scholarly journals Compliance Issues with Public Procurement Regulations in Ghana

2019 ◽  
Vol 14 (5) ◽  
pp. 1 ◽  
Author(s):  
Godwin Uzoma Chikwere ◽  
Simon S. K. Dzandu ◽  
Mawuko Dza

This study examines compliance issues with public procurement regulations in Ghana. The simple random sampling technique was used to draw a sample size of 100 practitioners from public institutions in Ghana. The collected data were analysed using descriptive and inferential statistics. The study revealed that although public procurement entities in Ghana have made some strides in improving compliance levels with the public procurement law, majority of public institutions disregard their management systems and contract management processes among others. The study indicates that familiarity (p-value = 0.020) though inversely related, incompetence (p-value =0.023), political interference (p-value =0.000) and poor monitoring (p-value =0.010) were significant factors in explaining non-compliance with the legal framework of public procurement in Ghana. The research further discovered that officials in charge of public procurement flout the rules and regulations with impunity. To address the issue of non-conformance by public officials, it is imperative for the Public Procurement Authority to desist from embarking on what could best be described as selective justice and apply the law equally on all non-conforming public institutions. The authority must also strengthen its monitoring systems to ensure that offenders are apprehended and adequately sanctioned according to the law.

2020 ◽  
Vol 4 (1) ◽  
pp. 70-77
Author(s):  
Ikke Winar Rachmawaty ◽  
Yuly Peristiowati ◽  
Novita Ana Anggraini

The need for data and information is currently growing very rapidly both in quantity and quality. With the enactment of Law Number 14 Year 2008 regarding Openness of Public Information (KIP), the availability of data and information is needed by the public. The data and information every year changes with the times, including the Hospital Information System (SIRS). The purpose of this study was to analyze the Factors Influencing the Implementation of Online SIRS in Hospitals in the District of Kediri. The design of this study was an observational quantitative study with a cross section approach with the focus of the research directed to be analyzing the Factors Influencing the Implementation of Online SIRS in Hospitals in the District of Kediri with a sample of 166 respondents taken with the Simple Random Sampling technique. The findings found that the majority of respondents had moderate motivation as many as 91 respondents (54.8%). Most respondents have knowledge in the medium category of 112 respondents (67.4%). Most respondents had a high category reward of 93 respondents (56.1%). Most respondents had a discrepancy with the sanctions provided by 88 respondents (56.3%). Most respondents lacked in conducting SIRS Online reports as many as 141 respondents (85.3%). The results of the study using the Logistic Regression Test showed that the most influential variable with a p-value of 0.006 <0.05 then H0 was rejected and H1 was accepted so it was concluded that there was a significant effect on the motivation of officers on the implementation of SIRS online at Hospitals in Kediri Regency . The effectiveness of implementing SIRS Online in hospitals can be influenced by the motivation of officers in implementing SIRS Online, the knowledge of officers in carrying out SIRS Online, rewards and sanctions received by officers. However, to be more effective in order to increase the motivation of officers to be willing to do SIRS Online reporting routinely and correctly.


2020 ◽  
Vol 27 (2) ◽  
pp. 437-476 ◽  
Author(s):  
Gloria Perez Torres

Purpose This study aims to investigate the impact of the enforcement of the international anti-bribery legal framework in developing countries. Design/methodology/approach It uses the PetroTiger case to examine the effects of foreign bribery prosecutions in Colombia, from a bribe-receivers perspective. PetroTiger is a USA-based company that was prosecuted for bribing public officials in Colombia. As a result, the public officials involved were also prosecuted in Colombia for receiving bribes. This case serves to illustrate how international anti-bribery law operates in practice and how it impacts Colombian law enforcement institutions and their capacity to prosecute bribe-receivers. The Colombian response to the international anti-corruption framework is examined in this study through the review of legislative efforts taken to address the problems of bribery and corruption in public procurement. Findings This study finds that enforcement of foreign bribery laws raise awareness of the situation of corruption in developing countries, generate parallel prosecutions of individuals at the receiving end of bribes and helps developing countries to develop technical expertise to fight corruption. Practical implications In practice, due to the transnational nature of foreign bribery, without international agreements, this type of corruption in international business would seldom lead to prosecution. Although the effectiveness of the enforcement of international anti-corruption law is debated, in reality, prosecutions of foreign bribery by developed countries have more positive than negative implications for developing countries. Social implications Assist to continue efforts to deter corruption. Originality/value No many studies have looked at the effectiveness of anti-corruption international law in developing countries. As indicated by Mr. Moulette Patrick head of Anti-Corruption Division at organisation for economic co-operation and development more research on the effectiveness of the UN enacted Convention against Corruption, which is what this paper does.


