The Law of Government Procurement in South Africa

Introduction

Introduction

Importance of government procurement

Legal regulation of government procurement in South Africa

Significance of this book: literature survey

Scope and structure of the book

The law that applies to government procurement

Introduction

Pre-award period

Award period

The conclusion of a contract

The law after the conclusion of the contract

Conclusion

Constitutional framework of government procurement

Introduction

The power to contract and the principle of legality

The 1993 and 1996 constitutions compared

Interpretation of section 217

Meaning of the principles in section 217(1)

Legal nature of the principles

Corruption and the principles

Procurement as a policy tool

Scope of application of section 217

Conclusion

Scope of the government's power to contract

Introduction

Scope of the government's power to contract

Conclusion

The importance and attainment of value for money

Introduction

Importance of cost-effectiveness throughout the procurement process

Effecting cost-effectiveness at national and provincial government level

Effecting cost-effectiveness at local government level

Relative weight of cost-effectiveness versus social policy

Conclusion

The use of competition: award procedures

Introduction

General categories or types of competition

Common strategies to defeat competition

Effecting competition in legislation

CONCLUSION

Fairness and transparency: PFMA, MFMA and Municipal Systems Act

Introduction

Common strategies to defeat fairness and transparency

Legislation that dictates 'fair' and 'transparent' procurement procedures

Fairness and transparency, and the negotiation and/or variation of contracts

Conclusion

The requirements of procedural fairness

Introduction

Scope of application of procedural fairness

Elements of procedural fairness

Conclusion

The right to reasons and access to information

Introduction

The right to reasons

The right of access to information

Procurement as a policy tool

Introduction

Overview of policy objectives

Equity and equality

Equity and cost-effectiveness

Constitutional framework of preferential procurement

Policy initiatives prior to the Procurement Act

The Procurement Act and Regulations

Free trade versus policy promotion

Conclusion

Public law remedies

Introduction

Pre-contractual dispute resolution

Judicial remedies: remedies in review proceedings

Conclusion

Private law remedies

Introduction

Contractual and post-contractual dispute resolution

Contractual remedies

DELICTUAL REMEDIES

Conclusion

Remedies provided for in legislation

Introduction

Pre-contractual stage

CONTRACTUAL AND POST-CONTRACTUAL STAGE

Conclusion

Annexures

Constitution of the Republic of South Africa 200 of 1993, section 187

Constitution of the Republic of South Africa 108 of 1996, section 217

Preferential Procurement Policy Framework Act 5 of 2000

Public Finance Management Act 1 of 1999

Local Government: Municipal Finance Management Act 56 of 2003

Bibliography

Books, Chapters in Books, Theses, Articles and Papers

Newspaper Reports

Government Publications and Official Documents