Africa's Public Procurement & Entrepreneurship Research Initiative – APPERI


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Rethinking the Fight Against Corruption

Brookings News

By Daniel Kaufmann

Fighting corruption requires a new understanding of how the global problem has evolved, for it is bigger and broader than petty bribery or crooked deals in developing countries. Merely adopting a new anti-corruption law, creating another commission, or launching another ‘campaign’ will not get the job done. We can no longer fight corruption by simply fighting corruption alone.

Corruption is a symptom of a larger disease — the failure of institutions and governance, resulting in poor management of revenues and resources and an absence of delivery of public goods and services. We must think beyond anti-corruption rhetoric and traditional tactics. We need to be more strategic and rigorous, identifying and addressing corruption’s underlying causes and examining the weaknesses in key institutions and government policies and practices. We have to focus our efforts on the broader context of governance and accountability. Only then can we see the many other shapes and forms corruption can take and address this epidemic.

Of its many guises, legal corruption is a particularly pernicious one that gets insufficient attention. Legal corruption refers to efforts by companies and individuals to shape law or policies to their advantage, often done quasi-legally, via campaign finance, lobbying or exchange of favors to politicians, regulators and other government officials. It is dealings between venal politicians and powerful financial and industrial executives. In its more extreme form, legal corruption can lead to control of entire states, through the phenomenon dubbed ‘state capture,’ and result in enormous losses for societies.

In many developing countries, legal and illegal corruption coexists, and it has become commonplace for multinational oil and mining companies to collude with elite politicians to deprive citizens of the benefits of their natural resourcesNigeria lost $35 billion over the last 10 years through corruption and mismanagement of its oil industry. The evidence suggests — and the people of these developing countries attest — growth cannot sustain where corruption thrives.

The reach of legal corruption, however, is not limited to countries with weak governments. It has also enabled Wall Street investment banks to unduly influence financial oversight institutions, bringing the U.S. and the global economy to the brink four years ago, and in recent months allowed collusion between U.K. and possibly U.S. banks to fix the global interest rate for their benefit.

This kind of corruption is a complex, multidimensional problem that needs to be confronted at every level. If we, as an international community, are going to get at its core, we need to recognize that improving governmental institutions is key. Good governance only starts with elections and higher levels of transparency. Elections cannot be effective unless they are free, fair and clean, and complemented by real freedom of expression. Transparency with impunity will not bring forth justice or make governments accountable. Broader governance reforms require serious progress in rule of law to make any real, lasting impact. Equally important is a free press. While we have seen progress towards democracy in many parts of the world, roughly two-thirds does not have a fully free media and, in some countries, the movement is backwards.

As crucial is the management of the world’s natural resources. Today, 700 million people, in about 60 countries, live in poverty though they sit atop billions of dollars in oil, gas and minerals. Such abject poverty in the midst of abundance is a call for action. The overwhelming majority of these citizens live in poorly governed countries — those that rate low in corruption control, transparency and accountability. The governance of these resources and the wealth they generate will make or break the development of these nations, and the social, economic, political and security implications will be far and wide.

The future of these resource-rich countries no longer rests mainly on foreign aid but on the extent and effective use of the country’s own resources and how they use them. For that to occur, a focused and concrete approach to improve governance and accountability is critical. Reshaping the fight against corruption into a smarter strategy that integrates the challenge of improving governance and institutions in both the public and private sphere is the way forward.

Analysis: New law fails to ease oil concerns in Uganda


KAMPALA/NAIROBI, 13 December 2012 (IRIN) – Uganda’s parliament recently passed a law to govern the exploration, development and production of the country’s estimated three billion barrels of oil, a resource whose extraction will directly affect the livelihoods of tens of thousands of people.

While the law streamlines the burgeoning industry, analysts have raised concerns over transparency and over who controls the sector.

“The new law helps set clear guidelines under which the oil sector is to be run and managed, and makes clear who is in charge of what roles,” said Tony Otoa, director of Great Lakes Public Affairs (GLPA), a Uganda-based think tank focusing on oil and governance. “However, there are some concerns about transparency and too much power within the oil industry in the hands of the president.”

The bill was passed on 7 December after weeks of wrangling over its controversial Clause 9, which gives the energy minister wide-ranging powers, including authority over the granting and revoking of oil licenses, negotiating and endorsing petroleum agreements, and promoting and sustaining transparency in the petroleum sector. Many members of parliament (MPs) felt these powers should be held by an independent national oil authority.

