PUBLIC PROCURMENT: NATIONAL TREASURY PUBLISHES PRE-TABLING DRAFT BILL

PUBLIC PROCURMENT: NATIONAL TREASURY PUBLISHES PRE-TABLING DRAFT BILL

• 05 June 2023
• Broad-based Black Economic Empowerment
• SA Legal Academy

National Treasury has published a draft Public Procurement Bill in anticipation of tabling the certified version in Parliament shortly. As SA Legal Academy has already reported, Cabinet approved the Bill on 10 May 2023 and an explanatory summary of its contents was gazetted two weeks later.

Proposing a framework for preferential procurement implementation, the draft Bill is underpinned by several constitutionally enshrined imperatives:

• to promote the following principles in public administration:
  • a ‘high standard of professional ethics
  • the efficient, economic and effective use of resources, and
  • an approach that is development-oriented, accountable and transparent (Constitution section 195)
• to develop legislation that ensures transparent ‘expenditure control in each sphere of government’, among other things by introducing ‘uniform treasury norms and standards’ (Constitution sub-section 216[1])
• to ensure that procurement by organs of state and identified institutions takes place in accordance with a system that is ‘fair, equitable, transparent, competitive and cost-effective’ (Constitution sub-section 217[1]), and
• to develop a procurement policy and national legislation ‘providing for categories of preference in the allocation of contracts (to) and the protection or advancement of persons disadvantaged by unfair discrimination’ (Constitution sub-section 217[2]).

For more details, please click the links below:

• draft Bill
• SA Legal Academy article

Published by SA Legal Academy Policy Watch

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