Malawi Institute of Procurement and Supply Act

Jurisdiction: Malawi
Citation: Chapter 30:15
Date: 31 December 2017
Language: English
Type: Legislation
Download: Download PDF (306.4 KB)

Malawi

Malawi Institute of Procurement and Supply Act

Chapter 30:15

Published in Malawi Gazette on 29 January 2016
Assented to on 14 January 2016
Commenced on 1 June 2016
[This is the version of this document at 31 December 2017.]
[Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]

An Act to provide for the establishment of the Malaŵi Institute of Procurement and Supply; the registration of procurement and supply chain management professionals; the regulation of the procurement and supply chain management profession; and to provide for matters connected therewith and incidental thereto[3 of 2016; G.N. 9/2016]

Part I – Preliminary

1. Short title

This Act may be cited as the Malaŵi Institute of Procurement and Supply Act.

2. Interpretation

In this Act, unless the context otherwise requires—“affiliate member” means a member of the Institute registered pursuant to section 16;“Appeals Board” means the Appeals Board established under section 26;“Board” means the Board of Directors appointed pursuant to section 5;“corporate member” means a member of the Institute registered pursuant to section 19;“Disciplinary Committee” means the Disciplinary Committee constituted under section 27;“Education and Qualifications Committee” means the Education and Qualifications Committee constituted under section 32;“full member” means a member of the Institute registered pursuant to section 15;“honorary member” means a member of the Institute registered pursuant to section 18;“Institute” means the Malaŵi Institute of Procurement and Supply established under section 3;“Professional Practice Committee” means the Professional Practice Committee established under section 34;“procurement and supply management professional” means any person who has undergone special and formal training in procurement and supply management and other related professional courses in procurement and supply management and has attained formal qualification from such training; and“student member” means a member of the Institute registered pursuant to section 17.

Part II – The Malaŵi Institute of Procurement and Supply

3. Establishment of the Malaŵi Institute of Procurement and Supply

(1)There is hereby established a body to be known as the Malaŵi Institute of Procurement and Supply.

(2)The Institute shall be a body corporate which shall—

(a)have perpetual succession and a common seal;

(b)be capable of suing and being sued in its corporate name;

(c)be capable of acquiring and disposing of any moveable or immovable property; and

(d)perform such acts as a body corporate may, by law perform.

(3)The Institute shall be autonomous and independent of the direction of any person and have power to perform such functions and exercise such powers as conferred by this Act.

4. Functions of the Institute

The Institute shall—

(a)register procurement and supply chain management professionals, pursuant to this Act;

(b)establish educational standards and qualifications for the procurement and supply chain management profession in Malaŵi;

(c)set the professional standards of procurement and supply chain management professionals in collaboration with educational institutions, professional institutions, government departments, commercial institutions and similar international institutions in the practice of procurement and supply chain management;

(d)promote, uphold and improve training and professional standards of procurement and supply chain management professionals;

(e)develop ethical standards in the procurement and supply chain management profession in Malaŵi and ensure that reputable and high standards of behaviour are maintained in the profession;

(f)exercise disciplinary control over the procurement and supply chain management profession in Malaŵi;

(g)set and conduct professional examinations leading to the award of certificates and other awards in procurement and supply chain management;

(h)conduct research related to procurement and supply chain management professional;

(i)preserve professional independence of its members;

(j)promote and protect the welfare of its members both in Malaŵi and abroad;

(k)arrange conferences, seminars and meetings for discussion of procurement and supply chain management or related matters;

(l)publish literature in procurement and supply chain management and encourage members to conduct research and make publications in the procurement and supply chain management profession;

(m)organize post qualification training for its members; and

(n)do all such acts as are necessary for the better carrying out of the functions of the Institute specified under this Act.

5. Board of Directors

There shall be a Board of Directors of the Institute which shall be responsible for the administration and general management of the Institute and in so doing, shall—

(a)be responsible for registration of procurement and supply chain management professionals;

(b)establish committees to carry out any special or general functions, as determined by the Board from time to time;

(c)appoint, suspend or remove members of any committee for non-performance of duties and gross misconduct;

(d)appoint the Chief Executive Officer of the Institute; and

(e)carry out such other functions as it determines necessary for the proper running of the Institute.

6. Composition of the Board

(1)The Board shall consist of—

(a)the following seven members nominated at an Annual General Meeting of the members of the Institute from the membership of the Institute and, appointed by the Minister—

(i)two representatives from the public sector;

(ii)two representatives from the private sector; and

(iii)three other members from the general membership of the Institute; and

(b)the Director of Public Procurement or his duly appointed representative, ex officio.

