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Procurement laws to be reviewed

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Recently in Kariba

THE transformation of the State Procurement Board (SPB) has long been identified as the panacea to the procurement-related challenges that are rocking the country.
The SPB had been under fire for incompetence, a general lethargy and corruption in awarding tenders.
In 2014, several cases of corruption were unearthed by the media after the SPB had awarded tenders to undeserving companies and individuals.
Prior to these shocking revelations, there had been calls to revamp the procurement authority, but these seemed to fall on deaf ears.
But in November last year, Government sacked the then SPB executive chairman, Charles Kuwaza, in a shake-up that was meant to restore normalcy at the beleaguered procurement entity.
Kuwaza was reportedly fired through an October 30 2015 letter that gave him until December 31 to wind up business.
On November 10 last year, President Robert Mugabe announced a new board in a Government Gazette and ordered Kuwaza to vacate his office in central Harare.
Headed by Buzawani Mothobi, a career diplomat, the board also includes former envoy to the United Nations Boniface Chidyausiku, retired soldier Joseph Mhakayakora, William Kurebgaseka, Chinhoyi University lecturer and procurement expert Michael Musanzikwa, Zimbabwe National Chamber of Commerce president Davison Norupiri, chairman of the Engineering Council of Zimbabwe Martin Manhuwa and industrialist-cum-educationist Ntombenhle Moyo.
Kuwaza, a senior civil servant, previously served as Treasury permanent secretary.
Following the explosion of the ‘salarygate scandal’ early in 2014, Kuwaza was reported to have been under investigation for tax evasion and for a case relating to the awarding of a US$180 million solar tender to a Chinese company despite its failure to meet specifications.
Government then swiftly moved in to use a ‘fine-toothcomb’ regarding all tenders awarded by the SPB in the past few years.
The cases are still being looked into, together with a proposed new law which will, among other things, decentralise purchasing to procurement management units in Government departments, parastatals, State-owned enterprises and local authorities in far-reaching reforms meant to ensure efficiency and quality service delivery.
The new law is expected to come into effect before year-end.
The SPB will be transformed into a regulatory authority that will be responsible for monitoring how ministries, parastatals and entities conduct their procurement processes.
The changes are contained in the Procurement Amendment Bill.
Speaking during a two-day media workshop in Kariba last week, senior procurement executive in the Office of the President and Cabinet (OPC), Nyasha Chizu, outlined the role of the Procurement Authority of Zimbabwe.
“The Authority will be chief Government advisor on procurement and it will be responsible for recommending amendment(s) to the public law and setting standards and issuing guidelines,” said Chizu.
“The Authority will also be conducting training and professional development, establish an independent review mechanism, monitor and supervise procuring entities and refer contraventions to enforcement agents.”
Chizu said the review of the Procurement Act was in line with Section 315 of the Constitution which decentralises procurement.
He said the SPB will no longer review tenders, as there would be an executive review before the awarding of the tender by a team involving the Accountant-General, Auditor-General, Attorney-General and a representative from public works.
“In the case that the units fail, the licence is withdrawn,” Chizu said.
“There is also licensing of procurement personnel. Under the current legislation, a procurement person is fired from one organisation and gets a higher job in another organisation.”
Solomon Mhlanga, senior principal director in the OPC, said the proposed reforms would transform the SPB into an authority responsible for setting standards and guidelines, as well as performing a monitoring and evaluation role over procurement.
“We expect the Bill to be gazetted and presented to Parliament by next week,” he said.
“We expect the Bill to be assented to by President (Robert Mugabe) before the end of the year.”
Mhlanga, who is in charge of public sector modernisation, performance management and state enterprises, said parastatals and state-owned enterprises would become more accountable, hence, improving service delivery.
In February last year, Government also announced that the SPB had been stripped of its powers to award tenders over a raft of corrupt tendencies by members of the board.
It is our hope that the new measures will result in transparency, accountability and professionalism by the tainted procurement authority.

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