MP MARWICK DEMANDS ANSWERS FROM NEAL

MBABANE – Lobamba Lomdzala Member of Parliament (MP) Marwick Khumalo, has accused government of not adhering to the law that prohibits politicians and public officials from participating in government procurement tenders.

The MP said he was aware of individuals whose companies and those they had influence in participated in government tenders and was ready to name them. This happened last Thursday during a sitting at the House of Assembly. During the sitting, the seasoned legislator posed an oral question to Minister of Finance Neal Rijkenberg regarding the issue. The question posed was whether the Finance minister could, after consulting the attorney general (AG), give a clear and unambiguous explanation on the section of the Procurement Act pertaining to public officers’ ineligibility to trade with government and how such extends to their companies.Khumalo also asked the minister to elaborate on a case whereby it is the government that approaches the public officers’ company for goods and services.

Shared information

Giving a response, Rijkenberg first shared information on the provisions of the Public Procurement Act No.7 of 2011, in particular how it defines politicians and government officials.
He said according to the legislation, the title of  politician applied to MPs, senators, regional administrators (RAs), members of King’s Advisory Councils, chiefs and chiefdom councillors, municipal councillors, bucopho and tindvuna tetinkhundla. Elaborating, the minister cited Section 60 of the Act, which stipulates that a public officer and a politician shall not participate in tenders in public procurement.

“Let us be clear on what the Act says. The section prohibits the participation of public officers from public procurement. It applies to their personal capacity as well as when they are company directors. This is to avoid conflict of interest and corruption. Allowing politicians and public officers to participate would lead to decision that are not in the public interest as they can promote opportunities for bribery, favouritism and corruption practices that could arise if officials benefitted from government tenders,” the minister explained.

He mentioned that the provision also protects public trust in government institutions by ensuring that decisions are made partially and for the best interest of citizens.“The provision extends to companies owned or significantly influenced by the public officers or politicians,” he said. Responding to the second part of the question posed, Rijkenberg made reference to another section of the Act, which stipulates that which provides that the Agency (Eswatini Public Procurement Regulatory Agency (ESPPRA) may permit a deviation from a rule, procurement method, documents or process under the following conditions:
(a) where exceptional requirements make it impossible, impractical or uneconomical to comply with the Act;
(b) where market conditions or behaviour do not allow effective application of the methods, rules, processes or documents;
(c) for specialised or particular requirements that are regulated or governed by harmonised international standards or practices; or,
(d) where national security may be compromised.

He said the clause was clear that a deviation from the use of the public procurement method rule, policy or document may be permitted by the agency where exceptional requirements make it impossible, impractical or uneconomical to apply to comply with this Act. “The section means that there will be certain circumstances where government will need to engage the public officer or the politician and this would be in instances where the goods and services are only available from the public officer or politician and there is no other entity that provides the service in the country,” he said.

Conflict of interest

Not convinced with the response, the Lobamba Lomdzala MP asked the minister what he meant by saying that it was wrong and a conflict of interest but goes on to say that government can approach the politician or public officer. “And you say if government wants the services from you, it is no longer corruption? Government will not even go to tender, so is that not corruption?” the MP asked. He also asked to know if the minister could tell the nation in confidence that there has never been an incident where the act of government procuring from a public officer of politician has happened. He said in his view, the minister was not telling the truth regarding the matter.

“I submit Mr Speaker that what the minister is saying is not wholly true. Lastly, I request that government must make sure that when the deviation happens, they must not buy from me when other companies or individuals do have the same goods. Government must not just take the decision to buy from the public official or politicians when other entities have the same product. This is how it happens in this country and the minister knows. I am ready to give examples Mr Speaker here in Parliament, but I wouldn’t do it because it will affect other people,” he said. In jest, the minister said perhaps it would be good to share the names so that he could understand the issue better. Khumalo asked if he should share the names there and then and the minister laughed it off and said, ‘No, no’. Rijkenberg reiterated that there were circumstances where government had no choice but to apply the deviation.

Government entity

“For example, a government entity says that in this rural area we need to help these people with these goods and this is the only shop that can help. When the shop is owned by a politician, the government entity comes to request for a deviation. In the recent past there is only one deviation that I found and the reason was justified so one believes that everyone is doing their job to ensure that it is done right,” the minister said. Worth noting is that last year, this publication reported that Buy Cash Ltd, a company solely owned by Speaker Jabulani Mabuza, who was Minister of Agriculture at the time, was doing business with a government company that falls directly under his  portfolio.

This, however, is not to suggest that Khumalo was referring to Mabuza’s company when raising the oral question, as he did not name any. At the time, it was reported that Mabuza’s company was one of 16 suppliers appointed by the National Maize Corporation (NMC) - a parastatal under the Ministry of Agriculture - to be part of the Farming Input Subsidy Programme. This programme, which ensures that farmers, in preparation for the farming season, buy farming inputs at rates that are highly subsidised by government, is managed by the Ministry of Agriculture through NMC.

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