APLU contributes to SmartProcurementWorld Indaba 2018

Quinot presenting at SmartProcurementWorld 2018.

Quinot presenting at SmartProcurementWorld 2018.

Two APLU members, Dr Allison Anthony and Prof Geo Quinot, contributed to the 12th Annual SmartProcurementWorld Indaba held at Gallagher Convention Centre in Midrand, Johannesburg between 17 and 20 September 2018. This annual event attracts more than 500 visitors from all sectors of supply chain management, both in private and public sectors.

Dr Anthony hosted a technical round table in which she analysed a number of recent key judgments in the area of public procurement. These included cases dealing with

  • Strict compliance with tender conditions
    • ABET Inspection Engineering (Pty) Ltd v The Petroleum Oil & Gas Corporation of South Africa
    • Overstrand Municipality v Water & Sanitation Services SA (Pty) Ltd
  • Extension of tender validity period
    • Raubex Construction (Pty) Ltd Road Agency Limpopo SOC
  • Time frame for challenging tender awards
    • Amandla GCF Construction CC v Municipal Manager of Saldanha Bay MunicipalityGallagher Convention Centre.

Prof Quinot made a presentation on the liability of procurement officials in the public sector. He highlighted the different areas of law in terms of which procurement officials can be held liable and discussed the requirements of each. He focused specifically on the new developments around holding administrators accountable for litigation costs where a public tender is challenged and found irregular by a court, as emerged from the High Court judgment in Westwood Insurance Brokers (Pty) Ltd v Ethekwini Municipality and Others (8221/16) [2017] ZAKZDHC 15 (5 April 2017)

Roundtable discussion on Sustainable Public Procurement

Dr. Maximilian Müngersdorff of DIE introduces the MUPASS project.

Dr. Maximilian Müngersdorff of DIE introduces the MUPASS project.

On 29 August 2018, APLU hosted two researchers from the German Development Institute (Deutsches Institut fur Entwicklungspolitik – DIE) in a roundtable discussion on sustainable public procurement at municipal level. The discussion formed part of a research visit to South Africa by DIE researchers, Dr. Maximilian Müngersdorff & Tim Stoffel, as part of the DIE research project: “Municipalities Promoting and Shaping Sustainable Value Creation (MUPASS) – Public Procurement for Fair and Sustainable Production”. The researchers describe their project as follows:

“MUPASS represents an international research and dialogue project, implemented by the German Development Institute / Deutsches Institut für Entwicklungspolitik (DIE) in close collaboration with the Service Agency Communities in One World (SKEW) and the Federal Ministry for Economic Co-Operation and Development (BMZ).

Rationale of the project

Public Procurement (PP) has potentially a high leverage effect to make economic development more inclusive and ecologically sound, if shaped in the right way. Researchers estimate PP to correspond to at least 10% to 20% of Gross Domestic Product in most countries of the world. A large part of PP is implemented by sub-national entities – hence MUPASS focusses on municipalities as actors. Since the 1990s and the drafting of the Local Agenda 21, the great potential of municipal entities for the transformation towards inclusive and sustainable development patterns has been widely recognized. Today, thousands of subnational public authorities across the globe have approved a local sustainability agenda and are implementing related activities.

Research on Sustainable Public Procurement (SPP) across the world indicates that countries and cities share some basic challenges, such as creating a governance framework for effective SPP implementation or applying instruments that allow for easy-to-manage, inexpensive and transparent modes of conformity assessment.”

Tim Stoffel of DIE gives an overview of the SPP map developed under the project.

Tim Stoffel of DIE gives an overview of the SPP map developed under the project.

The project aims to investigate the framework conditions that facilitate successful sustainable public procurement practices in Europe, sub-Saharan Africa and Latin America. The project furthermore intends to assess the impact of sustainable public procurement practices, especially on workers, smallholders and SMEs.

During the roundtable discussion, the researchers presented data from a number of case studies of European cities that have made progress in implementing sustainable public procurement. They also presented a sustainable public procurement map that they are developing based on the data that can assist in mapping the framework conditions for sustainable public procurement implementation.

