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Implementation of regional and international HIV prevention - SAfAIDS

Implementation of regional and international HIV prevention - SAfAIDS

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7.2 Procurement processesProcurement is a very pivotal aspect <strong>of</strong> the operationalisation <strong>of</strong> any plan or programme. In thissub-section we assess whether the <strong>HIV</strong> <strong>and</strong> AIDS co-ordinating bodies <strong>and</strong> Ministries <strong>of</strong> Healthin the two countries have published any binding procedures setting out transparent <strong>and</strong>equitable rules for procurement <strong>of</strong> goods <strong>and</strong> services from private suppliers <strong>and</strong> also assesswhether in practice there are mechanisms in place to ensure that these rules are enforced.In Swazil<strong>and</strong> NERCHA oversees procurement <strong>of</strong> ARVs, making use <strong>of</strong> funds from theGovernment <strong>and</strong> the Global Fund to Fight Aids, Tuberculosis <strong>and</strong> Malaria. To reduce thepossibility <strong>of</strong> abuse <strong>and</strong> misuse or misallocation <strong>of</strong> resources, NERCHA will not pay or transfermoney to banking accounts <strong>of</strong> implementing agencies, but it pays directly to suppliers inaccordance with approved projects. As the national co-ordinator for all activities related to <strong>HIV</strong><strong>and</strong> AIDS, NERCHA is also responsible for sourcing funding <strong>and</strong> disbursing it to affected <strong>and</strong>infected people.In Zambia procurement is an important function <strong>of</strong> both the MoH <strong>and</strong> NAC. Being publicservice institutions, they are both bound <strong>and</strong> guided by the Zambia National Tender BoardAct (Cap 394. MoH procurement is further guided by the Ministry <strong>of</strong> Health ProcurementManagement System (MoH, 2006-2010 Strategic Plan). The purpose <strong>of</strong> the procurementmanagement system is to provide a well co-ordinated, efficient, cost-effective, transparent <strong>and</strong>accountable procurement service to all levels <strong>of</strong> health care delivery. With the establishment<strong>of</strong> the Central Board <strong>of</strong> Health (CBoH) the central procurement functions <strong>of</strong> MoH were splitinto two. MoH is responsible for the development <strong>of</strong> policies <strong>and</strong> guidelines in line with theZNTB Act while CBoH was subcontracted by the MoH to deal with the procurement <strong>of</strong> publichealth goods <strong>and</strong> services financed by both the government or a donor. In order to furtherenhance transparency, efficiency <strong>and</strong> effectiveness MoH developed procurement plans in2004, in consultation with co-operating partners, leading to a draft procurement plan. NAChas its own procurement guidelines which are in keeping with the provisions <strong>of</strong> the ZNTB Act.Like the MoH, NAC has procurement systems <strong>and</strong> guidelines which guide all procurements.These guidelines are provided for in the NASF. However, there seem to be apparent challengesrelated to misappropriation <strong>of</strong> funds within the MoH due to loopholes in the system <strong>and</strong> aweak legal framework that has structural inadequacies.42

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