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Advances in Social Sciences Research Journal – Vol. 8, No. 4
Publication Date: April 25, 2021
DOI:10.14738/assrj.84.10074.
Ngong, H. N., Fombe, L. F., Achankeng, E., & Fombe, G. M. (2021). Public Infrastructure Procurement Practice and Challenges in the
Bamenda Municipality, North West Region Cameroon. Advances in Social Sciences Research Journal, 8(4). 646-661.
Services for Science and Education – United Kingdom
Public Infrastructure Procurement Practice and Challenges in the
Bamenda Municipality, North West Region Cameroon
Hycinth Ndze Ngong
MSc. in Geography University of Yaounde 1
PhD Research Fellow and Graduate Teaching Assistant at the
Department of Geography and Planning, The University of Bamenda
Lawrence F. Fombe
PhD in Geography, Professor and Director of the
Higher Institute of Transport and Logistics, The University of Bamenda
Eric Achankeng
PhD in Geography, Senior Lecturer, The University of Bamenda
Georgewill M. Fombe
MSc. in Human Resource Management,
Director of Archives and Documentation,
Public Contracts Regulatory Agency Yaounde
(former Chief of ARMP, North West Region)
ABSTRACT
Public infrastructures play a significant role in poverty reduction, human
development and spatial interaction of the population. The practices of
stakeholders in the procurement system in Bamenda are a controversy in the
contemporary socio-political discourse. Through these practices, public
infrastructures are provided to and for the population. This paper seeks to uncover
the myriad of challenges involved in the procurement practices in Bamenda. The
study made use of both qualitative and quantitative data, obtained using secondary
and primary sources from documentary exploration and extensive field work.
Secondary sources included books, annual reports and archives of Divisional and
Regional Delegations, Inspectorates of Education, Regional Institute of Statistics
and Public Contracts Regulatory Agency, North West amongst others. Primary data
was obtained over three months of extensive field investigations through
questionnaires interviews and focus group discussions. A GPS was utilized to obtain
geographic coordinates of publicly procured infrastructures, particularly health,
educational and road infrastructures. Results reveal that there is complexity in the
way procurement is undertaken for socio-economic benefits to the population.
Procurement principles are ineffectively applied, leading to inefficient execution of
contracts. Late payment of contract funds amongst others is a cause of inefficient
execution and lateness in the delivery of procurement output in the domains of
health, roads and educational infrastructures. The study recommends project
owners to release contract funds earlier than usual and contractors who enhance
poor execution of projects and uncivil road users who facilitate road degradation
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647
Ngong, H. N., Fombe, L. F., Achankeng, E., & Fombe, G. M. (2021). Public Infrastructure Procurement Practice and Challenges in the Bamenda
Municipality, North West Region Cameroon. Advances in Social Sciences Research Journal, 8(4). 646-661.
URL: http://dx.doi.org/10.14738/assrj.84.10074
or cause damages to projects be severely sanctioned. The Law No. 73/7 of 7
December 1973 on the preferential claim of the treasury to safeguard public funds
by Municipal and Regional Councils should be effectively implemented.
Key words: Public Procurement, Public Investment, Development, Contract, Bamenda
INTRODUCTION
The complex process, through which physical investments are provided for the population by
central and local governments across the globe is a growing preoccupation not only to public
authorities but also for the consumers of public infrastructure services. This is achieved
through a secured, competitive procurement system and an effective public contracts execution
rate. In developing as well as developed regions, this procedure has been proven to be a
panacea to social welfare of the citizenry, (Thai, 2009). In 2008, China spent over US $ 88 billion
in procurement, while the EU’s procurement market grew from US$ 1.500 billion in 2004 to
US4 2150 billion in 2008. In the same period, Japan used US$ 11 billion; USA spent US$ 287
billion on construction services (Yuhua and Wang, 2011). This expenditure trend continues to
rise because more and more people are getting interested on how governments spend
resources in their efforts to satisfy the demands of citizens.
In Sub Saharan Africa, procurement amounts to over US$ 820 billion per year (UNIDO, 2017;
World Bank, 2016). In this perspective, government spends on machinery, high technology,
computers, telecommunication and related office services. As procurement budgets are
increasing, application of sustainable procurement, ethical, and transparency principles need
to be stepped-up as well. An optimal approach needs to match the increment in budget with
sustainable projects especially in precariously underdeveloped areas. According to the 2010
Global Competitiveness Report of the World Economic Forum which assesses the economic and
social competitiveness of countries, twelve determinants known in the report as “pillars” are
used to measure competitiveness. The second pillar in this report is quality infrastructure
(World Economic Forum, 2010). Through this, the World Bank articulates that resilient or
quality infrastructure is an indispensable factor in the evaluation of growth and the
improvement of living conditions, without which a majority of people will not be taken out of
the poverty cycle (Sachs, 2005).
Competitive tendering in public procurement is the greatest challenge in public investments
system in Africa thus a downturn in development. This is principally but not limited to the lack
of transparency, accountability and delegation of powers which contribute to bad practices and
poverty (World Bank, 2000). More than US$148 billion is lost due to bad practices in public
procurement. The study carried out by Warsame (2013) in North Africa on the role of civil
society organizations in promoting transparency in public procurement regime, showed that
over 1,359 billion FCFA is spent to buy goods and services in government ministerial
departments and specialized agencies.
The development of public infrastructure and government procurement contracts are all
embodied into state laws. The United State of America’s legislative pillars for example are the
Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) and the Clinger–Cohen Act
of 1996 (Public Law 104–106) as cited in World Bank Group (2016). Procurement in the OECD
countries, China, Kenya, Nigeria, Uganda just to name a few is guaranteed by state legislation
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Advances in Social Sciences Research Journal (ASSRJ) Vol. 8, Issue 4, April-2021
Services for Science and Education – United Kingdom
through the passing of finance bills in the lower and upper houses of parliament. Most of the
contracts awarded for the supply of equipment and services or for public construction works
are financed from the public investment budget, federal, state, regional or local investment
budget.
The level of public trust on government action as a whole and in project owners (Regional
Delegates, Directors, Mayors, among others) and their contracting partners (enterprises or
public contractors and suppliers) within the Bamenda Municipality in particular, is guaranteed
and enhanced by public procurement efficiency and effectiveness given the fact that the public
investment budget is being managed by them. Based on studies in Bangladesh and Kenya by
Bénabou, (1994), Nyamu (2006); Mahmud, (2007), it was discovered that social accountability
initiatives were greatly undermined by a lack of strong and visible official support around the
community management committees in the health sector in Bangladesh. In Kenya, bureaucrats
and politicians with vested interests in maintaining the status quo actively sabotaged new
social accountability schemes. In the same study in Kenya by Ripin., & Nigel (2002), Political
will is thus to some extent shaped by the degree to which social accountability initiatives offer
viable panacea to governance challenges that are in tandem with the interests of the political
power holders.
According to Achim (2015); Klaus (2010) public investments are any gross spending
undertaken by the government in view of improving living standards. For this reason it must
focus on core infrastructures like roads, ports, communication and rail transportation. This is
limited in that it does not include other infrastructures such as education and health which are
the most basic and therefore determines the other areas due to the fact that schools and health
infrastructures make up part of government strategic investments in the urban and rural areas
as in Bamenda.
The work of Jeanette, (2003) supported by Laffont and Tirole (1993), Bartle and Korosec,
(2008), illustrates some principles needed to ensure effective and beneficial public
procurement. These principles include; fair play, efficiency, effectiveness, competition,
accountability, transparency, ethics and industry development. According to UNDP, 2011;
Transparency International, 2014; Uyarra 2016) public procurement is not only the process of
contracts award to bidders on certain conditions but extends to the definition of the contract,
to the qualification of contractors and the criteria for the award of the contract. The low rate at
which the Public Investment Budget (PIB) is being used is a corollary of poor accountability and
ineffectiveness in the application of procurement principles by public procurement
stakeholders at every level. From project need identification through bidding and execution
stages, there is enormous misplace of priorities and high level cynicism. Under this scenario,
weak financial governance repercussions are increasingly greater than before.