“Essentially, the standoff, which has ended, was about the withdrawal of trust from a government that is battered by corruption scandals. Also the way the cabinet operates is that, in the past, the feeling has been that some key ministries, like finance, are effectively run by the presidency after being stuffed by yes-men or -women. The pushback against Clause 9 also comes as the Central Bank opened its vaults to a large withdrawal in 2010 [US$740 million to buy six fighter jets] only for approvals to be sought retrospectively,” said Angelo Izama, a Ugandan journalist and oil sector analyst.

“Loss of trust”

“This loss of trust is behind the resistance to greater control by the executive,” he added. “The executive has not been a bad shepherd of the process so far. Uganda’s negotiating position has been tougher with the oil companies, ironically, without the oversight of parliament. However, public scandals elsewhere have negatively affected the ability of the president to convince lawmakers – especially of his party – that he means well.”

A number of donors – including the UK and Ireland – recently suspended aid to Uganda following allegations of deep-rooted corruption in the Office of the Prime Minister. The prime minister, the former energy minister and the foreign affairs minister were all accused of taking kick-backs from oil companies in 2011, charges that remain unproven but that nevertheless damage the reputation of the government.

“The country lacks trust in the state… Institutions and officials have lost legitimacy, and for such an important bill to vest too much power into a political appointee is a recipe for disaster,” said Stephen Oola, a transitional justice and governance analyst at Uganda’s Makerere University Refugee Law Project.

“Granting and revoking licenses and negotiations are technical in nature. We need an independent commission or authority made up of people of good competence, technical ability and experience, and good morals to guard our oil,” said Frank Gashumba, a local businessman and social activist.

Proponents of Clause 9 say licensing powers are safer in the hands of the cabinet than under an oil authority. “The authority is open, easy to bribe and manipulate. Cabinet is bigger than the authority – members of the executive are answerable to Ugandans because they are elected leaders,” said Kenneth Omona, a ruling party MP.

Those opposed to it say they will challenge the law, which was passed with 149 votes in favour and 39 against; some 198 MPs did not turn up to vote.

“The fight is not complete; the passing of the bill is liable to be challenged in courts of law,” said Theodore Ssekikubo, ruling party MP and chair of the parliamentary forum on oil and gas. “If we fail to go to court, we shall subject the matter to a referendum for all Ugandans to pronounce themselves on this strategic resource. We want to ensure transparency and accountability in the oil sector.”


There are also concerns about the law’s confidentiality clause, which limits the amount of information accessible by the public.

“The law is lacking transparency – it imposes confidentiality on officials working within the sector, even after they leave office, so there is no opportunity for whistle-blowing or for the public to have access to information on, say, production-sharing agreements,” GLPA’s Otoa said.

He noted that Uganda still hasn’t joined the Extractive Industries Transparency Initiative (EITI), an international scheme that attempts to set a global standard for transparency in oil, gas and mining, further compounding the sector’s lack of transparency. As a member of the EITI, Uganda and oil companies involved in the country would be required to publish all payments and revenues from the industry.

While Total and the China National Offshore Oil Corporation (CNOOC), two of Uganda’s major oil partners, are listed on Wall Street and are therefore subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act – which requires disclosure of payments relating to the acquisition of licenses for exploration and production of oil, gas and minerals – the Irish firm Tullow Oil, another of Uganda’s main oil partners, is not under any similar obligations.

“I am worried we [legislators] and the public can’t access and scrutinize these agreements. You can imagine the recently negotiated and signed oil agreements have not been accessed by the public, not even by members of parliament,” Beatrice Anywar, former shadow energy minister, told IRIN.

The impact of the oil sector has so far been most acutely felt by communities around Lake Albert, thousands of whom have had to move – some willingly and some forcefully – to make room for an oil refinery, which is expected to take up 29sqkm and displace some 8,000 people.

Land issues

“The government is prosecuting the refinery resettlement by the book. However, managing public expectations and the process of multiple decision makers in Uganda’s complex land legal system [Uganda has multiple land systems, including customary, leasehold and freehold] has contributed some volatility to the process… What is adequate compensation? And who determines that? Is it the market or should this be done by the government?” said journalist Izama.

“As a partner to the oil companies, it’s questionable too if the government can make the best decisions for the affected people as it would look to keep project costs fairly low,” he continued. “It is still a dilemma which is jurisprudential as well as political.”

He noted that much of the oil is in game reserves and a sensitive basin with lakes, rivers and a rare biodiversity, and borders the Democratic Republic of Congo, which could also pose challenges for peaceful production; there has already been some tension between the two countries over their boundaries within Lake Albert.

