The Public Procurement Bill needs an enforcement strategy

The authors contend that while the Public Procurement Bill seeks to create a coherent legal framework and expand preferential procurement for disadvantaged groups, it lacks a robust enforcement mechanism. They propose that the Bill should allow whistle-blowers to bring civil claims for the recovery of damages caused by procurement fraud and corruption, rewarding them with a percentage of the recovered funds. This is framed as a necessary measure given the struggling state of South Africa's criminal justice system and declining figures in corruption-related freezing orders.

• The Public Procurement Bill aims to establish a single, coherent legal framework for South Africa's procurement regime, including the creation of a Public Procurement Regulator within the National Treasury and the formalisation of geographical set asides for contracts in specific provinces, municipalities, and underdeveloped areas.
• Public procurement in South Africa is a critical economic driver, with a 2018 budget of approximately R926-billion, representing about one-fifth of the country's gross domestic product.
• The authors argue the Bill fails to provide a credible enforcement strategy and suggest it should be amended to allow whistle-blowers to bring civil claims for damages resulting from corruption and fraud, with a reward based on a percentage of the damages won.
• Data from the National Director of Public Prosecutions for the 2019 financial year shows 210 government officials were convicted of corruption, and while civil recoveries reached R2.8-billion, freezing orders dropped from R4.4-billion in 2018 to R262-million in 2019.

APA

Brunette, R., & Klaaren, J. (2020). The Public Procurement Bill needs an enforcement strategy. Public Affairs Research Institute. https://pari.org.za/the-public-procurement-bill-needs-an-enforcement-strategy/

Chicago

Brunette, Ryan, and Jonathan Klaaren. The Public Procurement Bill needs an enforcement strategy. Public Affairs Research Institute, 2020. https://pari.org.za/the-public-procurement-bill-needs-an-enforcement-strategy/.

Wikipedia

{{cite press release |last1=Brunette |first1=Ryan |last2=Klaaren |first2=Jonathan |title=The Public Procurement Bill needs an enforcement strategy |publisher=Public Affairs Research Institute |date=5 March 2020 |url=https://pari.org.za/the-public-procurement-bill-needs-an-enforcement-strategy/ |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{brunette2020public, author = {Brunette, Ryan and Klaaren, Jonathan}, title = {{The Public Procurement Bill needs an enforcement strategy}}, publisher = {Public Affairs Research Institute}, year = {2020}, month = mar, url = {https://pari.org.za/the-public-procurement-bill-needs-an-enforcement-strategy/}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }