Public Procurement Bill 2023 Submission of Public Comment

The Joint Strategic Resource (JSR), a group of experts coordinated by the Public Affairs Research Institute (PARI), submitted public comment on the Public Procurement Bill 2023. The JSR argues that the Bill continues to follow an 'administrative paradigm' focused on rigid compliance and expenditure control, rather than a 'strategic contracting paradigm' that would allow for flexibility, professional expertise, and better service delivery outcomes.

• The JSR advocates for a shift from an 'administrative paradigm' to a 'strategic procurement paradigm'. The administrative approach is described as focusing on 'compliance rather than on procurement outcomes' and relying on 'rigid rule-bound public procurement processes' for basic goods, which the JSR claims has 'disempowered technical and operational professionals in the state'.
• The JSR defines a strategic procurement paradigm through three core elements: allowing accounting officers to develop implementation frameworks suited to their specific environments, linking procurement as a strategic function to service delivery, and giving professionals the flexibility to tailor purchasing strategies to specific requirements.
• The JSR identifies potential constitutional non-compliance with section 217 of the Constitution, specifically citing a lack of clarity regarding whether procuring institutions or the National Treasury are the 'first mover' in setting policies. They argue the Bill fails to clearly define the 'public procurement system' and lacks a detailed substantive policy for a 'preferential procurement framework'.
• The Bill is criticized for poor statutory alignment with the existing financial management framework, specifically the PFMA and MFMA. The JSR contends that the Bill incorrectly places control over procurement policy in the hands of the National Treasury rather than the accounting officer/authority of an organ of state.
• The JSR warns that the Bill's reliance on binding instructions from the Public Procurement Office (PPO) and provincial treasuries, rather than statutory provisions, undermines the goal of creating a 'single, coherent regulatory framework' and adds to the 'confusing detail and diversity of “law”'.
• The JSR expresses concern over section 26 of the Bill, which some civil society organisations view as a 'secrecy clause'. They argue that a secrecy regime is unlikely to pass constitutional muster and suggest the clause be revised to ensure it does not substitute or derogate from existing information rights.

APA

Public Affairs Research Institute (2023). Public Procurement Bill 2023 Submission of Public Comment. https://pari.org.za/wp-content/uploads/2023/09/JSR-Submission-on-the-Public-Procurement-Bill37.pdf

Chicago

Public Affairs Research Institute. Public Procurement Bill 2023 Submission of Public Comment. 2023. https://pari.org.za/wp-content/uploads/2023/09/JSR-Submission-on-the-Public-Procurement-Bill37.pdf.

Wikipedia

{{cite press release |author=Public Affairs Research Institute |title=Public Procurement Bill 2023 Submission of Public Comment |date=11 September 2023 |url=https://pari.org.za/wp-content/uploads/2023/09/JSR-Submission-on-the-Public-Procurement-Bill37.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{publicaffairsresearchinstitute2023public, author = {{Public Affairs Research Institute}}, title = {{Public Procurement Bill 2023 Submission of Public Comment}}, publisher = {Public Affairs Research Institute}, year = {2023}, month = sep, url = {https://pari.org.za/wp-content/uploads/2023/09/JSR-Submission-on-the-Public-Procurement-Bill37.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }