Contracts monitoring in public procurement refers to the systematic and continuous oversight of contractual agreements entered into by government entities with suppliers, contractors, or service providers. Public procurement involves the acquisition of goods, services, or works by government agencies, and contracts monitoring is a critical aspect of ensuring that the procurement process is transparent, fair, and aligned with legal and ethical standards.
Access to Information Triggers Improved Cleanliness and Better Hygiene in Salima Township
Hygiene and cleanliness in the markets of Salima district has improved. On a monthly basis Salima District Council organizes general clean-up campaigns in which all citizens and officials gather to clean their areas of work and residence. The exercise involves clearing bushes and collecting baggage from the town and market places. This campaign started at the beginning of 2022, following a petition by the citizens to Salima District Council demanding for better services. The petition was triggered after five (5) cases and one death had been reported and were referred to Salima district hospital.
According to Peterson Issa, the coordinator of Centre for Human rights Rehabilitation (CHRR), before the petition, the district was characterized by littered garbage everywhere and outbreaks of diarrheal diseases like cholera was common yet, according to information displayed on the District Council’s noticeboard there was enough revenue.
Accordingly, in June 2021, the market business community, wrote a petition, matched to the district council demanding for better services. This forced the District Council to have a meeting immediately which made a decision to institute period clean-up campaigns, the district leadership also developed a WhatsApp group which has district leaders, business community and CSO representatives to coordinate the clean-up campaign. This campaign is also done in other parts of the district.
Proactive disclosure and response to information requests had hitherto project intervention been a big challenge. At the beginning of 2021, the project conducted a disclosure and access to information training workshop for public officials and CSOs during which civil servants were trained on disclosure obligations under Access to Information Act as well as the importance of disclosing public information beyond the requirements of the law. On their part, CSOs were trained on their right to information, how to exercise it under the law, and more importantly, how to use accessed information to constructively engage duty bearers. As a result, Salima District Council started disclosing information on revenue and government tenders to its notice boards. According to Salima District Information Officer Ms Christine Musalika, this has become a major source of information for action by citizens which they actively use to demand for or monitor the implementation of government programmes.
The clean-up campaign is important in several respects. First, it started as a result of community access to information on the Council’s revenues and petition for better service delivery. On the one hand, it demonstrated the power of citizens’ informed demand and on the other, responsiveness of government when constructively engaged with compelling information. Knowledge by citizens how to access information held by government agencies and public officials, understanding of their obligation to and importance of disclosing information was obtained from training conducted by the project.
Secondly, there was improvement in community hygiene which reduced the incidence of disease outbreaks. This brought community ownership of the campaign that has been sustained so far. More importantly, this action built the confidence in the community on how to use access to information to make effective demand for better service delivery in their communities.
In 2021, the Hewlett funded project trained 40 civil servants and public officials in Salima district on citizens’ right of access to information and their obligation to disclose this information under the Access to Information Act. The training also covered the importance of disclosure of public information beyond the requirements of the law. In addition, the project also trained 24 CSOs and Journalists from the same district on their right to access public information and how to exercise it under the law.
To strengthen the use of accessed information to monitor the delivery of social services, the project trained and deployed 10 community monitors in Salima. I suggest we clarify whether District or market where they were deployed. Further, the project also conducted awareness raising on access to information and open contracting through radio talk shows.
Following the training, Salima District Council started disclosing more information on revenues received as well as public tenders their notice boards more regularly and consistently. In addition, the District Council prioritized responding to information requests from citizens. On the demand side, there was increased demand for information through information requests and visits to the district to get information on the noticeboards. Citizens’ knowledge of information on government revenues and piling of garbage in the Council triggered protests and petition by the community to prioritise garbage collection.
We draw a number of lessons from this experience on both the demand and supply sides. On the demand side, we learn that when citizens have information, they are in position to make informed demand for better service delivery. Secondly, we also learn that when citizens have knowledge, they use it to engage on a variety of issues and services that affect them. On the supply side we learn that understanding of law and ability to implement it plays a critical role in facilitating disclosure and responsiveness of public officials.
Contractor of Linthipe Primary School Forced to Refund 200,000MKW after 4 Years of Abandoning a Project he was contracted for!
Shortage of classrooms was a big problem at Linthipe Primary School in Salima District in Malawi. To address this problem, in 2015 parents mobilized themselves and engaged a contractor to undertake the construction works. However, he abandoned work before completion but after having received payment.
