Dear Editor,
Since writing on May 10, 2021, on the urgent need to get the Public Procurement Commission (PPC) operational, this important body has still not yet been constituted, while a holdover staff of 20 languishes for 16 months without leadership. The term of the last Public Procurement Commission (PPC) that was initially set in motion in 2016, expired on October 27, 2019; but 2 Commissioners were each granted a one-year extension (until October 2020) in accordance with the constitution. Thus, from October 2020, there has been no oversight in the contracting process. For how long more would this unsatisfactory situation persist?
The PPC is an independent body that is responsible for the investigation of irregularities in the contracting process and to recommend remedial measures. It also monitors the contracting process of agencies to ensure they comply with rules and protocols. The purpose of the PPC, as set out in Article 212 (A) (A) of the Guyana Constitution, “is to monitor public procurement to ensure ….fairness, equity, transparency, value for money and competition…. (and) that the procedures of public procurement are executed in accordance with the Laws of Guyana.” While the PPC has no enforcement authority, it could make recommendations to Parliament for corrective measures, including the application of sanctions. The protracted delay in the appointment of this body tends to undermine the notion of good governance, inclusive of transparency and accountability, qualities that are foundational to carrying out the responsibilities set out in the Procurement Act. The Public Accounts Committee of Parliament should desist from engaging in Parliamentary maneuvers and proceed immediately to send for Parliamentary approval the 5 nominees as Commissioners.
Chair of PAC, Mr. Jermaine Figueira has signaled some movement when he said that they are waiting on background checks on 3 nominees from the Commissioner of Police. Assuming that exercise is completed within the next few days, recommendations for PPC appointments could be sent to Parliament before month end. There is also a concern raised about ‘conflict of interest’ that may apply to a couple of nominated members. The practical issue here is: “who determines if a candidate has a conflict of interest?” Other jurisdictions have established a Conflict-of-Interest Board (CIB) to address such concerns. Given the huge amount of government contracts that are awarded, it is important therefore that consideration be given to the establishment of such a Board. In addition, Parliament must understand that there could never be a perfect candidate for any position. It should therefore not make perfection the enemy of the good.
The PPC Chair is reminded that the PPC has been one of the signature projects of his party (APNU+AFC) which they claim would be another layer of transparency and accountability in the process towards good governance. It is reasonable to expect, therefore, that the PAC, under Mr. Figueira’s leadership, move now to have these nominees approved by Parliament. The PPC cannot continue to pay staff of an agency whose decision-making authority, the Public Procurement Commission, is not in place. Furthermore, the outgoing Chair of PPC, Carol Corbin, says that the delay is putting vital procurement reforms at risk. Parliament should not allow this ugly situation to continue any further.
Sincerely,
Dr. Tara Singh
