Search

Africa's Public Procurement & Entrepreneurship Research Initiative – APPERI

Category

Women

Zambia: Prosecution witness in Masebo case says corruption should get a minister concerned


Sunday Post

By Namatama Mundia   |   Updated: Aug. 22, 2015

A PUBLIC procurement expert on Thursday testified in the Sylvia Masebo abuse of office trial that a government minister should get concerned when something goes wrong in a ministry.

Testifying before Lusaka magistrate Ireen Wishimanga, in a case where Masebo is facing allegations of cancelling wildlife hunting concessions and dissolution of ZAWA management whilst serving as tourism minister, Ministry of Community Development, Mother and Child Health head of procurement, Kenneth Mapani also said the public procurement law does not say the minister had no role in procurement issues.

Mapani, who until March 30 was the principal officer-in-charge of inspections and standards at the Zambia Public Procurement Authority (ZPPA), told court during cross-examination by defence lawyer Robert Simeza that he was ignorant on how the ZAWA issue started and ended.

He said he never played a role in the ZAWA procurement process and did not follow the proceedings concerning the case.

Mapani said a procurement process could be cancelled, adding that that was why he referred the ACC officers that approached him on October 8, 2014 wanting to get clarity on the procurement of hunting concessions as well as the applicable process in procuring such a service, to section 22 and Regulation 24.

Mapani earlier testified during evidence-in-chief led by ACC prosecutor Boniface Chiwala that the process was supposed to be advertised in the public media to would-be bidders.

“I drew them [ACC officers] to section 22 (1) F of the Public Procurement Act of 2008 as well as regulation 24 of the Public Procurement regulation of 2011. I further did indicate that what the Act and Regulation indicate is that such a mandate is vested in the approvals authority,” he said.

Mapani explained that the approvals authority was an individual or board that grant prior authorisation before any award is undertaken in public procurement matters.

Asked if a Minister of Tourism and Arts had authority to cancel a tender, Mapani said such cancellations were vested in the approvals authority.

“The honourable minister does not have a role in procurement proceedings, including the aspect of cancellation,” Mapani said.

He said the approvals authority under ZAWA was the procurement committee and the chief executive officer.

But during cross-examination, Mapani agreed that the law was silent on the role of a minister in procurement.

Further put to him that the law does not say that the minister had no role in procurement, Mapani again said that was correct.

Asked what he would expect a minister to do if something was going wrong in the ministry, Mapani said he would expect a minister to be concerned.

When told that a minister was not a passenger in the ministry or a ceremonial person who would just watch corruption take place, Mapani responded that a minister was part of the ministry and in that sense would be interested to know what was going on.

The state did not re-examine Mapani and the matter was adjourned to September 15.

Count one alleges that Masebo, between December 1, 2012 and June 30, 2013, in Lusaka, being tourism and arts minister, abused the authority of her office by cancelling the procurement process of tender number ZAWA/DG/002/2/12 for hunting concessions without following laid down procurement procedures, an act which was arbitrary and prejudicial to the rights or interests of the government.

In count two, it is alleged that Masebo, during the same period, in Lusaka and while serving in the same capacity, abused the authority of her office by terminating contracts of employment for senior officers employed by the Zambia Wildlife Authority without following laid down disciplinary procedure, an act which was arbitrary and prejudicial to the rights and interests of the government and other persons.

And after court adjourned, Masebo, in the company of UPND vice-president Dr Canisius Banda, addressed a huge crowd of supporters that turned to offer her solidarity outside the Lusaka Magistrates’ Court Complex.

Masebo said people were concentrating on wrong things.

“So you can see that people are concentrating on wrong things; instead of fixing the blackouts, tavutika ma light kulibe mu mayadi yathu, bathu basiliza time witch-hunting and prosecuting or persecuting political opponents,” said Masebo.

New Reports Measuring Gender, Trade, and Public Procurement Policy


AllAfrica.com

25 SEPTEMBER 2013

PRESS RELEASE

The World Bank and Commonwealth Secretariat launched two new publications this week centering on women in business.

‘Women, Business and the Law 2014’ measures how national laws, regulations and institutions differentiate between women and men in ways that may affect women’s capacity to work or set up and run businesses.

The report was launched by the World Bank and International Finance Corporation (IFC) at the Commonwealth Secretariat’s headquarters in London on Tuesday, 24 September.

Dr Augusto Lopez-Claros, Director of Global Indicators and Analysis at the World Bank and IFC said: “In 79 countries the law restricts the types of jobs that women can do. These jobs are often in industries that are higher paying and that creates a pay gap. In the twenty-first century many of these restrictions no longer make sense.”

