scholarly journals THE IMPORTANCE OF USING DIFFERENT METHODS OF ANALYSIS IN DEALING WITH THE CHALLENGES OF COLLUSIVE TENDERING AND OTHER FORMS OF CORRUPTION IN THE SOUTH AFRICAN PUBLIC PROCUREMENT SYSTEM

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Tebogo Makube
Keyword(s):  
South African ◽  
Public Procurement ◽  
The South ◽  
Methods Of Analysis ◽  
Procurement System

scholarly journals Public Procurement in the South African Economy: Addressing the Systemic Issues

2020 ◽  
Vol 12 (20) ◽  
pp. 8692
Author(s):  
David Fourie ◽  
Cornel Malan
Keyword(s):  
South Africa ◽  
Public Sector ◽  
South African ◽  
Public Procurement ◽  
The South ◽  
Literature Study ◽  
Goods And Services ◽  
Official Policy ◽  
The Status ◽  
Procurement System

Public procurement fulfils an important role in the economy and public expenditure of a country and can be regarded as a critical indicator of the effectiveness of a government, because it is a central aspect of public service delivery. Notwithstanding various reforms made to date to public sector procurement in South Africa and the application of Supply Chain Management as a strategic policy strategic instrument, the South African public procurement system still faces several challenges and has been strongly criticised. This paper aims to understand the current public procurement environment in South Africa, its dilemmas and challenges, and to propose that public procurement be refocused towards a strategically placed business process, implemented by well-trained and competent procurement officials. The purpose is to provide a theoretical foundation as well as practical guidance regarding the role of public procurement in the South African public sector. The methodology involved an intensive literature study and document analysis to evaluate various official policy documents and official publications to determine the status of South African public procurement. The study found that the majority of challenges faced by public procurement in South Africa can probably be attributed to the implementation of the system, rather than to the system itself. In the shorter and longer term, the public procurement system in South Africa will have no choice but to emerge as a stronger, more resilient, streamlined and efficient provider of goods and services for the greater good of all.

scholarly journals Open Contracting: a new frontier for information disclosure in public procurement

2017 ◽  
Vol 6 (1) ◽  
pp. 24-36 ◽  
Author(s):  
Lawson Naidoo ◽  
Vinessa Naidoo ◽  
Marcus Ambe
Keyword(s):  
South African ◽  
Information Disclosure ◽  
Online Survey ◽  
Research Study ◽  
Public Procurement ◽  
Business Environment ◽  
Government Procurement ◽  
The South ◽  
Literature Study ◽  
Procurement System

This study was prompted by the fact that no research study focused on the application of the Open Contracting principle of disclosure in South African public procurement. The main issue examined in this study pertained to the application of the disclosure principle of Open Contracting in the South African public procurement system. The study population included members of the Chartered Institute of Procurement and Supply Chain (CIPS) employed in the South African public service. This research study used applied, exploratory and non-experimental research in conjunction with descriptive and inferential statistics. The measuring instrument designed for this study included an online survey containing a structured, close-ended questionnaire that measured the disclosure aspect covered in an in-depth literature study. With regard to the results obtained from this study, it is evident that the respondents indicated that there are opportunities to adopt the disclosure principle within South African public procurement. This study provides definite guidelines to procurement practitioners and policy makers concerning the application of proactively disclosing information at the different stages of government procurement. Disclosure in public procurement is rapidly changing and the South African public sector should keep abreast of such changes (e.g., the use of Open Contracting) to ensure that its procurement system is suitably equipped to deliver better deals, minimize fraud and corruption, ensure high quality of performance and a fairer business environment.

The Use of Exclusions for Corruption in Developing Country Procurement: The Case of South Africa

2007 ◽  
Vol 51 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Sope Williams
Keyword(s):  
South Africa ◽  
South African ◽  
Public Procurement ◽  
Government Contracts ◽  
South African Government ◽  
The South ◽  
Judicial Process ◽  
African Government ◽  
Procurement System ◽  
Consistent Approach

AbstractThe South African public procurement system is regulated by a constitutional framework and legislation applicable to all tiers of government. An interesting feature of the system is that suppliers may be excluded from government contracts for breaches of procurement or anti-corruption legislation. This article critically examines corruption-related exclusions. It is suggested that there is likely to be a number of problems with the implementation of these exclusions. First, it is not clear how effective they will be in meeting the government's anti-corruption policy. Secondly, in respect of the exclusions imposed through a non-judicial process, there are no guidelines to ensure procedural safeguards, and furthermore, these exclusions may lead to delays and costs in the procurement process – especially when it comes to deciding whether persons or firms related to an excluded firm ought to be excluded. Thirdly, there are issues regarding proportionality of the measures. Fourthly, it may be difficult to maintain a consistent approach in deciding whether to exclude under the non-judicial exclusions. In view of these, for the regime to be effective, the South African government must be prepared to bear the attendant financial and procedural burden.

scholarly journals Opportunities for Open Contracting in public sector procurement: a review of legislation

2018 ◽  
Vol 7 (1) ◽  
pp. 21-31 ◽  
Author(s):  
Lawson Naidoo ◽  
Vinessa Naidoo ◽  
Marcus Ambe
Keyword(s):  
Public Sector ◽  
South African ◽  
Public Procurement ◽  
Total Sample ◽  
Policy Framework ◽  
Primary Data ◽  
The South ◽  
Specific Objective ◽  
Policy Statements ◽  
Global Principles

The main purpose of the study was to establish the conformity of South African legislation and policies to the global principles of Open Contracting. The specific objective of the study was to establish whether South African legislation supports the application of Open Contracting in public sector procurement. The study employed a descriptive survey research design. Primary data was collected using questionnaires targeting members of the Chartered Institute of Procurement and Supply Chain (CIPS) employed in the South African public service. A total of 300 (100%) completed questionnaires were returned. Fifty-two (52) of the targeted 300 respondents were excluded from the study. They were found not to be “public procurement champions”. This would imply that a final total sample size of 248 was employed in this study, thus a realization of 82.7%. The study findings revealed that although government institutions have policy statements for Open Contracting, the principles are not fully implemented. The study recommends that the National Treasury put forward a single coherent, comprehensive and overarching procurement law to standardize and clarify the procurement process to be followed by procuring entities in South Africa. Particularly the study recommends the development of a policy framework for the implementation of Open Contracting in the South African public sector procurement system.

scholarly journals Procurement challenges in the South African public sector

2012 ◽  
Vol 6 (1) ◽  
Author(s):  
Intaher M. Ambe ◽  
Johanna A. Badenhorst-Weiss
Keyword(s):  
South Africa ◽  
Public Sector ◽  
Best Practices ◽  
South African ◽  
Public Procurement ◽  
The South ◽  
Strategic Sourcing ◽  
Training Materials ◽  
Supply Chain Management System ◽  
Bidding Process

This article reports on an exploration of challenges experienced in the field of procurement within the South African public sector. To institute procurement best practices, a supply chain management system was adopted in South Africa in 2003. The procurement process was granted constitutional status and has been used to address past inequitable policies and practices. It promotes aims which are, arguably, secondary to the primary aim of procurement. For the exploration, a conceptual analytical approach was employed and some of the key guiding pillars of public procurement in South Africa divulged. The challenges restraining effective and efficient implementation of public procurement are also revealed. The article concludes by recommending the development of competency through customised (separate) training materials and programmes, the involvement of stakeholders in the bidding process and the employment of good strategic sourcing practices.

scholarly journals Good Governance in Public Procurement: A South African Case Study

2017 ◽  
Vol 11 (2) ◽  
pp. 124
Author(s):  
Rolien Roos ◽  
Stephen De la Harpe ◽  
C Rijken
Keyword(s):  
South African ◽  
Good Governance ◽  
Public Procurement ◽  
Government Procurement ◽  
Constitutional Court ◽  
Eastern Cape ◽  
Basic Principles ◽  
Model Law ◽  
Procurement System

