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Draft Bill gives public a role in tenders

Publish date: 15 May 2017
Issue Number: 725
Diary: IBA Legalbrief Africa
Category: South Africa

Treasury acting procurement chief Schalk Human claims the finalised draft Public Procurement Management Bill is intended to give civil society a role in adjudicating tenders, says a Business Day report. Human told Parliament’s Appropriations Committee that this would make the awarding of tenders more open and transparent. Civil society – including bodies such as the Black Sash, Corruption Watch and community-based organisations – would be able to be represented on the adjudicating committees. The proposed Bill – which would be submitted to the Cabinet after it was approved by Finance Minister Malusi Gigaba – would introduce more flexibility into government procurement, Human said. The Bill would provide the legal framework for the regulation, modernisation and transformation of public procurement and include preferential targeting, local-content, supplier development and set-aside measures to achieve equity, job creation and local industrialisation. It would consolidate the fragmented legal and policy environment. The Bill would introduce sanctions for wrongdoing and non-compliance, beefing up the provisions of the Public Finance Management Act and the Municipal Finance Management Act. Once promulgated, the Bill would override the Preferential Procurement Policy Framework Act, which Human said was ‘too rigid’ and ‘very restrictive’.

Full Business Day report