“The process of consensus-building is still weak, and regardless of how it’s arrived at, displacements will create uncomfortable realities, including land and job pressure.”

According to Otoa, Uganda’s lack of a comprehensive land policy makes compensation issues more complex. “We need clear land policies to ensure people are properly compensated – there is a Resettlement Action Plan in place, but it has not been implemented, and a draft land policy has not been actualized, leaving these communities vulnerable,” he said.

He noted that the lack of education among the local population, both in the oil-rich areas and the rest of the country, had contributed to the continued problems in the sector.

“We have focused too much on educating MPs on the implications and importance of good oil governance. We need to move to people-centred approaches and encourage dialogue in the public sphere, which will lead to people demanding accountability from their MPs and the government,” he added.

Ultimately, Izama said, responsible actions by the government will be the difference between Uganda’s oil making a significant impact on the country’s economy or causing conflict and greater poverty.

“Pressure on public institutions prior to commercial oil production is an effective way of counteracting the resource curse. If this public engagement falters, if the transition [from President Museveni to his successor] is volatile, some of the scenarios of the so-called oil curse are possible,” he said. “Overall the tensions are high, but responsible actions by public and political institutions like the past debate show progress is possible.”

EU donors freeze aid to Uganda over corruption

Bloomberg News

KAMPALA, Uganda (AP) — More Western donors are freezing aid to Uganda after a scam in which up to $13 million in donor money was embezzled in the office of Uganda’s prime minister. The aid freeze is the kind of action long demanded by transparency campaigners who charge that the money oils a corrupt system.

Uganda has a reputation as a corrupt country, but the latest scandal — brought to light by the country’s auditor general in October — is remarkable for its details: More than $220,000 was spent on gas in four days, millions of dollars were diverted to buy luxury vehicles for top officials, and millions were deposited into individuals’ private accounts.

Because the money was for the rehabilitation of parts of northern Uganda devastated by decades of warlord Joseph Kony‘s brutal insurgency, the scandal has provoked a lasting rage around the country and inspired aid cuts that foreign donors had been reluctant to inflict on this East African country.

Roberto Ridolfi, the head of the European Union delegation to Uganda, said in a statement late Tuesday that the scandal and those before it amounted to “a breach of trust” on the part of Ugandan authorities. Sweden, Germany, Ireland, Britain and Denmark have already cut or cancelled all aid to Uganda over the scam, saying they have lost faith in the government’s capacity to spend money responsibly.

Western donors fund up to 25 percent of Uganda’s budget.

Ridolfi said the EU and its development partners in Uganda “will withhold pending budget support disbursements and any further commitments for an initial period of up to (six) months.”

The donors are giving Uganda until April to pay back all the lost money, investigate the scandal, and take action against all the suspects. But investigations of this nature, when they happen, rarely produce the intended results in Uganda, where corruption charges are often politicized and then dismissed. This year three ministers with close ties to President Yoweri Museveni who faced corruption charges were set free by a judge who said they were scapegoats. The three politicians swiftly returned to their jobs […]

Some campaigners who had long urged donors to act tougher against official waste and graft say the audacity of the latest scandal vindicates their calls for the dismantling of an often-comfortable relationship between the state and its donors. They want foreign aid to be channeled through non-state actors engaged in service delivery and for donors to work directly with contractors in cases where the authorities cannot be trusted with cash.

“For the first time the donors are coming out and putting clear benchmarks and I think it’s a good move,” said Cissy Kagaba of the Anti-Corruption Coalition of Uganda, a watchdog group. “But there are other alternatives they can use to ensure that the money reaches the intended beneficiaries.” Read the full article here.

Uganda participates in East African procurement forum

The Independent

By Julius Businge

December 5, 2012

The Public Procurement and Disposal of Public Assets (PPDA) Executive Director, Cornelia Sabiiti is leading a team of 19 professionals to a regional procurement forum in Bujumbura, Burundi that runs from Dec. 5 to 7, the procurement body said in a press statement released on Dec. 5.

Over 200 delegates from public, private and civil organisations in the region are attending the 5th East African Procurement Forum being held in Bujumbura.

During the three day conference delegates from Burundi, Kenya, Rwanda, Tanzania, Uganda and South Sudan will deliberate on issues affecting public procurement in the region. The objective of the forum is to serve as a framework that helps participants learn and benchmark with each other on their respective public procurement systems including policies and enforcement measures.