The Secretariat also presented ‘Gender, Trade and Public Procurement Policy‘, which focuses on how policies for procuring goods and services for government departments can be used effectively to enhance business opportunities for women.

The procurement market often makes up to 10-15% of the GDP of developed countries and can amount for as much as 30-40% of GDP of developing countries. The report looks at how public procurement policies can be used as a tool to open up the market to Small and Medium-sized Enterprises (SMEs), including women’s businesses, which are often in the informal sector.

It includes case studies and lessons from four Commonwealth countries: Australia, India, Jamaica and Kenya.

Interim Director in charge of Gender, Health and Education at the Secretariat, Esther Eghobamien said: “The research has demonstrated the impact of public procurement policy as a vehicle for enhancing opportunities for SMEs and women-owned business. Any growth in that sector will translate into real gains for women living below the poverty line.”

Kenya: Youths, Women, PWDs to Benefit From New Procurement Rules


AllAfrica.com

By Capt. (RTD) Collins Wanderi

OPINION

On 18th June 2013 the Cabinet Secretary for the National Treasury published the Public Procurement (Preference & Reservations) (Amendment) Regulations 2013.

The objective of these regulations is to accord the youth and other disadvantaged groups in Kenya preference in the supply of goods and services to the government. This is in line with one of the key promises of the Jubilee government to give the youth, persons with disability (PWDS) and women at least 30 percent of all supply contracts to the government.

The significance of these regulations is that the National Treasury and all the Treasuries in the 47 county governments shall be required to register and maintain a database for all Small or Micro-Enterprises (SME) or disadvantaged groups that wish to participate in public procurement.

The regulations also seek to favour local businesses by granting exclusive preference to local contractors who supply motor vehicles, electrical goods, furniture and other items which are fully assembled or manufactured in Kenya. Road works and electrical installations of below Sh1 billion, other public works of below Sh500 million and supply of goods and services of below Sh100 million and Sh50 million respectively are now exclusively reserved for Kenyans.

When these regulations come into effect the government and all its agencies will inevitably become the largest promoters of the motto, “buy Kenyan, build Kenya”.

The regulations also make it possible for procuring entities to divide supplies in lots of goods, works and services into practicable quantities which the youth, SMEs and other disadvantaged groups can afford. A new Regulation 31 enjoins the National, County governments and other agencies of government to allocate at least 30 percent of their procurement to the youth, SMEs and other disadvantaged groups.

To enhance compliance with this regulation these procuring entities will now be required to make budgets, issue tender notices and award contracts with at least 30pc participation by the youth, SMEs and other disadvantaged groups. They will also be required to submit quarterly reports to the Public Procurement Oversight Authority for compliance audits.

To participate in the new preferred and reserved public procurement scheme, the youth, women, persons with disability, SMEs and other disadvantaged groups are required to register their enterprises with the relevant government body e.g Registrar of Companies, Business Names, CBOs, NGOs etc.

The membership of such registered bodies may have 30 percent members at most who are not youth, women or PWD but their leadership must be 100 percent youth, women or PWD. Procuring entities will be required to pay for supplies made under this scheme within 30 days. A delay beyond 30 days requires the entity to make 50 percent part-payment and explain the delay in writing.

Regulation 33 which deals with financing is of great importance. While young people often have the benefit of fresh ideas, energy and vigour they are seriously deprived while in competition with older people who have the advantage of time, experience and money. Procuring entities will be required to authenticate Tender Awards and Local Purchase or Service Orders (LPOs & LSOs) and enter into agreements with relevant financing institutions with an undertaking that the contracted enterprise will be paid through the account opened with the financier.

Banks, Deposit Taking Microfinance Institutions (DTMs) and other lenders licensed by the Central Bank of Kenya must also come up with very innovative ways to help the government, the youth, PWDs, Women and other disadvantaged groups achieve the objectives of the new regulations.

The youth, women and PWDs need these contracts but on the other hand government agencies require assurance that the contracted enterprises will perform their part of the bargain and with the requisite skill and expertise. One method to ensure satisfaction of reserved and preferred public procurement contracts may be through the doctrine of cession which is widely used in South Africa.

The law has created a new spectrum of proprietary rights for the youth, PWDs & women by dint of their status in society. These rights are exclusive, reserved and can be quantified in economic and monetary value once a procuring entity has authenticated a tender award and issued an LPO or LSO.