(2)The Board shall elect a Chairperson from the seven appointed members under subsection (1) (a), at the first meeting of the Board.

(3)The Chairperson shall preside over meetings of the Board and, in the event that the Chairperson is absent during a meeting, members of the Board shall elect one of their number to exercise the powers and perform the duties of the Chairperson.

(4)The members of the Board, other than the ex officio member, shall be persons who—

(a)are full and paid up members of the Institute and are resident in Malaŵi;

(b)possess relevant qualifications, expertize and experience in procurement and supply management; and

(c)have made a significant contribution to the promotion of the procurement and supply chain management profession in Malaŵi.

7. Disqualification of members of the Board

Any person who—

(a)is an undischarged bankrupt;

(b)has been convicted of an offence involving fraud or dishonesty;

(c)has been adjudged to be of unsound mind; or

(d)is a member of Parliament, Minister or Deputy Minister;

shall be disqualified from being elected to, or from continuing to hold office, as a member of the Board.

8. Tenure of office of members of the Board

(1)A member of the Board, other than an ex officio member—

(a)shall hold office for a period of three years from the date of appointment; and

(b)shall be eligible for re-election for a further term:Provided that two members of the Board are retained at the expiry of each Board term.

(2)A member of the Board, other than an ex officio member, may resign by giving thirty days written notification to the Chairperson of the Board.

(3)Upon the expiry of the period for which a member is appointed, that member shall continue to hold office until his successor has been appointed, but in no case shall such further period exceed three months.

(4)A vacancy in the Board shall be filled by a person appointed in accordance with section 6:Provided that, if the remaining period is less than six months, the Board may decide not to have the vacancy filled until the expiry of the period.

9. Allowances of the Board of Directors

Members of the Board shall be paid out of the funds of the Institute, such allowances as may be approved by members of the Institute, at an Annual General Meeting.

10. Meetings of the Board

(1)The Board shall meet once every three months at such places and times as the Chairperson may determine.

(2)An extraordinary meeting of the Board—

(a)may be convened by the Chairperson at any time; or

(b)shall be convened by the Chairperson within seven days of the receipt by him of a request in writing signed by not less than three members of the Board specifying the purpose for which the meeting should be convened.

(3)The quorum at a meeting shall be five members of the Board.

(4)The Board shall regulate its own procedure and that of its committees.

11. Chief Executive Officer

(1)There shall be a Chief Executive Officer who shall be appointed by the Board on a performance based contract for a period of three years which may be renewed once and on such other terms and conditions as the Board shall determine.

(2)The Chief Executive Officer shall be responsible to the Board for the administration and management of its affairs, and shall be in charge of all administrative, executive and other matters of the Institute, and in all such matters, shall, at all times, be subject to the direction of the Board.

12. Other employees of the Institute

The Chief Executive Officer shall, with prior approval of the Board, appoint such other officers of the Institute as may from time to time be required for the carrying out of the functions of the Institute, on such terms and conditions as the Board may determine.

Part III – Registration of members

13. Registration

A person shall not engage in the practice of procurement and supply chain management in Malaŵi or hold out as being entitled to do so, unless that person is a registered member under this Act:Provided that student members shall not practice as procurement and supply chain management professionals.

14. Application for registration

(1)A person may apply for membership to the Institute in the prescribed form, upon payment of a fee as determined by the Board from time to time, and shall state the class of membership to which the application relates.

(2)A person applying for membership shall, in addition to evidence of qualification, satisfy the Board that—

(a)he is of good character; and

(b)he has not been convicted by any court, of an offence involving fraud or dishonesty or such other offence as, in the opinion of the Board, would render the applicant unfit to be a member of the Institute.

(3)Where the Board is satisfied that an applicant holds relevant qualifications or experience, it shall issue that applicant with an appropriate registration certificate depending on the category of membership for which the applicant qualifies for.

15. Registration of full members

The Board may register an applicant as a full member if the applicant holds the qualifications and experience prescribed by the Board.

16. Registration of affiliate members

The Board may register an applicant as an affiliate member if the applicant is not eligible to be registered as a full member:Provided that the applicant holds qualifications and experience prescribed by the Board.

17. Registration of student members

The Board may, on application, register students who are undergoing training for a qualification required for registration as a full or affiliate member on such terms and conditions prescribed by the Board relating to the practice of procurement and supply chain management.

18. Honorary members

The Board may confer honorary membership to any person who has made outstanding contribution to the procurement and supply management profession in Malaŵi, but such members shall not be eligible to vote or be voted for at any election of the Institute.

