REMOVING SECTION 89 OF PUBLIC PROCUREMENT ACT SHOWS UPND’S DISREGARD FOR CITIZENS – DR. ZIMBA
Lusaka, Sunday (May 7, 2023)
Former President Edgar Lungu’s Political Advisor Chris Zumani Zimba has urged the UPND Administration to halt plans to amend Section 89 of the Public Procurement Act No.8 of 2020 which requires any company participating in public procurement, to partner with Citizens.
Dr. Zimba says Section 79 has already solved the problem that government is advancing to be the reason why Section 89 should be amended.
He said the motive behind the proposed amendment will only advantage foreign companies because Zambians will no longer benefit from public procurements.
“Section 89 establishes the eligibility criteria for anyone wishing to participate in our Public Procurement. As you can see in 89(1) h, foreign companies (whether local or international) must partner with Citizen Companies for them to be eligible. This requirement applies to all procurement methods in our land including the now abused direct bidding (Single sourcing),” he said.
Dr. Zimba said the intention of the Law was to ensure citizens got their Constitutional first Right of Refusal in Public Procurement, build capacity where they lack, and ensure transfer of skills and technology to citizens.
“This is where this govermment has a problem. This requirement simply means Zambians must be involved in every procurement, and every coin spent by their government. So while they have found it easy to single source every government tender, this section 89 awaits to take some of them to prisons because it will be essentially impossible to justify why citizen companies are not partnering with these foreign companies being single sourced,” he said.
Dr. Zimba urged the UPND Administration to reduce on the huge appetite to give foreigners business, leaving Zambian citizens in poverty.
“They single sourced fertiliser and Ocean Basket to do Lusaka-dual carriage way, have you heard about any of Zambians involved? NO. Everything
has been single sourced under this administration, but they cannot cheat their way passed this partnering requirement. They know that they are committing crimes everyday under this Law. Once they get rid of this requirement, they now will be at liberty to choose who supplies what,” he said.
Dr. Zimba said Zambia enact the Law because it was a Constitutional duty for the Government to create an enabling business environment for
the citizens of the Republic as guided by Article 10(1) and 10(2) of the Constitution Amendment Act of 2016.
“It is not a favor, but a constitutional demand that governments must take seriously. This single sourcing and these innuendos to change this requirement for foreigners to partner
with Citizens is Unconstitutional, and we must interrogate if these people are acting
Constitutionally. Zambia is for Zambians, resources in Zambia belong to Zambians,” he said.