WHAT ARE THE REASONS OF CORRUPTION IN TANZANIA PUBLIC PROCUREMENT

Hi! Uwezo,
Thank you for the inputs on this thread “REASONS OF CORRUPTION IN TANZANIA PUBLIC PROCUREMENT”. I wish to make a summary of your contribution so that other members can easily pick the points and comment accordingly. You have listed 3 reasons of corruption in Tanzania Public Procurement as follows;
1. Unethical behavior – It is known to all that giving/receiving any thing in course of function in procurement process/contract management is corruption Yet unethical employees receives it (what should be done????????????)[/i]
2. Insufficient working environment – Poor working environment and low payment to PMU staff influences corrupt practices as a straggle to bridge the income gape
3. Ambiguous Public Procurement Act – The PPA 2011 has numerous errors which are yet to be amended. Practitioners uses these ambiguity to insert their undue influence to bidders ([i]Uwezo Please list those errors to easy review)

Members please give your comments

Hello GWK,
First I would like to bring members' mind to definition of Corruption, According to sec. 3 of PPA 2011, “corrupt practice means the offering, giving receiving or soliciting of anything of value to influence the action of a public officer in the procurement process or contract execution". It has been a endless perception of the public that non -compliance to the PPA 2011 and its regulations form a clearly and sole evidence of corruption in public procurement!. It is very important to take a note that, non-compliance is not the only fact one can rely on to judge a PE corrupt. But it demand another special investigation to proof beyond doubt that the PE real corrupted in a certain tender/contract management . Forexample, A PE may delay to open/or award a tender within specified tender validity period. As a result of PPRA or CAG audit this PE will be revealed non compliant. Here factual questions rise and they need to be investigated such as: why delayed? is it corruption related? Who gave? who received? where? how much was it? etc...then the outcome to these rose questions will give the factual decisions to whether the PE corrupted or not. I dare to mark a very important view, non- compliance to the law should not be sole factor to conclude the PE as corrupt one because there are various factors other than corruption influencing non-compliance including inadequate knowledge to the PPA 2011
However,  PPRA developed corruption red flags which can rely on to sense likely environment of corruption and request PCCB who are expert to carry out special investigation for such particular tender, contract or person as the case may arise. According to PPRA's AEPR 2012 if a PE scores high in corruption red flags qualify to be submitted to PCCB for corruption investigation. In this view PCCB is the one that can conclude whether a PE or procurement officer corrupted or not. it's right time now to correct GWK's perception on corruption in public procurement that, it is a poor and wrong perception to say that "all public procurement practitioners are corrupt".
 
However, recent trend of Corruption in procurement in Tanzania is silent as can not be drawn from PPRA or PCCB, I really doubt if Tanzania is one leading neighbour countries. It is the fact that there are some public officials who receive and/or give corruption to meet their personal benefit at the cost of the public. But let us be honest " is this happening in only public procurement?" I real know that it is not happening in only public procurement. Because I have been asked to address causes of corruption in public procurement the following form foundation of corruption in public procurement:
1.Unethical behaviour: It is not true for the efforts paid up by PPRA, PCCB and Public Ethics commission that today, there is a public official who real do not know that giving, soliciting or receiving anything of value in course of his/her position/function in procurement process or contract management is corruption and it is a prohibition of the PCCB PPA 2011 but yet they do it!
2.Insufficient working environment: It is the fact that poor working environment influence corrupt practices. According to Rugaba (2011) the survey revealed that PMU had no adequate offices to carry out their responsibilities and they were paid below their basic expectations. It is undisputable argument that if you are paid low you will try to struggle for fittest.
3.Ambiguous public procurement law: It is better to understand why there should be a procurement law in place? and what is a good law? this is a long discussion but let us objectively draw the lines whether PPA 2011 is unambiguous or not?. Since PPA 2011 became into operational 20/12/2013  numerous errors were identified and yet to be amended to time of this post. So practitioners use these ambiguous  to insert their undue influence to bidders

Dear forum member
It is my opinion that Farugu Deus has gone to the extremity. However, the point of corruption in public procurement should not be left without thorough discussions so that we go out of this misfortune.

Huge amount of the Public funds is used for Procurement and the CAG in his 2012/2013 report stated that "I generally state that the status of compliance with Public Procurement Legislation in Local Government Authorities is still Not satisfactory" (CAG report 2012/2013 para 7.1). To me the word not satisfactory mean poor/bad. (Excellent, Good, Satisfactory, Poor, Bad).

Here have mentioned LGAs but does not mean other part of the Government is clean, let us all join our hands in all area of Public Service to abolish this missile which is destroying our beloved Country and retarding its Development

Let us discuss the following points;
1. Who is the champion of procurement legislation (my answer: Procurement specialists and all who participate in the procurement activities)
2. Who therefore can conduct procurement without adhering to provisions in the legislation (Ans: Procurement specialist)
3. What causes bending the law in Procurement (my answer: 1st, Corruption, illiteracy)

Hence corruption has been part in many public procurement.

FARUGU DEUS wrote:In Tanzania public procurement, corruption has been a part of procurement to all persons who participate in the procurement activities. What are the reasons for it?

I dont think this is the real situation.

This is the question we should ask every Tanzanian and not on in the procurement sphere.

Farugu Deus,
Could you first place present the statistical data and reference to support your contention to see the extent of corruption you are talking about?. I am saying this because saying that in Tanzania public procurement corruption has been a part of procurement to all persons who participate in the procurement activities to my opinion needs some literature and reference before going to reasons.

In Tanzania public procurement, corruption has been a part of procurement to all persons who participate in the procurement activities. What are the reasons for it?