Public Procurement Regulation for 21st Century Africa

Edited by Sope Williams-Elegbe and Geo QuinotCover add

Juta & Co (2018)

Public procurement law governs the acquisition of the goods and services that a state needs to fulfil its public functions. This area of law has seen tremendous development globally in recent years, and Africa is no exception.

In many African countries there have been sweeping reforms in the regulatory regimes that govern public procurement. This trend shows no signs of slowing down.

On the African continent, public procurement law is closely tied to pressing policy issues: from development plans to donor aid and international lending, to anti-corruption agendas and capacity challenges, to public finance management, enforceable remedies under the rule of law, and human rights. This book investigates a number of these themes to foster an understanding of public procurement law in the context of contemporary Africa.

The authors of this collection, Public Procurement Regulation for 21st Century Africa, draw on their varied experience from scholarship, government, international bodies, NGOs and private practice to provide a range of perspectives that shed light on this vital field of law.

Contents Include:

  • Foreword: Public procurement regulation suited for 21st century Africa: Reform, governance and innovation – Advocate Kevin S Malunga, Deputy Public Protector of the Republic, South Africa
  • Table of Cases
  • Table of Statutes
  • Table of Abbreviations
  • The new challenges and opportunities for public procurement regulation in Africa – Geo Quinot & Sope Williams-Elegbe
  • Public procurement law in Africa within a developmental framework – Geo Quinot
  • Development aid procurement and the UNGPs on Business and Human Rights: Challenges and opportunities to move towards the new frontier of ‘buying justice’ – Annamaria La Chimia 
  • Economic and legal perspectives on the use of horizontal public procurement policies to drive industrial development and economic transformation in South Africa – Tebogo Makube 
  • Corruption, fraud and African procurement – Moustapha Diallo
  • The use of civil activism in combating corruption in public procurement: A South African perspective – Stephen de la Harpe
  • Curbing corruption in Africa through the African Integrity Fund: A case study of firms sanctioned – the African Development Bank – Sanjeev Narrainen
  • Self-cleaning in public procurement in Africa: Lessons from the European Union – Willard T Mugadza
  • Weaponising transparency: Nigerian defence procurement reform as a counterterrorism strategy – Eva Anderson, Matthew T Page & Tom Keatinge
  • Electronic procurement in Africa – Caroline Nicholas
  • Construction procurement in South Africa: Capacity for procurement law or procurement law for capacity? – Allison Anthony
  • The standstill period in South African public procurement – Justin Laing
  • Supplier remedies under Namibia’s Public Procurement Act 15 of 2015 – Ester N Kuugongelwa
  • The public procurement complaint and administrative review mechanism in Ghana – Dominic N Dagbanja
  • Bidder and contractor remedies in procurements funded – the multilateral development banks: The case of the World Bank – Sope Williams-Elegbe
  • Bibliography of Research on Public Procurement Regulation in Africa

Of Interest and Benefit to:

  • Judges
  • Advocates
  • Attorneys
  • State advisers
  • Academics

Key Benefits:

  • Provides detailed analysis from both academic and practical perspectives on key challenges in regulating public procurement in the African context.
  • The analyses are specifically grounded in the African context, making it one of the very few texts dealing with public procurement law from an African perspective.
  • Addresses key issues including corruption in public procurement, electronic public procurement, procurement and development, procurement law reform and procurement capacity issues.

The book is available from Juta at the following link.

Read a recent review of the book here. 

