By Ryan Brunette
The preferential procurement clause, especially, falls short of the constitutional requirement of a national legislative framework. Currently, the clause gives wide discretion to procuring institutions and opens the way to confusion and abuse.
South Africa’s public procurement system is inefficient and corrupt. Because it handles a fifth of GDP and plays a central role in redressing inequality, this crisis is central to our political, public administrative and economic problems. The new Public Procurement Bill moves to address this by advancing efficiency and integrity measures. But if it does not align with the constitution, these will come to nothing. […]