28 Jul, 2024
Public Servants to face jail for ignoring NeST System in procurement
By: Joseph Muhozi, Dodoma
Government employees who conduct public procurement without using the NeST System will be committing a criminal offense and will face imprisonment and fines according to the Public Procurement Act of 2023.
Speaking on a special segment of Tenda Radio, the Director of Legal Services at the Public Procurement Regulatory Authority (PPRA), Adv. Paul Kadushi urged government institution leaders and employees to adhere to the requirements of this law, which came into effect on June 17, 2024, and its regulations, which commenced on July 1, 2024.
Kadushi clarified that the repealed law did not mandate the use of an electronic system for procurement, leading many institutions to make procurements without using the system.
“However, this new law [Public Procurement Act of 2023] now mandates all procuring institutions to use the electronic system for procurement,” Adv. Kadushi told Tenda Radio.
“For any public servant who violates these legal requirements, Section 128 (2) of the Public Procurement Act of 2023 clearly states that they will have committed a criminal offense and, upon conviction, will face a penalty of imprisonment for up to three years, a fine not exceeding 10 million shillings, or both,” Kadushi added.
The Director of Legal Services explained that procuring institutions encountering challenges using the NeST System should contact PPRA for solutions. He mentioned that PPRA has six regional offices providing services to all stakeholders, in addition to the headquarters in Dodoma.
The regional offices and their locations are as follows: Lake Zone (Mwanza - Regional Commissioner’s Office), Central and Western Zone (Tabora – Regional Commissioner’s Office Building), Northern Zone (Arusha – PSSSF Building), Coastal Zone (Dar es Salaam – Treasury Building, Madaraka Street), Southern Zone (Mtwara – PSSSF Building), and Southern Highlands Zone (Mbeya - NHIF Building).
Additionally, Kadushi stated that to ensure all institutions understand how to use the NeST System, PPRA has already provided training to public institution employees and continues to offer such training regularly. This training is also provided to suppliers in various regions to enable them to participate in public procurement processes transparently and fairly.
Commenting on the efficiency of the NeST System, Kadushi noted that the system, which came into use on July 1, 2023, has enhanced transparency, accountability, fair competition, and access to accurate information.