South African participants ranged from academics across a range of disciplines, government officials (both from provincial and local government level), postgraduate students and people working in the NGO sector. While sustainable public procurement is still in embryonic stage in South Africa, some interesting developments were shared, especially those spearheaded by the Western Cape provincial government. Participants raised the challenges of limited capacity and funding as barriers to pursuit of sustainable public procurement, but also highlighted innovative solutions that are available to overcome these barriers. There was consensus among participants that more sharing of experiences and knowledge of successes in sustainable public procurement practices at municipal level around the world would greatly contribute to facilitating the uptake of such practices. The DIE MUPASS project was accordingly seen as an important initiative that can drive such exchange.

Participants share thoughts on SPP in South African municipalities.

Participants share thoughts on SPP in South African municipalities.

Procurement law training for investigators of the Public Protector’s Office rolled out to the Eastern Cape, Northern Cape and Free State

IMG-20180731-WA0003

Eastern Cape participants.

The project to train investigators of the Office of the Public Protector of South Africa, which started in 2016 as a collaboration between the Konrad Adenaur Foundation, APLU and the Public Protector’s Office continued in 2018. During August, two week-long training workshops were held in East London for the Eastern Cape regional office and in Bloemfontein for the Free State and Northern Cape offices respectively. In additional to the national office in Pretoria, this brings the number of provinces in which training have been done to six. The training will be extended to one more province in 2018 and the remaining two in 2019.

The training continues to be very well received. Participants overwhelmingly indicated that the workshop extended their knowledge in the field of public procurement law and will assist them in investigating procurement-related matters in future. Some of the feedback comments from participants were:

  • Very valuable indeed. Research materials informative and will go a long way in making investigations easier, swift and effective.
    • Northern Cape and Free State participants.Northern Cape and Free State participants.

    Professors are well informed; relevant; professional and well organised … They excel in the field of Public Procurement Law and have provided us with a very scarce, useful, relevant and effective skill to combat and prevent Procurement corruption so as to “unblock the pipe” and take our country forward in strengthening constitutional democracy as PPSA staff.

Deputy Public Protector, Adv Kevin Malunga (left) and APLU's Prof Sope Williams-Elegbe (right) hand out certificates.

Deputy Public Protector, Adv Kevin Malunga (left) and APLU’s Prof Sope Williams-Elegbe (right) hand out certificates.

Quinot speaks at 5th Annual SmartProcurementWorld Western Cape

IMG-20180530-WA0003On 15 May 2018, APLU Director, Prof Geo Quinot, delivered a keynote address during the plenary session of the 5th Annual SmartProcurementWorld Western Cape event. The address was entitled “Improvements to the Preferential Public Procurement Act (Regulations of 2017)” and focused on the new legal mechanisms to pursue preferential procurement in South African public procurement introduced by the Preferential Procurement Regulations, 2017.

More information on this event can be found at http://www.smartprocurementworld.com/westerncape.

 

2018 PUBLIC PROCUREMENT LAW SYMPOSIUM

On 9 May 2018, APLU hosted its annual Public Procurement Law Symposium.

Speakers at the 2018 APLU Procurement Law Symposium (from left): Peter Volmink, Annamaria la Chimia, Sope Williams-Elegbe and Geo Quinot

Speakers at the 2018 APLU Procurement Law Symposium (from left): Peter Volmink, Annamaria la Chimia, Sope Williams-Elegbe and Geo Quinot

The guest speakers were Annamaria la Chimia of the University of Nottingham and Peter Volmink of Transnet SOC.

Associate Professor La Chimia spoke on “Development Aid Procurement & the UNGPs on Business & Human Rights: challenges and opportunities to move forward ‘the new frontier of BUYING JUSTICE’.”

Mr Volmink’s contribution was entitled  “Breach of SOC board members’ fiduciary duties in the context of public procurement”.

APLU co-director, Sope Williams-Elegbe, and director, Geo Quinot, also made presentations. Prof Williams-Elegbe’s dealt with “Public Procurement contracts as smart contracts: challenges and opportunities”, while Prof Quinot’s presentation focused on “Framework agreements, transversal procurement and the stipulatio alteri”.

