Public Procurement Regulation in Zimbabwe A Constitutional Analysis

Abstract

The promulgation of the Constitution of Zimbabwe (Amendment No.20) in 2013
ushered in a new procurement dispensation in Zimbabwe, in that, public procurement
has been accorded a constitutional status. Section 315(1) of the Constitution outlines
cardinal principles to underpin public procurement. These fundamental principles are
transparency, fairness, honesty, cost-effectiveness, competitiveness and openness.
To give effect to these principles, their contextual meaning and various constitutional
provisions will be examined consistent with the rule that constitutional provisions
cannot be construed in isolation. As such an in-depth study of mutually reinforcing and
resonating constitutional provisions will be done to establish the constitutional public
procurement standard. Aspects connected to public procurement such as sustainable
procurement, good governance, public accountability, collateral objectives of public
procurement and public procurement and human rights will also come under scrutiny
in this article. Findings from this research paper demonstrate that the
constitutionalisation of public procurement law is delightedly welcome by suppliers and
contractors, and the general public. This lays a firm legal framework for the enactment
of public procurement legislation. It is submitted that the magnification of procurement
principles enunciated in the Constitution through legislation and the operationalisation
thereof is hinged on political will. The principal aim of this article is to provide an
exposition of the constitutional foundations of public procurement law in Zimbabwe.