Analysis and advice on the legal effect of the Cotonou agreement on the Zambia Public procurement Act

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Maimbo, Daniel
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This study sought to generate an understanding and knowledge of issues surrounding the utilisation of European Development Fund (EDF) procurement procedures on funds granted to Zambia by the European Union (EU) under the Cotonou Agreement, at the expense of utilising the Public Procurement (PPA) Act of Zambia. The sample included all the GRZ ministries and agencies that have fundamental role in the initiation, signing and execution of the Cotonou Agreement. The study was conducted using a legal centralist approach. A desk study approach focused on the Agreement and subsequent documents; the Constitution, the PP and the Public Finance (PF) Acts; and judicial precedents. Data was analysed qualitatively. The most significant findings are that, on one hand, utilizing EDF procurement procedures on EDF funded procurements under the Cotonou Agreement is mandatory; on the other hand, all grants to Zambia are public funds on which the PP Act is applicable unless an alternative procurement system has been approved as per the Act. Despite the EDF procedures not being domesticated, they are being applied by the National Authorising Officer (NAO) of the EDF for all EDF funded procurements. There is need to amend the PP Act so as to make it clearer and realistic on what law is applicable for donor funds with mandatory, but distinct procurement rules and procedures. Where necessary, domestication of alternative rules and procedures has to be effected speedily.
Government Purchasing-Zambia , Government Purchasing-law and legislation , Buy Natural Policy