Dr. Tafotie is a Pr1merio advisor with a legal & business focus on both African and European markets. A member of the Luxembourg Bar, he is also a lecturer in law at the University of Luxembourg. His focus areas include project finance/public private partnerships, banking & finance, and corporate law.
In his latest paper on essential infrastructure development on the African continent, Roger not only embarks on a mission to clarify the valuable role of public-private partnerships (“PPPs”) — he also reminds us that, beyond “well-drafted projects contracts,” there must also be an “effective and efficient African regional regulatory oversight system, with clear roles and lines of command, that is able to protect against ills such as self-dealings and anti-competitive alliances or monopolies,” including “the monitoring of the tendering process against corruption.”
Enhanced competition and an effective oversight system to weed out corruption in the bidding (and execution) process not only protects the local, national or regional governmental issuer of the infrastructure PPP. In order to keep all stakeholders, including global financing institutions or other private lenders, in a position of “acceptable risk,” a well-supervised competitive process is essential to tender selection and project execution.
Will technological tender process end the reign of “tender-preneurs”?
Biztech Africa‘s Tom Jackson reports from Connected East Africa conference in Diani, Kenya, that former Kenyan permanent ministry secretary Dr Bitange Ndemo has given a speech on how corruption is holding back technological investment in the country.
The paper reports that development as a tech hub in East Africa is “being held back by corruption and “tender-preneurs” who take advantage of lax procurement regulation.”
The speaker was in the ministry until 2013 and has since returned to the University of Nairobi. Referring to new government initiatives to digitise the procurement process (in order to prevent and/or limit corrupt tenders), he said that “I hope, and I pray, that this anti-corruption process at the moment reveals the true ‘tender-preneurs’.”
“Because the problem is in the procurement law and the PPP law. We have super wheeler dealers behind and then you are the one that gets in trouble. But if they were to decide to work for the people then Kenya would be developed in one year. Because they can execute.”
Neren Rau(CEO – SACCI) Advocate Glynnis Breytenbach(Former Senior Deputy Director of Public Prosecutions in the Pretoria Regional Office for the Specialised Commercial Crime Unit) Kenneth Brown(Chief Procurement Officer – National Treasury) Steven Budlender(Advocate of the High Court) Andreas Coutsoudis(Advocate of the High Court) Luke Kelly(Advocate of the High Court) David Lewis(CEO – Corruption Watch) Mike Hellens SC(Advocate of the High Court) Vincent Maleka SC(Advocate of the High Court) Gilbert Marcus SC(Advocate of the High Court) Anthony Norton(Director – Nortons Inc.) John Oxenham(Director – Nortons Inc.) Anton Roets (Director – Nortons Inc.) David Unterhalter SC(Advocate of the High Court)