THE DRAFT PUBLIC PROCUREMENT BILL: ENCROACHING ON THE LEGISLATURE AND LOCAL GOVERNMENT
AbstractThis paper examines the provisions of the 2019 draft public procurement bill through the constitutional lens of principles concerning the separation of powers and spheres of government. It will be seen that the bill sets out to delegate constitutionally ordained law-making and oversight powers to the executive, whilst bestowing a wide and unguided discretion upon the executive to establish a framework for preferential public procurement. The role of Provincial Treasuries is also unclear in the bill and may facilitate the usurpation of local government powers in practice. The impact of the bill on local government thus requires further consideration with deference to the above-mentioned constitutional principles.
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