The Ugandan team includes delegates from Civil Aviation Authority (CAA), Uganda Revenue Authority (URA), Uganda National Roads Authority (UNRA), Ministry of Education & Sports, Uganda Management Institute (UMI), Ministry of Health, Kampala Capital City Authority (KCCA), Ministry of Local Government, National Environment Management Authority (NEMA), Uganda Coffee Development Authority (UCDA), Institute of Procurement Professionals of Uganda (IPPU), AH Consulting and the Ministry of Defense.

Uganda will be presenting six papers including a paper on ethics and transparency in the management of public procurement; the contribution of civil society and the public sectors on ethics and transparency in public procurement. Another paper will look at the challenges of an independent regulatory authority.

The Burundi forum comes on the heels of the successful public procurement symposium PPDA held in September 2012 bringing together public and private sector professionals in Uganda.

Senegal’s reforms and red carpets

Africa Report

November 27, 2012

Senegal’s President Macky Sall has slashed government spending to finance new infrastructure projects.

Faced with an audit of Wade-era projects, the opposition says he is playing political games. Dakar has been rolling out the red carpet in recent weeks.

Elected in March on a reform ticket, President Macky Sall is in demand as an interlocutor – whether it is by the World Bank, the UN or France’s President François Hollande, who stopped in Dakar on 12 October en route to his more controversial landing in Kinshasa for the Francophonie summit.

This month, the Mo Ibrahim Foundation is holding its annual development conference in Dakar to salute Senegal’s political achievements.

Dakar’s National Assembly gave Hollande the chance to set out his Africa policy, which he insisted was non-interventionist and non-paternalistic.

Hollande seized the chance for a tête à tête with Sall, seeking his help for the regional effort to tackle the worsening in- security in Mali.

Senegal’s troops, alongside Ghana’s, are regarded as the most professional in the region.

But Sall has plenty of local problems to tackle – such as the perennial rainy-season flooding.

The government’s failure to invest in flood defences was one of the reasons for voters turning against former President Abdoulaye Wade.

In September, Macky Sall pushed through a bill to abolish the Senate, the second chamber in the National Assembly.

He promised that the 767bn CFA francs ($1.5bn) would be used to finance a 10-year plan for effective flood defences, storm drainage and sanitation.

Opponents to Sall’s plan accuse him of partisan plotting.

The Senate was dominated by members of Wade’s [I]Parti Démocratique Sénégalais[/I].

But Sall’s supporters insist the plan reflects the need to cut ballooning government overheads inherited from the Wade era.

The Sall government aims to cut the budget deficit from current levels of 7.4% of gross domestic product down to 4% by 2015.

So far, Sall has closed 59 moribund state institutions, banned first-class travel for civil servants and is selling a presidential jet.

To promote accountability, Sall has published details of all official salaries, declared his own assets and promised to cut salaries at state-run companies to below 5m CFA francs per month.

“Humility, sobriety and rigour should govern our politics,” Sall told The Africa Report’s sister magazine Jeune Afrique after his election.

“I assure you that there will be a profound break from the practices that were in force under my predecessor.”

The new government has quickly launched audits of government departments and projects for evidence of illicit disbursements.

This includes projects run by Wade’s son Karim, such as the 650bn CFA franc energy crisis programme, Plan Takkal.

Britain, France and the United States have pledged cooperation in tracking down stolen money.

Sall rejects claims of political vindictiveness: “The only thing that interests us is that the errors of the past don’t repeat themselves,” he said.

The courts will take cases identified by the audit.

His promise to cut the presidential term from seven to five years with immediate effect won local and international plaudits, as did his agreement with the African Union to set up a special tribunal for Chad’s ex-leader Hissène Habré, in exile in Senegal since 1990.

Ethiopia: Is ECX at it again? ECX’s upcoming procurement bid November 29, 2012

By Wondwossen Mezlekia, 

The Ethiopia Commodity Exchange (ECX) is currently conducting a high-ticket international procurement – the first of its kind since a multi-million dollar bid was busted in 2010 due to alleged fraud and corruption during the bidding process.

The bid for the supply, installation, and maintenance of a futures trading software that ECX floated back in 2010 was marred by dishonest maneuvering, seemingly to favor the Sri Lanka based company, Millennium IT, and World Bank withdrew ECX’s award proposal and cancelled the loan. The loan was part of what the government had borrowed from International Development Association (IDA) for the purposes of financing the Rural Capacity Building project. [1] Strangely, the said futures trading software was not needed to begin with and would have been running idle today had ECX purchased it in 2010, because the government is, as it has always been, decidedly against price speculations and hence would not allow Forwards and Futures trade operations that the software was supposed to support.

