Public procurement not responsibility of PRAZ alone

Dr Michael Musanzikwa

THE year 2017 ushered in a new era of public procurement and disposal of public assets.

This is now provided for through the Public Procurement and Disposal of Public Assets (PPDPA) Act [Chapter 22:23] and the Regulations of 2018, which replaced the State Procurement Board (SPB) of Chapter 22:14 No.2/99.

The SPB was the administrative organ responsible for awarding and supervising procurement processes in the public sector.

The Procurement Regulatory Authority of Zimbabwe (PRAZ) is mandated to improve the procurement processes, which had become a thorn in the flesh for Government and other stakeholders through rampant issues of corruption and disservice to the economic growth of the country.

Its main objectives are:

1. a) to ensure procurement is effected in a manner that is transparent, fair, honest, cost-effective and competitive
2. b) to promote competition among bidders
3. c) to provide for fair and equitable treatment of all bidders, leading to procurement contracts that represent good value for money
4. d) to promote the integrity of, and fairness and public confidence in, procurement processes
5. e) to secure the implementation of any environmental, social, economic and other policy that is authorised or required by any law to be taken into account by a procuring entity in procurement proceedings. PRAZ, being a new broom, is expected to sweep more cleanly and to ensure public entities contribute positively to the national aspirations of the country. This is a mammoth task, which cuts across the entire public sector. The effective implementation of the PPDPA Act should be a collective responsibility and not be left to PRAZ alone.

There is need for concerted effort by all public entities — including ministries, departments and agencies (MDAs) — for realisation of this cause.

We should appreciate that the responsibility of committing public funds (procurement) is now in the hands of the entities, according to Section 14 of the Act, and PRAZ remains the regulator, as stipulated in Section 6 of the same piece of legislation.

Although entities might have different strategic objectives, their mandate will still be focused on contributing to the achievement of the national objectives of Zimbabwe, with the National Development Strategy 1 being an example.

This is because Zimbabwe’s resources are deemed to be the national cake, which must be shared equitably to all the citizens, and the public procurement function is the invisible instrument that must be adopted for this purpose.

Despite different strategic objectives by entities, PRAZ, as the regulator, has the duty to ensure the national cake is shared efficiently and effectively, according to the statutes, that is, the PPDPA Act of 2017 and the Regulations of 2018.

There is also need for involvement by civil society, economic sector actors, politicians and lawmakers in sharing and discussing proposals for potential game changers for public procurement in Zimbabwe. It is crucial to translate political ambition to institutional and national action. For instance, the recently held stakeholder workshop by PRAZ, in partnership with the United Nations Development Programme (UNDP), in Mutare was a move in the right direction to sensitise various stakeholders about the effective implementation of the PPDPA Act.

The workshop was attended by organisations from the Office of the Auditor-General (OAG), Office of the President and Cabinet, Parliament of Zimbabwe (PoZ), independent commissions, parastatals, Government ministries and regulatory authorities. The effective implementation of the PPDPA Act can be more successful if relevant stakeholders are involved collectively as explained below.

1. PRAZ provides a level playing field for the procurement process by ensuring that entities adhere to the PPDPA Act and Regulations.
2. Public entities initiate the procurement process, in line with the Act and the Regulations.
3. Parliament is there to ensure provisions of the PPDPA Act are upheld according to the Constitution of Zimbabwe (Sect 315) by all State institutions and agencies of Government so that procurement is effected in a manner that is transparent, fair, honest, cost-effective and competitive.
4. The Ministry of Finance and Economic Development is there to formulate a budget for funding Government activities through procurement.
5. The Auditor-General is there to ensure public entities are following the rules and regulations of the procurement Act and make recommendations for tabling or debate in Parliament.
6. Zimbabwe Anti-Corruption Commission is there to investigate and expose corruption, to promote honesty, and to take action as it considers appropriate.
7. The Zimbabwe Republic Police is there to investigate and arrest culprits if there are any reported incidents of fraud and corruption.
8. The Judicial Service Commission is there to convict and sentence the procurement offenders.
9. Universities and tertiary institutions, through research, are expected to produce a qualified and responsible procurement practitioner who will contribute to the country’s development and success.
10. Development partners such as UNDP are there to ensure that the best procurement practices are maintained by supporting the capacitation of the procurement practitioners.
11. The Office of the President and Cabinet (Procurement and Disposal of Public Assets) is there to oversee the functions of PRAZ and to offer a facilitative role in the procurement process with various stakeholders for the efficient and effective procurement process.

In a nutshell, the common thread among the mentioned stakeholders is the idea of ensuring that the objectives of public procurement are achieved for the benefit of Zimbabwe since procurement is a critical pillar for development.

Consequently, it is vital for every stakeholder to be a team player because, as citizens, we are all directly or indirectly involved in committing public funds. More importantly, our actions towards public procurement must be based on a positive attitude, collective responsibility and patriotism towards the exploitation of our natural resources for the betterment of our future generations.

Therefore, leaving the effective implementation of the PPDPA Act to PRAZ alone will be an uphill task, but as a nation, collective responsibility will be the way to go.