REFORMING PROCUREMENT LAW IN SOUTH AFRICA
Abstract
The reform of South African public procurement law has been on the cards for many years. Following years of promises from government leaders and officials about a new procurement law, a draft Public Procurement Bill for South Africa was eventually published for public comment in February 2020. The draft Bill proposes a complete overhaul of South African procurement law by consolidating existing procurement rules into a single statutory regime. It creates new institutional structures and a new dispute resolution process. There are, however, a number of problems with the draft Bill that should be addressed before the draft can proceed on its path to becoming a new overarching procurement statute in South Africa.This contribution introduces a special edition of the African Public Procurement Law Journal focusing on the draft Bill. In subsequent contributions, specific aspects of the draft Bill will be considered in more detail.References
Literature
Brunette, R. & Klaaren, J. 2020. Reforming the Public Procurement System in South Africa. Position Papers on State Reform. Public Affairs Research Institute. (online) Available at https://pari.org.za/position-papers-public-procurement/ (Accessed 21-05-2020).
Gigaba, M. 2018. Budget Speech. (online) Available at: http://www.treasury.gov.za/documents/national%20budget/2018/speech/speech.pdf (Accessed 29-04-2020).
Gordhan, P. 2017. Budget Speech. (online) Available at: http://www.treasury.gov.za/documents/national%20budget/2017/speech/speech.pdf (Accessed 29-04-2020).
Kramer, G. 2016. Electronic Public Procurement as a Tool of Reform in South African Public Procurement. African Public Procurement Law Journal 3: 1-41.
Quinot, G. 2019. Constitutionalising Public Procurement through Human Rights: Lessons from South Africa. In Martin-Ortega, O. & Methven O’Brien, C. (Eds.). Public Procurement and Human Rights. Cheltenham: Edward Elgar Publishing.
Williams, S. & Quinot, G. 2007. Public Procurement and Corruption: The South African Response. South African Law Journal 124: 339-363.
Williams, S. & Quinot, G. 2008. To Debar or not to Debar: When to Endorse a Contractor on the Register for Tender Defaulters. South African Law Journal 125: 248–258.
Case law
Allpay Consolidated Investment Holdings (Pty) Ltd v Chief Executive Officer of the South African Social Security Agency 2014 (1) SA 604 (CC)
Moseme Road Construction CC v King Civil Engineering Contractors (Pty) Ltd 2010 (4) SA 359 (SCA)
State Information Technology Agency SOC Limited v Gijima Holdings (Pty) Limited 2018 (2) SA 23 (CC)
Westwood Insurance Brokers (Pty) Ltd v Ethekwini Municipality and Others [2017] ZAKZDHC 15 (5 April 2017).
Legislation
Administrative Adjudication of Road Traffic Offences Act 46 of 1998
Armaments Corporation of South Africa, Limited Act 51 of 2003
Broad-based Black Economic Empowerment Act 53 of 2003
Constitution of the Republic of South Africa, 1996
Construction Industry Development Board Act 38 of 2000
Correctional Services Act 111 of 1998
Disaster Management Act 57 of 2002
Financial Management of Parliament Act 10 of 2009
Health Professions Act 56 of 1974
Housing Act 107 of 1997
Local Government: Municipal Finance Management Act 56 of 2003
Local Government: Municipal Systems Act 32 of 2000
National Land Transport Act 5 of 2009
National Supplies Procurement Act 89 of 1970
Nursing Act 33 of 2005
Preferential Procurement Policy Framework Act 5 of 2000
Prevention and Combating of Corrupt Activities Act 12 of 2004
Promotion of Administrative Justice Act 3 of 2000
Public Administration Management Act 11 of 2014
Public Audit Act 25 of 2004
Public Finance Management Act 1 of 1999
Public Service Act 1994
Road Traffic Management Corporation Act 20 of 1999
State Information Technology Agency Act 88 of 1998
State Tender Board Act 86 of 1968
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
