Legal Developments and News

We understand the importance of staying on top of developments in the legal world

Reset Filters

Filter: Procurement

New Public Procurement Bill intended to end tender corruption

27 July 2023

To address the continuing perception of tender corruption which has also been included as one of the reasons for South... Africa’s grey listing by the international community, the Minister of Finance in May 2023 introduced a draft Public Procurement Bill as the answer to creating conformation, stability and transparency in public procurement across all state entities from national to local government level. The Bill has since been tabled in Parliament.

164

Article

Can a settlement agreement override fair tender procedures?

10 February 2021

After losing a tender, we lodged a complaint with the department against their awarding of the tender to a bidder... who we are aware operates in a less than reputable fashion. The department informed us they would cancel the tender. Subsequently we have heard that although the tender was cancelled, the department wants to enter into a settlement agreement with the bidder to avoid litigation. Surely such a settlement agreement cannot override fair tender procedures?

297

Article

51% black equity tender pre-qualification criteria found to be invalid

06 January 2021

My business is 26% black owned but has been excluded from a number of tenders because of pre-qualification criteria for... tenders being set at being at least 51% black owned. I’ve seen in the news though that this practice has been scratched by the courts. Is this true?

350

Article

Have the BEE Priority Elements had the desired impact on transformation?

11 September 2020

I’m the procurement manager for our company. We have a strong focus on BEE in our business and take great... care in our procurement and the BEE position of our suppliers. Accordingly, I have noticed from the BEE certificates of many of our suppliers that they do quite poorly with their priority elements. This is strange, given the risk of dropping levels for non-compliance with these elements. Maybe the priority elements have not had the desired impact envisaged by their introduction?

327

Article