NOTICE PAPER NO. 445 (SENATE AMENDMENTS TO PUBLIC PROCUREMENT BILL, 2021)

PARLIAMENT OF THE KINGDOM OF LESOTHO

NATIONAL ASSEMBLY

NOTICE PAPER NO. 445

Tuesday, 21st June, 2022

NOTICE OF SENATE AMENDMENTS TO PUBLIC PROCUREMENT BILL, 2021.

Notice given on Tuesday, 21st June, 2022.

Hon. Minister of Finance

  1. In Clause 4 sub-clause (1) (d), after the word “government” insert the words “or with shares above fifty percent”.
  • In Clause 8 after sub-clause (a), insert a new sub-clause (b) as follows and renumber sequentially:

“(b) Only goods and circumstances that have been listed under Schedule 5 shall be eligible”.

  • In Clause 15, line 4, after the word “Authority” add the words “after consultation with the Minister of Foreign Affairs”.
  • In Clause 19 sub-clause (2), after the word “advertised” add the words “competitive and assessed”.
  • In Clause 20 sub-clause (2), line 2, after the word “performance” delete the comma and the words “and shall not necessarily be successive”.
  • In Clause 22, line 1, after the word “may” insert the words “after consultation with the Chairperson and having followed due process of the law”.
  • In Clause 22 sub-clause (a), line 1, after the word “absent” delete the word “from” and substitute it with the word “for”.
  • In Clause 23 sub-clause (2), line 1, after the word “for” delete the words “the remainder of a term of office of a vacating member” and substitute them with the words “four years”.
  •  In Clause 29 sub-clause (2) (a), line 1, after the word “years” delete the words “and may be reappointed” and substitute with the words “which may be renewed for”.
  1.  In Clause 35 sub-clause (1) (b), after the word “sources” add the words “approved by Cabinet”.
  1.  In Clause 38 sub-clause (3), after the second “the” delete the word “Tribunal” and substitute it with the word “Annual”.
  1.  In Clause 38 sub-clause (3), after the word “Parliament” add the words “within a period of three months, if the Minister fails to table the report within the stipulated time the Prime Minister shall within a month table a report”.
  1.  In Clause 41 sub-clause (1), line 2, after the word “performance” delete the comma and the words “but may not necessarily be successive”.
  1.  In Clause 41, after sub-clause (3), add a new sub-clause (4) as follows:

 “(4) A member of the Tribunal shall be eligible for office for two terms only”.

  1.  In Clause 48 sub-clause (3), line 3, after theword “within” delete the words “reasonable time” and substitute with the words “thirty days after registration”.
  1.  In Clause 60 sub-clause (3), line 2, after the word “of” delete the word “two” and substitute it with the word “three”.
  1.  In Clause 74 sub-clause (1), line 1, after the word “tenderer” delete the word “and” and substitute it with the word “or”.
  1.  In Clause 74 sub-clause (1), line 3, after the word “request” delete the word “an” and substitute it with the words “a written”
  1.  In Clause 81 after sub-clause 1 (1) (c) (ii), delete numberings “(vi) (vii) and (viii)” and substitute them with “(iii), (iv) and (v)”.
  •  Insert a new schedule 5 to Clause 8 as follows:

SCHEDULE 5

  1. Financial Resources Limitations where it could be impossible to acquire new equipment due to excessive prices e.g. airplanes, hospital machinery.
  2. Reduction of lead-time for awaiting new items which are considered to take two or more years for manufacturing. e. g. Airplanes.
  3. Acquisition of existing infrastructure such as office buildings, warehouses and/or accommodation houses for civil servants across the country.
  4. Acquisition of Agri-equipment such as tractors, harvest-equipment, etc
  5. Construction equipment such as bulldozers, caterpillars, cranes etc.
  6. Heavy duty haulage equipment

——–