Details

The officers of the Western Cape Branch of the Public Protector (PP), including the Deputy Public Protector Adv. Kevin Malunga, were trained in Public Procurement Law.

The training especially focused on the following main areas:

• Introduction to public procurement law and overview of the state of the law in South Africa
• Procurement methods
• Adjudication of public tenders
• Grievances and disputes in public procurement law
• Corruption in public procurement

In a first session, the notion of this field of law was discussed and distinguished from other related fields, such as supply chain management. Brief attention was given to the approach to public procurement law in global perspective to frame the study of domestic law. The basic legal framework in terms of which public procurement occurs in South Africa will be set out. This involved general constitutional and administrative law at the highest level as well as the largely statutory framework that governs public procurement in particular.

The overall purpose of unit 1 was to create the common basis upon which more detailed study of specific issues are followed in subsequent units.

The outcome of unit 1 iwas to develop an appreciation for:

• The notion of public procurement law;

• The distinction between public procurement law and other fields impacting on public procurement;

• The regulation of public procurement in global perspective;

• The general legal framework in South Africa in terms of which public procurement law exists;

Participants were introduced to public procurement law. The notion of this field of law was discussed and distinguished from other related fields, such as supply chain management. The basic legal framework in terms of which public procurement occurs in South Africa was set out. This involved general constitutional and administrative law at the highest level as well as the largely statutory framework that governs public procurement in particular.

The outcome of this unit was to develop an appreciation for:

• The notion of public procurement law;
• The distinction between public procurement law and other fields impacting on public procurement;
• The regulation of public procurement in global perspective;
• The general legal framework in South Africa in terms of which public procurement law exists;

Above that, participants also gained an understanding of the main statutory instruments governing public procurement in South Africa:

• Public Finance Management Act 1 of 1999 & regulations o Local Government: Municipal Finance Management Act 56 of 2003 & regulations of Preferential Procurement Policy Framework Act 5 of 2000 & regulations
• Construction Industry Development Board Act 38 of 2000 & regulations
• National Land Transport Act 5 of 2009 & regulations
• State Information Technology Agency Act 88 of 1998 & regulations

Moreover, the training also transmitted insights into the scope of public procurement law in South Africa:

• What type of transactions are covered
• Which institutions are covered
• What stages of procurement are covered
• The main legal requirements for a valid public procurement.

Further Info on the Training for the Office of the Public Protector (Website of the African Procurement Law Unit)