This House adopts the Report of the Committee on Delegated Legislation on its considerati…

Motion text

THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Public Procurement Regulatory Authority Circular No. 04/2025 on the enforcement of compliance with the mandatory use of the electronic government procurement system (e-GPS) by all public procuring entities in contravention of section 77 of the Public Procurement and Asset Disposal Act, Cap. 412C, laid on the Table of the House on Tuesday, 19th August 2025, and pursuant to the provisions of section 18 of the Statutory Instruments Act, Cap 2A, this House annuls in its entirety the Public Procurement Regulatory Authority Circular on the enforcement of compliance with the mandatory use of the electronic government procurement system (e-GPS) by all public procuring entities, published as Circular No. 04/2025, for the following reasons— (i) Contravention of Articles 2(1)&(2), 10, 27(2), 94(5) and 227 of the Constitution relating to supremacy of the Constitution; the national values and principles of governance including public participation, transparency and accountability; equality including enjoyment of all rights and fundamental freedoms; power to make provisions having the force of law and contracting for goods or services with a system that is fair, equitable, transparent, competitive and cost-effective; (ii) Contravention of sections 9 and 77 of the Public Procurement and Asset Disposal Act, Cap. 412C relating to the function of the Authority which do not extend to creating binding obligations and the recognition that tender submissions may be made in either manual or electronic form; and (iii) Contravention of sections 2, 6, 11, 13, 22 and 24 of the Statutory Instruments Act, Cap 2A relating to interpretation of a statutory instrument; submission of a regulatory impact statement on each statutory instrument; requirement for publication and tabling of a statutory instrument before Parliament; and exercise of powers in making statutory instruments.