GN413sp_STED10_09_23_01STp015_Comment_ver,1

The Public Affairs Research Institute provides a critique of the proposed Public Procurement Bill in South Africa, arguing that it fails to establish the legal framework required by Section 217 of the constitution to guide preferential procurement policies and prevent abuse.

• The author contends that the Public Procurement Bill does not meet the constitutional requirement of Section 217, which mandates that national legislation must prescribe a "framework" for implementing policies that protect and advance those disadvantaged by discrimination.
• The author argues that Clause 17 of the bill provides overly broad, open-ended powers to procuring institutions without sufficient guardrails, which could lead to corruption and legal uncertainty.
• The bill suggests that procurement policies should promote various groups, including citizens, permanent residents, black people, women, youth, people with disabilities, small enterprises, and those based in rural areas, townships, or specific provinces and municipalities, using methods such as preference points, set-asides, or subcontracting conditions.
• To resolve these issues and avoid constitutional challenges, the author suggests the bill should explicitly instruct the minister of finance, Enoch Godongwana, to elaborate a detailed framework.

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} }