Abstract
The Ghana government introduced procurement regulation in 2003 to govern the public procurement function in the country. However, high levels of irregularities still abound in the performance of the procurement function. The Auditor-General’s reports for the years 2014 to 2018, revealed procurement irregularities at the country’s District Assemblies. These irregularities could pose high corruption risk to the procurement process by creating fertile grounds for fraud and corruption in public procurement practice at the District Assemblies. Although articles have been written about procurement practice in Ghana, not much has been said about the practice at the district level. This article therefore seeks to fill this gap. The article throws a critical searchlight on public procurement practice at the country’s District Assemblies. The methodology employed is a doctrinal one whereby the adherence or otherwise to public procurement laws of the country by the District Assemblies is looked at. The analysis of procurement practice at the assemblies has revealed that the hub of the matter facing public procurement in Ghana is the elusiveness of implementation of the tenets of the procurement regime. Having identified the weaknesses in the procurement practice, the article suggests palliatives by resorting to innovations reported in other jurisdictions to address the gap.
Highlights
[1] One of the strategies adopted by the government of Ghana to fulfill these social contract pledges to procure and deliver basic goods, works and services to the people of the country was the introduction of public procurement regulation
This article proceeds to direct a critical searchlight on Ghana’s public procurement law and procurement practice at the country’s District Assemblies from the year 2014 to 2018 and assesses the weaknesses that resulted in procurement irregularities for the period under review
The officials involved in procurement irregularities use their control over the procurement process to sometimes extract bribes from contractors, who are willing to participate in the corruption scheme
Summary
Ghana’s Constitution requires, inter alia, that the State takes all necessary action to ensure that the national economy is managed in such a manner as to maximize the rate of economic development and to secure the maximum welfare, freedom and happiness of every person in Ghana as well as provide adequate means of livelihood and suitable employment and public assistance to the needy. [1] One of the strategies adopted by the government of Ghana to fulfill these social contract pledges to procure and deliver basic goods, works and services to the people of the country was the introduction of public procurement regulation. The objects of Act 663 (as amended) are, inter alia, to ensure that public procurement is carried out in a nondiscriminatory and transparent manner. Transparency as one of the objectives in Ghana’s procurement regulation requires publicity for public procurement opportunities, and general rules limiting the discretion of procuring entities as well as verification of the fact that the rules have been followed. This article proceeds to direct a critical searchlight on Ghana’s public procurement law and procurement practice at the country’s District Assemblies from the year 2014 to 2018 and assesses the weaknesses that resulted in procurement irregularities for the period under review. It proceeds to assess the efficacy of the country’s procurement laws by analyzing the Auditor-General’s reports on procurement irregularities at the District Assemblies. It is important to comment on the concept of corruption, and the article proceeds to look at this phenomenon
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