The PPP Government from its very laudatory position of 2003 when it promoted its relinquishment of authority over procurement matters, today argues that Cabinet must have a no-objection power over all procurement awards worth over $15M, even with the coming into being of the new regime under the Public Procurement Commission. This is not unsurprising to me.

This backsliding of position, I have argued, is because, firstly, this Government now realises that its most sumptious gravy train will be halted; and, secondly, so too will its shameless and blatant exercise of favouritism in the grant of contracts over $15M for materials, services and supplies come to an abrupt end.

The PPP Government of 2003 was not as corrupt as it is now. But that corruption trajectory and direction was fast becoming very noticeable.

When the Procurement Act of 2003 was being debated, many of the PPP proponents of that Act made it quite clear that they wanted  a procurement process which was above board and in which there will be no subversion of the Public Procurement Commission's functions and powers when that constitutional body became constituted and commenced operations. It was openly promoted and promised by the then PPP Government that the Public Procurement Commission was going to be constituted almost immediately after the assenting of the Procurement Act 2003.

I was fooled by this promise.

For the record, I want to point out what some of the leading PPP Parliamentarians and Ministers  said then in 2003 which makes the PPP's position one decade later so outrageous and contradictory.

Mr. Shaik Baksh: "The Cabinet's role will fade away so to speak. The Public Procurement Commission will take hold - so the Cabinet has no vested interest in holding on to these kinds of powers, but we have to give the Procurement Commission the opportunity to strengthen itself and so on."

Mr. Mansoor Nadir:  "This Bill has as its focus the removal of the politicians from the procurement process, the politicians from all sides. And it reinforces and entrenches the Procurement Commission... of keeping the politicians out of procurement... Many of my nights will be spent more fruitfully rather than to have to peruse contracts."

Sase Kowlessar to ensure this fading away of Cabinet's role in a complete manner and to make it patently clear that Cabinet must not have a hand in procurement matters upon the constituting of the Public Procurement Commission moved the amendment to Section 54 which myself and Mr. Doodnauth Singh, S.C., our then Honourable  Attorney General, drafted. Winston Murray, PNC member, at the behest of the then Speaker, Mr. Ralph Ramkarran, had played a role also. I had argued most strenuously with my PPP members that Cabinet must have nothing to do with procurement matters once the Public Procurement Commission comes into being. And, indeed, if they meant what they said as is reflected in the Hansard, then out of an abundance of caution and for certainty and clarity in future there should be a sub-section (6) to section 54 of the Act to capture that intention.

The Hansard from which these extracts can be obtained, namely the 14th Sitting of the 2003 Debates, will reflect then Finance Minister, Sase Kowlessar, manifesting this intention with these words: "Mr. Chairman, I move the following amendment. Insert the following sub-section (6) to Clause 54 to read as follows: "Cabinet's involvement under this section shall cease upon the constitution of the Public Procurement Commission..."

Tell me what could be clearer but that Cabinet no longer must play a role upon the constitution of the Public Procurement Commission? Why today this same PPP Government wants a no-objection power over the Public Procurement Commission? I am convinced that it is because of the reasons I mentioned earlier.

The PPP members of the Assembly and of Cabinet at this sitting of Parliament, with their eyes wide open, all voted for this amendment. They all said that this piece of legislation was the best in the Caribbean; and, that it accorded with best international practices. You had to hear them. Even I joined the chorus and spoke in support of this Act to placate some of the concerns and very valid criticisms put up by the PNC members, especially Winston Murray, Jerome Khan and Robert Corbin.

As I said, I had honestly believed that the Public Procurement Commission would have been constituted and become operational shortly thereafter. A communiquÉ signed by Corbin and Jagdeo to this effect was made public at this Debate.

With this as the background, I hope a better appreciation is had on this issue. And, all the more reason why more condemnation should be directed by all stake-holders against this self-serving no-objection power the Cabinet wants to install as a condition before the coming into being of the Public Procurement Commission. The PPP's deception and hypocrisy is being exposed now that its skirt is being lifted.

After this Bill was approved in the National Assembly and assented to by President Jagdeo, I waited with great expectation for the constitution the Public Procurement Commission as was promised by the President and senior PPP officials, and as was commanded by the Constitution of Guyana, Article 212 (a) since 2001. I waited, and I waited. Instead of a properly constituted Public Procurement Commission I got a good kick in the backside some eight months after, being expelled for activities detrimental to the Party's interests as a result of a recommendation from a kangaroo disciplinary court set up by Jagdeo, Ramoutar and Luncheon.  

I still await, even up to today, for the constituting and operationalisation of this Public Procurement Commission. As I write, it seems the PPP just can't name five nominees to the Public Accounts Committee. What a shame! How unprincipled!

Next week I will rebut the reasons proffered by the PPP Government, through its Cabinet Secretary, Roger Luncheon, as to why Cabinet must have this no-objection power retained even under the Public Procurement Commission regime. We must never permit any such no-objection power in the hand of the Cabinet, whether it be under this PPP Government or any other.

Khemraj Ramjattan

Leader AFC

28th June 2013