Interrogating the Scope of Punitive Measures in the Public Procurement Legal Regime in Zimbabwe

In Zimbabwe, the government uses the tendering process, which is governed by a number of laws and legal precepts, to secure contracts for the purchase of services and goods required to uphold, improve, and advance public claims. Public procurement in Zimbabwe is governed by the constitution which is the supreme law of the nation as cited in section 2, legislation and procurement regulations. It is critical to bear in mind that criminal actors in procurement systems are business organizations, therefore the necessity of keeping the system functional must be balanced with the appropriateness of consequences for them. So, in order to influence behavior and discourage criminal activity, civil penalties and criminal consequences must be delicately balanced. How strictly and fully these two sorts of penalties should be applied depends on the sector's characteristics and importance to Zimbabwe's economic system. Therefore, the primary goal of this study is to investigate the extent of the sanctions imposed on Zimbabwe's public procurement law framework. The background of the study, the problem statement, the research objectives, the literature review, the research methods, and the chapter summaries will all be examined in this section of the study. The research adopted a qualitative research methodology. It is evident from the discussion that Zimbabwe's public procurement system complies with the minimal and fundamental standards for enforcing procurement laws. This is a result of the system's poor and inadequate controls, which have a negative impact on the vital energy industry 

TABLE OF CONTENT

DEDICATION 

ACKNOWLEDGEMENTS 

TABLE OF CASE LAWS 

TABLE OF STATUTES

ABSTRACT 

TABLE OF CONTENTS 

CHAPTER 1: INTRODUCTION AND BACKGROUND 

1.1 INTRODUCTION 

1.2 BACKGROUND OF THE STUDY 

1.3 STATEMENT OF THE PROBLEM 

1.4 RESEARCH OBJECTIVES 

1.5 RESEARCH QUESTIONS 

RESEARCH METHODOLOGY 

1.8 CHAPTER SYNOPSIS 

CHAPTER TWO: MECHANISMS FOR PUNISHMENT IN PROCUREMENT LAW 

2.1 INTRODUCTION 

2.2 THE USE OF CIVIL PENALTIES 

2.2.1 Debarment

2.2.2 Financial Sanctions 

2.2.3 Integrity Agreements 

2.2.5 Access Restrictions to Government Contracts

2.3 CRIMINAL PENALTIES 

2.5 CONCLUSION 

CHAPTER THREE: MECHANISMS FOR PUNISHMENT IN THE ZIMBABWEAN

PROCUREMENT SYSTEM 

3.2.1 Debarment 

3.2.2 Financial Sanctions 

3.2.3 Denied Access to Government Contracts 

3.2.4 Cancellation of the Procurement Contract

3.3 CRIMINAL PENALTIES 

3.4 CORRUPTION PREVENTION METHODS 

3.5 PENALTIES UNDER THE PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSET

ACT 

3.6 CONCLUSION 

CHAPTER FOUR: PUNITIVE MEASURES IN THE PUBLIC PROCUREMENT IN SOUTH

AFRICAN AND BOTSWANA 

4.1 INTRODUCTION 

4.2 PUNITIVE MEASURES TO COMBAT PUBLIC PROCUREMENT CORRUPTION IN

BOTSWANA 

4.2.1 Criminal measures in Botswana

4.2.2 Administrative measures in Botswana 

4.2.2.1 Debarment

4.2.2.2 Suspension and delisting 

4.2.2.3 Suspension and Delisting Disciplinary Committee 

4.3 PUNITIVE MEASURES TO COMBAT PUBLIC PROCUREMENT CORRUPTION IN SOUTH

AFRICA 

4.3.1 The relationship between procurement and corruption in South Africa 

4.3.2.1 Constitution of the Republic of South Africa of 1996

4.3.2.3 Local Government Finance Act 2003 

4.3.2.4 Prevention and Control of Corruption Act, 2004

4.3.2.5 Public Administration Act, 1994 

4.3.3 Punitive measures in the public procurement in South African context 

4.3.3.1 The use of civil penalties 

4.3.3.2 The use of Criminal penalties in South Africa

4.4 CONCLUSION 

CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS

5.1 RESEARCH CONCLUSIONS 

5.2 RECOMMENDATIONS 

5.2.2 Create a blacklist system for corrupt activities 

5.2.3 Establishment of electronic procurement system 

5.2.4 The need for political will

5.2.6 Reviewing laws

5.3 CONCLUSION 

BIBILIOGRAPHY