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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.
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Document type: Statement
Public Procurement Bill 2023 Submission of Public Comment
PARI argues that the Public Procurement Bill 2023 misinterprets Section 217 of the Constitution, particularly regarding preferential procurement, and risks legal instability by deferring too much substance to unpublished subordinate instruments. The submission proposes specific rewrites to Section 17 to ensure a mandatory national legislative framework for economic development and local content. It further recommends strengthening whistleblower protections, expanding automatic exclusions for political office-bearers, and clarifying access and disclosure clauses to prevent the Bill from becoming a 'secrecy clause'.
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Document type: Statement
Statement on the Public Procurement Bill 2023
The Procurement Reform Working Group (PRWG) supports the introduction of the Public Procurement Bill 2023 as a means to simplify South Africa's fragmented procurement legal framework, which currently consists of over 100 pieces of legislation. However, the PRWG argues that the Bill fails to provide clear definitions for 'preferential procurement' and 'public procurement' and grants excessive law-making power to the National Treasury and the Public Procurement Office. The group advocates for the Bill to contain concrete core rules and principles—including open contracting and proactive transparency—rather than relying on subordinate legislation, to ensure the system is fair, equitable, transparent, competitive, and cost-effective.
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Document type: Statement
Public Administration and Management Amendment Bill 2023 Submission of Public Comment
A joint submission by PARI, PSAM, TEI, and Corruption Watch regarding the Public Administration and Management Amendment Bill 2023, focusing on strengthening prohibitions against public sector employees conducting business with the state and improving financial disclosure and remuneration standards in South Africa.
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Document type: Statement
Improving Local Enabling Conditions for Private Sector Climate Investments in Cities
The report identifies barriers to private urban climate investments across macro, city, and project levels, while highlighting success factors such as supportive regulatory frameworks and transparent working practices. It provides targeted recommendations for city governments, national governments, international finance institutions, and private/third sector partners to enhance project preparation, risk mitigation, and capacity development to enable bankable climate investments in emerging economies.
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Document type: Report
DEVELOPMENT PATHWAYS FOR THE DRC TO 2050
The document describes governance in the DR Congo as being dominated by rent-seeking elites and systemic corruption, particularly within the extractive industries. It highlights the failure of decentralisation efforts, where the central government in Kinshasa maintains control by withholding funds from provinces. Despite recent commitments from the presidency to combat corruption through the creation of the Agence de prévention et de lutte contre la corruption (APLC), the report notes that the country remains an 'anocracy' with a significant gap between nominal electoral practices and substantive liberal democracy.
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Document type: Report
A Strategic Public Procurement Paradigm for South Africa
The paper critiques South Africa's current administrative procurement system as being too rigid for complex projects and prone to corruption. It proposes a strategic approach that empowers accounting officers, integrates specialist technical functions, and shifts integrity oversight from restrictive rules to stronger enforcement and transparency mechanisms.
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Document type: Research paper
Submission on the draft Public Service Regulations (GG No. 48104 dated 24 February 2023)
The submission argues that several proposed amendments to the Public Service Regulations undermine accountability and the fight against corruption. Key objections include the withdrawal of prohibitions on public servants doing business with the state and the removal of reporting obligations for executive authorities. The authors propose strengthening oversight by requiring the publication of organizational structures and human resource plans on department websites, increasing prohibition periods for employees dismissed for misconduct, and ensuring the Auditor-General is notified of law enforcement referrals.
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Document type: Statement
Guaranteeing the access to healthy and sustainable food for present and future generations
The report asserts that access to healthy and sustainable food is a fundamental human right embedded within the right to a healthy environment. It highlights that while food availability in the EU is currently stable, intensive agri-food models, biodiversity loss, and climate change threaten future food security. The authors argue that the EU has a legal responsibility to protect this right through its legislative frameworks, specifically recommending that the proposed Legislative Framework for Sustainable Food Systems (FSFS) adopt a rights-based approach, phase out harmful subsidies, and ensure public procurement of sustainable food.
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Document type: Report
Legal Considerations When Using the CO2 Performance Ladder in Public Procurement
The CO2 Performance Ladder (CO2PL) is a carbon management system and procurement tool used by over 200 public contracting authorities in the Netherlands and Belgium to reward companies that reduce carbon emissions. It operates as a voluntary award criterion under the EU Procurement Directive, providing bidders with a 'fictitious discount' or bonus points based on their performance level (1 to 5). Compliance is verified by accredited third parties through either organization-wide CO2 Awareness Certificates or project-level statements. To ensure legal compliance with EU law, contracting authorities must accept equivalent means of proof and link the criteria to the subject matter of the contract. Non-compliance after winning a tender typically results in financial penalties exceeding the initial award advantage.
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Document type: Fact sheet
STATE CAPTURE COMMISSION RECOMMENDATIONS IMPLEMENTING CONFERENCE REPORT
The report details a conference focused on the slow implementation of the Zondo Commission's recommendations. Key discussions highlighted failures in parliamentary oversight, the need for a dedicated anti-corruption agency for public procurement, and the structural flaws of state-owned enterprises. It emphasizes that while the Presidency claims progress in legislative reform and criminal investigations, civil society and legal experts argue that systemic corruption requires a broader approach beyond mere prosecution, including incentivised whistleblowing and a fundamental shift in political culture.