19. Corporate members

The Board may, on application, register any organization affiliated to the Institute, as a corporate member.

20. Foreign procurement and supply management professionals

The Board may, on application, register a foreign procurement and supply management professional if the applicant holds the qualification and experience prescribed by the Board.

21. Registers

(1)The Chief Executive Officer shall, on behalf of the Board, keep and maintain—

(a)a register of full members;

(b)a register of affiliate members;

(c)a register of corporate members;

(d)a register of student members;

(e)a register of honorary members; and

(f)a register of foreign members.

(2)There shall be entered into a register, in relation to a registered member, the address, qualification and experience, date of first registration and other particulars that the Chief Executive Officer may determine as appropriate.

(3)The Chief Executive Officer may make necessary alterations or corrections in any Register in relation to an entry made therein.

22. Publication of list of members

The Board shall cause to be published annually in the Gazette, and in other media of general nationwide circulation, as agreed by the Board, a list of the names, addresses and qualifications of registered procurement and supply management members, by 30th April of each year.

23. Subscription fees

(1)The members of the Institute shall, by 31st March each year, pay subscription fees, as may be prescribed by the Board.

(2)Honorary members shall not be required to pay any subscription fees.

24. Disqualification from membership

A person shall not qualify to be registered as a member if that person—

(a)is below the age of eighteen;

(b)does not hold the prescribed qualifications for membership;

(c)has been convicted of an offence involving dishonesty or fraud;

(d)is an undischarged bankrupt; or

(e)has been adjudged or declared to be of unsound mind.

25. Cessation of membership

Any member of the Institute, other than an honorary member, who ceases to qualify for membership, shall automatically cease to be a member of the Institute.

26. Appeals Board

(1)There shall be established an Appeals Board, which shall hear appeals by any person aggrieved by a decision of the Board in relation to registration.

(2)The Appeals Board shall consist of—

(a)a lawyer nominated by the Malaŵi Law Society; and

(b)four full members of the Institute who shall be representatives from the works and service sectors.

(3)The Appeals Board shall elect a chairperson and vice-chairperson from amongst their number.

(4)The chairperson or, in his absence, the vice-chairperson and two other members shall constitute a quorum at any meeting of the Appeals Board.

(5)The Appeals Board shall regulate its own procedure:Provided that the procedures shall be in accordance with principles of natural justice.

(6)The Appeals Board shall give a direction as it determines appropriate, in a matter brought before it on appeal.

(7)Any person aggrieved by a decision of the Appeals Board may apply to the High Court for a review of the decision.

Part IV – Disciplinary provisions

27. Disciplinary Committee

(1)There shall be established a Disciplinary Committee of the Board which shall consist of—

(a)a chairperson who shall be appointed by the Chairperson of the Board from among members of the Board;

(b)a lawyer nominated by the Malaŵi Law Society; and

(c)three other members nominated by the members of the Institute from amongst the full and paid up members of the Institute.

(2)At any meeting of the Disciplinary Committee, three members including the member from the Malaŵi Law Society, shall form a quorum.

(3)The Disciplinary Committee shall regulate its own procedures.

28. Powers of inquiry of the Disciplinary Committee

(1)The Disciplinary Committee shall have power to inquire into the conduct of any member of the Institute in accordance with the provisions of this Part.

(2)For the purpose of any inquiry under subsection (1), the Disciplinary Committee shall have all powers of Commissioners under sections 9 and 10 of the Commissions of Inquiry Act and sections 11, 12, and 13 of that Act shall apply to proceedings before the Disciplinary Committee as though it were a commission appointed under that Act.[Cap. 18:01]

29. Application of rules of natural justice

The Disciplinary Committee shall, before taking any disciplinary action, observe the rules of natural justice and accord a member who is a subject of a disciplinary action, a right to be heard.

30. Proceedings of the Disciplinary Committee

(1)The chairperson shall preside at meetings of the Disciplinary Committee or in the absence of the chairperson, such member as the members present at the meeting, may elect one of their number as chairperson, for the purpose of that meeting.

(2)A party to proceedings before the Disciplinary Committee may be represented by a legal practitioner or by any person authorized by that party.

(3)A party to the proceedings may cross-examine a person giving evidence before the Disciplinary Committee.

(4)The Disciplinary Committee may proceed to hear a matter in the absence of a concerned party, where the party fails to appear after being given due notice of proceedings before the Disciplinary Committee, without reasonable justification.

