This chapter sets out to investigate the constitutional requirements for the public procurement system in South Africa. These constitutional requirements for the system are primarily contained within section 217 of the Constitution (the "Procurement clause"). By the public and administrative nature of public procurement activities, the constitutional requirements for the broader activities of public procurement in terms of the system extend to other provisions, amongst others, the rights to just administrative action, access to information, and equality, have direct relevance. The constitutional provisions setting out the values for public administration, the powers of central executive control and review are also relevant to the system for …show more content…
Procurement of goods and services by the state could only be performed in terms of this act and through the central State Tender Board. In 1994, the promulgation of the Constitution of the Republic of South Africa, Act 200 of 1993 (hereafter the "Interim Constitution") first saw recognition of public procurement at constitutional level in the Republic. Section 187 of the Interim Constitution required national and provincial legislation to regulate the procurement of goods and services in all spheres of government and required such legislation to appoint tender boards to oversee such procurement. Further provisions of section 187 set out the basic requirements for the procurement system: to be fair; public; competitive; non-interference in the envisaged tender boards; the recording of decisions; and the reasons for such decisions to be given to interested parties. The procurement provisions of the Interim Constitution, although elevating procurement to a constitutional level, envisaged a procurement system with strong similarities to the pre-existing system, one of centralised procurement authorities in the form of tender boards. The requirement for the system to be competitive appeared to be limited to only one such procurement method, that of tendering. Three years later, the Interim Constitution 's specific public procurement provisions of section 187 were significantly broadened to those adopted in section 217, titled "Procurement", of the final Constitution and the procedural focus of the procurement provisions of the Interim Constitution was replaced with principle-based requirements for decentralised systems of procurement. Among the explicit requirements under the provisions of the Constitution is that the procurement system
The Constitution Act, 1876 and the Constitution Act, 1982 are the two official documents that comprise the Constitution of Canada and are the supreme source of law in the nation. According to Craik & Forcese these documents together rep...
The Truth in Negotiations Act was passed on December 1, 1962 requiring government contractors to submit cost or pricing data if the procurement met specific requirements in order to establish that the offer is fair and reasonable. The history of The Truth in Negotiations Act will set the stage for its significance in the twenty-first century. Prior to World War II, the United States government conducted its bidding process for procurement in an open bid environment. What was required for a bid was a complete description of the requirement, two or more suppliers capable and willing to complete the requirement, a selection based on price competition and sufficient time to prepare a complete statement of the government’s needs and terms. (Graetz, 1968). If any of these were missing then a negotiated contract would have to take place. This was a time consuming process.
There are two types of transparencies: Regulatory transparency which incorporates controls on regulatory discretion, counsel with invested individuals and advance procedures that are clear, unsurprising and reliable. Information transparency is the giving of precise and “timely statistical data” as well as convenient warning of continuous policy discussions. ("Critical perspectives on international business: Vol 5, No 3", 2016) It needs to be transparent on how it spends the publics tax money and how they conduct their business. In 2012 South Africa was positioned second out of an aggregate of 94 countries for the transparency of its financial plan, however, in the 2015 review, South Africa was positioned third. ("South Africa Overview", 2016) The public and the business community need to have regulatory and information transparency so they can understand and make a precise evaluation of their rights and commitments. However, the final objective of the public sector transparency needs to make government policies reasonable and unsurprising to diminish the instability and expenses of “conducting public and private business.” ("Critical perspectives on international business: Vol 5, No 3", 2016) Transparency in the Private sector is the extent to which organizations customarily reveal substantial information about their financial condition and bookkeeping practices to “outsiders and the government in a reliable manner.” ("Critical perspectives on international business: Vol 5, No 3", 2016) Valuable numeric reporting supports the general productivity of the business sector and has the long‐term impact of lessening the expense of capital for companies. Incorrect or conflicting numeric reports brings down the plausibility of the private sector and discourage foreign contribution and cross‐border
International City Management Association. Service Delivery in the 90's: Alternative Approaches for Local Governments: Washington D.C.: International City Management Association, 1989.
