Public Procurement Bill 2023 Submission of Public Comment

The Joint Strategic Resource (JSR) submits that the Public Procurement Bill 2023 remains rooted in an 'administrative paradigm' that prioritizes rigid compliance over procurement outcomes. The JSR argues that the Bill fails to clearly define the 'public procurement system' or the authority for preferential procurement policy, potentially violating section 217 of the Constitution. They advocate for a 'strategic procurement paradigm' that grants accounting officers more flexibility to tailor purchasing strategies to specific project needs and suggests that the Bill should embed clear procurement principles at the statutory level rather than relying on National Treasury instructions.

• The JSR distinguishes between an 'administrative paradigm' of procurement, which focuses on rigid rule-bound processes and compliance for basic goods, and a 'strategic procurement paradigm' designed for complex purchases and projects.
• The Public Procurement Bill 2023 may not comply with section 217 of the Constitution due to a lack of clarity regarding whether the 'public procurement system' is developed by procuring institutions or the National Treasury.
• The Bill fails to clearly locate the authority for creating preferential procurement policies, which the JSR warns could lead to court challenges similar to those that invalidated the 2017 Preferential Procurement Regulations.
• The Bill is criticized for poor alignment with the existing financial management framework, specifically by allowing National Treasury to determine procurement methods rather than the accounting officer or authority as envisaged in the PFMA and MFMA.
• The JSR argues that the Bill relies too heavily on administrative instruments and binding instructions from the Public Procurement Office (PPO) and provincial treasuries, which undermines the goal of a single, coherent regulatory framework.
• The JSR recommends that the Bill adopt the principle of open contracting to combat corruption and suggests revising section 26, which some civil society organizations view as a 'secrecy clause'.

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} }