GODFREY TIPEDZE _B1850553_THE PROFESSIONAL ENGINEER _ASSIGNMENENT
NUMBER THREE (EEN2204)
1a) Green procurement
Green procurement is defined as the acquisition of goods, works, services or consultancies
whose results have the least possible harmful effects on the environment, human health and
safety. Green procurement concept can be referred to as sustainable procurement, which
considers different social, economic and environmental aspects. It is defined as the process
through which organizations meet their goods, services and work’s needs, generating value for
money based on life-cycle analysis. Green procurement does not benefit only the organization,
but also society and the economy as a whole, while also trying to reduce the negative impacts on
the environment. Green procurement offers multiple benefits to countries such as the
minimization of negative climate change impacts, better value for money and compliance with
both national and international environmental sustainability commitments. For example, through
sustainable procurement, governments can reduce their environmental footprint by promoting the
construction of energy efficient buildings and sustainable highways, protecting human rights,
supporting the most vulnerable parts of society and minorities.
1b) The process of law making in the Parliament
Public Bills generally go through preliminary stages before they are brought to parliament. The
Minister first presents proposals to cabinet. Once cabinet is satisfied that the proposals are in line
with government policy the responsible Minister is directed to prepare a draft Bill along the
agreed lines. The Legal Drafting Department in the Attorney General's office prepares a draft bill
for consideration by the cabinet Committee in Legislation. Once the Bill has been approved by
Cabinet it is then published in the Government Gazette about 14 days before its introduction in
Parliament.
Stages of a Bill in Parliament
Upon gazetting, the Bill stands referred to the Portfolio Committee that shadows the Ministry
responsible for administering the Bill. The Portfolio Committee consults the public through
public hearings or oral evidence interviews to get their input on the Bill. The Committee prepares
a report that is presented at Second Reading Stage.
First Reading
The responsible Minister gives a written notice to the House of his/her intention to present a bill.
On the approved day, the Minster introduces the Bill in the House by reading the long title of the
Bill. No debate takes place during this stage, as it is a formal way of introducing the Bill in
Parliament. Once the Clerk of parliament has read the Bill for the first time the Bill is referred to
the parliamentary legal Committee. The parliamentary Legal Committee will determine whether
the Bill, if enacted, will contravene the Declaration of rights or any section of the Constitution.
Constitutional Bills are not referred to the Parliamentary Legal Committee.
Second Reading
When a non-adverse report from the Parliamentary Legal Committee has been received, the Bill
is set for second reading. At this stage the responsible Minister explains the principles of the Bill.
The Chairperson of the relevant Portfolio Committee presents the Committee's report on the Bill.
Members are given opportunity to debate the general principles of the bill and on conclusion of
debate, the Bill is read a second time. If any amendments are to be made to the Bill, the
amendments have to be placed on the Order Paper at this point prior to the Committee Stage.
Committee Stage
At this state the House resolves itself into the Committee at the Whole House. The
Speaker/president of the senate leaves the chair and the Chairperson of Committees resides. The
Bill is the considered clause by clause. Any proposed amendments made the Minister, relevant
portfolio Committee or individual members are considered during debate on the relevant clause.
Report Stage
The President of the Senate/Speaker resumes the chair and the chairperson of the Committee of
the Whole House reports the Bill with or without amendments. If a bill is reported with
amendments, it is referred back to the Parliamentary Legal Committee which considers the
amendments and reports back to the House. Once a non-adverse report is received from the PLC
the Bill is then set for consideration to formally adopt the recommendations. If a Bill is reported
from the committee of the Whole House without amendments, it is set for third reading.
Third Reading
For an ordinary Bill, a simple majority of the members present and voting is sufficient to pass the
Bill. For a constitutional Bill, Section 52(3) of the Constitution requires that for a Bill to be
deemed to have been passed, it should get at the final vote in either House, the affirmative
support of at least two thirds of the total membership of the House. After this stage, the Bill is
transmitted to the other House.
Transmission to and Passage in the Other House
Once a Bill has been passed in the House in which is originated, it is transmitted to the other
House and is set for second reading. The Bill then goes through all the other stages described
above. If the other House adopts amendments to the Bill, the Bill is then referred back to the
House of origin for concurrence. On Money Bills, the senate can only propose amendments and
the decision of the House of Assembly prevails.
