Public Procurement Bill 2023 Submission of Public Comment to the National Council of Provinces

The Public Affairs Research Institute (PARI) submitted comments to the National Council of Provinces regarding the Public Procurement Bill 2023, arguing that the Bill fails to resolve existing legislative fragmentation and introduces new ambiguities, particularly concerning preferential procurement.

• The Bill creates a fragmented regulatory architecture by splitting the 'single framework' into two distinct frameworks: the 's25 framework' for general procurement systems and the 's16 framework' for preferential procurement policies. This separation replicates existing incoherence between preferential and wider procurement law.
• PARI suggests the Bill may be unconstitutional because Chapter 4 prioritizes set-asides and prequalifications over open competition and fails to mention price as an adjudication criterion, potentially violating the s217(1) constitutional principles of fairness, equitability, transparency, competitiveness, and cost-effectiveness.
• The Bill's use of 'set-aside' and 'prequalification' is criticized for departing from standard procurement terminology and creating operational risks. Specifically, s18(1) requirements for prequalification may lead to the disqualification of capable bidders if procuring institutions lack the capacity to conduct required market research.
• The Bill is noted to marginalize the B-BBEE Act by omitting goals such as management control, employment equity, skills development, and socio-economic development, which could threaten the livelihoods of broad-based beneficiaries.
• PARI proposes that the Public Procurement Office (PPO) and provincial treasuries be granted the power to review procurement policies and systems that do not comply with the Act, a power that was previously removed by the OCPO and Standing Committee.
• The submission recommends enhancing integrity and transparency by facilitating the publication of names of 'automatically excluded persons' and their related parties who contract with the state, aligning the Bill with the Financial Intelligence Centre Act (FICA).
• PARI argues for the inclusion of incentivized whistleblowing specifically within the Bill, noting that the Protected Disclosures Act is insufficient as it only applies to employees, whereas procurement whistleblowers are often external parties.

APA

Public Affairs Research Institute (2024). Public Procurement Bill 2023 Submission of Public Comment to the National Council of Provinces. https://pari.org.za/wp-content/uploads/2024/04/PARI_SubmissionNCOP_PublicProcurementBill_22Feb24_v1.pdf

Chicago

Public Affairs Research Institute. Public Procurement Bill 2023 Submission of Public Comment to the National Council of Provinces. 2024. https://pari.org.za/wp-content/uploads/2024/04/PARI_SubmissionNCOP_PublicProcurementBill_22Feb24_v1.pdf.

Wikipedia

{{cite press release |author=Public Affairs Research Institute |title=Public Procurement Bill 2023 Submission of Public Comment to the National Council of Provinces |date=22 February 2024 |url=https://pari.org.za/wp-content/uploads/2024/04/PARI_SubmissionNCOP_PublicProcurementBill_22Feb24_v1.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{publicaffairsresearchinstitute2024public, author = {{Public Affairs Research Institute}}, title = {{Public Procurement Bill 2023 Submission of Public Comment to the National Council of Provinces}}, publisher = {Public Affairs Research Institute}, year = {2024}, month = feb, url = {https://pari.org.za/wp-content/uploads/2024/04/PARI_SubmissionNCOP_PublicProcurementBill_22Feb24_v1.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }