Does the Public Procurement and Disposal of Public Assets Act [Chapter 22:23] apply to everyone?

The term ‘procurement’ refers to the acquisition of goods, construction works or services and in Zimbabwe, in terms of section 3(5), 4(1)(a) and 6(1)(a) of the Public Procurement and Disposal of Public Assets Act [Chapter 22:23] (the PPDPA Act), includes the disposal of any public assets.

The PPDPA Act applies to all the stages of the process of the procurement of goods, construction works, and services by procuring entities (including the disposal of public assets by procuring entities). Thus, every procurement entity in Zimbabwe has an obligation to adopt a method that complies with the general procedures in the PPDPA Act and the Public Procurement and Disposal of Public Assets (General) Regulations, 2018. see PMA Real Estate Agency (Pvt) Ltd v ARDA 2011 (2) ZLR 355 (H).

To the extent that the PPDPA conflicts with an obligation of Zimbabwe under or arising out of any convention, treaty or agreement between Zimbabwe and one or more foreign states or governments or one or more international financial organisations, the requirements of the convention, treaty or agreement shall prevail. However, the PPDPA does not apply to the procurement or acquisition of the following services:

• Fiscal agency or depositary services;
• Liquidation and management services for regulated financial institutions;
• Services related to the sale, redemption and distribution of public debt, including loans and Government bonds, notes and other securities;
• Arbitration or conciliation services; and
• Public employment contracts.