Debts from the 2016 legislative campaign: PAICV bank accounts seized

The ACI filed a complaint against the PAICV with the Praia District Court, requesting that the largest opposition party be ordered to pay it the sum of 9,000 escudos, plus interest on arrears of 864,000 escudos, as well as interest on arrears until full payment is made. .

ACI claimed that, as part of its commercial activity, it designed and produced the PAICV's campaign for the 2016 parliamentary elections, the contracted value of which was budgeted at 20,000 escudos, plus VAT. In this context, payment terms were established which were not fully complied with.

Of the initial amount, according to the plaintiff, the first 30 and 40 percent (%) were paid, amounting to 8,000 escudos and 6,000 escudos, but "without the respective VAT being paid".

According to the complaint, the remaining 30% of the previously contracted price, corresponding to 6 thousand escudos, plus the corresponding VAT, was not paid, "despite several attempts to collect it". ACI also added that "no invoices were issued for the amounts paid because, contrary to the contract, the defendant made the payments without paying the respective VAT". .

Prescription and VAT

According to the ruling, the defendant, in this case the PAICV, through its lawyer Clóvis Silva, contested the accusation, claiming that the claim that ACI says it has against it "is time-barred". The PAICV also claimed that "it has no obligation to pay VAT, since it is not a taxable person and the obligation to issue an invoice and pay VAT falls to the plaintiff". .

But, according to the judgment, which A NAÇÃO had access to, it was proven - and "there is no doubt" - that a production contract was signed between the parties under which ACI provided the PAICV with design, production and airtime services, corresponding to the television space during the electoral campaign for the 2016 legislative elections.

"And, according to clause seven of the aforementioned production contract, the price freely agreed between the parties was in the form of 'VAT to be added', as opposed to 'VAT included'. This means that, in addition to the price of the services themselves, the defendant also undertook to pay the plaintiff the amount corresponding to the VAT legally due," the ruling emphasizes.

In view of the facts, the 4th Court of the Praia District Court ruled that the action brought by ACI was "partially well-founded" and ordered the PAICV to pay the plaintiff the sum of 6,000 escudos, plus VAT.

Old partnership

It should be noted that ACI, the company responsible for the Nha Terra Nha Cretcheu program and run by Maurício Carvalho, had been working for the election campaigns of the PAICV and its presidential candidates since 2001. It was only in 2016, in the run-up to the legislative elections led by Janira Hopffer Almada, that payment problems arose.

This case, which has now reached its conclusion, has been going on for almost 10 years. The NATION has tried to listen to the parties, but none have been willing to talk.

This weekly knows, however, that in view of the court's verdict, the PAICV leadership, namely its incumbent president Rui Semedo, intends to resolve the matter by abiding by the court decision.

However, until the case is resolved, the largest opposition party will not be able to move its bank accounts, this at a time when it is also awaiting, in this case from the Constitutional Court, the ruling on the suspension of the election of the party's president requested by its activist Jorge Lopes.