Economic & Commercial Law

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Browsing Economic & Commercial Law by Author "Athanace, Eustard Peter. N."

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    Local government authorities’ compliance with public procurement law in mainland Tanzania: a case of Dodoma and Chamwino councils
    (Mzumbe University, 2019) Athanace, Eustard Peter. N.
    This study examined the adequacy of the legal and regulatory framework of public procurement in LGAs in Mainland Tanzania with the view to determining the factors that make LGAs fail to comply with the said law and make recommendations thereto. The study was motivated by the fact that, notwithstanding different reforms and efforts done by the government to improve the public procurement legal and regulatory framework, the Controller and Auditor General (CAG) and Public Procurement Regulatory Authority (PPRA) reports shows that in Local Government Authorities (LGAs) there is non-compliance with the said framework. The study used case study design and qualitative approach whereas data were collected through documentary review, interviews, and open-ended questionnaires. The consultation was made to 40 respondents out of 48 selected respondents who were obtained through random and purposive sampling from Dodoma City Council and Chamwino District Council. The data obtained through documentary review and field study both through questionnaire and face to face interview was thereby analyzed and interpreted qualitatively. The findings of this study show that there are several weaknesses in the legal and regulatory framework of public procurement in Mainland Tanzania which mainly contribute to LGAs’ non-compliance with the public procurement law. One of the major weaknesses is the complexity of the law, toothless organs, and institutions of enforcing compliance, centralization of the PPRA, and lack of independent oversight authority. The study recommends for further amendment to the public procurement legal and regulatory framework to reduce the complexity of the law, establish an independent oversight authority, decentralize the PPRA offices and create of a mechanism for the general public to lodge complaints in case of PEs' non-compliance with the law.