Public procurement law : a comparative analysis
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Authors
De la Harpe, Stephanus Petrus Le Roux
Issue Date
2009-11
Type
Thesis
Language
en
Keywords
Alternative Title
Abstract
The purpose of this research was to determine whether or not the South
African public procurement regime, within the framework set out in section
217(1) of the Constitution 1996, complies with the internationally accepted
objectives or principles of public procurement, as contained in the UNCITRAL
Model Law on the Procurement of Goods, Construction and Services (1994)
and the World Trade Organisation‟s Plurilateral Government Procurement
Agreement, and how these objectives are balanced with the need for the
government‟s socio-economic policies.
The main features of the public procurement reforms after South Africa
became a constitutional state are the provision of constitutional principles
applicable to public procurement; the creation of a single national legislative
framework in terms of the Public Finance Management Act 1 of 1999 and the
Local Government: Municipal Finance Management Act 56 of 2003,
applicable to organs of state in the national, provincial and local spheres of
government; and the creation of a supply chain management function that is
fully integrated with the financial management processes in government, in
which decisions on public procurement are decentralised to the procuring
entities.
The following broad principles applicable to public procurement, which are
common to the Model Law and the GPA, were identified:
(a) Economy;
(b) Competitiveness;
(c) Effectiveness;
(d) Transparency;
(e) The combating of abuse;
(f) The avoidance of risk;
(g) Accountability;
(h) Fairness and equitability; and
(i) Integrity.
Description
Citation
De la Harpe, Stephanus Petrus Le Roux (2009) Public procurement law : a comparative analysis, University of South Africa, Pretoria, <http://hdl.handle.net/10500/3848>