and eighty thousand (280,000) customized laptops and provision of technical training in the
use of the various information communication technology and virtual devices to be supplied pursuant to this MOU for all members of the Teacher Unions.

3. OBLIGATIONS OF PARTIES

a. KAT Ghana shall supply two hundred and eighty thousand (280,000) pieces of customized laptops to the Teacher Unions for its members in three equal
terms within 12 months period

b. Provide free aftersales service and maintenance within the warranty period two (2) years after the supply.

C. The financing of the laptops will be through a cost sharing under which Teacher Unions through its members will contribute 30% and the Ministry of Education shall contribute 70% of the cost of the supply of the equipment and training.

d. Ministry of Education shall pay 30% mobilization towards the total cost of quantity to be delivered within the year.

e. Teachers Union shall take delivery of the devices supplied and inspect them to ensure compliance with the agreed specification and unless otherwise agreed distribute to its members at its cost.

f. Teachers Union will provide the list of all members required to be trained pursuant to this MOU in accordance with the schedule of training to the Ministry of Education.

g. KAT Ghana will supply laptops to the exact specifications as agreed in Schedule 1 of this MoU. Further, the Teachers Union will be responsible for ensuring that the quality of the laptops supplied by KAT Ghana matches their agreement with KAT Ghana. In case of any dispute, the Ministry of
Education shall not be held responsible.

4. DURATION

This MOU shall come into force on the Effective Date and shall remain in force until the supplies contemplated are completed, unless otherwise agreed by the
Parties and signified in writing.

5. TERMINATION

a. This MoU may be terminated by either Party, giving at least three (3) months written notice, upon the default by a Party, which default is not remedied by the defaulting Party within ninety (90) days of written notification to remedy same.

b. Either party may terminate this MOU by giving at least three (3) months notice in writing to the other Party.

6. EXCLUSIVITY

The Parties agree to deal exclusively with each other from the Effective Date in respect of the transaction contemplated and shall not, during the term of this MOU, circumvent or deal with third parties without the prior approval of the other Party.

7. COST OF SUPPLIES

a. The Parties agree that the total cost for the supply of the total quantity under clause 8, shall be Four Hundred and Thirty Four Million Ghana Cedis (GH¢434,000,000) at a Unit Cost of One Thousand Five Hundred and Fifty Ghana Cedis (GHC1,550) including all applicable taxes and charges.

b. Terms of payment which shall include not more than 30% mobilization shall be included in the Purchase Order issued pursuant to clause 9.

8. QUANTITIES TO BE SUPPLIED

a. The Parties agree that a total quantity of Two Hundred and Eighty Thousand (280,000) pieces of customized laptop shall be delivered over a one (1) year
period and per the Schedule 2 of this MoU.

b. The Parties agree that quantities stated above shall be delivered within 12months from the Effective Date or such other quantity as may be agreed and stated in the Purchase Orders.

c. Technical training shall be provided for locations to be agreed between the Parties.

d. The specifications of the customized laptop to be supplied shall be as provided in Schedule 1 to this MOU.

9. IMPLEMENTATION OF MOU

a. The Parties agree that the objectives of this MOU shall be implemented through the issuance of Contract with quantities of equipment required for to be delivered and the terms of payment and delivery.

b. The non-issuance of a Contract shall not prejudice the obligations to deliver or to accept and pay for such delivery as provided under this MOU.

10. CONFIDENTIALITY

a. The Parties undertake to keep all information shared pursuant to this MOU and associated with this transaction confidential.

b. Each Party undertakes that it shall not at any time during this Agreement, and for a period of two (2) years after termination hereof, disclose to any person any confidential information concerning the business model, proposals, affairs, clients or suppliers of the other Party/Parties or of any member of the group of companies to which the other Party/Parties belongs including for the avoidance of doubt the existence and content of this MOU, except as permitted under this clause.

