The Constitutional Requirements For Public Procurement Essay examples

The Constitutional Requirements For Public Procurement Essay examples

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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 public procurement and its operation. Further constitutional provisions may underline the need for effective public procurement but are not directly relevant to the system of public procurement itself.

The primary purpose of the investigation in this chapter is to establish the constitutional context for the requirements for a procurement system of which cost-effectiveness, the focus of this study, forms part. The requirement of cost-effectiveness is but one of the requirements and the constitutional context is therefore investigated broadly with regard to the assembly of the system, the requirements of the system, and the constitutional provisions governing the system in its execution. The following chapter, Chapter 3, examines the meaning and content of each of the requirements and examines the interrelationships between them at a detailed level.

The procurement provisions of the Constitution have been analysed in some depth in numerous local works and the interpretations and conclusi...


... middle of paper ...


... level of requirements for public procurement. Subsections 217(2) and (3) provide for preferences, protections and advancement in procurement arrangements that exert a level of precedence over the provisions of subsection 217(1), thereby entrenching the use of specific horizontal mechanisms and objectives for public procurement in the Republic.

The various aspects of the constitutional procurement provisions of section 217 are discussed under the headings below.

2.3.2 Application
The provisions of subsection 217(1) define the procurement provisions to be applicable to "an organ of state in the national, provincial or local sphere of government" or "any other institution identified in national legislation". This definition identifies two groups of institutions. If an institution falls within the bounds of either group, the procurement provisions will be applicable.

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