ECX is once again preparing to spend some of the money that the government has borrowed from the Investment Climate Facilities for Africa Trust (ICF) and other donors on an online trading platform at an estimated total cost of more than $10 million (exact amount and details are withheld). Arguably, much like the futures trading software, the merit of this investment is also questionable, especially in light of ECX’s and the government’s current priorities, the details of which is for another article. The purpose of this article is to equip concerned citizens with the information and resources they need to be on their guard against corruption, and to put on notice anyone who may be under temptation or illusion to fraudulently benefit from the upcoming bid. Although there is no evidence so far, it is better to prevent corruption than to prosecute it.

According to ECX’s budget proposal that was reviewed for this article, almost 76% of the budget for the online trading project will be covered by funds from the World Bank’s Rural Capacity Building Project. ICF has agreed to cover the financing gap of about 24% of the total estimated budget through a grant. The procurement is being conducted under the auspices of the outgoing officers, Dr. Eleni Gebre-Medhin, Solomon Edossa, and Ahadu Woubshet who only have an advisory role under a one-year contract, even though the new CEO, Anteneh Assefa and other officers have already assumed their positions.

The Invitation for Bid (IFD) for the procurement of a core system for online trading, including its risk management, surveillance, and clearing components (Procurement Reference Number ECX-ICF/G/002/2012) was advertised on November 1, 2012 on national papers and online, including on dgMarket. [2] Accordingly, the bid will be opened in two phases: the technical bid will be opened on November 30, 2012 at 10:30 am local time at ECX Media Room, and the opening date for the financial bid will be announced thereafter.[3] The bidding will be conducted in accordance with the open International Tendering Procedures contained in the public procurement guidelines of the Government of Ethiopia, the ICF Guidelines[4], and the International Competitive Bidding (ICB) procedures.

The past record of the government in detecting or prosecuting suspected fraud and corruption is dismal. On the other hand, donor’s guidelines have proved to be reliable sources of defense in past disputes involving international procurement bids. Among these, ICF’s guidelines appear to be by far clearer and strictly dictating how the borrower and bidders alike should behave during the bidding process. For example, ICF not only offers to provide assistance of audit services and monitoring (Article 1.6), but also explicitly states the steps that it takes to fight fraud and corruption (Article 1.7).

Review, Assistance, and Monitoring

1.6 ICF and auditors appointed by ICF shall review the Grant Recipient’s selection process for the selection of suppliers proposed by the Grant Recipient in the Procurement Plan to ensure compliance with the Grant Agreement and these Guidelines. The Grant Recipient shall retain all documentation with respect to each contract during project implementation and up to two [y]ears after the closing date of the Grant Agreement. This documentation would include, but not be limited to, the signed original of the contract, the analysis of the respective proposals, and recommendations for award the record of justification, the capabilities and experience of the suppliers, for examination by ICF, auditors appointed by ICF or by its suppliers.

Fraud and Corruption

1.7 It is ICF’s policy to require that Grant Recipients, as well as suppliers and their subcontractors under ICF-financed contracts, observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, ICF will reject a proposal for award, cancel the portion of the Grant allocated to a contract; sanction a supplier if it at any time determines that the tender process was marred by corrupt, fraudulent, collusive, coercive, or obstructive practices. In addition, ICF will have the right to require that, in contracts financed by an ICF grant. a provision is included requiring suppliers to permit ICF to inspect their accounts and records and other documents relating to the submission of proposals and contract performance and to have them audited

Articles 2.1, 2.15, and 2.21 of ICF’s guidelines also require borrowers to conduct bidding by following a two-tiered approach and based on Quality and Cost Based Selection (QCBS), which uses a competitive process that takes into account the quality and the cost of the services in the selection of the winner. The guidelines prohibit evaluators of technical proposals from having access to the financial proposals until the technical evaluation is concluded.

The Selection Process

2.1 QCBS uses a competitive process among short-listed firms that takes into account the quality and the cost of the goods and supplies in the selection of the successful supplier. Cost as a factor of selection shall be used judiciously. The relative weight to be given to the quality and cost shall he determined for each case depending on the nature of the assignment.

