Introduction
Section 217 of the Constitution stipulates that procurement by organs of State and allied institutions must occur in accordance with a system which is fair, equitable, transparent, competitive and cost-effective. However, the Constitution allows for preferences to be accorded to historically disadvantaged persons.
Flowing from the above constitutional prescripts, there have been various statutory enactments
aimed at regulating public procurement, most importantly:
- Preferential Procurement Policy Framework Act, 5 of 2000, and the Regulations promulgated in terms of the Act;
- Public Finance Management Act, 1 of 1999, and the Regulations promulgated in terms of the Act, being the National Treasury Regulations;
- Municipal Systems Act, 32 of 2000; and
- Municipal Finance Management Act, 56 of 2003, and the Regulations promulgated in terms of the Act.
Public Procurement Bill
In February 2020 the Public Procurement Bill was published for comment by 30 June 2020.
The stated aim of the Bill is to take the current fragmented law governing public procurement and combine it into one regulatory statute.
ALASTAIR HAY
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MARIKAH CALO
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Cox | Yeats Attorneys
