Public Law News
More newsPublic-private partnerships pave the way for South Africa’s low-carbon economy
South Africa is gradually embracing a greener future that is no longer driven solely by environmental policy considerations. Climate commitments, procurement reform and energy sector planning are increasingly positioning public-private partnerships (PPPs) as a strategic tool to drive sustainable development. These collaborations between Government and businesses, accounting for roughly 15% of South Africa’s GDP, are increasingly being seen as mechanism to simultaneously deliver infrastructure and promote sustainability.
Transforming public procurement: A comprehensive analysis of the Draft Public Procurement Bill
The National Council of Provinces’ select committee on finance has made amendments to the Public Procurement Bill (Bill) and aims to have it approved by the National Assembly during the course of thisweek.
Shifting 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.