The Public Procurement and Disposal of Public Property (Amendment) Bill, 2026, has cleared another hurdle after a tense sitting of the Senate ended with the intervention of Senate President Wade Mark on Monday evening.
The legislation was approved after Government and Opposition Senators split evenly on the vote, leaving the Senate President to break the deadlock.
Explaining his decision, Mr Mark said he was required to act.
“Under Section 59 of the Constitution and 54 of the Standing Orders, if I have those sections correctly, I am required to exercise a casting vote. I exercise the casting vote in favour of the ayes. So we are now 16 for and 15 against. The Bill is cast.”
The announcement triggered immediate objections from Opposition Senators, who sought an explanation for the decision.
However, the Senate President responded that while he was not obligated to provide reasons, he was prepared to state the basis for his ruling.
“Listen, my reason remains as constant as a northern star. And first, no, I, no, listen, listen, listen, listen, the standing order is very clear. I don’t have to give a reason. I don’t have to give a reason, but, no, no, no, the standing order is very clear. And because Senator Al-Rawi has asked the question, I have said again, because of my last casting vote, there is no settled practice as it relates to this question of the standing orders, the casting vote, rather, in respect of the status quo.”
Earlier in the debate, Minister in the Ministry of Finance, Dr Kennedy Swaratsingh, argued that the Government needed the legislative changes to accelerate service delivery and economic activity.
He maintained that the existing procurement framework was hindering Ministries and state agencies from carrying out projects.
“Every Ministry, every agency must now set up procurement offices. They are struggling even to find people, and the people who are doing it now don’t; some of them don’t know what they’re doing. It is a cumbersome process that has effectively grinded the State delivery apparatus to a standstill, and now you will see a rush of Permanent Secretaries as we end the financial year.”
The Senate President’s casting vote to pass the Public Procurement (Amendment Bill) is the second time in less than a week that he has broken a 15-15 deadlock, having done so last Thursday to secure passage of the Government’s Special Operations Bill.