The Constitutional Requirements For Public Procurement Essay examples

The Constitutional Requirements For Public Procurement Essay examples

Length: 999 words (2.9 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

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.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Procurement And The Procurement Of Procurement Essay

- In today’s economy, most organizations are expecting employees to deliver more, faster, and with fewer resources. Procuring the necessary goods and services essential in order to enable a successful business’s employees to meet these expectations, is paramount (Hopkins & Howe, 2014). Therefore, the procurement role has become in high demand, and extremely mobile, allowing for the specialization needed, and a long-term career, to keep businesses contending (Hopkins & Howe, 2014). While an employee may become an expert in the field of procurement, the requirements to comply with proposal processes, being as fair and transparent as possible, does require some institutional knowledge, and the de...   [tags: Supply chain management, Procurement, Case study]

Better Essays
1066 words (3 pages)

Procurement Of A Functional Procurement Management Process Essay

- Processes | Procurement | Warehouse Overview Synchronize the procurement of distribution to ensure that customer delivery requirements are met whilst achieving efficient transport operations. Typical activities included in this sub-dimension are - Contract Management and Compliance; Invoice and Payment Process; Performance Management. Assessment Questions Select the maturity level that best describes the warehouse procurement process. * LEVEL 1: Significant proportion of total warehouse and 3PL sourcing occurs outside of procurement management or influence....   [tags: Procurement, Contract, Management]

Better Essays
1561 words (4.5 pages)

Essay about Market Study in Public Procurement

- When the word ‘procurement’ is mentioned, it is often in the context of the actual procurement process wherein two parties are doing an exchange. In this exchange, a party trades a contract or payment for actual product, service or work of another party. This context shows the two main players are actively participating – the business providing the service or product and the entity that needs it Before the actual exchange occurs, there are some steps that have been taken by both parties. Prior to the actual procurement process, an entity that does procurement or receiving from available businesses will conduct a market study for its own protection and benefit....   [tags: research, study, government]

Better Essays
921 words (2.6 pages)

Functions Of The Procurement Cycle Essay

- " A purchasing manager should have a good understanding of the elements of the purchasing cycle. Explain the elements of the procurement cycle and assess its significance to the role of a purchasing manager ". Management in any company must understand the art of obtaining products and services. The procurement or purchasing cycle considered as one of concepts of purchasing that taking orders and activities from suppliers and transfer it to the final destination and follows specific steps for identifying the need of the company through the final step of the contract admin....   [tags: Procurement, Purchasing]

Better Essays
2222 words (6.3 pages)

Essay on Procurement Strategy For A Construction Project

- 1.0 Introduction To select a suitable procurement strategy for a construction project, there are some issues which need to consider. From all of those issues, there are 3 big issues that mainly affect the selection decision which are time, cost and quality. There is several type of procurement strategy available in market that commonly used for construction project and each of the common method will be analyze and compare to find the most appropriate method for this project. The choice of procurement strategy is very important to the success of a construction project....   [tags: Construction Procurement]

Better Essays
1188 words (3.4 pages)

The Implementation Of Procurement Planning Essay

- The purpose of determining requirements of procurement is that in this stage of the planning we decide on the direction we want the project to take. Important decisions need to be made regarding the resourcing of tasks, using internal capabilities or to procure those resources externally. When we are resourcing we are looking for the best way to get the work ahead completed. Using internal capabilities means that we use the resources that we already have to complete the work ahead and to procure resources externally means that we search for a supplier that will complete the work ahead to a satisfactory quality and schedule for an agreed cost....   [tags: Project management, Contract, Procurement]

Better Essays
903 words (2.6 pages)

Procurement And Change Management Plans Essay

- After the initial planning is completed on a project, there are various elements that will need to be developed in order for the endeavor to run smoothly. Two important areas include procurement and change management plans. The development of both segments are essential because of the inherent risks both pose to the successful completion of the undertaking. Other are of concern for the Rocky Mountain Lions Eye Bank (RMLEB) are the ethical standards in which the project will be accomplished and the integration of the international component within the organization....   [tags: Project management, Management, Procurement]

Better Essays
1589 words (4.5 pages)

Sourcing And Procurement Essay

- Sourcing and Procurement are processes in supply chain management (SCM). It is not uncommon to see the two terms used in the same context although there are differences. Sourcing Sourcing is a strategic process that is more comprehensive and takes in a wider organisational view than procurement alone does. Sourcing sets out to ensure that procurement processes and purchasing activities are in line with the objectives and goals of the supply chain as a whole. With this focus in mind, sourcing follows five salient principals • Accesses the total value - The total cost of ownership (TCO) model moves away from arm’s length relationships that are based on lowest purchase cost and instead takes a...   [tags: Procurement, Supply chain management]

Better Essays
1245 words (3.6 pages)

Pros And Cons Of Procurement Essay

- As procurement professionals, our task every day is to create efficiencies and best practices when it comes to procuring the supplies and services that are essential to our end-users. Three trends that are burgeoning right now are green procurement, auction procurement, and capital planning procurement. The focus will be on the latter in our discussion, but first I will take some time to briefly describe the other two trends: We’re entering a new era in corporate renewable energy purchasing (Pyper, 2017)....   [tags: Supply chain management, Procurement, Auction]

Better Essays
1414 words (4 pages)

Procurement Essay

- Procurement in practice Procurement is a subject that has a wide variety of branch. Many areas need the knowledge of procurement in order to practice effectively or attain their maximum profit levels. Procurement helps in determining when and how one should conduct certain transactions in the business. Procurement principle s help to guide healthy relationship with other subjects and avoid many business mistakes that have a high probability of happening. Some of the main principles that procurements deal with include; f value for money, ethics, competition, transparency, and accountability....   [tags: Ethics, Procurement, Morality, Social philosophy]

Better Essays
1025 words (2.9 pages)