 

Public Procurement Law Symposium 2018

PUBLIC PROCUREMENT LAW SYMPOSIUM

9 MAY 2018

PROGRAMME

8:30 Registration & coffee

9:00 Session 1: Development Aid Procurement & the UNGPs on Business & Human Rights: challenges and opportunities to move forward ‘the new frontier of BUYING JUSTICE’.

Annamaria la Chimia,
Associate Professor, School of Law, University of Nottingham

9:45 Session 2: Public Procurement contracts as smart contracts: challenges and opportunities

Sope Williams-Elegbe

Professor, Department of Mercantile Law, Stellenbosch University

10:30 Coffee

11:00 Session 3: Breach of SOC board members’ fiduciary duties in the context of public procurement

Peter Volmink

Transnet Executive Manager: Governance, Supply Chain

11:45 Session 4: Framework agreements, transversal procurement and the stipulatio alteri

Geo Quinot, Vice Dean & Professor, Department of Public Law, Stellenbosch University

12:30 Close & light lunch

Attendance is free and open to anyone interested in public procurement law, but seats are limited and it is thus essential to book a seat by sending an email to Kyle Jordaan at kylej@sun.ac.za.

VENUE:

Law Faculty Building room 1028

Corner Ryneveld street and Victoria Street

Stellenbosch

MAPS:

Map

 Click here to download campus map.

Google map to Stellenbosch campus.

Click here to download invitation.

APLU joins the International Learning Lab on Public Procurement and Human Rights

APLU has joined the International Learning Lab on Public Procurement and Human Rights, a global network to generate knowledge, tools and guidance, and build capacity of local and national procurement agencies to integrate human rights into purchasing.

The International Learning Lab on Public Procurement and Human Rights was established by the International Corporate Accountability Roundtable, the Harrison Institute for Public Law at Georgetown University, and the Danish Institute for Human Rights. The Learning Lab aims to be a network of central and local government procurement agencies and purchasing officers; representatives of other relevant government bodies, such as ministries; procurement professional associations; regional and international organizations; non-governmental organizations (NGOs); national human rights institutions (NHRIs); and relevant academics.

The Learning Lab’s global network will be a platform and mechanism for:

  1. experience-sharing among procurement actors on approaches to integrating respect for human rights;
  2. generating knowledge about public procurement law and policy and human rights;
  3. producing and disseminating tools and guidance to build capacity to integrate human rights issues among procurement professionals; and
  4. promoting coherence between procurement and human rights in international and regional frameworks and initiatives.

Prof Geo Quinot, director of APLU, also joined the Steering Committee of the Learning Lab. Other collaborators include the International Corporate Accountability Roundtable (ICAR), the Harrison Institute for Public Law at Georgetown University, the Danish Institute for Human Rights, London Universities Purchasing Consortium, Public Procurement Research Group at the University of Nottingham and the Business, Human Rights and the Environment Research Group at the School of Law, University of Greenwich.

More detail on the work of the Learning Lab can be found at www.hrprocurementlab.org.

Quinot participates in Africa High-Level Public Procurement Forum

On 3-5 April 2017, Prof Geo Quinot, Director of APLU, participated in the Africa High-Level Public IMG_9367Procurement Forum on Harnessing Public Procurement for Socio-Economic Growth, hosted in Johannesburg by the African Development Bank and the Word Bank Group. Quinot spoke as a keynote speaker in the plenary session on 3 April on “Regulating Public Procurement for Development in Africa”. He also participated in a panel discussion on the question “How can public procurement contribute to realizing socio-economic aspirations?”.

