Request for nominees to the Public Procurement Commission

Jan 09, 2014 Letters

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DEAR EDITOR,
With respect to the captioned subject, readers would have noted a related advertisement by the Parliament Office in the press, including Sunday Stabroek of January 05, 2014.
One appreciates the constraints of space imposed upon the advertisement, but it does not appear to provide sufficient information for stakeholders’ guidance.
In the circumstances, it is hoped that your columns can accommodate some relevant extracts from the provisions of the Guyana Constitution which address the subject.
Following on the published article 212X, article 212Y states as follows:
212Y.    (1) Subject to paragraph (2), members of the Commission shall be appointed for three years and shall be eligible for re-appointment, for one other term of office, not earlier than three years after the end of their first term.
(2)  Of those members first appointed, two shall hold office for four years.
(3)  The Chairperson and Deputy Chairperson of the Commission shall be elected by and from the members of the Commission using such consensual mechanism as the Commission deems fit.
(4)  The provisions of article 225 shall apply to the office of a member of the Commission, and for the purpose of paragraphs (4) and (6) of that article the prescribed authority shall be the Speaker of the National Assembly except that, in relation to a member other than the Chairperson or a member for the time acting in the office of the Chairperson under the next following paragraph, the prescribed authority for the purposes of paragraph (6) shall be the Chairperson.
(5)  If the office of Chairperson of the Commission is vacant or the holder thereof is for any reason unable to perform the functions of the office, then the holder of the office of Deputy Chairperson, or if that office is vacant, or the holder thereof is for any reason unable to perform the functions of the office of Chairperson, one of the other members, may be elected to act in the office of Chairperson; and the Deputy Chairperson or such other member shall continue so to act until a person has been elected to the office of Chairperson and has assumed the functions of that office or, as the case may be, until the Chairperson or if a member other than the Deputy Chairperson is acting therein, the Deputy Chairperson has assumed or resumed those functions.
(6)  If the office of a member of the Commission other than the Chairperson is vacant or if the holder thereof is acting as Chairperson under the preceding paragraph or is for any other reason unable to perform the functions of his or her office, a person may be appointed to act in that office and the provisions in relation to the appointment of members of the Commission shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed under this paragraph shall, subject to the provisions of paragraph (4), continue to act until a person has been appointed to the office in which he or she is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions.
Examination of the above does not confirm the assertion in the advertisement that ‘Commissioners once appointed will be part-time’. This interpretation needs to be urgently clarified by the PAC, importantly for the information of prospective nominees (and their sponsors).
In fairness also, the latter should be further advised of how the Commission will function. The advertisement has been palpably lacking in this regard. Please see article 212Z on the subject, which incidentally further confutes the notion of part-time membership.
212Z. (1) The Commission shall establish a secretariat comprising its officer and employees.
(2) The Commission shall appoint a Chief Executive Officer, who shall serve as Secretary, and such other officers and employees as may be necessary for the efficient discharge of its functions. The terms and conditions of the appointment of the Chief Executive Officer and the two most senior officers shall be subject to the approval of the National Assembly.
(3) The Chief Executive Officer shall be under the direction and control of the Commission and he or she shall be responsible for the other officers and employees of the Commission who shall directly report to him or her.
(4) The Chief Executive Officer may, as directed by the Commission, attend meetings of the public procurement bodies.
(5) Before the Commission appoints to act in any office referred to in paragraph (2) any person who holds or is acting in any office, power to make appointments to which is vested under this Constitution in the Judicial, the Teaching, the Police or the Public Service Commission, the Commission shall first seek and obtain the approval of the Commission in which that power is vested.
(6) Where a public officer is appointed to an office referred to in paragraph (2) that officer shall, subject to the said paragraph (2), remain a public officer unless the Commission determines that office shall be independent of any other Commission.
(7) Nothing in this article shall be construed as precluding the Commission from appointing any person who is not a public officer to an office referred to in paragraph (2).
(8) The emoluments and allowances payable to the members of the Commission shall be determined by the Public Accounts Committee in consultation with the Commission.
Political and civic stakeholders of any stripe, as well as the public at large, are entitled to know what are the functions of the Public Procurement Commission. Article 212AA accordingly states:
212AA. (1) The functions of the Public Procurement Commission are to –
(a)    monitor and review the functioning of all procurement systems to ensure that they are in accordance with law and such policy guidelines as may be determined by the National Assembly;
(b)    promote awareness of the rules, procedures and special requirements of the procurement process among suppliers, constructors and public bodies;
(c)    safeguard the national interest in public procurement matters, having due regard to any international obligations;
(d)    monitor the performance of procurement bodes with respect to adherence to regulations and efficiency in procuring goods and services and execution of works;
(e)    approve of procedures for public procurement, disseminate rules and procedures for public procurement and recommend modifications thereto to the public procurement entities;
(f)    monitor and review all legislation, policies and measures for compliance with the objects and matters under its purview and report the need for any legislation to the National Assembly;
(g)    monitor and review the procurement procedures of the ministerial, regional, and national procurement entities as well as those of project execution units;
(h)    investigate complaints from suppliers, contractors and public entities and propose remedial action;
(i)    investigate cases of irregularity and mismanagement, and propose remedial action;
(j)    initiate investigations to facilitate the effective functioning of public procurement systems;
(k)    enlist the aid of such persons, as may be necessary, to assist the Commission with expert advice;
(l)    liaise with and refer matters to the police and the Auditor General; and
(m)    do all other acts and things as may be necessary to facilitate the efficient discharge of the functions of the Commission.
(2) In addition to the functions prescribed in this Constitution, the functions of the Commission may be provided for by law; any addition thereto in the Constitution shall be approved by the votes of a majority of all the elected members of the National Assembly but the removal on variation of any function shall be by the votes of not less than two-thirds of such members.
(3) The Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions to any one or more members of the Commission, or to such officers of the Commission as the Commission may determine.
There are other important legal obligations included in related articles, but hopefully the above should suffice, or possibly encourage interested parties to conduct further research.
E.B. John

 

 

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