31. Report of proceedings

(1)The Disciplinary Committee shall, within fourteen days of the close of an inquiry, produce a report which shall be submitted to the Board together with documents produced at the inquiry.

(2)The report of the Disciplinary Committee shall contain recommendations for the Board.

(3)The Board shall consider the report and make a decision thereon within fourteen days of its receipt.

(4)Where a member has committed a misconduct, the Board may impose the following penalties—

(a)a reprimand;

(b)suspension of the member from the Institute for a maximum period of one year; or

(c)cancellation of registration:

Provided that the member may be allowed to re-register as a member after seven years elapse from the date of cancellation of registration.

(5)The Board shall communicate the decision made pursuant to subsection (4), to the member concerned within ten working days from the date the decision is made.

(6)Any member of the Institute whose registration has been suspended or cancelled, pursuant to this Part, may apply to the High Court for a review of the decision of the Board.

Part V – Committees of the Board

32. Education and Qualifications Committee

(1)There shall be established an Education and Qualifications Committee which shall consist of—

(a)one member of the Board appointed and designated by the Board as chairperson of the Committee;

(b)two persons appointed by the Board who may or may not be members of the Institute;

(c)a representative of the Malaŵi National Examinations Board; and

(d)a representative of the Ministry of Education, ex officio.

(2)At a meeting of the Education and Qualifications Committee, any three members shall constitute a quorum.

(3)The chairperson shall preside over meetings of the Committee and, in the event that the chairperson is absent during a meeting, members of the Committee shall elect one of their number to exercise the powers and perform the functions of the chairperson.

33. Functions of the Education and Qualifications Committee

Subject to the general directions of the Board, the Education and Qualifications Committee shall—

(a)advise the Board on all matters relating to the education and training requirements of procurement and supply chain management professionals in Malaŵi;

(b)satisfy itself and the Board that the curricula and conditions in every learning institution in Malaŵi in the procurement and supply chain management profession ensures that graduates will have sufficient knowledge, skills and ethical standards for the practice of the profession; and

(c)carry out such other functions as are necessary for the improvement of education and training of procurement and supply chain management professionals.

34. Professional Practice Committee

(1)There shall be established a Professional Practice Committee which shall consist of—

(a)one member of the Board appointed and designated by the Board as chairperson of the Committee; and

(b)four other persons appointed by the Board at least two of which, shall be members of the Institute.

(2)At a meeting of the Professional Practice Committee, any three members shall constitute a quorum.

(3)The chairperson shall preside at meetings of the Committee and, in the event that the chairperson is absent during a meeting, members of the Committee shall elect one of their number to exercise the powers and perform the functions of the chairperson.

35. Functions of the Professional Practice Committee

Subject to the general directions of the Board, the Professional Practice Committee shall—

(a)advise the Board on all matters relating to the practice of the procurement and supply chain management profession in Malaŵi;

(b)develop ethical and practice standards for the procurement and supply chain management profession;

(c)enforce ethical and practice standards in the procurement and supply chain management profession; and

(d)carry out such other functions as may be assigned by the Board from time to time.

Part VI – Financial provisions

36. Funds of the Institute

The funds of the Institute shall consist of—

(a)such sums as may be payable to the Institute from moneys appropriated by Parliament for the purpose;

(b)sums of money as may be paid to the Institute by way of fees by the members of the Institute in accordance with this Act;

(c)sums of money as may be payed to the institute by way of grant or donation; and

(d)other moneys as may accrue to the Institute in the exercise of its functions.

37. Investment power

All moneys of the Institute not immediately required for any payment to be made by the Institute, may be invested by the Board in a manner as the Board may, from time to time, determine appropriate.

38. Compliance with Caps. 37:01, 37:02 and 37:03

The Institute shall, in its financial transactions comply with the provisions of the Public Audit Act, Public Finance Management Act and the Public Procurement Act.[Cap. 37:01; Cap. 37:02; Cap. 37:03]

39. Borrowing powers

The Institute may borrow such moneys as it may require for the performance of its functions under this Act by way of loan or overdraft from any financial institution with the prior approval of the Board.

40. Accounts and audit

(1)The Institute shall keep proper books of accounts and other records relating to its accounts and shall prepare, in respect of each financial year, a statement of accounts and balance sheet showing, in all necessary detail, the income and expenditure, assets and liabilities of the Institute.

(2)The accounts of the Institute shall be audited annually by an independent auditor appointed by the Board and confirmed at an Annual General Meeting.

41. Annual report

(1)As soon as practicable, but not later than six months after the expiry of each financial year, the Institute shall prepare a report concerning its activities during that financial year.

