Kubaneishvili Did not Have Right to Be Head of Competition Commission

Trial on Public Broadcasting was postponed several times artificially

Irina Chochua

“Sigma Plus Ltd” brought suit to the Administrative Collegium of the Tbilisi City Court against Public Broadcasting on February 27, 2009. The suitor requested to annul the results of the competition that was held in September of 2008. Although there was no legal reason for hindering the trial, the process was postponed several times artificially. Lawyers from the NGO “Article 42 of the Constitution” Meri Japaridze and Manana Kobakhidze represented “Sigma Plus Ltd” at the court.

In 2008 Sigma Plus took part in the competition of the PB and they submitted projects “Etalon” and “Great Perspective.” The announcement on the competition did not indicate on the educational-cognitive direction of projects; consequently, the Ltd submitted the application on free offer and passed first stage of the competition. However, the members of the jury declined the projects of the Sigma Plus. The commission clarified in its decision that prices of submitted projects did not comply with the financial ability of the purchaser.

“Sigma Plus Ltd” studied competition materials and found out that PB breached the Law of Georgia on Purchases. More precisely, Levan Kubaneishvili, director general of the PB did not have right to be chairperson of the commission and to take part in its activities because of Company TBC TV which also took part in the competition. Levan Kubaneishvili was director and one of the founders of this company before he occupied the position of the director general of the PB. Consequently, he had conflict of interests and should not have occupied the position of the chairperson of the commission. According to the Law on Purchases a member of the commission shall not be a person who worked for the participant company during the previous three years. Levan Kubaneishvili had quitted TBC TV only 6 months before the competition.

“When we raised the question about this violation, representative of the legal office of the PB told us they had overlooked this circumstance. Based on the law we requested to annul the decision of the commission but the PB did not satisfy our request. After that we appealed to the Administrative Collegium of the Tbilisi City Court,” said Manana Kobakhidze.

Both suitor and defendant provided the Administrative Collegium of the Tbilisi City Court with all documents and materials of administrative activities. Manana Kobakhidze thinks the court had all legal grounds to start process on the same day and annul the competition results.

Second request of the suitor was to announce new competition with new members of the commission. However, judge Nino Oniani deliberately raised new initiative – she decided to involve all those people or private studios in the case discussion as third persons who took part in the competition. The judge clarified that in doing so they would avoid violation of other participants’ rights.

“It was absurd because if any of participants had any legal interest, could sue and this process could not breach their rights. If court had annulled the commission decision, every participant could participate in the competition again. It is public process and consequently, ongoing trials could not breach their rights. I think the initiative of the judge aimed to prolong the process since the number of third persons reached several tens,” said Manana Kobakhidze.

Second motive for postponing the trial was illness of the judge. And the third trial coincided with the summer vacations so the hearing was postponed for unidentified time. Currently, the lawyers of the Article 42 of the Constitution do not know exact date of the next trial.

“The agreements that were signed between the PB and participant companies in 2008 had their deadlines. The agreements were signed for one year and they expire in August, 2009. I doubt the judge prolongs the process for this reason. After the agreements expire the argument will have no sense because the TV Company will start new competition. Nevertheless, this process is very important. Why was the short budget of the “Etalon” unacceptable for the PB while they paid several hundred thousands of GEL for the projects of TBC TV? We should prove through the court that the members of the commission were elected illegally. Besides that, the precedent of regulating the ongoing process in PB with the support of court shall finally be established,” said Manana Kobakhidze.

On the same topic:

“Board of Trustees Voted for Corruption”

Giorgi Chanturia was elected the new Director-General of Georgian Public Broadcasting 

Three Candidates will compete for the position of the Director-General of the General Public Broadcasting [the “GPB”