Following training by AFIC and CHRR on access to information and open contracting, a community monitor who happened to be a member of the School’s Parents’ Teachers Association (PTA) shared outcomes of the training with other members of PTA. The PTA then called for a meeting involving their Member of Parliament, Parents, PTA and the contractor. At the meeting, they demanded that the contractor completes the work or refund the money advanced. The contractor opted to refund 200,000 MKC, following which a new contractor was engaged to complete work on the abandoned two classroom blocks.
The Power of Information: Citizen Monitoring Revives a 14-Year Abandoned Health Project
As the age-old adage goes, ‘’ information is power’’! It represents a fundamental principle that underscores democratic societies and empowers communities; one such testament to the power of information is the story of the Aworopataa community health centre.
Over a decade ago, in 2008, the Aworopataa community in the Techiman Municipal Assembly, a contractor, had commenced the construction of a community health centre, promising to bridge the healthcare gap. While the project was tied to a more significant assignment in the community, it had the potential to change the lives of many. With the initial construction reaching the roofing and primary finishing stages, it looked set to serve the community, but the health centre’s construction halted without explanation. The once-promising structure became an eyesore, taken over by bats, and insects, and surrounded by weeds. As years rolled by, the facility that was meant to promote health ironically turned into a deteriorating symbol of neglect.
Fast forward to 2020, the LANETs (Local Accountability Networks) from AFIC’s partner, Ghana Anti-Corruption Coalition (GACC,), were trained on access to information, open contracting and community monitoring under the project funded by William and Flora Hewlett foundation. The LANETS armed with the power of information, set out on a mission to monitor 28 government projects in different communities and Aworopataa was one of them. Their strategy was based on pillars crucial for active citizenship – access to information, open contracting, citizens’ participation, and contract monitoring.
Despite facing challenges in accessing all required information on some facilities, the LANETs persisted and monitored Aworopataa health center. the monitoring exercise unveiled the sorry state the health unit was in and specifically revealed 14 years of abandonment.
The findings evidenced by pictures were submitted to the Techiman Municipal Assembly, which committed to completing the abandoned projects. Soon after, the health centre that had been left in ruins for over a decade was not just restored but commissioned, ready to serve the community.
This facility’s revival is more than just bricks and mortar coming together. It represents hope and health for over 12,000 individuals from 400 households. Women, children, and men who had been devoid of proper healthcare for 14 years finally have access to the services they deserve. The centre’s revival means better disease management, reduced child and maternal mortality, and improved general well-being. In addition with fewer health concerns, individuals can work efficiently, children can attend school regularly, and the elderly receive the care they require. The collective effort to bring the health centre back to life also fostered unity and trust within the community. It has become a symbol of what can be achieved when a community comes together, well-equipped with the right information.
Placenta Pit Constructed at Pemba Health Centre as a result of Citizen Demands
The discharge of medical waste at Pemba Health Centre in Salima district of Malawi was for a long time a significant community concern due to bad odor and ugly scenes of places where damping was taking place around the health facility. This is no longer the case since the construction of a placenta pit at Pemba Health Centre. Although Malawi had passed the Access to Information Act in 2019, most people including women, youth and persons with disabilities in the country were not aware of this law and how they could utilize it to address problems in the community.
Following the training on access to information and open contracting under the Hewlett Foundation-funded project implemented by AFIC in partnership with CHRR in Malawi, community monitors in the Linthepe community led by Ms Edrina Kenamu approached their area Member of Parliament demanding an explanation why their health Centre did not have a placenta pit since it was constructed in 2018. Following this request, the member of Parliament initiated work and the placenta pit was built and completed for use in 2022. Community members were pleased and are happy that disposal of medical waste has greatly improved with no bad odour, no longer carry the litter and the environment looks clean.
The construction of the placenta pit for the community is as important as the process through which is was achieved. This change is important because it impacts on the health status of the community as a whole by reducing the risk of unsafe disposal of pathological waste which may result in harmful microorganisms that can infect hospital patients, health workers and the general public as well as lead to drug-resistant microorganisms which spread from health facilities into the environment. In addition, proper disposal helps to maintain a clean and tidy environment around the health centre as opposed to litter everywhere. The process of using public information to demand for services from duty-bearers empowered local communities and demonstrated that their vigilance and demand for accountability helped them access better services.
The project trained participants on how to access and use public information. During the access to information training, participants were informed on how to turn concerns into information requests and use accessed information to advocate for better policies and programmes. Practical experiences were done by helping participants identify government-abandoned or poor-performing projects, identify information needed about these projects to understand the issues, the agency holding needed information and how to apply for it.
With this knowledge, one of the trained participants gained confidence and used acquired knowledge to request for information regarding the construction of a placenta pit and waste management at Pemba Health Centre. The confidence of the citizens to engage the area Member of Parliament. The ability for the women in the community to identify the issue and follow it up until it was resolved. The community is aware of their rights to better service delivery and use of information to demand for their rights.
We learn from this case that various problems citizens face in their communities could be resolved if they understand their right to information and how this is linked to these problems. We also learn that when citizens including women are equipped with knowledge, their confidence to engage duty bearers to get their problems resolved is boosted.
Championing Transparency: The Battle for Open Procurement in Malawi’s Healthcare
Public contracting is often referred to as the world’s largest marketplace, and for a country like Malawi, this isn’t an understatement. A staggering 70% of the nation’s budget allocation is directed towards it, with the health sector taking up a significant chunk for goods and services procurement. Central Medical Stores Trust (CMST) stands at the forefront of this vast market, bearing the hefty responsibility of driving procurement to meet the healthcare needs of every Malawian. Being a public trust, its operations are not just commercial—they are bound by the principles of transparency and accountability enshrined in Malawi’s Constitution, the Access to Information Act, and the Public Procurement and Disposal of Assets Act.
Dennis Mwafulirwa, a vigilant citizen and selected community monitor, received training on open contracting and access to information from CHRR, and Africa Freedom of Information Centre (AFIC) supported by the William and Flora Hewlett Foundation. In May 2021, Dennis sought to uphold the spirit of transparency by submitting an information request to CMST, requesting for information on procurements by the Trust that had been done in the previous years. The CMST’s silence in response to his diligent follow-ups spoke volumes. But Dennis did not give up on his goal and escalated the issue to the very top of CMST by submitting an internal appeal; and when that also proved futile, he turned to the Malawi Human Rights Commission (MHRC) – the guardians of the Access to Information (ATI) law.
The MHRC recognized the gravity of the issue and using their mandate instituted a committee that conducted an in-depth investigation about the issue. It was the first of its kind and this investigation led to recommendations that didn’t just serve Dennis but potentially every citizen of Malawi. The ruling recommended that CMST provides Dennis with the information requested for.
Following this ruling CMST also went ahead to improve their disclosure systems by training for staff on the ATI, revamping internal appeal and complaint-handling mechanisms to mirror the ATI Act’s requirements, and how to manage the sought-after information.
In addition CMST now boasts of a dedicated Information Officer, ensuring that transparency isn’t just an obligation but a daily practice. They’ve proudly showcased this commitment on their website. Dennis’s tenacity and the MHRC’s intervention underlined a vital message – the importance of transparency isn’t limited to words on paper; it’s about making a real-world impact. It’s a testimony to how one person’s pursuit can reshape institutions and strengthen democracy.
Verification of bid documents has become a norm in the Procurement process
Poor selection of contractors can result into protracted appeals and litigation, delays, poor performance as well as time and cost overruns which in turn undermines value for money in a contracting process. To mitigate the risk, the law requires that selection is carefully done to ensure fairness in the process and selection of competent firms. To determine capacity it is a requirement for certain documents are submitted as part of the bidding process. These include among others, powers of attorney of key personnel and tax clearance certificates.
Due to limited staffing and associated costs, verification of bid supporting documents submitted was not emphasized. This became a loophole that scrupulous contractors can exploit. During the bidding Mr. Abdallah a trained community monitor by AFIC requested for information upon examination of which found that one of the bidders for the construction of a classroom block at Nanyonza Primary School, Ms Nanda Contractors and Suppliers Limited had submitted a falsified Income tax Clearance and Powers of Attorney. He lodged his complaint through a petition to the tender evaluations committee and the Uganda Registration Service Bureau- URSB.
Upon verification with the Uganda Revenue Authority and proposed personnel, it was established that the documents had been forged. The company was warned that if a similar situation is repeated in future, it would be submitted to the Public Procurement and Disposal of Public Assets Authority (PPDA) for blacklisting.
