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{
    "id": 1152542,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1152542/?format=api",
    "text_counter": 85,
    "type": "speech",
    "speaker_name": "Sen. Sakaja",
    "speaker_title": "",
    "speaker": {
        "id": 13131,
        "legal_name": "Johnson Arthur Sakaja",
        "slug": "johnson-arthur-sakaja"
    },
    "content": "this tender, they get the 10 per cent and then the project stalls. They have gotten their money and the project does not go on. We need personal culpability for that. In addition to that, these companies and they are know, there are those who are notorious for always going to challenge on very frivolous ground. They can now be debarred if it is determined by the Review Board and not only the Regulatory Authority, that they have been engaging in frivolous and vexatious requests to the entities. When you look at Section 43, the amendment here in Clause 8 is about inspections, assessments and reviews relating to contracts procurement and assets disposal proceeding. The proposal is then to insert a new section 43A to give the Authority the power to enter premises when conducting investigations, inspections, assessments and reviews relating to contracts, procurement and asset disposal proceedings. Any one authorized by the authority may enter the premises of a procuring entity, of course, at a reasonable time and with reasonable notice to make these inquiries. We have seen many of them being stopped, including in some of the high profile investigations that have happened recently. I have a problem with Clause 9 which amends Section 44 which talks about the responsibility of the accounting officer. Section 44 of the parent Act provides that an accounting officer of a public entity is primarily responsible for ensuring that the entity complies with the Act. That is okay. Then it provides in performance of this responsibility the accounting officer then has some responsibilities to ensure that- (a) The procurement is within approved budget. So, you do not procure beyond budget. (b) Constitute all disposal committees and procurement in accordance with the Act; and under different responsibilities. The amendment here is that where a public entity lacks capacity to comply with this Act, an accounting officer shall seek assistance from the National Treasury. The mischief then, is that you are creating a loophole where if it is not because they lack capacity, but they want to bypass provisions and then they go to the National Treasury. They will use that as an excuse and they can collude with the official in the National Treasury. This law needs to be followed as it is. Let us increase or rather work on the capacity and enable procuring entities to be able to follow this law. When you create such a loophole, they find an excuse to bypass some of these provisions by referring to the National Treasury. Section 51 of the parent Act or Clause 12 of the amendment talks about procurement and disposal unit after the words “established at” and substitute with “procurement function\". It is important to have that as it is a clean-up. Section 51 of the Act talks about procuring agents and asset disposal agents. Subsection (2) says that a procuring entity may not appoint a procuring asset disposal agent unless that that procuring entity demonstrates lack of internal capacity, provides evidence or inability to establish a procurement and disposal unit and demonstrates the inability to use the services of other State organs, or public entities. This provision deletes the words “procurement and disposal unit” and replaces them with “procurement function” so that it is not necessarily a unit. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}