PUBLIC PROCUREMENT & HUMAN RIGHTS IN SOUTH AFRICA

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Presentation transcript:

PUBLIC PROCUREMENT & HUMAN RIGHTS IN SOUTH AFRICA PROF GEO QUINOT DIRECTOR , APLU DEPARTMENT OF PUBLIC LAW, STELLENBOSCH UNIVERSITY gquinot@sun.ac.za

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 217 Procurement (1) When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective. (2) Subsection (1) does not prevent the organs of state or institutions referred to in that subsection from implementing a procurement policy providing for- (a) categories of preference in the allocation of contracts; and (b) the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination. (3) National legislation must prescribe a framework within which the policy referred to in subsection (2) must be implemented

Preferential Procurement Policy Framework Act of 2000

Preferential Procurement, Enterprise Development Broad-based Black Economic Empowerment status level Ownership, Management Control, Employment Equity, Skills Development, Preferential Procurement, Enterprise Development Socio-Economic Development and Sector Specific Contributions.

Preferential Procurement Regulations, 2017 Pre-qualification: set-asides B-BBEE status level QSE/EME (= SMMEs) Subcontracting to QSE/EME min 51% black ownership, youth, women, disabilities, rural areas, underdeveloped areas, townships, military veterans Discretionary

Award: Price (80/90 points) + Preference (20/10 points) Preferential procurement Award: Price (80/90 points) + Preference (20/10 points) BBBEE Status Level Points 80/20 Points 90/10 1 20 10 2 18 9 3 14 6 4 12 5 8 7 none

Preferential Procurement Regulations, 2017 Mandatory subcontracting: 30% to small business which is at least 51% owned by black people; black people who are youth; by black people who are women; by black people with disabilities; by black people living in rural or underdeveloped areas or townships; black people who are military veterans; or a cooperative which is at least 51 % owned by black people; or more than one of the categories

www.africanprocurementlaw.org THANK YOU GEO QUINOT gquinot@sun.ac.za