This judgment given set criterion which is still been used in the modern court system and due to this case it was developed that an offer of contract can be unilateral and doesn’t have to be made to a specific party only. Also it was developed to that the acceptance of an offer does not require a notification and that once the concerned party purchases the product the contract is active then and there itself. And it was also established that purchase of an item is a fine example of consideration and therefore makes it a valid contract. (Smith, 2000).
Of course the coordination and integration of the total flow is rather critical for many organizations. As the days are passing on, the demand of Supply Chain training is increasing day by day.
...r pillars of public administration are equally important in the process of public administration and complement one another in the provision of quality public service. When public administrators have economy in mind they focus on the best combination of available resources to provide optimum public service. To ensure that public service is not limited to only a section of the public, the issue of equity is taken into consideration so that public interest is realized. Efficiency and effectiveness additionally go hand in hand in ensuring that allocated resources are used in the best possible manner to attain set goals. Thus whereas the first three public administration pillars – Economy, efficiency and effectiveness are concerned with how public service is provided the fourth and most recent addition (Equity) concerns with for whom public service is provided.
According toMusau (2015), procurement performance entails how well organizational procurement objectives have been attained. The extent to which procurement function is able toobtain best value for spent organizational money to purchase products and services is the best indicator of procurement performance. Procurement performance entails two major aspects that is;efficiencyandeffectiveness. Effectiveness in procurementis essentially the extent to which previously stated firm purchasing goals and objectives have been met, on the other hand, procurement efficiency is the associationthat exists between planned and actual required resources needed to realize formulated goals and objectives as well as their related activities.Effectiveness in procurement
In general, there are different types of procurement type for various situations due to no one method can be suitable under the all different construction project. In this case, there are four procurement paths, which are traditional, design and build, management and design and manage, will be advised to use. However, each method has different aspects of advantages and disadvantages.
Odhiambo and Kamau define public procurement as the purchasing, hiring or obtaining by any contractual means, goods, construction works and services by the public sector. Arrowsmith defines public procurement as government’s activity of purchasing goods and services it requires in order to perform its functions. Therefore the term public procurement refers to the purchasing by governments and local authorities of the works, goods and services they need to operate.
Over time, how have members of the field of public administration examined the subject of policy and administration (has the dichotomy changed)?
Among the issues of concern to the procurement officer which are being addressed in this study are; the level of accountability, the adherence to professionalism and ethics and the adoption and use of ICT technologies in the organization. There is a direct influence on the profits because procurement stands for such a large part of the company’s costs. There is also an indirect influence on the performance due to the large part of the internal costs affecting what happens in the interface between the company and its suppliers (Gadde and Hakansson,
“Public administration is the management of affairs of the government at all levels-national, state, and local. It is the branch of the wide field of administration” (Basu, 2004 p. 3). There are many scopes and areas of focus that public administration overlaps and are involved in. The areas that public administration is prominent in are politics, managerial, and judicial structures. Public administration plays a significant role in the impact of decisions that are made in politics. Quite often it is those decisions that influence operation and management of various structures. In managerial functions public administration plays an integral position in managing projects that focus on strategic development, public policies,
PREVIEW STATEMENT: I would like to show you today, how corruption could cripple the progress in South African societies by empowering criminal organizations and keeping the lower classes poor, and then I shall provide judicial solutions that revolve around empowering the public financially and legislatively to overthrow the tools of corruption. BODY I. First of all, one ought to recognize corruption as a real threat to political and economic structures in society in South Africa. A. “Transparency International's (TI) 2013 global Corruption Perception Index (CPI) shows that South Africa has dropped 34 places since 2001, with half the decline of 17 places occurring since 2009” (Newham, 2014). B. Corruption in forms of criminal organizations is often perceived as an illegal approach to gaining financial power which is intentionally committed to procuring services and benefits. C. The problem with South Africa is that its constitutional principles of accountability and its rule of the law are not firmly implemented, which allows the flow of illegal practices.
There are ample cases of corruption and fraud in South Africa. All of which have a common theme of using money that does not belong to people or participating in bribes to either gain money or receive special treatment. Police chief, Bheki Cele was accused of corruption in 2013. He was under investigation, along with a government minister. During property deals in police headquarters in Pretoria and Durban, it was found that the deal was conducted in an improper, unlawful and maladministrative manner. The leasing of th...