Public Procurement and Multilateral Development Banks

By Sope Williams-Elegbe

Hart Publishing (2017)

Sope 2017 Book cover

The multilateral development banks cumulatively channel billions of dollars annually in development assistance to Borrower countries. This finance is usually spent through processes that incorporate the public procurement regulations of the banks. It is in fact, often a condition of this finance that the funds must be spent using the procurement regulations of the lender institution. This book examines the issues and challenges raised by procurement regulation in the multilateral development banks. The book examines the history of procurement regulation in the banks; the tripartite relationship created between the banks, Borrowers and contractors in funded procurements; the procurement documents and procurement cycle; as well as how the banks ensure competition and value for money in funded procurements. The book also examines the banks’ approach to sustainability concerns in public procurement such as environmental, social or industrial concerns; as well as how the banks address the issue of corruption and fraud in funded contracts. Another issue that is addressed by this book is how the banks have implemented the aid effectiveness agenda. It will be seen that the development banks have undertaken steps to harmonise their policies and practices, increased Borrower procurement capacity, taken steps to
reduce the tying of aid, and play an important role in the reform of Borrower procurement systems, all in an effort to improve the effectiveness of development finance. The book also considers the contractual and other remedies that are available to parties that may be aggrieved as a result of a funded procurement. The book analyses, compares and contrasts the legal, practical and institutional approaches to procurement regulation in the World Bank, the Inter-American Development Bank, the African Development Bank, the Asian Deelopment Bank and the European Bank for
Reconstruction and Development.

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Public Procurement Regulation in Africa

Edited by: Geo Quinot & Sue Arrowsmith

Cambridge University Press (2013)

African Procurement Book Cover Public procurement regulation in Africa is not widely researched. To address the shortage of scholarship in this area and to promote future research, this book analyses the law governing public procurement in a number of African systems and looks at key themes relevant to all African states. Part I discusses the regulatory regimes of nine African systems using a common framework, providing both a focused view of these African systems and an accessible comparative perspective. In Part II, key regulatory issues in public procurement that are particularly relevant in the African context are assessed through a comparative approach. The chapters consider the influence of international regulatory regimes (particularly the UNCITRAL Model Law on procurement) on African systems and provide insights into the way public procurement regulation is approached in Africa.

More information: For those in sub-Subharan Africa>> OR outside sub-Saharan Africa>>

Fighting Corruption in Public Procurement

A Comparative Analysis of Disqualification or Debarment Measures

By: Sope Williams-Elegbe

Hart Publishing (2012)

Sope Corruption Book CoverAnti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts.

This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.

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The Law of Public Procurement in Ghana

By: Dominic N Dagbanja

Lap Lambert Academic Publishing (2011)

Dagbanja Book coverSince the enactment of The Public Procurement Act, 2003 (Act 663) of Ghana, scholarly analyses and evaluations of its contents, institutional mechanisms and underlying policy objectives are lacking. An implication of this dearth of scholarly inquiry is that indigenous bases for assessing the procurement system for its effective implementation and reforms are limited. Similarly, in light of the fundamental importance of procurement regulation for public financial administration, it is crucial that compact and handy information on the system be readily available to parties and stakeholders in procurement. This seminal book, the first of its kind in Ghana and one of such few works in Africa, outlines and discusses the institutional and legal features of the public procurement system in Ghana. By critically interpreting, evaluating and explaining the law, the book provides comprehensively relevant information for all engaged in procurement in Ghana. Thus, government agencies, procurement officers, anti-corruption institutions, policy-makers, scholars, students, judges and lawyers in Ghana, Africa and beyond will find this book most invaluable for practice and comparative studies.

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State Commercial Activity: A Legal Framework

By: Geo Quinot

Juta (2009)

State Commercial Activity – A Legal Framework analyses the state’s conduct as a market participant from a legal perspective. CoverIt focuses on the judicial control of such state conduct and puts forward a legal framework in terms of which to understand state commercial activity, including public procurement.

The book focuses on South African law, but includes comparative perspectives from English, German and French law.

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The Law of Government Procurement in South Africa

By: Phoebe Bolton

LexisNexis (2007)

The Law of Government Procurement in South Africa is the very first comprehensive analysis of this topic. Phoebe Book CoverIt systematically covers the entire field of law applicable to government procurement and examines the scope and effect of the current procurement legislation in the light of existing case law and commentary.

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