Ultra vires cry

Word is that a high-ranking official overseeing a key energy agency is quietly clearing the runway for a competitive bidding round involving a prized mining and power contract, one long associated with a dominant business conglomerate that has held the ground for decades.

The official has told the public that “many” companies will compete, but insiders tell Nosy Tarsee that no serious challenger has stepped forward, except the giant running a blitzkrieg domination of the industry.

The real story, sources told Nosy Tarsee, is about how the rules of the game are being rewritten behind the scenes.

Nosy Tarsee’s insiders say the guidelines contain language that could be read as quietly overriding a decades-old law that has long governed how these contracts are awarded and how existing rights are protected.

Legal minds who’ve reviewed the draft call this a serious overreach, an executive-level document attempting to do what only legislation can do.

If an agency’s internal guidelines can rewrite statutory rights through the back door, they warn, it isn’t regulation anymore; it’s ultra vires, plain and simple.

There’s also talk that the same official has moved to sideline a state-owned exploration arm from even joining the fray, ensuring the field stays clear for the private favorite.

A team of lawyers, Nosy Tarsee hears, is already sharpening pencils, ready to challenge the guidelines the moment they’re finalized.

Their argument won’t be about resisting competition — it’ll be about defending the principle that administrative issuances cannot amend existing law or disturb settled contractual and property rights.

The concern industry watchers keep repeating: bidding rules should be clear, consistent and applied equally to all comers, not tailored, however subtly, to favor anybody.

Nosy Tarsee would like to see who blinks first: the official pushing the guidelines or the lawyers waiting in the wings.