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Document type: Report
Supply Chain Traceability: Looking Beyond Greenhouse Gases
The briefing highlights the risks associated with treating critical minerals as undifferentiated commodities, noting that a lack of transparency hides environmental and social costs. It advocates for a paradigm shift toward commodity differentiation through product-level standards, tracking technology, and regulatory tightening to ensure the energy transition is just and sustainable.
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Document type: Briefing
THE LOCALISATION OF MEDICAL MANUFACTURING IN AFRICA
The report analyzes the African medical manufacturing landscape, highlighting a heavy reliance on imports (over 70% for health technology) and a concentration of capabilities in North Africa, South Africa, and Nigeria. It identifies critical gaps in Active Pharmaceutical Ingredient (API) production and medical device manufacturing, while noting that vaccine production is limited to four countries. The study argues that localization is a political project requiring a shift from generic-drug business models to more complex technologies, supported by patient capital, innovative public procurement, and the establishment of specialized pharmaceutical parks. It emphasizes the need for regulatory harmonization and the development of local 'notifying bodies' for medical devices to reduce compliance costs.
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Document type: Report
FACT SHEET: NEGOTIATING A SOUTH AFRICAN RENEWABLE ENERGY MASTERPLAN (SAREM)
The Institute for Economic Justice (IEJ) critiques the SAREM draft for lacking definitions of 'decent work', failing to provide a robust framework for monitoring local content compliance, and ignoring the potential for a local recycling industry. The document argues that the current market-led approach risks a 'race to the bottom' on price, which undermines local manufacturing. To counter this, the IEJ recommends aggressive local content requirements (LCRs) of 50% for future public procurement, the use of import tariffs to protect nascent industry, and the provision of low-cost public debt to offset the higher costs of locally produced components. It further advocates for a Technology Transfer System (TTS) to build local technical capacity and the establishment of municipal-level recycling depots for solar PV modules to prevent environmental damage and create jobs.
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Document type: Fact sheet
The Zondo Commission: A bite-sized summary
The Zondo Commission concluded that state capture occurred on an 'extensive scale' in South Africa, characterized by a network of public and private actors who systematically redirected state resources for private gain. The Commission estimated that approximately R57 billion in public funds were 'tainted' by state capture, with the vast majority originating from Eskom and Transnet. Key mechanisms included the manipulation of procurement processes, strategic appointments of complicit officials, and the weakening of law enforcement and oversight bodies. The report recommends the prosecution of high-profile individuals, the recovery of funds, and sweeping institutional reforms to public procurement, SOE appointments, and the electoral system.
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Document type: Briefing
Governing the circular economy
The document identifies key governance challenges for cities implementing circular economy (CE) models, such as administrative silos, lack of holistic visions, and insufficient data for monitoring. It proposes four strategic pillars for urban policymakers: creating shared visions with inclusive strategies, establishing supportive regulatory and financial instruments (particularly circular public procurement), facilitating multi-level collaboration, and utilizing Urban Living Labs to scale innovations from local pilots to city-wide implementation.
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Document type: Policy brief
Why Procurement Matters
The report examines pathways to reduce the carbon footprint of concrete in the Northeastern US, emphasizing the role of government procurement in driving market demand for low-carbon alternatives. It details technical solutions like supplementary cementitious materials (SCMs), the process and cost of carbon reporting via EPDs, and the associated economic and health impacts.
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Document type: Report
Policy priorities for mobilizing investment in Swedish green industrial transitions
The report finds that neither the scale of capital investment nor access to financing are primary obstacles to Sweden's green industrial transition. Instead, the most critical barriers are the lack of market demand for more expensive green products, insufficient infrastructure (particularly renewable electricity), and slow permitting processes. The authors recommend that policymakers focus on market formation through carbon pricing and the EU's Carbon Border Adjustment Mechanism (CBAM), while continuing direct support for R&D and demonstration projects through programs like Industriklivet.
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Document type: Report
The circular economy: towards a new business paradigm with support from public policy
The document argues that the current linear economy, driven by a culture of consumption and planned obsolescence, is unsustainable. It proposes a circular economy based on a systemic approach to maintain resource flows through regeneration and value retention. The authors emphasize that 100% circularity is physically impossible due to thermodynamics, but an optimum can be reached through a design mindset focused on extended life cycles and 'R' activities like remanufacturing and repair. Key barriers identified include outdated waste legislation, intellectual property laws, and consumer norms favoring ownership over access. The paper advocates for the use of public procurement as a lever to create markets for circular business models, such as functional sales where users pay for performance rather than product ownership.
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Document type: Research paper
Making governance better for fair and sustainable consumption
The paper examines the limitations of 'green growth' and absolute decoupling, highlighting how rebound effects and problem shifting hinder environmental progress. It advocates for a transition to 'strong sustainable consumption governance' that combines technological efficiency with modal shifts and absolute reductions in high-impact consumption. The authors emphasize the need to measure consumption-based emissions—which often occur outside the borders of high-income countries—and to reconcile ecological limits with social aspirations to ensure a fair distribution of resources.
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Document type: Research paper