Two verdicts in SAMIR cases fell a few days ago, one from the commercial court and the other from the Casablanca Court of Appeal: the sale of 400 tonnes of butane product will be for the benefit of Vivo Energy and the confirmation of the financial penalty of DH 37 billion. Things are getting tough for the only refinery in the Moroccan kingdom …
“This operation of the sale of 400 tons of butane product was authorized by an order dated April 26 of the judge-commissioner in charge of the judicial liquidation of the Moroccan limited company of the refining industry”, we told us. we confirmed on the side of Vivo Energy.
In the meantime, the green light from the Commercial Court for the sale of other products, several SAMIR unionists are rebelling. Indeed, according to Lhoussein Lyamani, General Secretary of the national union of oil & gas industries affiliated to the CDT, this is not good news in itself.
“This news, which may seem good, turns out to be rather ominous. As the company needs money and everything that is deliverable is in stock, the solution was to proceed with the sale so that we could just pay our employees mainly. Otherwise it is not with this type of solution that we will get out of the panade. Finally, it is as if we are selling our clothes or even the gas stove on which we cook for lack of means to survive during a period of lean cows ”, explains to Hespress Fr, this president of the national front. of the defense of SAMIR, specifying that: “We have arrived at a dramatic situation which requires specific measures and not patchwork!” Our wishful thinking and for which we never cease to campaign, is the resumption of normal activity of the company ”.
And to continue: “We are on the verge of extinction. At the start, we were close to 1000 and currently we have 620 employees. The majority have retired, while some have found better and others worse. And the rest are the resistance fighters who believe in society and who hope for a recovery and above all a future ”.
According to him, it is this spirit of belonging of several decades that makes the company for them like a kind of family affair.
Two feasible, easy and clear options
Also, in the opinion of the SAMIR staff representative since 1997, solving the SAMIR problem is not impossible. “The company is in compulsory liquidation. His keys are on the commercial court table. There are therefore two currently feasible, easy and clear options for getting the company out of court. Firstly, there are the investors who are interested in buying SAMIR and its resumption of activity “, confides this member of the national council of the CDT before revealing in this regard:” I know these investors and they are ready to pay ruby on the nail all the debts of the company. However, they have a legitimate fear: what is the future of the oil sector, and precisely what is the future of the refining industry in Morocco? To this question, the court is not entitled to answer. Because it is not its responsibility but that of the executive power which is the government. And the latter does not answer them and worse still, it repels and scares investors! “.
As for the second scenario, Lyamani, who is deeply involved in the management of Samir, mentions that legally speaking, nothing prevents the State from expressing its desire to buy SAMIR from the commercial court.
“Moreover, several countries like the USA, England, France … and which are more developed than us in terms of liberalism and privatization, have saved private sector companies”, he indicates, recalling that “A bill was submitted to parliament by them and that it was even supported by several political parties and union representations. This is the transfer of the Samir for the benefit of the State. For there is the law of obligations and contracts stipulating that the property of the debtor is the property of the creditor. Clearly, SAMIR’s assets are a common pledge of creditors and among them, there is the State, public money ”.
And to make known: “As long as SAMIR and its former director general, Jamal Baamer, prosecuted for customs offenses, will have to pay more than 37 billion dirhams to the state coffers, following the confirmation Monday April 26 by the Casablanca Court of Appeal of the judgment rendered two years ago at first instance, we will no longer speak of the 60% of public money in the debts of the company. In short, the State, which represents public money, will owe 90% of the debts to SAMIR. This means that if the State offers 10% of the transfer value of SAMIR, the court will have the right by law to sell it to it. It’s clear and clean ”.
However, for Professor Ahmed El Hajjami, it is neither so simple nor clear.
The State cannot renationalize SAMIR
“The case is in the hands of justice. A legal solution is required, such as a rental management or transfer to private persons. Otherwise, the State cannot renationalize SAMIR. Of course, he can possibly submit a request to the court to be the purchaser, it is a possible way, but many constraints remain. The State cannot be judge and party “, explains this professor at the FSJES of the Mohammed V Rabat-Souissi University, specifying that” If the State interferes in the SAMIR affair, he will be accused of intervene for the benefit of a company at the expense of others. There has to be some form of legal intervention. There is not a legal framework which allows the State to intervene in favor of companies in difficulty as in France. This country can do so at regional and national level through the Intervention Center for the benefit of companies in difficulty. We therefore need this kind of center that can bring together the efforts and resources of the State and the region of greater Casablanca as well as local communities and the Ministry of the Economy ”.
And remember that the State generally intervenes to bring relief through agreements and framework contracts, as what happened with RAM, Soread or with Sonasid in Nador and the minerals of Jerada. Thus, Hajjami has a clear and categorical opinion: “The state cannot help with taxpayers’ money a private company which has been badly managed, but it can nevertheless become a tenant-manager or only acquire a part as it has. several activities … Also, it is clear that the value of all SAMIR assets, estimated today at 19 billion dirhams against 21 billion in 2017, continues to decrease … “.
For his part, LHoussein Lyamani emphasizes to us that if the State does not want to own the Samir, it can nevertheless introduce it on the stock market, resell it to a consortium… “One thing is nevertheless certain: the common point between the two the aforementioned scenarios of the cession to the private sector or for the benefit of the State, it is the absence of the political will, ”he believes, regretting that with the current government, there is no way out. favorable to their problem.
And to fear other greater catastrophes to come because of article 47 of the Constitution which risks posing a problem with the pjdists and their perpetual false management and maneuvering of important files in the country, while concluding with regard to the SAMIR that there is a colossal daily financial loss and therefore a squandering of national wealth because of the stick in the wheels of the current Executive.