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

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.

2020 ◽  
Vol 12 (20) ◽  
pp. 8692
Author(s):  
David Fourie ◽  
Cornel Malan

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.


Author(s):  
Rolien Roos ◽  
Stephen De la Harpe ◽  
C Rijken

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.


2007 ◽  
Vol 51 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Sope Williams

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.


2008 ◽  
Vol 8 (1) ◽  
Author(s):  
R. Weeks ◽  
S. Benade

Purpose: The purpose of this paper is to analyse the nature of the South African dual manufacturing and services economy and the impact thereof on organisations from a management perspective. Problem investigated: Services account for over 65% of South Africa's gross domestic product (GDP) and reflects an escalating trend. The manufacturing sector of the economy is just over 26% of GDP. This by implication implies that the South African economy is dualistic in nature. The economy functions as an integrated component of the global economy, one that is highly competitive and turbulent in nature. The traditional management approach tends to be one based on a mechanistic, analytical and deterministic manufacturing perspective that is no longer effective in dealing with the services economy. Methodology: A literature study is undertaken and a narrative enquiry conducted by means of discussions with 24 South African executives to determine the impact of the dual economy on South African organisations and the influence thereof from a management perspective. The approach adopted was intentionally analytical-descriptive in nature. The narrative enquiry constituted open ended but structured discussions with executives in order to learn from their personal experiences in managing an organisation in what is termed to be the dual South African services and manufacturing economy. Findings: An important conclusion drawn from the study is that traditional paradigms of management that evolved within a mechanistic manufacturing economy is no longer effective for dealing with the unpredictable and disruptive changes of a highly competitive global services economy. A complexity theory based management approach it would appear may be more relevant in dealing with the emergent realities associated with a turbulent services economy. Value of the research: Seen within the context of the changing nature of the global and South African economy, the insights gained from the study could assist executives and managers in exploring alternative paradigms of management that would be more appropriate for dealing with the paradoxical nature of a dualistic economy. Conclusion: Appropriate management paradigms differ in terms of contextual realities confronting managers, namely dealing with ordered and un-ordered contextual conditions. The Cynefin Framework (Kurtz & Snowden, 2003) serves as a means of sense making in finding the most appropriate management response for dealing with the contextual realities associated with a dualistic economy.


Author(s):  
Shaneen Conradie ◽  
Christiaan Lamprecht

Background: Business rescue, in terms of Chapter 6 of the Companies Act No 71 of 2008, is still relatively new to the South African business environment. The need for a successful business rescue regime is beyond doubt. However, a consistent manner to measure the success of the regime has not been determined. Previous research into possible indicators of business rescue success was based on a review of international business rescue regimes that share the same underlying philosophy as the South African business rescue regime. Aim and Setting: This study extends previous research efforts by soliciting the opinions of 16 South African, senior business rescue practitioners on the indicators of business rescue success. Method: The researchers used a qualitative research approach. The Delphi research technique was used to gather qualitative and quantitative empirical data from business rescue practitioners. Results: The experts reached a high level of consensus on various indicators of a successful business rescue. Most notable are that business rescue should save as many jobs as possible and that the actual outcome should be compared to that estimated in the business rescue plan. A novel indicator of success is the business rescue points saved or rescued, when using the public interest score. Conclusion: The study makes a valuable contribution to the debate on what constitutes a successful business rescue by adding the considered opinion on indicators of success by one group of experts in the field of business rescue, namely senior business rescue practitioners.


Author(s):  
Azamat Akramov ◽  
◽  
Rano Isakovna Mardanova ◽  

The experience of Western countries with a developed market infrastructure shows that the public procurement system naturally became an integral part of the sphere of internal commodity exchange of certain types of products and services and one of the mechanisms for maintaining competition and a liberal way of doing business. The objective basis for the existence and progressive development of the public procurement system in the national economy of many countries is the fact that in the process of fulfilling their target functions, individual government departments and organizational structures of any of them are forced to face the problem of material and technical support both for the implementation of state and local programs, and for the implementation of their current activities. As a rule, it is solved by purchasing the necessary material and intangible resources, goods, works and services through purchases, called state, in the process of specially organized competitive bidding. The purpose of this article is to show the experience of developed countries in the implementation of public procurement.


2021 ◽  
Vol 14 (1) ◽  
pp. 441-445
Author(s):  
Peter M. Mphekgwana ◽  
Mpsanyana Makgahlela ◽  
Tebogo M. Mothiba

Introduction: The coronavirus (COVID-19) pandemic has caused major public respiratory illness worldwide. To date, no specific treatment for COVID-19 has proven effective, thus leading people to rely on diverse measures including the use of traditional medicines. Aim: The study aimed at determining the prevalence of traditional medicine use amongst university staff and students, and to examine the association of traditional medicine use with mental status and health parameters. Methods: A quantitative descriptive cross-sectional design research method was used in this study. The targeted population was the university staff members and students in one rural-based university. Results: A total of 400 individuals in rural-based university responded to the online survey; approximately more than three quarters were students 313 (78.3%) and single (86%). The ages of participants ranged from 17 to 66 years, with a median age of 22 years. The prevalence of the use of traditional medicines to respond to COVID-19 was 30.4%. A significantly higher proportion of use of traditional medicines was by participants with mental health impacts (62% vs. 37%), those who postponed medical appointments (48% vs. 22%) and those who failed to buy prescribed medications (36% vs. 14%). Conclusion: A considerable proportion of university staff members and students were found to be using traditional medicines in responding to COVID-19 during the South African nationwide lockdown. Policymakers and researchers are recommended to look more into the health benefits of traditional medicines, including clinical trials, to establish medicinal safety and efficacy.


2019 ◽  
Vol 75 (1) ◽  
Author(s):  
Johannes W. Hofmeyr

In this article, the question in focus is the church and Christianity’s prophetic responsibility towards society, and how in the specific case of the South African-born theologian Gerald John Pillay, his prophetic voice should be characterised. The question is addressed as to whether he was an activist at the barricades or a soft-spoken intellectual in his views on society. After a brief discussion on his bio, the focus is on the phenomenon of being a prophet towards society. Then, the focus, largely based on a literature study, moves to Pillay’s perspectives on the South African and New Zealand contexts, and then a discussion of some of Pillay’s writings on being a prophetic voice follows. Finally, in the conclusion, his specific style and model of being a prophetic voice are analysed.


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