In this article good governance in public procurement, with particular reference to accountability is discussed. The principle of providing adequate remedies in public procurement is put under the spotlight. This is done with reference to the decision in Steenkamp NO v Provincial Tender Board, Eastern Cape. In this case the Constitutional Court had to consider whether an initially successful tenderer could lodge a delictual claim for damages to compensate for expenses incurred after conclusion of a contract, which was subsequently rendered void on an application for review of the tender award. The applicable principles of good governance and the applicable provisions of the UNCITRAL Model Law on Public Procurement and the WTO plurilateral Government Procurement Agreement are analysed. This is done to enable an evaluation of the decision by the Constitutional Court in the above case. It is concluded that the South African public procurement system does in this instance comply with the basic principles of good governance with regard to accountability.

scholarly journals The Implementation of Preferential Procurement Policy in Gauteng Province: Challenges and Solutions

2015 ◽  
Vol 3 (1) ◽  
pp. 55 ◽  
Author(s):  
John Nkwananchi Hlakudi
Keyword(s):  
South African ◽  
Black People ◽  
Public Procurement ◽  
Top Management ◽  
Gauteng Province ◽  
African Government ◽  
The Public ◽  
Procurement Policy ◽  
The People ◽  
Procurement System

The South African government established the Preferential Procurement Policy (PP Policy) to provide Historically Disadvantaged Individuals (HDIs) economic opportunity in the state procurement process. There were a number of challenges in the implementation of the policy. The challenges include non compliance with procurement processes, limited knowledge of preferential procurement targets, late payments of suppliers, and fraud and corruption. In addition to putting measures to improve inefficiencies embedded in the preferential procurement system, this article asserts that the achievement of the objectives of the Preferential Procurement Policy lies mainly in the commitment by top management and the empowerment of the people tasked with the implementation of the policy. This means that the top management should receive training about the importance of the policy to create economic opportunities for black people. Furthermore, Supply Chain Management (SCM) officials in government should be given appropriate authority in the public procurement system.

scholarly journals Editorial

2017 ◽  
Vol 17 (3) ◽  
pp. 1
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
Public Procurement ◽  
Case Note ◽  
The South ◽  
Integration Rule ◽  
Market Abuse ◽  
Direct Participation ◽  
Service Commission

The third issue of PER contains ten articles and one case note on a variety of themes. Shaun de Freitas shares his views on improper irreligious proselytism in religious rights and freedoms jurisprudence within a public school context and introduces an equitable and accommodative understanding of proselytism, which places the potentially harmful effects of both religious and irreligious beliefs on an equal footing with each other. Yvette Joubert and Juanitta Calitz analyse the role of the so-called private examinations in South African insolvency law and deal with the question of whether or not section 417 of the Insolvency Act 24 of 1936 is adequately and effectively framed in order to fulfil its intended purpose in South African law. Howard Chitimira gives a historical overview of the regulation of market abuse in South Africa. He concludes his contribution with a discussion by isolating certain flaws in the previous market abuse laws that were re-incorporated into the current South African market abuse legislation and makes recommendations in that regard. Juanita Jamneck discusses the contemporary meaning of the word "spouse" and the recognition of the family as an important social institution in the light of the provisions of the Intestate Succession Act 81 of 1987. Shannon Bosch reviews the scope and nature of "direct participation in hostilities" in international humanitarian law in the light of the Interpretive Guide on the Notion of Direct Participation in Hostilities issued by the International Committee for the Red Cross. The primary objective of the article by Vinesh Basdeo is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. Eddie Hurter and Tana Pistorius examine the new .Africa Top Level Domain - an Africa initiative to ensure that Africa gets its rightful place in the global network. Geo Quinot tracks the development of the role of functionality in public tender adjudication as prescribed by public procurement regulation since the enactment of the Preferential Procurement Policy Framework Act 5 of 2000, which spearheaded the development of contemporary public procurement regulation in South Africa. Thino Bekker discusses the scope and application of the integration rule in the South African law of contract and deals with the question if rectification can be utilised to avoid the strict application of the integration rule and consequently serve as an instrument for the (indirect) abolition or modification of the rule in the South-African law of contract. Yeukai Mupangavanhu discusses the case of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ) in the light of the exemption clauses in the Consumer Protection Act 68 of 2008 (CPA). The case note, which is also the final contribution, by Martha Radebe evaluates the unconstitutional practices of the Judicial Service Commission under the guise of judicial transformation as they came to the fore in the case of the Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC). 

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