Evaluation of Proposals: Consideration of Quality and Cost

2.15 The evaluation of the proposals shall be carried out in two stages: first the quality, and then the cost. Evaluators of technical proposals shall not have access to the financial proposals until the technical evaluation is concluded. Financial proposals shall be opened only thereafter. The evaluation shall be carried out in full conformity with the provisions of the RFP.

Articles 2.11 and 2.12 if IFC’s guidelines even go as far as to dictating the minimum time that grant recipients need to allow between the different stages of the procurement process. For example, the minimum time-limit for receipt of proposals should not be less than 40 days from the date of the advertisement, except in emergency situations.

While these and other Articles of ICF’s guidelines appear to provide reasonable controls around each segment of the procurement processes, any control is only as strong as the people applying them. It is thus imperative that concerned citizens and bidders get engaged and attentively monitor all international bidding processes conducted at ECX and other institutions in order to prevent misappropriations of foreign aid in Ethiopia.

Report suspected fraud and corruption to Investment Climate Facility for Africa at or; the World Bank Group’s Integrity Vice Presidency at; or Transparency International at

[2] (dgMarket is an international portal for tenders and procurement opportunities from governments and international organizations)
[3] The time elapsed between the date of advertisement and the bid opening date appears to be shorter than the minimum time limit set under Articles 2.11 and 2.12 of ICF’s Procurement Guidelines

Read more about ECX at
Contact the writer at

The Wheels of Corruption


November29, 2012

Corruption is a lethal toxin that kills the spirit of free enterprise and public governance excellence in South Africa. It is a risk and reward game played by ruthless legal-wise people who seduce naïvely ambitious public officials and turn them into criminals.

According to an article published in the Economist in 2011, as much as 20-25% of annual state procurement expenditure in South Africa amounting to around R30 billion is wasted through overpayment and corruption. The auditor-general estimated that R26 billion is wasted or spent “irregularly” in a year. A third of government departments award contracts to officials and close family members, it was reckoned.

Many people in South Africa sacrificed for a free society and the jubilation that came with advent of democracy in 1994. Some of these people benefited handsomely from the fruits of their sacrifices and were rewarded for life, without the aid of corruption.  Some were not so fortunate though. Those who thought that free enterprise would take off without corruption and prejudice made a serious judgemental error. Their sacrifices did not transform into lifetime rewards. They became the first victims of early bouts of the plague of corruption that is now taking its toll in South Africa.

Corruption is the pursuit by dishonest people in devious partnerships and networks with the goal to acquire undue wealth and benefits for members who are prepared to partake in illicit and dodgy behaviour. Corruption is usually taken to mean dishonest or fraudulent conduct by people in positions with influence and power.

Imagine the following scenario from more than a decade ago. A senior black consultant teamed up with a white entrepreneur skilled in program management to start a legitimate program management firm to facilitate the rolling out of much needed municipal services and local economic development in poor communities. Initially the firm succeeds in winning small projects. With repeated successful delivery the scope and value of projects increase to a point where executives in contracting organizations hint that contract benefits must be shared and that firms they hold shares in must also benefit through projects. When one such a senior executive of a public enterprise, which contracted the firm to program manage its market development strategy, stopped payment on a contract to enhance the performance of a municipality, the wheels of corruption revealed itself.

The affected firm lodged a complaint over non-payment with the chief executive of the public enterprise and after an investigation he agreed to institute a process of arbitration. This was when things started to get interesting. It was established that a firm in which the senior public enterprise executive had been given a shareholding was awarded an infrastructure development contract in the same municipality. The project was connected to the scope and budget of the program management contract and payments were made from the budget set aside for the program management firm. It was when this budget ran out that the payments to the program management firm were stopped.

The legal department of the public enterprise engaged a law firm to handle the arbitration process. The arbitration costs would be for the account of the public enterprise. The firm of attorneys engaged by the public enterprise appointed a senior advocate as arbitrator who had previously handled cases for the public enterprise. At the start of the arbitration proceedings the arbitrator offered to withdraw from the case because the public enterprise had been his client in several previous cases. The directors of the aggrieved firm, wary of possible prejudice, accepted his offer. It was agreed that the process would be repeated with a new arbitrator.

The process to appoint a new arbitrator started and after several weeks a new lawyer was appointed as arbitrator by the law firm of the public enterprise. This time the directors of the aggrieved firm were required to foot the bill of the arbitrator and the fees of a lawyer to represent the aggrieved firm as required by Supreme Court rules. These extra costs and the non-payment of contract fees placed the aggrieved firm in financial dire straits.

