https://applj.journals.ac.za/pub <p>The <strong>African Public Procurement Law Journal</strong> was established to stimulate and foster academic engagement and debate in the field of public procurement law and regulation on the African continent. The Journal is the first platform devoted exclusively to research into public procurement law in Africa and will be published online by the African Procurement Law Unit of the Faculty of Law, Stellenbosch University, South Africa.</p> <p>&nbsp;</p> <p>The Journal will publish articles continuously on its website and consolidate all contributions in two editions per year. The Journal will publish high quality papers on themes and sub-themes relevant to procurement law and regulation in Africa. The Journal intends to make widely accessible, information on African public procurement law, regulation and policy and provide readers with scholarly and in-depth analysis on the same. The Journal is aimed at a diverse audience of academics, practitioners, regulators, policy makers, government officials and students.&nbsp;</p> African Procurement Law Unit (APLU) en-US African Public Procurement Law Journal 2411-7048 <p><span>Authors who publish with this journal agree to the following terms:</span></p><ul><li>Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a <a href="http://creativecommons.org/licenses/by/3.0/" target="_new">Creative Commons Attribution License</a> that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.</li></ul><br /><ul><li>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.</li></ul><br /><ul><li>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 <a href="http://opcit.eprints.org/oacitation-biblio.html" target="_new">The Effect of Open Access</a>).</li></ul> https://applj.journals.ac.za/pub/article/view/67 <p>Many emerging economies receive significant parts of their financial support to deliver on strategic projects through bilateral or multilateral arrangements. To facilitate this, most of these countries, such as Kenya, have created exceptions in their domestic public procurement laws. By using the Kenya Standard Gauge Railway infrastructure procurement as a case study and adopting a doctrinal legal research approach, this article offers insights on bilaterally financed procurement, in Kenya specifically, but also generally. The research posits that such procurements ought to be regulated and used as catalytic agents in advancing competition, accountability and transparency to realise value for money and bolster legitimacy in the procurement of strategic infrastructure projects.</p> Ibrahim Kitoo Copyright (c) 2024 Ibrahim Kitoo 2024-08-30 2024-08-30 11 1 1 37 https://applj.journals.ac.za/pub/article/view/69 <p><strong>BOOK REVIEW</strong></p> <p>OF</p> <p>Allison Anthony, <em>Construction Procurement Law in South Africa </em>(2021) &nbsp;&nbsp;&nbsp;&nbsp;Cape Town: Juta. 132 pages. ISBN 9781485135494.</p> Adine Abro Copyright (c) 2024-12-31 2024-12-31 11 1 38 44 10.14803/11-1-69 https://applj.journals.ac.za/pub/article/view/68 <p>The Public Procurement Act of 2024 was signed into law during July 2024. The regulations necessary to support its implementation are yet to be drafted. This contribution identifies three basic types of procurements and contextualises the concepts of procurement and procurement system (formerly referred to in South Africa as a supply chain management system) which are embedded in the Act. Thereafter the study considers the framework within which procuring institutions are required to implement their procurement system, which the Minister needs to prescribe, with a focus on what is referred to in the Act as strategic procurement and what is understood by this term. The application of strategic procurement in the four areas where this form of procurement needs to be promoted is assessed, namely procurement in other countries, the provision and maintenance of infrastructure and capital assets, the disposal and letting of assets and the stimulation of innovation. Thereafter, the potential for framing the regulations around international standards such as ISO 10845-1 (soft law) to address not only the promotion of strategic procurement but also the methods, procedures and award criteria to be addressed in the prescribed framework, is explored and demonstrated. Finally, the study considers the capabilities within government to develop the necessary regulatory framework for the implementation of the Act and offers three strategic approaches to regulate strategic procurement using a soft law approach.</p> Ronald Watermeyer Jonathon Klaaren Samuel Laryea Copyright (c) 2024 Ronald Watermeyer, Jonathon Klaaren, Samuel Laryea 2024-12-31 2024-12-31 11 1 45 72