REFORMING PROCUREMENT LAW IN SOUTH AFRICA

Geo Quinot

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.


Keywords


public procurement reform; draft public procurement bill

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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).

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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




DOI: https://doi.org/10.14803/7-1-27

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