Navigation
 Portal
 Index
 Memberlist
 Profile
 FAQ
 Search
Latest topics
December 2016
MonTueWedThuFriSatSun
   1234
567891011
12131415161718
19202122232425
262728293031 

Calendar Calendar

Statistics
We have 862 registered users
The newest registered user is oshe

Our users have posted a total of 1208 messages in 336 subjects
Who is online?
In total there are 3 users online :: 0 Registered, 0 Hidden and 3 Guests

None

[ View the whole list ]


Most users ever online was 32 on Fri Mar 08, 2013 10:22 pm

Procurement Act conflicts with other Acts

View previous topic View next topic Go down

Re: Procurement Act conflicts with other Acts

Post  mauka on Mon Jun 27, 2011 4:48 pm

Hey forum
Having gone through with EAC Protocol on establishment of the EAC Common Market which commenced its operation in 1st July 2010, I found a very interesting argument and conflicting one in relation to our procurement law. One of the principle of EAC Common Market as enshrined in Article 3 (2) of the EAC Protocol on establishment of the EAC Common Market provided that “ without prejudice to paragraph 1, the partner states undertake to (a) observe the principle of non-discrimination of nationals of other partner states on ground of nationality.
In additional to that, Article 35 of the same protocol provided that “ the partners states shall not discriminate against suppliers, products or services originating from other partner states for purpose of achieving the benefits of free competition in the field of public procurement."

Now, my concern is about national preference under Section 49 and 50 of the PPA, 2004. But, for the purpose of putting this argument clear to practitioners, I will go straight to Section 50(1) of the PPA, 2004 which provides that “Where financial resources are exclusively provided by a Tanzanian public body, each procurement of works goods or services that has a value not exceeding a threshold specified in the Regulations shall be reserved exclusively for local persons or firms” Basically, this section goes against the principle of EAC Common Market as well as Article 35 of EAC CM protocol of non discrimination against the suppliers from partner states. Even if you look at the new version of PPA (bill, 2010), section 53 (1), it talks the same thing as section 50 (1) of PPA, 2004.

In this case, what should public procurement officers do with regards to Article 35 of EAC CM Protocol?
i beg to submit.

mauka

Posts : 24
Join date : 2010-05-15

View user profile

Back to top Go down

Re: Procurement Act conflicts with other Acts

Post  fmwalongo on Tue Oct 12, 2010 12:26 pm

It is very common for the different laws to conflict each other.

If PPRA act conflict with another Act of parliament, the finding to be made is what among the two Acts was intended to addess that issue. Which Act was enacted with particular focus on that issue at hand.

If PPRA act conflicts with any regulqtion that is simple because in the hierachy of laws regulation are below the acts of parlament.

fmwalongo

Posts : 22
Join date : 2010-09-13

View user profile

Back to top Go down

Re: Procurement Act conflicts with other Acts

Post  mauka on Thu Aug 26, 2010 4:38 pm

Maduhu,
indeed, my concern resulted from possibilities of frauds that can be created by confusing and contradictory legislations, at the same time, PPA,2004 is silent, it doesn't declare its standpoint in case there is contradiction. As we know that, once International law is ratified by parliament, it becomes a part and parcel of our country law.

In this perpective, for instance you may find donor and credit agencies prefer to use thier procurement guidelines or international law rather than national legislations, in some case this has been helpful BUT in others, it's not helpful because the requirement of transparency is very higher under national legislations as the result important tool to fight against frauds in procurement is lost. Apart from that, an additional burden may be created to the local implementation agencies or public officals to be farmiliarized with donor's procurement guidelines. therefore,

Should public officals simultaneously handle several procurement processes under defferent regislations?

mauka

Posts : 24
Join date : 2010-05-15

View user profile

Back to top Go down

Re: Procurement Act conflicts with other Acts

Post  Maduhu on Tue Aug 24, 2010 9:55 pm

Can that situation occur? By the way, I am not good in Law unless PPA. If anyone has an example of the situation, please tell me.

Maduhu

Posts : 21
Join date : 2010-08-02

View user profile

Back to top Go down

Re: Procurement Act conflicts with other Acts

Post  RSM on Tue Aug 24, 2010 1:01 pm

RJM,

You have only clarified between Act and the Regulations.
Act [Principal Legislation] > Regulation [Subsidiary Legislation]. Therefore, in case of ambiguity between the two, the Act will prevail.
. What about the procurement Act with other Acts like the Law of Contract Act, which one should prevail?

RSM

Posts : 150
Join date : 2009-08-11

View user profile

Back to top Go down

Re: Procurement Act conflicts with other Acts

Post  RJM on Wed Aug 11, 2010 12:46 pm

Mauka,

Act [Principal Legislation] > Regulation [Subsidiary Legislation]. Therefore, in case of ambiguity between the two, the Act will prevail.

RJM

Posts : 256
Join date : 2009-07-30
Age : 66
Location : What is written without effort is in general read without pleasure

View user profile

Back to top Go down

Procurement Act conflicts with other Acts

Post  mauka on Sat Aug 07, 2010 5:56 pm

forums members
I have a question to put forward, In case there is a conflict between Public Procurement Act or the regulations made under PPA and any other Act such as Law of Contract Act or Sale of Goods Act or other regulations, in matters relating to procurement. Which Act or the regulations shall prevail?

mauka

Posts : 24
Join date : 2010-05-15

View user profile

Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum