scholarly journals The Role of Quality in the Adjudication of Public Tenders

Author(s):  
Geo Quinot

The quality of the goods or services that government procures is obviously a very important consideration in deciding which supplier should be awarded a particular public tender. It follows that in the regulation of public procurement, particular attention should be given to the role of quality (also called functionality) in the adjudication of public tenders and the final award decision. In South African public procurement law, the role of functionality in public tender adjudication has been a fairly controversial issue that has resulted in a continuing interaction between courts and law-makers on how and when quality should be assessed and should impact on the final award decision within the framework for public procurement found in section 217 of the Constitution. This contribution 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. The analysis shows how the role of functionality has constantly changed since the enactment of the PPPFA and remains uncertain. This uncertainty relates to different interpretations of the constitutional requirements for public procurement primarily contained in section 217(1) of the Constitution. Whether functionality is used as a qualification criterion, an award criterion or both holds particular practical implications for both suppliers and contracting authorities. It is accordingly important to have certainty on this question. However, it cannot be said that the Constitution and section 217 in particular dictates one approach rather than another. The issue should thus be resolved with reference to the statutory scheme adopted under the PPPFA.

2018 ◽  
Vol 1 (1) ◽  
pp. 65
Author(s):  
Adie Dwiyanto Nurlukman

Utilization of technological developments for improving the quality of public services needs to be done in an effort to create transparent, accountable, quick, and appropriate governance. e-Procurement policy is one of technology utilization innovations in the effort to improve the public  procurement that have been prone to corruption. This paper tries to analyze the efforts to optimize innovation in the implementation of government procurement of goods and services through e-Procurement in Indonesia that has been running for about a decade. Based on the results of the research, there needs to be good integration and collaboration between procurement policies, stakeholders involved, and the role of the Procurement Services Unit (ULP) to achieve optimization in the implementation of government procurement policies through e-Procurement.Keyword: Public Procurement, Government Innovation, e-Procurement


Author(s):  
Christa Rautenbach

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). 


Mousaion ◽  
2016 ◽  
Vol 33 (1) ◽  
pp. 23-42 ◽  
Author(s):  
Tinashe Mugwisi

Information and communications technologies (ICTs) and the Internet have to a large extent influenced the way information is made available, published and accessed. More information is being produced too frequently and information users now require certain skills to sift through this multitude in order to identify what is appropriate for their purposes. Computer and information skills have become a necessity for all academic programmes. As libraries subscribe to databases and other peer-reviewed content (print and electronic), it is important that users are also made aware of such sources and their importance. The purpose of this study was to examine the teaching of information literacy (IL) in universities in Zimbabwe and South Africa, and the role played by librarians in creating information literate graduates. This was done by examining whether such IL programmes were prioritised, their content and how frequently they were reviewed. An electronic questionnaire was distributed to 12 university libraries in Zimbabwe and 21 in South Africa. A total of 25 questionnaires were returned. The findings revealed that IL was being taught in universities library and non-library staff, was compulsory and contributed to the term mark in some institutions. The study also revealed that 44 per cent of the total respondents indicated that the libraries were collaborating with departments and faculty in implementing IL programmes in universities. The study recommends that IL should be an integral part of the university programmes in order to promote the use of databases and to guide students on ethical issues of information use.


2004 ◽  
Vol 60 (4) ◽  
Author(s):  
P.G.J. Meiring

The author who served on the South African Truth and Reconciliation Commission (TRC), focuses on the Hindu experience in South Africa during the apartheid years. At a special TRC Hearing for Faith Communities (East London, 17-19 November 1997) two submissions by local Hindu leaders were tabled. Taking his cues from those submissions, the author discusses four issues: the way the Hindu community suffered during these years, the way in which some members of the Hindu community supported the system of apartheid, the role of Hindus in the struggle against apartheid, and finally the contribution of the Hindu community towards reconciliation in South Africa. In conclusion some notes on how Hindus and Christians may work together in th


2021 ◽  
pp. 109634802110115
Author(s):  
Seonjeong (Ally) Lee ◽  
Ning-Kuang Chuang

The physical environment plays an essential role in customers’ hotel stay experiences. Hotels offer a differentiated atmosphere that creates favorable customers’ evaluations. Based on the significant role of environmental cues, this study investigates the effects of an expanded servicescape on customers’ evaluations, including customer satisfaction, quality of life, and customer loyalty, in the context of the hotel industry. To test the proposed research framework, this study collects data from previous hotel customers and conducts a self-administered, online survey. Findings identified ambience, interactions with employees, authenticity, and fascination positively influenced customers’ satisfaction, which further influenced customer loyalty. Only ambience and fascination positively influenced quality of life, which in turn influenced customer loyalty. Results contributed to the application of expanded servicescape in the hotel context. Results also suggested practical implications of the holistic approach of servicescape in the hotel industry.


