Sarah Burford’s Post

President Cyril Ramaphosa has signed into law legislation that aims to create a single framework that regulates public procurement, including preferential procurement, by all organs of state, with the necessary efficiency, cost-effectiveness and integrity. Click to read more https://bit.ly/4cKbfWx. On a related note, catch Prof. Geo Quinot, Director at the African Procurement Law Unit at the upcoming Smart Procurement World Indaba this September. He will present on the Impact of the Procurement Bill, discussing anticipated implementation challenges, compliance gaps, and a phased approach for continuous improvement. Prof. Quinot will discuss how we position Procurement to navigate the changes in the SCM environment. Learn more and register: http://spw.uxi.re/4-Y2K. #PublicProcurement #ProcurementLaw #PublicSector

President Cyril Ramaphosa has signed into law legislation that aims to create a single framework that regulates public procurement, including preferential procurement, by all organs of state, with the necessary efficiency, cost-effectiveness and integrity. #Legislation #PublicProcurement #PreferentialProcurement

According to the organizers, this year’s 18th annual Smart Procurement World Indaba, which takes place in Gauteng from 9 to 12 September 2024, is one of the most important ever. It comes hot on the heels of the signing into law of the Public Procurement Bill by President Cyril Ramaphosa. Around 600 procurement professionals are expected to attend the event to learn, network, and explore issues that include this long-awaited legislation. Smart Procurement #SmartProcurementWorldIndaba #AfricanProcurementLawUnit  #GeoQuinot #procurementlaw #PublicProcurementAct #PresidentCyril Ramaphosa #network #mediaxpose #mediapartnership #sabusinessintegrator

According to the organizers, this year’s 18th annual Smart Procurement World Indaba, which takes place in Gauteng from 9 to 12 September 2024, is one of the most important ever. It comes hot on the heels of the signing into law of the Public Procurement Bill by President Cyril Ramaphosa. Around 600 procurement professionals are expected to attend the event to learn, network, and explore issues that include this long-awaited legislation. Smart Procurement #SmartProcurementWorldIndaba #AfricanProcurementLawUnit  #GeoQuinot #procurementlaw #PublicProcurementAct #PresidentCyril Ramaphosa #network #mediaxpose #mediapartnership #saprofile

President Cyril Ramaphosa has enacted the new Public Procurement Act to close loopholes in the procurement system. This bold move aims to streamline processes, boost transparency, and fight corruption in public procurement. I would love to hear your comments on this. #PublicProcurement #Legislation #Transparency #AntiCorruption #EconomicGrowth #SouthAfrica #Ramaphosa #ProcurementReform #EconomicParticipation

On 23 July 2024, President Cyril Ramaphosa signed the Public Procurement Act 28 of 2024 (“the Act”) into law, fulfilling the constitutional mandates of sections 195, 216, and 217. The Act aims to transform South Africa’s public procurement landscape by consolidating and streamlining the procurement system under one comprehensive piece of legislation. It modernises procurement practices to promote accessibility while enhancing accountability and transparency within procurement institutions, which have previously been plagued by high levels of corruption and mismanagement. This legislative change follows public and civil society calls for procurement reform, notably highlighted in the Zondo Commission’s report, which detailed various procurement shortcomings and provided recommendations for improvement in South Africa’s procurement practices. Jessica-Robyn Jaftha goes into more detail in her latest article: https://lnkd.in/d_JthPQR #publicprocurementact #southafricanpolitics #southafricanlaw

