Revisiting the Procurement Act

Posted November 25th. 2006 - by Eusi Kwayana.

The Editor,
Stabroek News
Georgetown Guyana.

Dear Editor,

Those who carry and use lethal weapons, never await the decisions of Editors -in -Chief.

We who use the pen can be at a disadvantage. I have had what I consider reasonable arguments in reply to Peeping Tom on the Constitution. In fairness to all the public should know that I did not walk away from the debate; that my views fell foul of the "before the courts" rules, and so it appeared that I had nothing to say.

Procurement is thankfully not, so far as I know, before the Courts. I must get a word in before the issue gets there.

The distribution of contracts and economic opportunity is certainly one of the matters fuelling high feeling, alienation and disgust in Guyana. Those who wish to pretend about this, and claim that it is not so are welcome to their postures.

However ,this was so well known at the time of the revision of the Constitution, -I hope the capital C is not out of place- that the CRC made it an issue, and introduced a Procurement Commission.

I notice that an editorial in SN has raised the issue of the appointment of the procurement commission as a useful institution. So it ought to be, but I had the duty of pointing out in Sunday Stabroek after the passage of the 2003 Procurement Act that this Act would in any case sideline the Commission.

I ask that you recall my article on the Procurement Bill which was enacted in 2002 and re-enacted in 2003. I made the point that the even the re-enacted procurement legislation, which left all powers of appointment of the various boards at all levels essentially in the hands of the Minister or the Minister's nominees, would be an instrument of one party control .

In short, under the Act, the Cabinet, which is partisan, though not now the virtual Tender Board, still has power under section 54 to review awards in excess of fifteen million dollars.

I repeat a line from my article of 2003: It is fitting that citizens study the Procurement Act 2003 as amended and express opinions on it.