1979 ◽  
Vol 27 (3) ◽  
pp. 458-468 ◽  
Author(s):  
Henry Lever

There is some controversy concerning the role of ethnicity in South African electoral behaviour. Since the society is segmented on ethnic lines it is to be expected that ethnicity would play a crucial role in affecting political choices. Some writers have gone so far as to suggest that ethnicity is the only significant factor affecting voting preferences. The controversy arose at a time when Goodman's method of log-linear analysis for hierarchical models had not yet been developed. This method provides the most powerful tool available for the multivariate analysis of categorical data. A re-analysis of previously published research using Goodman's method shows that ethnicity is not the only significant factor having a bearing on voting preferences. The first four-way table of voting preferences in South Africa is presented. The order of importance of the variables affecting party choice is: (1) ethnicity (2) socio-economic status (3) age of the voter. The recursive model suggested by the analysis explains approximately 98 per cent of the data.


2015 ◽  
Vol 43 (2) ◽  
pp. 76-83
Author(s):  
Jenny Raubenheimer ◽  
John Stephen van Niekerk

Purpose – The purpose of this paper is to review interlending development in South Africa and current trends in interlending. Design/methodology/approach – Literature study and survey. Findings – Interlending is still an essential service in South Africa. Interlending systems must be used effectively to ensure rapid delivery of requested interlibrary loans. There is a significant use of WorldShare ILL, but there is a scope for substantial development. Research limitations/implications – This is not a comprehensive study but focusses on current interlending activities at some of the larger South African academic and special libraries and the use of Online Computer Library Centre systems. Practical implications – The paper provides some historical information and the extent of current interlending and systems used. Social implications – The paper gives an indication of the value of interlending in South Africa and its contribution to information provision. Originality/value – The paper provides a snapshot of interlending in South Africa and areas for development.


2007 ◽  
Vol 37 (3) ◽  
pp. 420-424 ◽  
Author(s):  
Melissa Steyn

Green, Sonn, and Matsebula's (2007) article is useful in helping to establish and develop whiteness studies in South African academia, and thus to shift the academic gaze from the margins to the centre. The article is published in the wake of three waves of international whiteness studies, which successively described whiteness as a space of taken-for-granted privilege; a series of historically different but related spaces; and, finally, as part of the global, postcolonial world order. Green, Sonn, and Matsebula's (2007) contribution could be extended by more fully capturing the dissimilarity in the texture of the experience of whiteness in Australia and South Africa. In South Africa whiteness has never had the quality of invisibility that is implied in the ‘standard’ whiteness literature, and in post-apartheid South Africa white South Africans cannot assume the same privileges, with such ease, when state power is overtly committed to breaking down racial privilege.


2021 ◽  
pp. 251484862110663
Author(s):  
Lerato Thakholi ◽  
Bram Büscher

In 2016, South Africa launched its National Biodiversity Economy Strategy. This strategy aims to facilitate the development of a ‘wildlife economy’ as a solution to unemployment, loss of biodiversity and rural development. Central to the strategy is the role of private conservation actors, who keenly posit their commercial model as the best way to achieve these objectives. This stands in sharp contrast to recent critiques that suggest that private conservation reinforces structural inequality by denying access to land and perpetuating unjust labour conditions. Using ethnographic data from the South African Lowveld region that includes the Kruger National Park, the paper takes these points further by arguing that a rapidly growing alliance between private conservation and property developers actively conserve inequality by maintaining and even extending spatial injustice in the region. Two popular recent manifestations of this alliance in particular, share block systems that distribute ownership of access to real estate in private reserves and wildlife housing estates, have established new conservation-property linkages that entrench capitalist socioecological fixes. Not only do these initiatives lead to further engrained spatial injustice, we conclude that this conservation-property alliance at the centre of the ‘wildlife economy’ also willingly sacrifices environmental sustainability on the altar of white conservation imaginations and private profit.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lindani Myeza ◽  
Naledi Nkhi ◽  
Warren Maroun

PurposeThe study aims to deepen the understanding of why risk management principles are circumvented, thereby contributing to transgressions in public procurement for South African state-owned enterprises (SOEs). A deeper understanding of why risk management principles are circumvented is especially important in South Africa, given the high social, economic and environmental risks to which national and major SOEs are exposed in the procurement process.Design/methodology/approachThe study uses a qualitative design, based on detailed semi-structured interviews with 19 participants comprising management advisors, forensic investigators and auditors to explore why risk management principles are circumvented by South Africa SOEs.FindingsThe results of the study indicate that the tone that is set at political and executive level plays an important role in determining compliance with risk management principles by lower-level staff. Intense levels of political influence at SOEs are the main reason behind risk management systems being undermined.Originality/valueThe current study is one of the first explorations of why transgressions in public procurement continue to be evident despite risk management reforms being adopted by South Africa public sector. The research responds to the call for more studies on why reforms in South Africa public sector are not reducing transgression in public procurement. The study provides primary evidence on the importance of political and executive leadership in influencing the effectiveness of risk management reforms in the public sector.


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