(2)The report referred to in subsection (1) shall be in the prescribed form and contain information required by the Board.

(3)There shall be appended to the report—

(a)an audited balance sheet;

(b)an audited statement of income and expenditure; and

(c)other information as the Board may consider appropriate.

(4)The report shall be laid before the members at an Annual General Meeting.

42. Financial year

The financial year of the Institute shall be twelve months ending on 31 December each year or on such other date as the Minister may specify by order published in the Gazette:Provided that the financial year of the Institute may be such shorter or longer periods than twelve months as the Minister shall determine but being not less than six months nor more than eighteen months.

Part VII – Meetings of the Institute

43. Meetings

(1)The members of the Institute shall hold an Annual General Meeting once every year at such time, and place, as the Board may determine.

(2)Members of the Institute, shall, every two years at an Annual General Meeting, elect a President and such other officers and constitute such committees from its membership, as the Institute determines as necessary.

(3)An extra ordinary meeting of the Institute—

(a)may be convened by the President at any time; or

(b)shall be convened by the President within seven days of the receipt by him of a request in writing signed by not less than five per cent of the members of the Institute specifying the purpose for which the meeting should be convened.

44. Quorum

One quarter of the total of full and paid up members of the Institute shall constitute a quorum at a meeting of the Institute.

45. Procedures at meetings

The Board may prescribe procedures to be followed at meetings under this Part.

Part VIII – Misconduct and offences

46. Misconduct relating to practice

(1)Any person registered under this Act who contravenes the following, commits a misconduct—

(a)duty not to commit or abet corruption;

(b)duty to avoid conflict of interest when acting in official capacity;

(c)duty to act fairly;

(d)confidentiality and appropriate use of information; or

(e)duty to follow the principle of non-discrimination.

(2)A person who commits or is alleged to have committed misconduct shall be subject to disciplinary action in accordance with Part IV of this Act.

47. Offences and penalties

(1)Any person who—

(a)furnishes the Institute with false information;

(b)makes or causes to be made, an unauthorized entry, alteration or erasure in the register; or

(c)procures the registration of any person by means of fraud, misrepresentation, or concealment of a material fact,

commits an offence and on conviction, shall be liable to pay a fine of K2,000,000 and to imprisonment for five years.

(2)Any person who is not registered under this Act, and who, in Malaŵi—

(a)engages or purports to engage in the practice of procurement and supply chain management;

(b)holds himself out as being entitled to engage in the practice of procurement and supply chain management; or

(c)does or performs, or purports to do or perform, any act or thing which, under this Act, may be done or performed exclusively by a person registered under this Act,

commits an offence and on conviction, shall be liable to a fine of K500,000 and to imprisonment for two years.

Part IX – Miscellaneous provisions

48. Transitional arrangements

(1)Any person who, immediately before the commencement of this Act, was a member of the former Institute, shall continue to be a member of the Institute as if that person was registered under this Act.

(2)All acts done by the Council of the former Institute before the commencement of this Act, shall be deemed to have been done by the Board.

(3)All property, assets, rights and liabilities of the former Institute shall vest or subsist against the Institute.

(4)Any proceedings or cause of action instituted by or pending against the former Institute shall continue as if instituted by or against the Institute under this Act.

(5)The employees of the former Institute shall continue to be employees of the Institute established by this Act, on the prevailing terms and conditions until the Board determines otherwise.

(6)For the purpose of this section, “former Institute” means the Malaŵi Institute of Procurement and Supply, a company limited by guarantee incorporated by the Registrar of Companies on 20th November, 2008.

49. Rules

(1)The Board may, on approval by the Minister, make rules for the better carrying out of the provisions of this Act.

(2)Notwithstanding the generality of subsection (1), the Board may prescribe—

(a)qualifications and experience of categories of members;

(b)registration forms;

(c)qualifications and experience for members of the Institute; and

(d)the amount of annual subscription fees.

50. Regulations

(1)The Minister may make Regulations for the better carrying out of this Act.

(2)Notwithstanding section 21(e) of the General Interpretation Act, regulations made under this Act may prescribe penalties not exceeding K2,000,000 and a term of imprisonment of not more than five years.[Cap. 1:01]

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History of this document

31 December 2017 this version

Consolidation

01 June 2016

Commenced

29 January 2016

Published in Malawi Gazette

14 January 2016

Assented to

Cited documents 0

Documents citing this one 1

Gazette 1

Malawi Government Gazette supplement dated 2018-09-26 number 22A