C. Each Party may disclose the other Party’s confidential information:

i. to its employees, officers, representatives or advisers who need to know such information for the purposes of considering, evaluating and approving any financial arrangements or future contract(s) between the Parties. Each Party shall ensure that its employees, officers, representatives or advisers
to whom it discloses the other Party’s confidential information comply with this Clause.

ii. If such information has been lawfully obtained from a third-party source, free of any obligation of confidence (as can be reasonably demonstrated through written records or other written evidence);

iii. as may be required by law, court order or any governmental or regulatory authority or stock exchange; and/or

iv. with the express written consent of the other Party,

d. No Party shall use any other Party’s confidential information for any purpose other than for the purposes of considering, evaluating and negotiating the terms of the Contract.

11. BINDING MOU

a. This MOU is intended to create binding obligations in respect of the transactions and the terms provided herein contingent upon the approval from Public Procurement Authority.

b. The Parties acknowledge and consent that the reliance of the other Party/Parties on the terms and representations in this MOU and the transactions contemplated to order their business activities and effect their respective financial arrangements.

c. The Parties agree that this MOU shall upon execution constitute an offer and acceptance by respective Parties in accordance with the terms stated in this MOU and the issuance of Purchase Orders for implementation is only administrative and not a condition for implementation.

12. COUNTERPARTS

This MOU may be executed in any number of counterparts, each of which when executed will be an original but together will constitute one and the same agreement.

13. AMENDMENT

Any amendment to this MOU shall be in writing and shall be signed by both Parties.

14. GOVERNING LAW AND DISPUTE RESOLUTION

This MOU shall be governed by and construed in accordance with the laws of the Republic of Ghana and any dispute arising out of this MOU shall be, failing amicable resolution between the Parties be finally resolved by arbitration in
accordance with the arbitration rules of the Ghana Arbitration Centre by three arbitrators.

Each Party shall appoint one arbitrator with the two appointing the third, failing which the third shall be appointed by the Chairman of Ghana Arbitration Centre in accordance with their procedures. The venue of arbitration shall be Accra and the decision shall be final.

15. CHARGES AND LIABILITIES

Except as otherwise provided, the parties shall each bear their own costs and expenses incurred in complying with their obligations under this MOU.

b. Both parties shall remain liable for any losses or liabilities incurred due to their own or their employee’s actions and neither party intends that the other party/parties shall be liable for any loss it surfers as a result of this ‘MOU’

16. GENERAL PROVISIONS

a. Both Parties agree that neither this MOU nor the rights or obligations hereunder shall be assigned or delegated, in whole or in part to any other third party or entity without prior Written consent of the other Party/Parties.

However, both parties can assign the rights or obligation to its own subsidiary or an associate company. In addition, the Parties affirm that the mutual rights and obligation under this agreement shall at all times remain to that of the Parties or the assigned parties to this MOU

b. Each Party to this MOU represents that it possesses full power and authority to enter into this MOU and to perform its obligations hereunder and that the legal representative of each Party is fully authorized to sign this MOU.

c. If any provision of this MOU is invalid, unenforceable or prohibited by law, this MOU shall be considered divisible as to such provision and such provision shall be inoperative and the remainder of this MOU shall be valid, binding and of like effect as though such provision was not included herein.

d. Any notice or communication required to be given under this MOU shall be deemed to have been duly given to the party if delivered to the Party or to its lawful representative at the following address:

MINISTRY OF EDUCATION

Chief Director
Address:
Email
Telephone:

K.A. TECHNOLOGIES GHANA LIMITED

Name:
Position:
Address:
Email:
Telephone:

TEACHER UNIONS

Name:
Position:
Address:
Email
Telephone:

e. This MOU embodies the entire understanding of the Parties in respect of the matters contained herein and there are no promises, terms, conditions, or obligations, oral or witten, express or implied other than those contained in this
MOU.

This MoU does not constitute an employer/employee, principal agent, partnership or joint venture relationship between the Parties and neither Party is entitled to bind the other Party/Parties in any manner.

CLICK TO DOWNLOAD THE MEMORANDUM OF UNDERSTAND BETWEEN THE MINISTRY OF EDUCATION, TEACHER UNIONS AND K.A TECHNOLOGIES GHANA LIMITED

Read below, the full Memorandum of Understanding signed by the parties.

SOURCE: Coverghana.com.gh

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