Economic & Commercial Law

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Browsing Economic & Commercial Law by Author "Kweka,Eveline"

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    Challenges in public procurement: an examination of legal implications of non compliance with procurement rules in selected institutions in Morogoro
    (Mzumbe University, 2019) Kweka,Eveline
    This study examined the Implications on Public Procuring Entities non-compliance with the Public Procurement Act, No.7of 2011 and regulations made there under at Sokoine University of Agriculture and Morogoro Municipal Council in Tanzania. The motivation behind the study was the annual reports of the Controller and Auditor General that exposed glaring non compliance with the laws on public procurement in spite of legal reforms recently undertaken in the sector. Primary and secondary data sources were consulted .The study adopted stratified random sampling whereby both qualitative and quantitative approaches were used. Qualitative approaches included questionnaires administration and in depth interviews with 50 out of the selected 60 respondents to gather non numerical data while quantitative approaches were employed to generate statistical data to answer to the research questions. Research findings overall pointed to substantial abrogation from procurement laws and regulations. Evidently, part of the reason for such non compliance or low compliance rates with procurement laws were found to be marginally low/poor oversight structures , complexity in the laws to suppliers, corruption in terms of favoritism in prequalification procedures and lack of adequately skilled procurement personnel at Sokoine University of Agriculture and at the Morogoro Municipal Council. In conclusion the researcher found out that there are several legal implications of non compliance with the procurement regulations on individual Procuring Entities, bidders and officials, among others, these included oral and written warnings, suspensions, interdictions and demotions of staff that breach procurement laws. Whilst, against the specific entities the steps included blacklisting, deregistration from the company registry and suit in a court of law to seek redress for violations of the procurement laws and regulations .The Auditor General wields another tool which is the issuance of qualified audit reports against public entities which can be used by prosecutors to hold individuals to account in serious cases of misappropriation of funds allocated.