AN UNCERTAIN FUTURE FOR DEBARMENT IN SOUTH AFRICA: AN ANALYSIS OF THE DEBARMENT PROVISIONS IN THE 2019 DRAFT PUBLIC PROCUREMENT BILL
Abstract
This paper examines the debarment provisions of the 2019 draft public procurement bill. It will be seen that whilst the bill creates a new debarment system that will be implemented by the proposed Office of the Public Procurement Regulator, the provisions of the bill are unclear and may create several problems in practice. Some of these problems will arise from the expansive list of offences that will lead to debarment in the draft bill, the mandatory nature of debarment in the draft bill, the lack of clarity on the debarment process and the proposed centralisation of debarment. It is hoped that some of these issues will be addressed during the public consultation process on the bill.References
Books
Pünder, H., Priess, H. & Arrowsmith, S. 2009. Self-cleaning in public procurement law. Köln: Carl Heymanns.
Williams-Elegbe, S. 2012. Fighting Corruption in Public Procurement: A Comparative Analysis of Debarment or Disqualification Measures. Oxford: Hart Publishing.
Williams-Elegbe, S. 2017. Public Procurement and Multilateral Development Banks: Law, Practice and Problems. London: Bloomsbury & Hart Publishing.
Journal Articles
Bolton, P. 2006. The Exclusion of Contractors from Government Contract Awards. Law, Democracy and Development 10(1): 25– 48.
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Williams, S. 2007. The Use of Exclusions for Corruption in Developing Country Procurement: The case of South Africa. Journal of African Law 51(1): 1.
Williams-Elegbe, S. 2016. Debarment in Africa: A Cross-Jurisdictional Evaluation. Public Procurement Law Review 3: 71-90.
Cases
Chairman of the State Tender Board v Supersonic Tours (Pty) Ltd 2008 (6) SA 220 (SCA).
Evaluations Enhanced Property Appraisals (Pty) Ltd v Buffalo City Metropolitan Municipality [2014] ZAECGHC 55, 19 June 2014.
Supersonic Tours (Pty) Ltd v State Tender Board [2007] JOL 19891 (T) affd.
Legislation
Draft Public Procurement Bill, 2020 <http://africanprocurementlaw.org/wpcontent/uploads/2020/02/Public-Procurement-Bill-for-public-comment-19-Feb2020.pdf> [Accessed 30 April 2020].
Local Government: Municipal Finance Management Act: Municipal Supply Chain Management Regulations, 2017, published in Government Notice No. R31 of 20 January 2017.
Prevention and Combating of Corrupt Activities Act 12 of 2004.
The Preferential Procurement Regulations, 2017, published in Government Notice No. R32 of 20 January 2017.
The Promotion of Administrative Justice Act 3 of 2000.
The Promotion of Administrative Justice Act: Regulations on fair administrative procedures, 2002, published in Government Notice No. 1022 of 31 July 2002.
The Public Finance Management Act: Treasury Regulations, 2005, published in Government Notice No. R225 of 15 March 2005.
Internet Sources
National Treasury, 2015. Public Sector Supply Chain Management Review. National Treasury [pdf]. Available at <http://www.treasury.gov.za/publications/other/SCMR%20REPORT%202015.pdf> [Accessed 5 May 2020].
National Treasury. The Database of Restricted Suppliers. Available at <http://www.treasury.gov.za/publications/other/Database%20of%20Restricted%20Suppliers.pdf> [Accessed 5 May 2020].
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