IMG_9298In his keynote contribution, Quinot reflected on the mainstreaming of a developmental perspective on public procurement, and particularly the regulation of public procurement, in recent years. This trend is borne out by the patent link between public procurement and the UN 2030 Agenda for Sustainable Development with its sustainable development goals, most clearly in SDG 17 dealing with strengthening the means of implementation and partnerships for the goals; in the Addis Ababa Action Agenda of 2015, where the parties commit themselves to “establish transparent public procurement frameworks as a strategic tool to reinforce sustainable development”. It emerges from the most recent UN Forum on Business and Human Rights, where there were a number of sessions focusing specially on public procurement as a mechanism to facilitate the private sector’s role in promoting human rights, including developmental rights. It emerges from the work currently done by the UN Committee on Economic, Social and Cultural Rights on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities. In response to the draft general comment of the Committee on this topic, the Northern Ireland Human Rights Commission called on the committee to explicitly include attention to the state-business nexus in the form of public procurement.

The Forum was aimed at key public procurement policy makers, senior public procurement practitioners, development partners, academics, related professional bodies and international NGOs and brought together 250+ senior and technical-level government officials from almost all African countries, representatives from Brazil, Chile, Kyrgyzstan, Philippines, South Korea, Ukraine, and Vietnam, as well as representatives of Transparency International, WTO, OECD, COST, USTDA, FIDIC, ITCILO, UN, CIPS, NEC, Government Technical Advisory Center of South Africa, WAEMU, EBRD, UNCITRAL and Open Contracting Partnership. At its conclusion, the Forum adopted the 2017 JOHANNESBURG RESOLUTION ON PUBLIC PROCUREMENT AFRICA HIGH-LEVEL FORUM ON HARNESSING PUBLIC PROCUREMENT FOR SOCIO-ECONOMIC GROWTH. In the Resolution, delegates agreed “take urgent strategic and tactical actions, in order to accelerate and sustain achievements by: 

  • Elevating public procurement to a strategic function to enable it contribute to realizing countries sustainable and socio-economic aspirations; 
  • Strengthening the integrity of public procurement systems;
  • Substantially increasing capability building in public procurement and contract management through capacity development and professionalization of the public procurement function; 
  • Ensuring public procurement is effective in making PPP succeed in Africa; and 
  • Harnessing Information Technology (IT) for efficient public procurement.”

The Resolution sets out 37 Actions to be undertaken in realising these objectives.

B1

 

 

Procurement Law on Three Continents Symposium

On 25 April 2017, APLU hosted a symposium focusing on procurement law on three continents. Two scholars visiting APLU, Proff Christopher Yukins and Andrea Sundstrand, joined APLU’s Proff Geo Quinot and Sope Williams-Elegbe to discuss public procurement law in the United States, European Union, South Africa and within the Multilateral Development Banks, especially as applied in the African context. The symposium was attended by about 50 delegates including postgraduate students, academics in law, public administration and logistics, public officials, legal practitioners and members of the NGO community.

About the speakers:

Prof Christopher R. Yukins,
Lynn David Research Professor in Government Procurement Law; Co-Director of the Government Procurement Law Program, George Washington University School of Law, USA

CYChristopher R. Yukins has many years of experience in public procurement law. He was for several years a trial attorney with the U.S. Department of Justice, where he handled trials and appeals involving bid protests and contract claims against the U.S. government.

He teaches on government contract formations and performance issues, bid protests, Contract Disputes Act litigation, and comparative issues in public procurement, and focuses especially on emerging public policy questions in U.S. procurement.

He is an active member of the Public Contract Law Section of the American Bar Association, serves on the steering committee to the International Procurement Committee of the ABA International Law Section, and previously served as the president of the Tysons Corner Chapter of the National Contract Management Association.

He is a faculty advisor to the Public Contract Law Journal, and has contributed pieces on procurement reform, international procurement, electronic commerce and information technology to a broad range of journals, including Washington Technology, Government Contractor, Legal Times, and Federal Computer Week. He has published on procurement reform in scholarly journals, including the Public Contract Law Journal, Georgetown Journal of International Law, and Public Procurement Law Review (United Kingdom).

Together with Professor Steven Schooner, he runs a popular colloquium series on procurement reform at The George Washington University Law School. In private practice, Professor Yukins has been an associate, partner, and of counsel at leading national firms; he is currently of counsel to the firm of Arnold & Porter LLP. He is an advisor to the U.S. delegation to the working group on reform of the United Nations Commission on International Trade Law (UNCITRAL) Model Procurement Law, and he teaches and speaks often on issues of comparative and international procurement law.