Author(s):  
Laura-Alexandra FARCA ◽  
Dacian C. DRAGOŞ

"This article aims to analyze whether the legislation enacted in the field of public procurement in Romania, based on the 2014 EU Directives, is effective in fostering resilience of the public institutions and indirectly of communities, and to provide a fit-for-purpose mechanism for dealing with the pandemic generated by the new type of coronavirus, Sars-CoV-2. The article discusses the necessity of new rules meant to promote swiftly purchases during the state of emergency. Undoubtedly, the pandemic generated crisis has raised some serious challenges to which public procurement regulations is in principle properly equipped to deal with: urgent need for supplies, works and services, but also unemployment or protection of other disadvantaged categories of people. We argue that resorting to specific tools (negotiated procedures, framework-agreements, centralized procurement, sustainable and social procurement, reserved contracts) when carrying out swift interventions generated by the pandemic would have been more suitable during this health crisis or even for preventing the effects of this pandemic. Instead, the attention of the legislator has been concentrated only on (unnecessarily) exempting the swift purchases of medical equipment from the rule of law. "


2020 ◽  
Vol 3 (2) ◽  
pp. 485-492
Author(s):  
Ikke Winar Rachmawaty ◽  
Yuly Peristiowati ◽  
Novita Ana Anggraini

The need for data and information is currently growing very rapidly both in quantity and quality. With the enactment of Law Number 14 Year 2008 regarding Openness of Public Information (KIP), the availability of data and information is needed by the public. The data and information every year changes with the times, including the Hospital Information System (SIRS). The purpose of this study was to analyze the Factors Influencing the Implementation of Online SIRS in Hospitals in the District of Kediri. The design of this study was an observational quantitative study with a cross section approach with the focus of the research directed to be analyzing the Factors Influencing the Implementation of Online SIRS in Hospitals in the District of Kediri with a sample of 166 respondents taken with the Simple Random Sampling technique. The findings found that the majority of respondents had moderate motivation as many as 91 respondents (54.8%). Most respondents have knowledge in the medium category of 112 respondents (67.4%). Most respondents had a high category reward of 93 respondents (56.1%). Most respondents had a discrepancy with the sanctions provided by 88 respondents (56.3%). Most respondents lacked in conducting SIRS Online reports as many as 141 respondents (85.3%). The results of the study using the Logistic Regression Test showed that the most influential variable with a p-value of 0.006 <0.05 then H0 was rejected and H1 was accepted so it was concluded that there was a significant effect on the motivation of officers on the implementation of SIRS online at Hospitals in Kediri Regency. The effectiveness of implementing SIRS Online in hospitals can be influenced by the motivation of officers in implementing SIRS Online, the knowledge of officers in carrying out SIRS Online, rewards and sanctions received by officers. However, to be more effective in order to increase the motivation of officers to be willing to do SIRS Online reporting routinely and correctly


Author(s):  
أ.د.عبد الجبار احمد عبد الله

In order to codify the political and partisan activity in Iraq, after a difficult labor, the Political Parties Law No. (36) for the year 2015 started and this is positive because it is not normal for the political parties and forces in Iraq to continue without a legal framework. Article (24) / paragraph (5) of the law requires that the party and its members commit themselves to the following: (To preserve the neutrality of the public office and public institutions and not to exploit it for the gains of a party or political organization). This is considered because it is illegal to exploit State institutions for partisan purposes . It is a moral duty before the politician not to exploit the political parties or some of its members or those who try to speak on their behalf directly or indirectly to achieve partisan gains. Or personality against other personalities and parties at the expense of the university entity.


2015 ◽  
Vol 16 (1) ◽  
pp. 10
Author(s):  
Umemetu Momoh ◽  
Nkechi Obiweluozor

This study examined principals’ administrative effectiveness in the implementation of quality assurance standards in public secondary schools in Edo and Delta States. To guide the study, three hypotheses were raised. The study adopted the descriptive research design. The population of the study comprised all the principals and teachers in the public secondary schools in Edo and Delta States, Nigeria. Simple random sampling technique was used to select 240 principals and 720 teachers from the schools. Data was collected using ‘Administrative Effectiveness and Implementation of Quality Assurance Standards Questionnaire (AEIQASQ)’ to find out principals’ level of administrative effectiveness in the implementation of quality assurance standards using the Normative mean of 62.5 which was established from the instrument as the benchmark for effectiveness. The findings revealed that principals’ administrative effectiveness was high in the public secondary schools in Edo and Delta States. There was also a significant relationship between administrative effectiveness and implementation of quality assurance standards in the States based on principals’ gender and experience. It was therefore recommended that since principals in public schools are effective, Government should provide them with adequate funds and all necessary support to ensure that quality assurance standards are fully implemented in the schools. Also, experience and gender should be considered in appointing principals among other criteria as experienced female principals were found to be more effective.


2018 ◽  
Vol 7 (1) ◽  
pp. 35-41
Author(s):  
Muhammad Usman Khan ◽  
Ghazala Noor Nizami ◽  
Ali Farhad

OBJECTIVE To compare the effectiveness of mobilization and self-exercises in the management of adhesive capsulitis of shoulder STUDY DESIGN Randomized Control Trial SAMPLE SELECTION 30 patients of adhesive capsulitis of shoulder from physiotherapy department of tertiary care hospitals of Karachi were selected through simple random sampling technique. PROCEDURE Treatment was continued for 5 days per week for the period of 3 weeks followed by assessment. Patients were randomly divided into two equal groups. Group A was treated with midrange mobilization while group B performed self-exercises. Both groups received TENS and hot pack prior to the exercises. Mean ± SD, frequencies and percentages were used for descriptive analysis. ROM via goniometry and pain intensity through VAS was analyzed by paired t-test within the groups and by independent t-test between the groups, using SPSS. P-value of less than 0.05 was considered significant. RESULTS 60% were females (n=18) and 40% were males (n=12) with mean age of 50.17±6.37 years. Significant improvement (p-value <0.05) in pain and shoulder ROM was observed among patients of Group A as compared to Group B. Pain intensity was decreased to 1.67 ± 0.62 in group A, whereas ROMs in these patients were also better than other group.


Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.


2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.


Author(s):  
Stavros Zouridis ◽  
Vera Leijtens

Abstract Recently, scholars have claimed that public management theory has too much ignored law. Consequently, the under-legalized conception of public management has produced a flawed understanding of public management theory as well as public management practices, threatening public institutions’ legitimacy. In this article, we argue that law never left public management theory. Rather, the link between government and law has been redefined twice. We refer to the assumptions that constitute this link as the law-government nexus. This nexus changed from lawfulness in a public administration paradigm, to legal instrumentalism in a (new) public management paradigm, and to a networked concept in the public governance (PG) paradigm. In order to prevent a faulty over-legalized conception of public management, bringing the law back in should be built on lessons from the past. This article elaborates on three strategies to reconnect law and public management. We map the strengths and weaknesses of each law-government nexus and illustrate these with the case of the Dutch tax agency. In our strategies that aim to reconceptualize the current law-government nexus, we incorporate the benefits of each paradigm for public management theory. The revised law-governance nexus enables the PG paradigm to correspond to contemporary issues without encountering old pathologies.


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