The Law of Government Procurement in South Africa
The Law of Government Procurement in South Africa is the very first comprehensive analysis of this topic.
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Product description
The Law of Government Procurement in South Africa is the very first comprehensive analysis of this topic.
It systematically covers the entire field of law applicable to government procurement and examines the scope and effect of the current procurement legislation in the light of existing case law and commentary.
Table of contents
Introduction
Introduction
Importance of government procurement
Legal regulation of government procurement in South Africa
Significance of this book: literature survey
Scope and structure of the book
The law that applies to government procurement
Introduction
Pre-award period
Award period
The conclusion of a contract
The law after the conclusion of the contract
Conclusion
Constitutional framework of government procurement
Introduction
The power to contract and the principle of legality
The 1993 and 1996 constitutions compared
Interpretation of section 217
Meaning of the principles in section 217(1)
Legal nature of the principles
Corruption and the principles
Procurement as a policy tool
Scope of application of section 217
Conclusion
Scope of the government's power to contract
Introduction
Scope of the government's power to contract
Conclusion
The importance and attainment of value for money
Introduction
Importance of cost-effectiveness throughout the procurement process
Effecting cost-effectiveness at national and provincial government level
Effecting cost-effectiveness at local government level
Relative weight of cost-effectiveness versus social policy
Conclusion
The use of competition: award procedures
Introduction
General categories or types of competition
Common strategies to defeat competition
Effecting competition in legislation
CONCLUSION
Fairness and transparency: PFMA, MFMA and Municipal Systems Act
Introduction
Common strategies to defeat fairness and transparency
Legislation that dictates 'fair' and 'transparent' procurement procedures
Fairness and transparency, and the negotiation and/or variation of contracts
Conclusion
The requirements of procedural fairness
Introduction
Scope of application of procedural fairness
Elements of procedural fairness
Conclusion
The right to reasons and access to information
Introduction
The right to reasons
The right of access to information
Procurement as a policy tool
Introduction
Overview of policy objectives
Equity and equality
Equity and cost-effectiveness
Constitutional framework of preferential procurement
Policy initiatives prior to the Procurement Act
The Procurement Act and Regulations
Free trade versus policy promotion
Conclusion
Public law remedies
Introduction
Pre-contractual dispute resolution
Judicial remedies: remedies in review proceedings
Conclusion
Private law remedies
Introduction
Contractual and post-contractual dispute resolution
Contractual remedies
DELICTUAL REMEDIES
Conclusion
Remedies provided for in legislation
Introduction
Pre-contractual stage
CONTRACTUAL AND POST-CONTRACTUAL STAGE
Conclusion
Annexures
Constitution of the Republic of South Africa 200 of 1993, section 187
Constitution of the Republic of South Africa 108 of 1996, section 217
Preferential Procurement Policy Framework Act 5 of 2000
Public Finance Management Act 1 of 1999
Local Government: Municipal Finance Management Act 56 of 2003
Bibliography
Books, Chapters in Books, Theses, Articles and Papers
Newspaper Reports
Government Publications and Official Documents