Several weeks had passed after the hearing when the arbitrator demanded payment from the directors of the aggrieved firm before publishing his ruling. He had to be paid before he would reveal his ruling. When he released his ruling after payment, he had ruled in favour of the public enterprise. After the ruling the distraught directors of the aggrieved firm learnt that the arbitrator had his offices in the same building as the law firm that had appointed him. They then understood the intimate resonance they sensed between the arbitrator and the legal representatives of the public enterprise during the hearings.

The directors of the aggrieved firm felt shattered and decided to close down their firm because of the ruling, the unpredictability of payment by the public sector and the enterprise-unfriendly legal environment.

The set of wheels which moved the corruption to its destructive conclusion comprised of an ineffective procurement leadership structure operating without a policy that prohibits public enterprise officials from taking up shareholding in private firms that deal with the public enterprise; a greedy official with shares in a predatory firm; the owners of the predatory firm who colluded with the official; and a network of legal experts familiar with the arguments, precedent rulings, court rules, contract laws and pressures that are needed to protect the felonious officials of a contracting public enterprise from the claims of cocky entrepreneurs and the victims of corruption.

The appearance of Public Protector Thuli Madonsela who understands the dynamics and networks that drive corruption so well had become the saviour and fountain of hope for entrepreneurs. She has brought closure and redemption to many of those castigated emotionally and financially by corruption. She had become the quiet and gentle enforcer of procurement discipline and public servant ethics. The people salute her and trust that she will continue to be the enemy of corruption and the flame of governance excellence and that she will succeed in removing evil from our society. She has truly become the people’s trusted chucker-out of corruption, fraud, mal-administration and improper enrichment at the expense of the state.

Israel defence equipment dealers eye African security market

The East African

By Steve Mbogo

Israeli defence equipment manufacturers are looking to Africa as their next big market as they seek a share of the continent’s growing defence spending.

Israel currently controls less than one per cent of Africa’s weapons market and is seeking a larger share as an increasingly richer Africa will spend more to meet growing public and private security needs.

Executives in Israel’s defence companies said they are receiving more inquiries from Africa for a range of equipment for defence, police, prisons and intelligence sectors collectively known as homeland security.

Demand for homeland security solutions is rising in Africa as the countries face growing threats from secessionist groups, transnational criminals and religious fundamentalists among others.

African armies, police and prison services are also reforming as the private security industry expands, offering a growing market for security solutions vendors.

Homeland security spending is growing across the world partly because nations are increasingly facing asymmetrical war from non-state actors. This is expected to drive the growth of the defence market,” said Yaakov Perry, former head of Israel General Security Service, Shin Bet.

In East Africa countries are facing homeland security threats. Kenya is cracking down on the secessionist group Mombasa Republican Council, Uganda is still pursuing the militant group Lord’s Resistance Army (LRA) as Tanzania faces secession threats from Zanzibar while Rwanda and Burundi also have delicate security situations.

Discovery of high value natural resources has also prompted countries to invest more in security as exploration companies also invest in private security to secure their facilities.

Homeland security spending is expected to reach $344.5 billion in 2022 up from $178 billion dollars in 2010, with significant growth in aviation security, communications, data and cyber security and counter terrorism, according to the Israel Export and International Co-operation Institute.

Israel’s arms exports to Africa have been minimal, accounting for less than one per cent of transfers of major weapons to sub-Saharan Africa for the period 2006–10 according to Stockholm International Peace Research Institute (SIPRI) Arms Industry Database.

In the period 2006–10 Israel delivered major weapons to nine sub-Saharan states—Cameroon, Chad, Equatorial Guinea, Lesotho, Nigeria, Rwanda, the Seychelles, South Africa and Uganda.

For most of these recipients, imports from Israel made up less than a quarter of their total arms imports, SIPRI added.

Key defence manufacturers eyeing operations in Africa include Mer Systems, a security and communications company, Tar, which sells military and police equipment, 3M Israel that deals with security and protection services, Blue Bird that sells unmanned aerial vehicles and Elbit Systems that offers intelligence and cyber security solutions.

Supply Chain Management – turning professional?

The Guardian

The trend for professionalising supply chain management in the private sector is slowly reaching the public sector in Africa but still rarely appears anywhere near the top of development agendas.

The trend for professionalising supply chain management in the private sector is slowly reaching the public sector in Africa but still rarely appears anywhere near the top of development agendas. This despite the fact that, in many developing countries, public procurement accounts for over 50% of GDP, or considerably more where the private sector is small.

