The role of public procurement in the time of a global pandemic
The role of public procurement in the time of a global pandemic
It typically takes 10 years for a vaccine to be developed and approved. Due to the urgency of the current Covid-19 pandemic, Covid vaccines have been developed and approved in mere months due to the WHO approved accelerated processes following a pandemic paradigm
However, a vaccine will have no effect on the public good, should it not reach the world’s people. For this to happen, the citizens of each country depend wholly on their governments to procure the vaccine and effectively administer it. The role of public procurement cannot be over-emphasised in this regard. President Ramaphosa in his latest address to the nation, highlighted the Covid vaccine procurement as the most complex logistical undertaking in South Africa, more so than the national elections. Ironically though South Africa is still to see a Covid vaccine procurement plan. This is notwithstanding that our Minister of Health proudly announces plans to purchase 1 million doses of the vaccine from the Serum Institute in India during this month. What comfort do South Africans have that this purchase will be administered in line with a credible procurement plan?
An efficient procurement plan addresses issues which go beyond the mere purchase of a good or service. In this instance the good in question is a biological substance which is sensitive to a myriad of elements. Immunisation is a key element of primary health care. The Covid-19 vaccine is therefore a primary health drug to which every South African is entitled. There is simply no room for procurement irregularities. A credible procurement plan which is in line with all constitutional procurement principles should at the very least address the following:
1. A legal procurement framework that is designed specifically for this national immunization programme. Currently the emphasis appears to be wholly on the procurement of the actual vaccine, and there is little discussion or consideration of other processes which need to be undertaken in order to effectively ensure immunization. Public procurement will be involved in almost every step of the immunization process, from purchasing of medical equipment, training of personnel to administer, store and handle the vaccine, establishment of digital information management systems, transport and storage services etcetera. The critical questions are, will the current de-centralised procurement system prove to be the most ideal framework for the nationwide immunization procurement? Will National Treasury once again fall back on emergency/deviation provisions to satisfy the procurement requirements? We have already seen the large incidents of irregularities committed with regards to covid related procurement using the deviation method. A procurement plan ought to have already being formulated which establishes a dedicated and centralized covid immunization procurement committee, manned by procurement practitioners who have demonstrated high levels of competency and integrity, as well as members of the private sector and the scientific community.
2. This central committee ought to have by now detailed all other immunization goods and services which will be necessary over and above purchase of the vaccine itself. A database of competent and qualified service providers ought to be established.
3. The procurement plan ought to have in place mechanisms to prevent the unlawful diversion of the vaccines to other markets. It is seriously concerning that our government has not informed the people what measures will be put in place to prevent the emergence of a black market.
4. A dedicated review body, to deal expeditiously and decidedly with allegations of irregularities in the procurement process.
It is rather questionable as to why South Africans are yet to see such a comprehensive plan. As the President explained in his address to the nation on the 11 January 2021, vaccine purchase negotiations have been underway for the past 6 months. And yet no one in government thought it important to develop an appropriate procurement plan ready to be implemented as soon as a vaccine becomes available for purchase? Or does government simply believe that it will be procurement as ususal in this specific instance? How will National Treasury legally justify the use of further emergency provisions in light of the fact that it has been known for months that our country will be undertaking a mass immunization programme? The Covid-19 immunization programme will test the public purse like no other national programme has so far. Our cherished constitutional procurement principles will stand or fall by the actions government takes during this procurement process.
Submitted by : Dr Sugudhav-Sewpersadh Attorneys
Specialist commercial and public sector attorneys
Visit us at www.drssattorneys.co.za