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    "id": 550753,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/550753/?format=api",
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    "content": "(1) To ensure that certain categories of preferences are provided for in the allocation of contracts, in this case, Government contracts. (2) Protect or advance the position of certain persons or categories of persons or groups, who have previously been disadvantaged as a result of unfair competition or discrimination. (3) Ensuring sanctions are meted out against persons who have defaulted in tax obligations or those who are guilty of corruption. That way, they will not continue benefitting or enjoying the economic assets of our country, when they are corrupt or have participated in unlawful activities like tax evasion. Mr. Temporary Speaker, Sir, the long title of this Bill describes it as a Bill to provide for the procedure for efficient public procurement of assets and disposal of public entities. It repeals the existing Public Procurement and Disposal Act of 2005. However, it has certain savings and transitions to secure ongoing procurement processes that will not be affected immediately this Act enters into force. I will just summarise some of the key provisions of this Bill because it is very extensive. It has over 183 provisions and a few schedules thereto. Allow me at this stage of Second Reading, to highlight a few provisions. The first one is that it does away with the current arrangement of the Public Procurement Oversight Authority (PPOA), where people who want to participate in Government procurement processes and are dissatisfied can lodge their complaints. This is the tribunal that exists today in public procurement. If they are unsuccessful, they can go to the High Court. Mr. Temporary Speaker, Sir, what we have here is the PPOA which deals with setting the policy framework and enforcing the regulations in the procurement sector. We also have the tribunal which deals with disputes over tenders for those who think they have not been treated fairly. Finally, the High Court becomes the reservoir of justice in the event that a party feels that the tribunal has not treated them fairly. So, it does away with that system and replaces it with a new system which is basically the same. However, it will be just reshaping and strengthening the institutions a little bit. In Clause 3, the Bill talks about the guiding principles of public procurement. This includes all the principles that are provided for in Article 10 of the Constitution as national values and principles. These are things like human rights, democracy, accountability, transparency, equity, fairness and all those that are provided for in Article 10. Mr. Temporary Speaker, Sir, the principles of affirmative action are also stated as guiding principles of public procurement and assets disposal. There are provisions that favour certain categories, especially women, youth and persons with disability who have been disadvantaged for a very long time and unable to participate effectively in competing for tenders and other procurement processes. There is a deliberate effort to ensure that there is a reserve of at least 30 per cent of all tenders at all levels and in every institution to be reserved for those groups, in recognition or affirmation of the principles of affirmative action which are very clearly spelt out in Articles 55 and 56 of our Constitution. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}