Once an enterprise owned by the youth, PWDs or women gets a contract to perform certain obligations for the procuring entity, such an enterprise acquires a right of claim for payment in anticipation by virtue of regulation 33. Consequently in terms of the doctrine of cession in anticipado, the future right to claim payment may be ceded. This way the youth, PWDs and Women owned enterprises (cedent) would retain ownership of the contractual rights but only surrender to a limited degree the ability to enforce those rights.

An agreement to cede would be in writing and a formal document known as the Instrument of Cession will have to be executed. A cession as opposed to delegation or sub-contracting would be the best method to facilitate access to finance and specialist expertise by the youth, women and PWDs who want to benefit from the preferred and reserved public procurement under the new regulations.

Wanderi is the chairman-Kenya Institute of Forensic Auditors (KeIFA)

Ghana: Government Urged To Implement Sustainable Public Procurement Policy


Mr. Samuel Sallas-Mensah - CEO of Public Procurement Authority

Mr. Samuel Sallas-Mensah – CEO of Public Procurement Authority

Mr Samuel Sallas-Mensah, Chief Executive Officer (CEO) of the Public Procurement Authority (PPA) has appealed to government and procurement practitioners to embrace and implement Sustainable Public Procurement (SPP) policy.

He said SPP factored economic, social and environmental impacts in procurement decision making which would ensure effective sustainable development.

The CEO was speaking at an opening session of a five-day pilot training for procurement practitioners on SPP in Koforidua on Monday,

“Waste management and economic use of resources are some obvious challenges we face and sustainable public procurement can help address them to a large extent,” he said.

Mr Sallas-Mensah said the SPP makes room for increased participation of women entrepreneurs in government procurement processes which would be a boost for national economic growth and for their immediate families as well as their communities.

“A policy that seeks to improve incomes for women businesses through government contracts is a wise one and must be embraced since it results in poverty alleviation and wealth creation,” he said.

Mr Sallas-Mensah appealed to the government to set aside a percentage of all its contracts for Small Scale and Medium Enterprises (SMEs) to enable Women-Owned Small Businesses (WOSBs) to have a quota.

In her welcoming address, Nadia Balgoben, the Swiss Representative, implored Ghana’s policy makers and procurement practitioners to take the training serious and make it a point to implement the SPP policy for the country to attain full sustainable development.

Mr John Afari Idan, CEO of Biogas Technologies Africa Limited, reminded the participants of the need to understand that their role in public procurement is not all about buying but adding value to what they buy.

The pilot training is a collaborative effort between the Government of the Swiss, to train procurement practitioners and policy makers in the public sector in order to strengthen their monitoring and evaluation capabilities which would in turn foster sustainable development.

Source: GNA

Related posts:

  1. Ghana to start piloting implement e-procurement system
  2. Ghana prepares draft amendments of Public Procurement Act
  3. Ghana As From 2014 Will Operate An Electronic Procurement System
  4. PPA reveals non-compliance of public procurement law
  5. Public Procurement Act Is A Tool To Fight Corruption
  6. Government to implement strategies for public sector reform
  7. Sallas-Mensah joins Advisory Group
  8. Local firms urged to develop CSR for sustainable national development
  9. ISD And IPR Trains Government’s Public Relations Officers In Various Ministries
  10. Public-private partnership policy approved
  11. Gov’t urged to continue implementation of National Youth Policy
  12. Ghana to undertake over $1.5b ambitious projects under public-private partnership policy
  13. Ghana government approves new forest, wildlife policy
  14. Government to implement inclusive education in 2015-Minister
  15. Government to use Public Private Partnership for low-cost efficient service delivery.
  16. Ghana begins electronic procurement system 2014 (ghanabusinessnews.com)

Analysis: New law fails to ease oil concerns in Uganda


IRIN NEWS

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.”

Transparency

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.”

Bill to Stop Modern Day Slavery under Government Contracts


ACLU

By Devon Chaffee

July 12, 2012

Last month the ACLU released a joint report with Yale Law SchoolVictims of Complacency, that documents the ongoing trafficking, forced labor and abuse of foreign workers hired through U.S. government contracts to work in support of U.S. military and diplomatic missions abroad. Recruited from impoverished villages in countries such as India, Nepal and the Philippines, these men and women – known as Third Country Nationals – are charged exorbitant recruitment fees, lied to about what country they will be taken to and how much they will be paid, and often have no choice but to live and work in unacceptable and unsafe conditions.  These abuses amount to modern day slavery; all on the U.S. tax payers’ dime. Now members of Congress want to act to ensure that federal funds are no longer facilitating such exploitative, abusive and illegal practices.