Although this made city authorities uncomfortable, causing delays in the process, it also educated them on the importance of verifying documents. The bid was eventually won by Ms NANI Hardware Limited at a cost of eighty-four million eight hundred thirty-nine thousand eight hundred seventy-six Uganda Shillings. Following this incident, Mbale City Council institutionalized verification of documents submitted in the bidding process and this eliminated forgery and paved the way for better performance of awarded contractors.
Poor selection of contractors can result into protracted appeals and litigation, delays, poor performance as well as time and cost overruns which in turn undermine value for money in a contracting process. To mitigate the risk, the law requires that selection is carefully done to ensure fairness in the process and selection of competent firms. To determine capacity it is a requirement for certain documents are submitted as part of the bidding process. These include among others, powers of attorney of key personnel and tax clearance certificates
Empowered Citizens
Before 2020, poor selection of contractors and execution of government contracts in Mbale region was common with resultant shoddy works, delayed completion of projects and suspicion of collusion amongst suppliers and government officials among many other challenges. This affected the quality of implementation of government projects in Mbale City and Mbale District was poor.
This changed when AFIC, with funding from the Hewlett and Flora Foundation, trained citizens on their right to information and how to request public information under the Access to Information Act and public officials on their obligations and importance of disclosing public information to citizens. In addition, AFIC selected and trained 10 community monitors in the district and Mbale City on how to track the planning, tendering, award and execution of public contracts using accessed information and contract monitoring tools developed by the project.
As a result, citizens are now very informed and highly engaged. In one of the cases in Mbale City citizens forced authorities to change the design of the World Bank funded project for the upgrading of city roads. The design had provided for bust stop shelters, but this had been done without consulting residents. During construction, citizens strongly protested, and these were removed from five (5) sites and were installed somewhere else. In another case, city authorities had approved installation of a structure by Nigerian businessmen in a corridor which citizens use frequently. Residents protested that this would affect their ability to cross through this corridor. They were also suspicious because construction was being done by the developers at night.
In addition to physical protests, residents posted their concerns on social media. Upon reading their concerns, the City Clerk together with a technical team from the City Council inspected the area and indeed established that residents had genuine concerns. The developer was ordered to halt the process and remove their structures.
Another recent case involved repair of a bridge at Nashibiso connecting Nabumali to Bumboli by the Uganda Roads Authority (UNRA).
Following the collapse of the bridge, residents complained to UNRA which in turn deployed engineers to fix the bridge, however, after a few weeks the bridge collapsed again. Citizens complained about poor works and collapse of the bridge again and UNRA responded positively and repaired the bridge again.
The effectiveness of the contribution of citizens has been enabled by increased access to information and responsiveness of City trained public officials. Public officials regularly disclose project information proactively and timely when requested by community monitors and citizens as illustrated below:
“ …we now fully understand that information is not ours but for citizens. We also appreciate that by being informed they give us important feedback which helps us know how contractors are performing on the ground…” Fred Situma, Senior Procurement Officer, Mbale City
As a result of increased disclosure of information to citizens and acting upon their concerns, trust has been established between public authorities and citizens as explained below:
“Previously, we used to misunderstand the intentions of Abdallah, the most active person in asking for information and bringing complaints on projects. Now all agencies appreciate his work especially here at Mbale City, the District Local Government and UNRA….” Ali City Procurement Officer.
Children Attendance of School Improves as a Result of increased access to clean Water and Reduction of Diarrheal Diseases
Sickness of pupils and absenteeism from school used to be a big problem at Khamoto Primary School in Mbale District. Pupils especially those in lower primary school used to fall sick from diarrheal diseases quite regularly and not attend school. Others would be discouraged because they would be required to walk long distance to fetch water for school use.
According to Mr Mafabi, a teacher at Khamoto Primary School at least 5 pupils would be taken by the School to Siira Health Centre for treatment every term. This affected performance of the school and contributed to high school dropout rates.
To address the problem of water shortage at the school, the government includes provision for a rainwater harvesting talk as part of the construction of a three- classroom block. However, these plans could not be realised because water was flowing in the opposite direction and not entering into the tank.
AFIC trained community monitors identified the problem which was duly brought to the attention of Mbale District Local Government. Upon receipt district officials carried out a verification visit to the site and confirmed AFIC’s findings. The contractor was ordered to fix the problem and he complied.
The water is of great benefit to over 700 children who attend school at Khamoto Primary School. It is also used by over ten families of about seven members each.
