This amendment requires a Minister-issued commitment authorisation before certain procurements are started or approved, and it criminalises unauthorised commitments and unverified payments by procurement-related officials.
PUBLIC PROCUREMENT (AMENDMENT) ACT, 2025 Act 1139 ARRANGEMENT OF SECTIONS Section 1. Section 24A. inserted 2. Sections 92 A and 92B inserted LIBBARY Act 1139 REPUBLIC OF GHANA The One Thousand one hundred and thhlty-nineth ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED PUBLIC PROCUREMENT (AMENDMENT) ACT, 2025 AN ACT to amend the Public Procurement Act, 2003 (Act 663) to make provision for a commitment authorisation to accompany a procurement funded by Central Government and for related matters. DATE OF ASSENT: 2nd April, 2025 Passed by Parliament and assented to by the President Section 24A inserted 1. The Public Procurement Act, 2003 (Act 663), referred to in this Act as the “principal enactment”, is amended by the insertion after section 24, of “Commitment authorisation 24A. (1) Despite the procurement method adopted by a procurement entity under this Act, a procurement entity shall not 2 Public Procurement (Amendment) Act, 2025 Act 1139 commence a procurement that comes under the Authority or the central tender review committee without a commitment authorisation issued by the Minister. (2) The Board, a tender review committee or an entity tender committee shall not approve a procurement unless the application for approval includes a commitment authorisation issued by the Minister.”. Sections 92A and 92B inserted The principal enactment is amended by the insertion after section 92, of “Unauthorised commitment 92A. (1) A person, acting in an office or employment connected with the procurement or management or disbursement of amounts in respect of procurement shall not approve an unauthorised commitment resulting in a financial obligation for the Government. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two thousand five hundred penalty units or to a term of imprisonment of not less than six months and not more than five years or to both. Unverified payment of public funds 92B. (1) A person, acting in an office or employment connected with the procurement or management or disbursement of amounts in respect of procurement shall not pay public funds that are not duly verified in accordance with existing procedures, contrary to any enactment related to public financial management. 3 Act 1139 Public Procurement (Amendment) Act, 2025 (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two thousand five hundred penalty units or to a term of imprisonment of not less than six months and not more than five years or to both.”. Date of Gazette notification: 2nd April, 2025 PRINTED BY GHANA PUBLISHING COMPANY LTD. ASSEMBLY PRESS. ACCRA. GPCL/A231/450/04/2025 Wcbsitc:www.ghauapubl!siiing.com Email:inl<)(</'ghanapublishing.coin Tel: +233 0+302-664338/9 siiing.com