To help put an end to this trafficking and forced labor under contracts funded by the federal government, Senator Richard Blumenthal (D- CT) and Representative James Lankford (R-OK)) have introduced the End Trafficking in Government Contracting Act of 2012. The bill has strong bi-partisan support in both the House and the Senate. This means that even during an election year with heightened partisan tensions in Congress, the bill is one of a handful of measures that has a good chance of becoming law. Recently, the Republican-controlled House adopted the provision—without opposition—as an amendment to a larger defense authorization bill.

The End Trafficking in Government Contracting Act of 2012 will significantly increase oversight and accountability for employee recruitment under U.S. government contracts preformed abroad.  Currently many large U.S.-based government contractors refuse to take responsibility for the recruitment policies of their subcontractors that hire recruiters which in turn use fraudulent and illegal hiring practices to increase their profits. The End Trafficking in Government Contracting Act of 2012 works to address this issue by requiring all U.S. government contractors performing a substantial amount of their contract overseas to ensure that their subcontractors and the recruitment agencies they use comply with U.S. anti-trafficking laws, policies and practices. The bill also increases accountability by increasing reporting requirements and extending criminal prohibitions against fraudulent labor practices, including trafficking and forced labor, to contractors and subcontractors working overseas.

The Obama administration has long had a “zero tolerance” policy against human trafficking based on U.S. government contracts, but to date that policy has not been effectively implemented.  As documented in “Victims of Complacency” and numerous other government and non-governmental reports, hundreds of men and women have been trafficked on to U.S. military bases in Iraq and Afghanistan where they have been subjected to forced labor and other abusive treatment by U.S. government contractors and sub-contractors.  Yet, our government has failed to fully investigate these allegations; nor has it prosecuted or taken administrative action against a single contractor for involvement in such abuses. The End Trafficking in Government Contracting Act of 2012 is an important step towards making “zero tolerance” a reality, and to bringing an end to an unacceptable chain of profits based on trafficking, forced labor and taxpayer dollars.

Women to Win More Government Contracts Following WTO Agreement


Businessweek

By Jennifer M. Freedman

December 19, 2011

Dec. 17 (Bloomberg) — Women entrepreneurs, with full or partial ownership of more than a third of global businesses, win just 1 percent of government contracts, according to Patricia Francis, executive director of the International Trade Centre.

They may get a bigger piece of that pie as a World Trade Organization agreement opens up purchasing to more competition, minimizing cronyism and nepotism that have capped women’s access to such business, she said in an interview today in Geneva.

“Women don’t think of themselves in certain kinds of positions, and therefore you need role models, you need an outreach program, you need to get a process of engagement,” said Francis.

The disparity is particularly pronounced in developing countries, although women in rich economies also get a disproportionately small share of such contracts, according to the ITC, the Geneva-based joint agency of the WTO and the United Nations. While 5 percent of federal contracts worth about $30 billion were to be allocated to female business owners in the U.S. last year, the actual number fell short of that figure…Robert Anderson, a counselor in the WTO’s intellectual property division, said the procurement accord is “very important for women” even though it covers no countries in Africa, where women are a growing economic forceRead more.

US: Minorities Plan Failing


Wall Street Journal

August 1, 2011

By Jacob Gershman

A Bloomberg administration initiative intended to help minority- and women-owned companies secure more public contracts has steered little money to black-owned firms, according to city data.

In the last year and a half, about three-quarters of city dollars paid to contractors participating in the program went to companies owned by either Asian Americans or white women. Businesses run by Latinos received 15% of that pool of money.

The smallest share, 7%, went to black-run firms.

“It’s a shockingly paltry amount,” said city Comptroller John Liu, a first-term Democrat.

The program has been a magnet for criticism since Mayor Michael BloombergRead more.

There Is No Stereotypical Entrepreneur


by Allison Fass |  @alliefass   | Apr 28, 2011

Since I live in New York and work in digital media I sometimes mistakenly feel like the entrepreneurial community is made up entirely of button-down wearing iPad-carrying 20- or 30-something guys who talk about the latest venture-capital deals, update around the clock through TwitterFoursquare and LinkedIn, and just last month or year started some sort of online technology service or app that’s still in beta or stealth mode.

If there’s anything the 650 attending the Women Presidents’ Organization annual conference this year in Vancouver make clear, that’s not the whole startup story. The entrepreneurs here don’t fit that profile at all. (With the exception of social media. Check out Twitter #wpovancouver.) Read more

Blog at WordPress.com.

Up ↑

%d bloggers like this: