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Council executive director against Chairperson of the council
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Re: Council executive director against Chairperson of the council
RJM Tue Mar 08, 2011 2:20 pm
GadielCM and Mauka this is the case where SIASA SUPERSEDE PRINCIPLES.
No doubt that there is contradiction between the PPA 2004, Local Government GN 177 of 2007 and Local Government(Urban Authorities) Act. While PPA2004 stipulates that one of the functions of the AO is to sign contracts for the procurement activities on behalf of the procuring entity [S33(h)] other legislation say opposite. Definitely regulation cannot supersede the Act but the thorny issue here is two Acts conflicting each i.e. PPA 2004 and Local Government (Urban Authorities) Act. If my memories are correct I remember previously RSM asked in this forum what happen if two Acts are conflicting each - this was not discuss at all! I think we should start from here.
Second, to my knowledge the contract is signed by two parties and each party represented by duly authorized person with their witnesses. Even the Form of Agreement contained in the Form of Contract issued by PPRA is prepared that way - I do not how LGAs format their Forms of Agreement to accommodate two signatories [Chairman + DED] and how does this works.
Third. I case of sue and be sued who will represent the council in the court? In other words who is "executive"?
No doubt that there is contradiction between the PPA 2004, Local Government GN 177 of 2007 and Local Government(Urban Authorities) Act. While PPA2004 stipulates that one of the functions of the AO is to sign contracts for the procurement activities on behalf of the procuring entity [S33(h)] other legislation say opposite. Definitely regulation cannot supersede the Act but the thorny issue here is two Acts conflicting each i.e. PPA 2004 and Local Government (Urban Authorities) Act. If my memories are correct I remember previously RSM asked in this forum what happen if two Acts are conflicting each - this was not discuss at all! I think we should start from here.
Second, to my knowledge the contract is signed by two parties and each party represented by duly authorized person with their witnesses. Even the Form of Agreement contained in the Form of Contract issued by PPRA is prepared that way - I do not how LGAs format their Forms of Agreement to accommodate two signatories [Chairman + DED] and how does this works.
Third. I case of sue and be sued who will represent the council in the court? In other words who is "executive"?
RJM- Posts : 260
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Age : 73
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Council executive director against Chairperson of the council
GadielCM Wed Dec 15, 2010 7:51 pm
Mauka,
Let us define first who is the Accounting Officer and its responsibilities and powers in inclusion of Local Government Authorities application of procurement laws.
In my view, the Chairperson of the council or Vice chairperson to appear or to sign the contract is not an issue. It said to be the third party to witness the awarded contract like the same can be signed by AO and other second witness person e.g Legal Officer of the particular PE.From this point of view, there is no any problem about the chairperson to sign the contract and it remains that the AO/DED in the Local Authorities responsible for contract implementation and any disputes and the appropriate person to sign the contract in view of who is accounting officer remain to be Council Executive Director.
I submit
Let us define first who is the Accounting Officer and its responsibilities and powers in inclusion of Local Government Authorities application of procurement laws.
In my view, the Chairperson of the council or Vice chairperson to appear or to sign the contract is not an issue. It said to be the third party to witness the awarded contract like the same can be signed by AO and other second witness person e.g Legal Officer of the particular PE.From this point of view, there is no any problem about the chairperson to sign the contract and it remains that the AO/DED in the Local Authorities responsible for contract implementation and any disputes and the appropriate person to sign the contract in view of who is accounting officer remain to be Council Executive Director.
I submit
GadielCM- Posts : 69
Join date : 2009-08-21
Council executive director against Chairperson of the council
mauka Fri Dec 10, 2010 9:23 pm
Dear forums members,
I got question here, basically this is another debatable issue and i got it from a friend of mine....As provided for under Section 33(h) of PPA,2004, the Accounting Officer in executing procurement process in the procuring entity is the one having the responsibility to sign contracts on behalf of the procuring entity.
However, Regulation 21(1)(i)&(2) of the Local Government Authorities’ Tender Boards (Establishment and Proceedings) Regulations, 2007 read together with Section 20(2)(3) of the Local Government (District Authorities) Act and Section 117(2) of the Local Government(Urban Authorities) Act, shows that in order for any contract or other document to be considered to have been duly executed by or on behalf of any Local Government Authority (Council) it must be signed by the Chairman or the Vice Chairman and by an officer of the authority duly authorized in that behalf by a resolution of the Council
MY concern is Between the Council Executive Director and Chairperson of the Council, who is the appropriate person to sign a contract on behalf of the Council?
I got question here, basically this is another debatable issue and i got it from a friend of mine....As provided for under Section 33(h) of PPA,2004, the Accounting Officer in executing procurement process in the procuring entity is the one having the responsibility to sign contracts on behalf of the procuring entity.
However, Regulation 21(1)(i)&(2) of the Local Government Authorities’ Tender Boards (Establishment and Proceedings) Regulations, 2007 read together with Section 20(2)(3) of the Local Government (District Authorities) Act and Section 117(2) of the Local Government(Urban Authorities) Act, shows that in order for any contract or other document to be considered to have been duly executed by or on behalf of any Local Government Authority (Council) it must be signed by the Chairman or the Vice Chairman and by an officer of the authority duly authorized in that behalf by a resolution of the Council
MY concern is Between the Council Executive Director and Chairperson of the Council, who is the appropriate person to sign a contract on behalf of the Council?
mauka- Posts : 24
Join date : 2010-05-15
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