PUBLIC PROCUREMENT BILL TABLED IN PARLIAMENT

The long-awaited Public Procurement Bill has finally been tabled in Parliament. This follows a procedurally required explanatory summary of its contents, which was gazetted on 22 May 2023  –  and an unusual move a week later, when National Treasury published the Bill’s draft version on its website.

With the intention of creating a single regulatory framework for public procurement, according to a memorandum on the Bill’s objects, once in force it is expected to:

  • introduce uniform treasury norms and standards across all spheres of government
  • reduce the potential for ‘confusion’ resulting from numerous sets of rules under the prevailing, fragmented public procurement regime
  • ensure that ‘procurement by organs of state and identified institutions occurs in accordance with a system … (that) is fair, equitable, transparent, competitive and cost-effective’, and
  • regulate public procurement ‘in line with all applicable stipulations of the Constitution and …  contribute to address(ing) the (country’s) economic and social challenges’.

Against that backdrop, once operationalised the Bill will amend a raft of statutes and repeal three, one of which will be the controversial Preferential Procurement Policy Framework Act, 2000.

Published by SA Legal Academy Policy Watch

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