TUO DE LA LEY N° 30225, LEY DE CONTRATACIONES DEL ESTADO, Artículo 8°.

The data review revealed four thematic variables in the category of decision- making on project activities. These included allocation of resources, procurement of project materials, selection of Project Management Committees (PMCs) and selection of artisans. When these variables were compared, procurement of project materials was the most recurring theme at 50 per cent, followed by selection of artisans at 25 per cent. Selection of

7_{The District Consultative Forum (DCF) is an interim administrative structure comprising} Traditional Leaders, Members of Parliament set up by government to transact Council business in absence of ward councillors.

8_{Minutes of meeting of DCF dated 13 July 2009.}

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PMCs and allocation scored 17 per cent and 8 per cent respectively. Refer to table 4.3 below:

Table 4.3: Comparison of themes under project activities

Theme Tally Percentage

Allocation of resources 2 8

Procurement of project materials 12 50

Selection of PMCs 4 17

Selection of artisans 6 25

Total 24 100

Evidence in the data points to the practice of public officers directing the PMC where to buy project materials as opposed to people deciding on their own, as explained by one PMC member: ‘’ An official from the [District] Council told us that we should buy cement from Changa Trading in Blantyre”10_{. The LDF}

implementation guidelines provide for community-managed procurement using a procurement committee (GoM, 2011:13). Evidence also reveals serious challenges with the procurement of materials for CDF projects that account for the high rating of the theme.

The CDF is controlled by MPs who use the fund as they please. The MP either buys project material himself or herself or dictates where to buy the materials, as evidenced by this statement from MP for the Lalanje constituency from the minutes of Mbenje ADC: ‘’The MP reported that the spares that were bought are finished, but said that he talked to Mr. Maibeki that the contractor should go and collect spare parts from his shop.’’11_{It can be}

seen from this statement from the Member of Parliament that procurement procedures are disregarded. This practice is contrary to the approved guidelines for the implementation of the CDF with reference to procurement that state that a minimum of three quotations has to be sourced from suppliers to facilitate selection of the supplier (Ministry of Local Government and Rural Development, 2006: 13). This is further confirmed by the concerns raised by

10_{Quarterly Assessment report (April-June 2010, p. 9.} 11 _{Minutes of meeting of Mbenje ADC dated 12 March 2010.}

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the committee itself: ‘’on the issue, the committee of procurement said that they are not sure how CDF money is used, but what they see is cement being brought to the sites without delivery notes. The committee was not called to witness the delivery of cement’’12_{. In this case the MP usurped the powers of}

the procurement committee. This is consistent with the observation by Hussein (2004:287) that the elite dominate over the local communities by engaging in actions that are best left in the hands of local communities themselves.

In relation to the selection of artisans, the rating was also significant because the local communities have artisans imposed on them, as confirmed by concerns of Mr Gizex Gizai: “Instead of the PMC being empowered to award a building contract to a local contractor, council officials imposed a contractor on them”. This is consistent with the finding of the Centre for Children Affairs (CEAF) report that 70 per cent of the artisans were appointed by the District Council instead of by the local communities (Buster, 2013:9).

With regard to the issue of selection of PMCs, it did not come out strong as an issue of concern because most projects are school-based. The committees are seen to be the responsibility of the Parents-Teachers Association (PTA) and not the direct responsibility of the local communities. Chairperson of the Nyachikaza Development Advisory Team (DAT), John Banda, confirms this in his explanation: ‘’for all school projects the School Management Committees (SMCs) will be the Project Management Committees (PMCs)’’. In addition, the design of PWP cash transfer does not involve the selection of PMCs but involves the ADCs and VDCs in the selection of beneficiaries of cash for work projects. However, in the case of LDF open menu where local communities have elected the PMCs, issues of politics arise. Senior Group Village Headman Nyamula complains: “Mr B. Songera is saying the truth: this project started very well, but the PMC that was chosen by the people was not used; instead Mr Harrison Chimombo brought in politics into the project. We do not want Mr Chimombo again to take part in this project, and the project at Chigumukire is being affected by politics’’.13 _{The effect of imposition of PMCs}

12_{Minutes of meeting of Mbenje ADC dated 7}t _{September 2011.} 13 _{Minutes of meeting of Tengani ADC dated 23 July 2013.}

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is that it discourages people from participating because they do not want to work with the committees which they have not selected themselves.

Finally, in relation to the allocation of resources, the scores are low because the local communities believe that the allocation of funds is the responsibility of funders. This is an idea that is enforced by the approach the donors use in which they introduce projects to the people with resource allocations that have already been made. In so doing, the local communities are denied the opportunity to decide for themselves.

It can be seen from the foregoing that the inadequate participation of local communities in the decision-making process in local development processes stems from that fact the decentralisation has not provided requisite powers, necessary planning instruments or appropriate safeguards against the unacceptable approaches, including project designs that limit the involvement of local communities.