Disagreement between the Senate and the House of Assembly
The Constitution provides mechanisms for the resolution of disagreements between the two
Houses on Bills. Paragraph 3 of Schedule 4 to the Constitution states that if a disagreement
between the Whole House is not resolved by the two House, within 90 days, the bill may be
presented to the President for assent in the form in which it was passed in the House of
Assembly, except for minor changes required by the passage of time, together with such
amendments if any, as the Senate and the House of Assembly may have agreed on. This process
applies to all other Bills except Constitutional Bills.
In terms of section 53 (3) of the Constitution, a constitutional Bill shall be deemed to have been
passed by parliament if at the final vole there are in either House, it receives the affirmative vote
of not less than two thirds of the total members hip of each House. However, if the Senate does
not comply with subsection (3) within a period of one hundred and eighty days of the
introduction into the Senate, of a Constitutional Bill passed by the House of Assembly, the bill
shall be deemed to have been passed by parliament.
Presidential assent
Once a Bill has been duly passed by Parliament in terms of the Constitution and the provision of
the Standing Orders and is the authenticated by the Clerk of Parliament, the Bill is then presented
to the Head of State for assent. The President is required to assent to the Bill within twenty-one
days. If he withholds his assent, he shall return the Bill to Parliament.
Enrollment of the Act
After the Presidential assent, the Clerk of Parliament shall cause the authenticated copy of the
Act to be enrolled on the record in the office of the registrar of the High Court. Such copy shall
be conclusive evidence of the provisions of such Act.
2a) open competitive tendering
Open competitive tendering is when a tender is advertised in the electronic or a print media and
made open to all interested national and international Tenderers. A reasonable fee is paid for the
acquirement of the Tender. E-mail or hand written Tenders are used and are deposited into the
Tender Box. The fundamental requirements of open competitive tendering are: to be open to all
qualified and interested bidders, be advertised locally (and internationally, when required), have
objective qualifications criteria, have neutral and clear technical specifications and have clear
and objective evaluation criteria, and be awarded to the least-cost provider, without contract
negotiations.
2b) Limited competitive tendering
It is a procurement method that limits the request for tenders to a select number of suppliers,
contractors or service providers. Although considered a competitive procurement method,
competition is limited to only firms shortlisted or invited by the procuring entity. The number of
suppliers and service providers dependents on the stipulations of the public procurement legal
framework. Competition is confined to a certain number of firms either because only a few firms
are qualified to fulfill the specific type of requirement, or certain conditions warrant the use of a
limited number of firms in order to reduce the time and cost of the selection process.
2c) single source procurement
This is the acquiring goods, services and construction works from only one source. It should be
used only under exceptional circumstances such as for emergency situations, when only one firm
or individual is qualified to fulfill the requirement and for the continuation of previous work, or
additional work that cannot be acquired from another firm and when limited and open
competitive tendering cannot be used.
2d) direct purchasing
It is also called informal purchasing. Direct purchasing procurement relates to purchases of
goods and services of small value and which are routine in nature. It is also used in cases of
extreme emergency. At least three quotations from local suppliers must be obtained and
compared. Examples of direct procurement include purchases of mechanical parts for
manufactured goods, ingredients for food products, and subcontracted labor for construction
services.
3a) Standard Association of Zimbabwe (SAZ)
It is the association which ensures standards so as to improve quality, health, safety, economic
development, and growth.
3b) National Social Security Authority (NSSA)
NSSA is a corporate body that deals with the social security schemes for the provision of
benefits to the contributors of the scheme. Functions of NSSA are to administer every Scheme
and fund in terms of the act. It also advise the Minister of Labour and Social Welfare on all
matters concerning the operations of Schemes and on matters relating to social security in
general.
3c) Environmental Management Agency (EMA)
The Environmental Management Agency is a statutory body responsible for ensuring the
sustainable management of natural resources and protection of the environment through
prevention of pollution and environmental degradation. For Electronic Engineers, they are
enforced to adhere to the policy of radioactive materials. For one to use the radioactive he/she
must apply for the license from EMA.
3d) Engineering Council of Zimbabwe (ECZ)
It is a council for Engineers which is mandated in the following:
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To consider and administer applications for registrations;
To maintain the Register of Engineers and Technicians;
To issue practicing certificates to registered persons and to cancel or suspend such
certificates;
To ensure that constituent bodies have adequate procedures to enforce ethical practice
and discipline among Engineers and Technicians registered under the Engineering
Council Act and
To encourage cooperation between constituent bodies in matters of common interest, just
to mention a few.