pari_publicprocurementbill_2023_submission-d13e4632944e17ad.pdf

The Public Affairs Research Institute (PARI) submitted a formal comment on the Public Procurement Bill 2023, arguing that while reforms are urgent, the current text contains significant constitutional hazards, excessive reliance on subordinate legislation, and gaps in transparency and integrity provisions.

• PARI argues that section 17 of the Public Procurement Bill 2023 is constitutionally flawed because it misinterprets section 217 of the Constitution. Specifically, the Bill's use of the word "when" in s17(1) implies that the prescriptive requirements for preferential procurement only apply when such a policy is being implemented, rather than being a mandatory framework for all procurement.
• The Bill is criticized for failing to clearly assign responsibility for the formulation of procurement policy. PARI notes inconsistencies between the roles of the Public Procurement Office, procuring institutions, and the Minister, which could lead to legal challenges similar to those that invalidated the Preferential Procurement Regulations, 2017.
• PARI contends that the Bill relies excessively on subordinate legislation (regulations, instructions, and prohibitions), which risks bypassing the procedural rigors of parliamentary scrutiny and the participatory requirements of the National Economic Development and Labour Council (NEDLAC) Act.
• The document warns that the proliferation of overlapping subordinate instruments issued by different authorities (Minister, Public Procurement Office, provincial treasuries, and procuring institutions) may create legal fragmentation, incoherence, and increased operational costs.
• PARI suggests expanding the list of automatically excluded persons from procurement to include political party office-bearers and employees of legislatures to reduce the risk of self-dealing and corruption.
• The submission expresses concern that section 26 (the "access clause") has been modified in a way that makes it appear as a "secrecy clause." PARI argues that the vague language and the power given to the Public Procurement Office to constrain access could be used to deny rights to information.
• PARI recommends that the Minister of Finance be empowered to create specific regulations for the protection and promotion of whistleblowers within the procurement sector, noting that general protections under the Protected Disclosures Act may be insufficient.

APA

Public Affairs Research Institute (n.d.). pari_publicprocurementbill_2023_submission-d13e4632944e17ad.pdf. https://pari.org.za/wp-content/uploads/2023/09/PARI_PublicProcurementBill_2023_Submission.pdf

Chicago

Public Affairs Research Institute. pari_publicprocurementbill_2023_submission-d13e4632944e17ad.pdf. n.d. https://pari.org.za/wp-content/uploads/2023/09/PARI_PublicProcurementBill_2023_Submission.pdf.

Wikipedia

{{cite press release |author=Public Affairs Research Institute |title=pari_publicprocurementbill_2023_submission-d13e4632944e17ad.pdf |url=https://pari.org.za/wp-content/uploads/2023/09/PARI_PublicProcurementBill_2023_Submission.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{publicaffairsresearchinstitutendparipublicprocurementbill2023submissiond13e4632944e17adpdf, author = {{Public Affairs Research Institute}}, title = {{pari\_publicprocurementbill\_2023\_submission-d13e4632944e17ad.pdf}}, publisher = {Public Affairs Research Institute}, url = {https://pari.org.za/wp-content/uploads/2023/09/PARI_PublicProcurementBill_2023_Submission.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }