Assessment of Legal Framework for Electronic Procurement in the Public Sector in Tanzania

Njwayo, Juma A. (2023) Assessment of Legal Framework for Electronic Procurement in the Public Sector in Tanzania. Doctoral thesis, The Open University of Tanzania.

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Abstract

This research aimed at assessing the legal framework of electronic procurement in the public sector in Tanzania. The framework's legal flaws were examined, and ideas for improving Tanzania's electronic procurement efficiency were suggested. The study adopted a qualitative research methodology and used comparative and doctrinal legal research techniques. It was found that Tanzania lacks essential regulatory bodies for software, provisions that acknowledge the role of IT specialists in the procurement process, risk management strategies for both financial, economic risks and security threats in the e-procurement cycle. Furthermore, Tanzania's constitution does not contain any articles recognising procurement. These legal problems seriously impede the efficiency of e-procurement procedures, which resulted by a lack of comprehensive e-procurement regulation. Therefore, if Tanzania is to benefit, the study recommends revising the current Public Procurement Act 2011(Cap 410 R.E 2022) and its ancillary legislation and replace with the comprehensive e-procurement regulation; to enclosure procurement in constitution, to establish software licensing authority, to create risk management control mechanism and to establish ratification process of codified international instruments like UNCITRAL Model Law on Public Procurement 2011,the World Trade Organization on E-Procurement 2012, the UNCITRAL Model Law on Public Procurement 2011; the World Bank`s Procurement Framework and UN Convention on the use of Electronic communication 2005 in order to improve e-procurement in Tanzania and also, to join with the Information Systems Audit and Control Association in order to control the financial and security risks in e-procurement. Keywords: Legal, Framework, Electronic Procurement, The Public Sector.

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