GN413sp_STED10_09_23_01STp015_Comment_ver,1

The author contends that the Public Procurement Bill is constitutionally deficient because it grants procuring institutions broad, open-ended powers for preferential procurement without the 'framework' required by Section 217 of the constitution. The text argues that without specific guardrails to guide and limit these powers, the bill risks perpetuating inefficiency and corruption in a system that handles a fifth of South Africa's GDP. The author recommends that the bill be amended to explicitly instruct the minister of finance to elaborate a detailed framework to ensure legality and economic productivity.

• The Public Procurement Bill is criticized for failing to establish the 'framework' for preferential procurement mandated by Section 217 of the South African constitution, which requires procurement to be fair, equitable, transparent, competitive, and cost-effective.
• Clause 17 of the bill is described as providing 'open-ended' and 'boundless' preferential procurement powers to institutions, which the author argues lacks the necessary guardrails to prevent abuse and corruption.
• The bill allows for the promotion of various groups—including black people, women, youth, people with disabilities, and enterprises in rural or underdeveloped areas—through mechanisms such as preference points, set-asides, and subcontracting conditions.
• The author suggests that to avoid constitutional challenges and legal uncertainty, the bill must be amended to clearly instruct the minister of finance to develop a detailed framework for procurement.

APA

Brunette (n.d.). GN413sp_STED10_09_23_01STp015_Comment_ver,1. Public Affairs Research Institute. https://pari.org.za/wp-content/uploads/2023/09/2023_09_10STPg015-Comment-ver1.pdf

Chicago

Brunette. GN413sp_STED10_09_23_01STp015_Comment_ver,1. Public Affairs Research Institute, n.d. https://pari.org.za/wp-content/uploads/2023/09/2023_09_10STPg015-Comment-ver1.pdf.

Wikipedia

{{cite press release |last1=Brunette |title=GN413sp_STED10_09_23_01STp015_Comment_ver,1 |publisher=Public Affairs Research Institute |url=https://pari.org.za/wp-content/uploads/2023/09/2023_09_10STPg015-Comment-ver1.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{brunettendgn413spsted10092301stp015commentver1, author = {Brunette}, title = {{GN413sp\_STED10\_09\_23\_01STp015\_Comment\_ver,1}}, publisher = {Public Affairs Research Institute}, url = {https://pari.org.za/wp-content/uploads/2023/09/2023_09_10STPg015-Comment-ver1.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }