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Guyana’s legal framework too weak to punish Govt. corruption-Ramkarran
…says procurement system also needs reform
Kaieteur News- Former Speaker of the National Assembly, Ralph Ramkarran, believes Guyana’s legal framework is not robust enough when it comes to punishing corruption in government.
Former Speaker of the National Assembly, Ralph Ramkarran
Ramkarran shared this view during a Globespan 24X7 programme, ‘Nation Building- Guyana Beyond 2030’ last week. The Senior Counsel was asked by a Senior Journalist from this newspaper, who was a co-host of the inaugural episode, whether he believes the laws are robust enough for punishing government corruption. Ramkarran also shared his perspective on how this issue could be tackled.
He said, “I don’t think the laws are robust enough but it’s not only a question of laws, it’s a question of systems. The procurement system needs reforming in many ways and the procurement commission, the laws need reforming to enable the commission (to carry out certain functions).”
The Attorney-at-Law recalled that the body had previously expressed its limitations in intervening in a specific contract, subsequent to its award, although several breaches were found.
To this end, he noted, “The whole apparatus needs reforming so that these bodies have the power to take decision to reject decisions and change contracts.”
Ramkarran pointed out that the National Procurement and Tender Administration Board (NPTAB) consists mainly of public servants. This Board plays an important role in scrutinizing bids and making recommendations for the award of contracts. The Lawyer is however, of the view of that there are other key stakeholders, in addition to public servants, who should be appointed to serve on that Board. For instance, Ramkarran said that members of the private sector, educators, independent individuals and journalists should be included to make recommendations and monitor the award of contracts.
“So, the system needs reforming, not only the question of laws, the system needs reforming,” he concluded.
Earlier this month, Opposition Members of Parliament (MPs), Ganesh Mahipaul and Christopher Jones, submitted a Motion to the National Assembly, seeking an amendment to the Procurement Act to allow the Opposition to have a seat on the National Procurement and Tender Administration Board.
The Motion stressed that it is essential to ensure that all segments of society, including the Parliamentary Opposition, are able to contribute to and oversee the procurement process, fostering a spirit of inclusivity and strengthening the overall trust of the public in the government’s actions.
Opposition parties have continuously accused government of awarding contracts to family and friends of the People’s Progressive Party (PPP) rather than ensuring a fair distribution to qualified entities or individuals.
Powers of Procurement Commission
In April last year, the Public Procurement Commission (PPC) in a report found that TEPUI – the company closely linked to social media personality, Mikhail Rodrigues, popularly known as the ‘Guyanese Critic’- had failed miserably during the evaluation process for bids at the level of NPTAB but it was still handed an $865 million contract to build a pump station at Belle Vue, West Bank Demerara (WBD).
The PPC report highlighted several procurement breaches committed by TEPUI and overlooked by NPTAB in awarding the contract.
The investigation was launched into the award of the contract after a complaint was lodged with the PPC by Opposition Member of Parliament, David Patterson, who raised concerns over the questionable circumstances under which the contract was awarded. For its part, NPTAB had previously defended the contract award to TEPUI, claiming that it followed the systems, processes and procedures enshrined in the Procurement Act and its regulations in the award of contracts.
According to the report, the contractor- TEPUI– did not demonstrate that it had construction experience or “[completed] projects of a similar nature” to the Belle Vue pump station project. The document also highlighted several other breaches.
Be that as it may, the PPC does not have the legal power to revoke the award of any contract.
(Guyana’s legal framework too weak to punish Govt. corruption-Ramkarran)
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