Historically, procurement and supply chain management have been undervalued and viewed as a process rather than a professional function. With the realisation that effective supply chain management plays a critical role in ensuring funds are well used, value for money in the delivery of basic services is achieved, and transparency and accountability is assured, the value of professional supply chain management needs to be recognised. How will this happen in countries where procurement is viewed as an “add-on” to other careers?

The wave of legal and institutional reforms to public procurement across Africa over the past few years has certainly focused attention more firmly on the question of capacity building. Many universities are subsequently providing pre-service training in supply chain management which is beginning to instil an early appreciation of the value of the function.

In the health sector, where the issues are more acute, major programmes to combat diseases such as HIV/AIDS and tuberculosis have highlighted the importance of strong procurement and supply chain due to the critical need for regular access to medical supplies. The World Health Organization identifies equitable access to medical products, vaccines and other technologies as one of the six building blocks to a well-functioning health system. The traditional approach to provide expensive in-service supply chain management training to doctors and pharmacists so that they can add this on to their day job is slowly changing but more needs to be done to raise the profile of supply chain management in health institutions.

This trend towards institutional reform in the public procurement sector is not focused solely on health. Procurement training is increasingly available at all levels, from basic introductions to new procurement procedures to academic courses run by universities. Crown Agents has worked with the governments of several African countries to ensure that their procurement capacity building strategies are delivered. Our long expertise in supply chain management and procurement reform and our ability to understand the local environment enable us to work with procurement authorities across Africa. In Ghana for example we helped to develop a whole programme of professional development that covered short, medium and long-term requirements. We partnered with the Institute of Management and Public Administration to implement the short-term plan which was based on training an estimated 25,000 people including procurement staff, tender committees, the private sector and oversight institutions addressing the cross-cutting nature of procurement. We also teamed up with tertiary education institutions to develop the medium and long term training which included a bachelors level degree course in procurement.

Professionalisation is not just about training; it is about transforming the view of the profession itself to ensure a local supply of qualified new recruits in the future. Securing professional accreditation validates and upholds the importance of the supply chain management role. In Botswana for example the Public Procurement and Asset Disposal Board is seeking accreditation of its training materials both nationally and internationally after Crown Agents helped it to develop a series of procurement training modules and completed a training-the-trainers course prior to building capacity in its procuring entities.
Many countries are even establishing their own national professional bodies as membership of international professional institutions such as UK Chartered Institute of Purchasing and Supply and Chartered Institute of Logistics and Transport expands significantly in Africa.
In the health sector there are also a number of initiatives that support the strategic role of supply chain managers. Crown Agents has provided technical support and is an active stakeholder in ‘The People That Deliver’ initiative which promotes workforce excellence in supply chain management.
Building supply chain competence and promoting and valuing supply chain management as a professional career can make a positive impact on a country’s economic development and its people’s lives.

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Nigeria Validates Manitoba’s Power-Mangement Contract


By Elisha Bala-Gbogbo

Nov 21, 2012

Nigeria validated a power-management contract signed by Canada’s Manitoba Hydro Electric Board in July to run the state-owned power utility Transmission Co. of Nigeria after regulatory approval, the Bureau of Public Enterprises, the privatization agency, said.

“We have received ratification from the Bureau of Public Procurement and the contract has been certified,” Chukwuma Nwokoh, a spokesman for the Abuja-based privatization agency said by phone today. Under Nigerian laws, all contracts entered into by the government needs to be certified by the Bureau of Public Procurement.

Reuben Abati, a spokesman for President Goodluck Jonathan, on Nov. 14 announced the cancellation of the contract saying the correct procedure wasn’t followed. Manitoba “did not follow the law strictly” and initial report of the termination was a “misunderstanding,” Jonathan said on Nov. 18 in an interview broadcast on state-rub television NTA

Nigeria, Africa’s top oil producer, is selling majority stakes in power plants and letting private investors buy as much as 60 percent of 11 distribution companies spun out of the former state-owned utility as it seeks private investment to curb power shortages. Blackouts are a daily occurrence in Nigeria, Africa’s most populous country with more than 160 million people. Demand for electricity in Nigeria is almost double the supply of about 4,000 megawatts and the government plans to boost output to 14,019 megawatts by 2013.

Bids worth more than $2 billion by companies including Siemens AG (SIE) and Korea Electric Power Corp. (KEP) were approved by the government for the sale of the companies on Oct. 30.

To contact the reporter on this story: Elisha Bala-Gbogbo in Abuja

To contact the editor responsible for this story: Dulue Mbachu at


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