#CDHAlert | 'New Dawn' for Public Procurement in South Africa: the Public Procurement Act signed into law. Following its adoption by the National Assembly on 16 May 2024, President Cyril Ramaphosa on 23 July 2023, assented to signed into law the Public Procurement Act 28 of 2024. The Public Procurement Act seeks to create a single framework that regulates public procurement, including preferential procurement, by all organs of state, with the necessary efficiency, cost-effectiveness, and integrity and enhance transparency and integrity, among others, to combat corruption, ensure efficient, effective and economic use of public resources and advance transformation and broadened economic participation. Earlier this year, the Dispute Resolution practice team compiled a publication where they unpacked the Procurement Bill. The publication includes five articles, each dealing with an aspect or chapter of the Procurement Bill in greater detail. First, Jackwell Feris and Kelo Seleka explore the provisions in the Procurement Bill that relate to public-private partnerships (PPPs) and, in particular, proposed amendments to the regulations dealing with PPPs. Their article is titled “Unlocking South Africa’s infrastructure development and investment opportunities: Amendments to the PPP regulations.“ Second, Imraan Abdullah and Kelo Seleka look at the extensive preferential procurement framework that the Procurement Bill intends to introduce in “The soon to be ‘new’ preferential procurement framework”. Third, in “The establishment of the Public Procurement Tribunal”, Tiffany Gray, Vincent Manko, Nomlayo Mabhena-Mlilo, and Mukelwe Mthembu discuss the introduction of a new dispute resolution mechanism into matters of public procurement and why this addition will be significant. Fourth, Vincent Manko and Nomlayo Mabhena-Mlilo discuss the notion of procurement integrity in the Procurement Bill and how it features within the general procurement requirements. Their article is titled “Procurement integrity and general procurement requirements”. Finally, Corne Lewis, Tendai Banda Jangara, and Lerato Motlhabi, CFE explain what the Public Procurement Office is and provide an overview of its functions and powers under the Procurement Bill. Their article is titled “What is the Public Procurement Office? Its functions and investigation and prosecutorial powers”. Click here to read more about the Public Procurement Bill publication - https://bit.ly/4aluPHc Click here to read more about the Public Procurement Act - https://bit.ly/4fieo1p #PublicProcurementAct #NationalAssembly #Framework #Transparency 

The National Assembly and the National Council of Provinces passed the Public Procurement Bill https://lnkd.in/dF6x4wMz Rodney Africa, Partner, Adriano Esterhuizen, Partner, Daveraj Sauls, Associate, Gift Shezi, Candidate Attorney & Mpho Moki, Candidate Attorney; Webber Wentzel   In a significant step towards reforming South Africa's public procurement landscape, the National Assembly recently passed the Public Procurement Bill [B 18D-2023] (the Bill). In June 2023, the Minister of Finance introduced the Bill that seeks to, amongst others, create a single framework that regulates public procurement (including preferential procurement) by all organs of state. The Bill also promotes the use of technology to make procurement processes more efficient and effective, while enhancing transparency and integrity to combat corruption...

Public procurement rules and Competition laws sometimes overlap. An important approximation of the two sets of rules relates to exclusion of tenderers from public procurements due to anti-competitive behaviour. In 2021, the EC published a “Notice on tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (C (2021) 1631). I wrote an article on the Notice in Competition Law Insight (below). The issue continues to be highly relevant, also in lieu of our proposal for a new Public Procurement Act (NOU 2023:26 and NOU 2024:9), published 16 May 2024: 🔹 How could Contracting Authorities detect unlawful collusion? 🔹 What constitutes sufficiently plausible indications of anti-competitive behaviour leading to a right to exclude the tenderer? 🔹 How should the Contracting Authorities balance the complexity of competition investigations, tenderer's right to protection of fundamental rights and the threshold for exclusion in the Procurement Directives? 🔸 A competition investigation can be highly complex and a rebuttal in the context of the strict procurement deadlines would be unlikely to meet the procedural guarantees given to the defendants in competition investigations.  🔸 A particular tension arises in the case of leniency applicants who are considered for exclusion based on the past collusion. The EC encourages member states to ensure proportionate treatment of such leniency applicants. However, further clarity on the weight of leniency and the application of the discretion when assessing whether leniency is sufficient, would be helpful. #publicprocurement #competitionlaw #eealaw

In this Procurement on Demand insight, Managing Associate Elizabeth Mulley explores conflicts of interest, when they arise, what contracting authorities and suppliers need to know and the reasonable steps in identifying and mitigating conflicts of interest. Watch here: https://bit.ly/3TL4oEb #Procurement