Public Law News
More newsShifting sands: A recent shakeup to the preferential procurement regime in South Africa
Procurement by organs of state is comprehensively regulated; section 217(1) of the Constitution provides that when procuring entities contract for goods or services they must comply with the principles of fairness, equity, transparency, competitiveness, and cost-effectiveness. Despite this, section 217(2) provides that the state may make use of procurement as a policy tool to protect or advance persons, or categories of persons disadvantaged by unfair discrimination. Section 217(3) stipulates that legislation must be enacted to provide a framework for the use of such policy. The enacted legislation is the Preferential Procurement Policy Framework Act, 2000 (PPPFA Act). It sets out the framework for the implementation of a preferential procurement policy.
Do you even have a contract? Public entities and “future financial commitments” under the PFMA
Given the renewed focus on ensuring accountability in government spending, and the enhanced judicial scrutiny of public contracts, clarity from the courts on the meaning and scope of key provisions of the Public Finance Management Act, No 1 of 1999 (PFMA) is most welcome for public and private actors alike. The Supreme Court of Appeal has recently offered such clarity in relation to agreements for goods and services that have multi-year contractual terms.
Impartiality – The cornerstone of any fair and just legal system
The Constitutional Court in President of the Republic of South Africa & Others v South African Rugby Football Union & others ZACC 9; 1999 (4) SA 147 (CC) para 28 has held that the right of recusal is designed to ensure that a person before a court should have a fair trial, and this right it entrenched in our Constitution.