Jagdeo’s office highly suspicious of delayed swearing in

Public Procurement Commission

The Office of the Leader of the Opposition on Tuesday said that the Government’s seemingly deliberate manoeuvres at delaying the swearing in of the five-member Public Procurement Commission (PPC) is “highly suspicious”.

The National Assembly on August 8, 2016, in a historic two-thirds majority vote, approved the appointment and establishment of the Commission which will comprise of Emily Dodson, Carol Corbin, Ivor English, Sukrishnalall Pasha and Dr Nanda Gopaul.

But, almost two months later, Jagdeo’s Office said the Commissioners are still to be sworn in and Government continues to make all sorts of excuses as to why the Commission has not been in place.

It singled out a recent statement by Prime Minister Moses Nagamootoo that the delay is due to the Government fixing the salary and office for the PPC, while President David Granger on October 1, 2016, was quoted as saying that while a date and time for swearing in had been announced, concerns about the drafting of the Term of Reference (ToR) is being delayed.

The Opposition Leader’s Office pointed to Article 212 of the Guyana Constitution which makes the independence of the Commission clear regarding the election of the Chairman and deputy by the members; the establishment of the Secretariat and hiring of the CEO and staff by the Commission; the approval of the National Assembly of the terms and conditions of the CEO and two senior staff. The emoluments and allowances paid to Commissioners being determined by the Public Accounts Committee after consultation with the Commission.

“The parliamentary Opposition reiterates that the setting of the Terms of Reference [ToR] is not the remit of Government but of the Commission and Commissioners itself where only the National Assembly and the Public Accounts Committee have specified roles,” Jagdeo’s Office stated.

It said therefore that it will “vehemently oppose” the involvement of the Government or any of its agencies in setting up the TOR of the Commission, the hiring and setting of salaries of staff for the Secretariat in the absence of the properly constituted and sworn in PPC, which will be a violation of the Constitution.

“There is no acceptable reason for further delay in the swearing of the Commissioners,” Jagdeo’s office said, adding that “When the recess is over the PAC chaired by the PPP will be ready to carry out its responsibilities as outlined in the Constitution.”

Jagdeo’s office reminded that while in Opposition, the A Partnership for National Unity/Alliance For Change (APNU/AFC) used its majority to remove Cabinet’s “No objection” role in the award of contracts and subsequently holding the Anti-Money Laundering and Countering the Financing for Terrorism (Amendment) Bill 2013 “ransom” in the ninth Parliament until, PPC was appointed and established, therefore, “this delay is not just inexplicable it is immoral belying their rhetoric over the last 13 years and election promises.”

The Opposition said that it expects the PPC when sworn it will make investigating the several corruption scandals level against the Government a priority.

“With 25 scandals and corruption listed over the last 16 months, the parliamentary Opposition expects that one of the first things the Commission would have to investigate is the drug bond scandal and other questionable contracts which are in violation of the Procurement Act and regulations implemented by all levels of Government and State agencies.” The Public Procurement Commission is expected to reduce or prevent corruption in procurement by monitoring procurement and the procedure to ensure that the procurement of goods, services and the execution of works are conducted in a fair, equitable, transparent and cost effective manner.

Its functions include monitoring and reviewing all procurement systems; procedures of ministerial, regional and national procurement entities and project execution units; monitor performance with respect to adherence of regulations and efficiency in procuring goods and services and execution or works; investigate complaints; investigate irregularities; initiate investigations etc.