Prof Andrea Sundstrand

Associate Professor in Public Law, Faculty of Law, Stockholm University, Sweden

AS
Andrea Sundstrand is an Associate Professor in the Faculty of Law at Stockholm University in Sweden. Her primary fields of interest are public procurement, EU-law and administrative law.  She is  a member of the Swedish Bar Association and has previously worked eleven years as a senior legal advisor at the Swedish surveillance authority for public procurement. She has also published a number of books on public procurement and started a Swedish public procurement network for lawyers with over 240 participants and the Procurement Law Journal, an open-access scientific law journal dealing exclusively with issues of public procurement. The overall aim of the journal is to highlight the topic of public procurement law in Academia, both at Swedish universities and at universities in the Nordic countries and in the Baltic countries.

 

Prof Geo Quinot

Vice Dean & Professor, Department of Public Law, Stellenbosch University

GQ2Geo Quinot is Vice Dean in the Faculty of Law and Professor of Law in the Department of Public Law at Stellenbosch University, South Africa; Founding Director of the African Procurement Law Unit (APLU) and Co-Director of the Socio- Economic Rights and Administrative Justice Research Project (SERAJ). He is currently Vice President of the Administrative Justice Association of South Africa. Quinot is also admitted as an Advocate of the High Court of South Africa. In the Stellenbosch Law Faculty, Prof Quinot mainly teaches administrative law and constitutional law. He also regularly instructs public administrators in both administrative law and public procurement regulation. His research focuses on general administrative law, including a particular focus on the regulation of state commercial activity such as public procurement. He is the author of various articles in academic journals and electronic publications, chapters in book publications and author, co-author and/or editor of five book publications which includes State Commercial Activity: A Legal Framework (2009) Juta & Co and Public Procurement Regulation in Africa (2013) Cambridge University Press (with Professor Sue Arrowsmith). Quinot is a past editor-in-chief of the journal, Stellenbosch Law Review, and a founding editor of the new open-access journal, African Public Procurement Law Journal. Quinot often participates in national and international conferences in his fields of expertise, including on public procurement regulation and legal education. In 2012 and 2013 he served on a ministerial task team in the South African National Department of Health, focusing on the reform of health procurement systems in South Africa. In 2014 he completed an extensive research project for the South African National Treasury on the establishment of the Office of the Chief Procurement Officer and subsequently assisted that Office on reform of the South African public procurement regulatory regime.

Prof Sope Williams-Elegbe

Associate Professor, Department of Mercantile Law, Stellenbosch University

SWE

Prof Sope Williams-Elegbe is an Associate Professor in the Department of Mercantile Law at Stellenbosch University and specialises in public procurement law, anti-corruption law, international economic law and commercial law. She is the author of several publications in the area of corruption and public procurement, including Fighting Corruption in Public Procurement: A Comparative Analysis of Disqualification or Debarment Measures (Hart, UK, 2012). She is an editor of the Journal of African Law(Cambridge University Press) and a reviews editor for the Public Procurement Law Review (Sweet & Maxwell). Sope is also a member of the World Bank’s International Advisory Group on Procurement (IAGP) and has been involved in advising international financial institutions and government bodies on anti-corruption matters. Sope read law at the University of Lagos, Nigeria, and subsequently undertook an LLM at the London School of Economics where she graduated with a distinction. She also completed a doctorate degree in public procurement law at the University of Nottingham, UK. Sope has taught law at undergraduate and postgraduate levels at the universities of Stirling and Nottingham, both in the UK, and has been a visiting scholar at the Universities of Cape Town, Stellenbosch and Lagos. Sope had her research on public procurement funded by the British Academy in 2006 and 2011. Her research has also been cited by the Constitutional Court of South Africa in Shaik v The State (2008). Her most recent publication is entitled Public Procurement and Multilateral Development Banks (Hart, UK, 2017) and is the first monograph to focus specifically on the procurement law rules of MDBs.