Cabinet approves public procurement law amendments

Harare (New Ziana)-Cabinet on Wednesday approved the amendments to the country’s public sector procurement law, expected to address shortcomings noted in the current law, Information, Publicity and Broadcasting Services Minister Monica Mutsvangwa said.

In a post Cabinet media briefing, Mutsvangwa said there were many aspects that were not promoting the principles of transparency, accountability, public confidence in public procurement and the disposal of public property in the existing procurement law.

“Cabinet considered and approved the principles for the Amendment of the Public Procurement and Disposal of Assets Act, Chapter 22:23 which were presented by Honourable Vice President and Minister of Health and Child Care.

“Cabinet noted that among other objectives, the Act provides for the control and regulation of public procurement and disposal of public assets to ensure that it is transparent, fair, honest, cost-effective and competitive.

“However, the Act in its current form does not sufficiently provide for capacity building of staff employed in public procurement roles, hence the often unsatisfactory compliance which undermines the integrity of public procurement processes.,” she said.

The Public Procurement and Disposal of Public Assets Act was passed into law in 2017 and came into effect in 2018 as part of government’s public financial management reforms.

According to proposed amendments, the auditor-general, Mildred Chiri, would be removed from the Special Procurement Oversight Committee which scrutinises procurement contracts, due to conflict of interest.

“Accordingly, Cabinet agreed that the Auditor General be excluded from the membership of the Special Procurement Oversight Committee. This is because one of the Auditor General’s functions in terms of section 309 of the Constitution is to audit the accounts, financial systems and financial management of all departments, institutions and agencies of Government as well as provincial and metropolitan councils and all local authorities,” she said.

Mutsvangwa said it was also agreed that the Chief Executive Officer should not serve as secretary to the Board of the State Procurement Oversight Committee.

“The Board should instead appoint a suitably qualified, competent and experienced Company Secretary capable of maintaining a professional relationship with members of the Board. The amended Act will also provide for innovation and technological advancements in pursuit of international best practice,” she said.

On Disposal of Assets to Employees, Cabinet noted that there was a loophole in the current Act which leaves room for close family members to manipulate the disposal of public assets.

“Accordingly, persons meeting the definition of “close family members” will now be disqualified from procuring public assets being disposed of, in order to promote fairness.

“Cabinet also agreed that quotas be given to women, war veterans, youths and people with disabilities and other disadvantaged groups,” she said.
New Ziana