In Bamenda, the situation has steadily led to a rise in the poor application of civil engineering
technology despite the rapid diffusion of new knowledge and technological innovations in the
building construction sector and thus, poor procurement output. The high discordances
between the quality of executed projects and the amounts initially allocated for these projects
are palpable in all sectors. The non-respect of building and construction norms (Public
contracts code) and the unfair utilization of poor quality materials tremendously contribute to
none durability of public infrastructures in the third largest metropolis of Cameroon. The study
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Ngong, H. N., Fombe, L. F., Achankeng, E., & Fombe, G. M. (2021). Public Infrastructure Procurement Practice and Challenges in the Bamenda
Municipality, North West Region Cameroon. Advances in Social Sciences Research Journal, 8(4). 646-661.
URL: http://dx.doi.org/10.14738/assrj.84.10074
therefore within this problematic perspective investigates the extent of complexity and factors
responsible for the deliverables of public procurement and practice within the Municipality of
Bamenda, North West Region of Cameroon.
METHODOLOGY AND STUDY AREA
Quantitative and qualitative methods were used to analyse both the secondary and primary
data obtained from the field. It consisted first of all in using secondary data obtained via visits
to public and private institutions in Bamenda. The archives, annual reports and books of the
Divisional Delegation of Public Works for Mezam, the Divisional Delegation of Public Contracts
for Mezam, the Regional Delegation of Economy, Planning and Regional Development for the
North West, the Directorate of Technical Services at the Bamenda City Council, the Bamenda I,
II and B III Council archives, the Regional Institute of Statistics, North West, the Inspectorates
of Basic Education for Bamenda I, II and III Subdivisions, Edge, Kendeley, Nan and other
construction companies, Divisional Delegation of Secondary Education for Mezam and Regional
Office for the National Programme for Community Driven and Participatory Development. Field
investigations covered the three sub-municipalities that make up the Bamenda Municipality.
Interviews were conducted with divisional delegates, directors, chiefs of services, engineers,
builders, labourers, accountants, council development officers, students and leaders of
Professional Drivers’ Associations. A focus group discussion was held with labourers in an on- going road construction project so as to obtain real-time perception on the relationship
between the period of initial funding and the quality of projects realised during project
execution. Quantitative data was obtained through questionnaires from engineers, contracting
authorities, project owners, builders and heads of households for a perception and impact
investigation. A GPS Garmin was used to geo-reference public infrastructures and small scale
businesses within selected public schools and neighbourhoods. The study was limited to
educational, health and road infrastructures.
The study area is the Bamenda Municipality which is comprised of Bamenda I,II and III Sub- municipalities. The Municipality is bordered to the north by Bafut and Tubah Sub-Divisions, to
the East by Ngo-ketunja Division, to the South by Santa Sub-Division and to the West by Bali
Sub-Division. It is located between latitudes 5° 50' 05'' to 6° 30' 50'' North of the Equator and
longitudes 09° 10' 45'' to 10° 15' 40'' East of Greenwich Meridian. Given a demographically
dynamic population, the city has grown to merge with Tubah, Bafut Sub-Divisions, and is
gradually merging with Mbengwi in Momo as noted over the land-use process (Mbanga, 2016).
The surface area of the Bamenda Municipality is 1193Km2 (BCC, 2010). Figure 1 shows the
Municipality of Bamenda in Mezam Division of the North West Region of Cameroon.
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Advances in Social Sciences Research Journal (ASSRJ) Vol. 8, Issue 4, April-2021
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Figure 1: Location of the Bamenda Municipality in Mezam Division
Source: Adapted from NIC Dadabase, (2020)
RESULTS
Public procurement actions are routed in a number of laws and regulations. These are the
Presidential Decree (No 2004/275) of 24/09/2004 applied as the first public contract’s code in
Bamenda which served the public authorities for a period of sixteen (16) years. It was modified
by another Decree (No 2018/366) of 20 June 2018, reorganizing the public procurement
business. The public contracts system is a model legal instrument for public procurement
governed by the above Decree. All the manoeuvrings of the public procurement stakeholders
take reference from this new code which also spells out the consequences on defaulters,
whenever a bridge of the code for whatever reason is noticed.
Importance of legal instruments in the public procurement system
The intricacies of the nature and the importance of public procurement to the state are such
that the government has made provision for the public procurement in Bamenda to be inscribed
within the framework of ten instruments otherwise known as laws. These are categorized as
shown in Table 1.