LLD project: The meaning and application of cost-effectiveness as a constitutional requirement for the South African public procurement system
Student: Mr David Wickens
Supervisor: Prof Stephen de la Harpe
University: North West University (Potchefstroom)
Status: Completed in 2017, the full dissertation can be accessed here >>
Dr David Wickens
Dr David Wickens is a director of an ICT consulting company in Johannesburg, South Africa. His consulting assignments over the last 15 years have been as transaction advisor for the contracting of ICT outsourcing, goods and services in both the private and public sectors. He holds a BSc(Hons) in Mathematics from UCT and LLB from UNISA.
Dave’s research is aimed at clarifying the meaning of cost-effectiveness as an objective of public procurement in general; its meaning and relative priority as a constitutional standard in the South African context; and the efficacy of the South African regulatory framework in the achievement of cost-effectiveness. The primary research question is the extent to which the current regulatory framework for public tender evaluation enables the achievement of cost-effectiveness within the South African context. The study takes the form of a comparative analysis between South African regulation and that in the UK being an implementation of the EU directives. The analysis is aimed at identifying the differences between, or the absence or presence of, regulatory constraints on tender evaluation processes and the effect on promoting or frustrating the achievement of cost-effectiveness.
Dr Ama Eyo
Dr Eyo is a Lecturer in Law and Programme Director for the LLM in Public Procurement Law & Strategy at Bangor University, North Wales, United Kingdom.
Previously a practicing lawyer in Nigeria, Ama is a specialist in public sector procurement with significant experiences in leading sustainable and strategic procurement, and process transformation programmes within the central government in the United Kingdom.
Ama has also worked in the areas of international and national regulation of contemporary procurement issues and techniques. Her doctoral awarded in this area which was completed at the University of Nottingham, United Kingdom under financial sponsorship from the University and its Public Procurement Research Group, examined the legal framework and operation of e-auctions tool in the European Union (EU) procurement. Some findings from that research are published as “Electronic auctions in European Union procurement: Reflections from the United Kingdom”  1 Public Procurement Law Review 1.
Her other published works include:
- “Development of a framework for the implementation of green public procurement in Nigeria,” (with T. Akenroye and A. Oyegoke)  6 (1) International Journal of Procurement Management 1;
- Regulation of E-Auctions in the US Federal Procurement System: Lessons from the E-Auction rules in the United Kingdom, available at http://www.ippa.org/IPPC5/Proceedings/Part11/PAPER11-2.pdf
- “Fighting Corruption in Public Procurement through the OECD: A review of recent initiatives” (2009) 18 (3) Public Procurement Law Review, NA103-113 (with S. Williams-Elegbe);
- “Electronic auctions in the EC Procurement Directives a Perspective from UK Law and Practice” in S. Arrowsmith (ed), Reform of the UNCITRAL Model Law on Procurement: Procurement Regulation for the 21st Century (West, 2009, Chapter 12) (with S. Arrowsmith).
Her ongoing research focuses on review and benchmarking of Public Procurement reforms in developing countries, with emphasis on exploring factors that militate against the effectiveness of the reform efforts in sub-Saharan Africa. She explores such factors in a recent paper on Public Procurement in Nigeria: Review and Reforms for effectiveness, presented at the Public Procurement: Global Revolution VI Conference, Nottingham, United Kingdom, in June 2013.
Field of Specialization
International and national regulation of contemporary procurement issues and techniques
At Bangor University, she teaches a number of modules including:
- National & EU Public Procurement Law;
- International Procurement regimes;
- Sustainable & Social Procurement;
- Procurement Litigation;
- Contract Design & Management; and
- Risk Management in Public Procurement.
Tecle Hagos Bahta
Tecle Hagos Bahta (LL.B (AAU (2002)), LL.M in Comparative and European Law (2006), University of Ghent , Belgium, PhD candidate in International Investment arbitration , University of Warwick, UK), is an associate professor of law at the University of Mekelle, Department of Law in Ethiopia. He is also currently teaching at the University of Botswana, Department of Law. He has published several articles in national and international journals in the laws of Arbitration and ADR, Construction law, and Public Procurement laws and regulations. His publications in public procurement laws and regulations in particular are:
- The Regulatory Framework for Public Procurement in Ethiopia in Public Procurement Regulation in Africa, (eds) Geo Quinot and Sue Arrowsmith, CUP, 2013
- Complaints Review and Remedies under the Federal Government Procurement Law in Ethiopia, 2012 (21) PPLR, Issue 5, 188-203
- Adjudication and Arbitrability of Government Construction Disputes, 3 Mizan Law Review 1-32 (2009)
Prof Stephen de la Harpe
Prof Stephen de la Harpe is professor of law and Dean of the Faculty of Law at the North West University, Potchefstroom. He specialises in public procurement law and contract law. The title of Prof De la Harpe’s doctoral study was “Public procurement law : a comparative analysis”, which can be accessed here.
List of procurement publications:
de la Harpe S and Roos R, Good Governance In Public Procurement: A South African Case Study, PER 2008(2) (available here)
de la Harpe S, Green Public Procurement: An option for South Africa? Speculum Juris 2008(2).
de la Harpe S, Regional cooperation in public procurement: A South African perspective, SADC Law JOURNAL, Volume Two, Number 2, 2012 p 223.
de la Harpe S, Public Procurement: An underutilised instrument in the fight against climate change, Woord en Daad 2012
de la Harpe S, Corruption in Public Procurement, S Kierkegaard (Ed) Law Governance and World Order 2012.
de la Harpe S, The use of Electronic Reverse Auctions in Public Procurement in South Africa. Speculum Juris (2012)(1) p 21 (available here)
de la Harpe S, Combating corruption in public procurement: Glenister v President of the Republic of South Africa Int. J. of Public Law and Policy, 2013 Vol.3, No.4, pp.395 – 408
Mr Dominic N Dagbanja
Dr. Dominic N. Dagbanja is a Lecturer in Law at the University of Western Australia Law School. He previously worked at the University of Manchester Law School as a Research Associate and was Lecturer in Law at Ghana Institute of Management and Public Administration where he taught Contract Management and Legal Environment for Business. He practised law with the corporate and commercial law firm of Bentsi-Enchill, Letsa & Ankomah, in Accra, Ghana. He has published extensively on international investment law and public procurement law in peer-reviewed journals and yearbooks, including: transnational Legal Theory, The Oxford University Commonwealth Law Journal, African Journal of International and Comparative Law, Journal of African Law and Yearbook on International Investment Law and Policy. He is also the author of The Law of Public Procurement in Ghana (Lambert Academic Publishing 2011)..
List of publications:
Dominic N. Dagbanja “The Regulatory Framework for Public Procurement in Ghana” in G. Quinot & S. Arrowsmith (eds) Public Procurement Regulation in Africa (Cambridge: Cambridge University Press, 2013) 77
Dominic N. Dagbanja “An Exposition of the Law on Suspension of Procurement Proceedings and Performance of Procurement Contracts in Ghana” Ghana Internet Law Review: 2012/1. Available at http://www.ghanalaw.com/content/exposition-law-suspension-procurement-proceedings-and-performance-procurement-contracts-ghan
Dominic N. Dagbanja The Law of Public Procurement in Ghana: Law, Policy and Practice (Saarbrücken: Lap Lambert Academic Publishing AG & Co Kg, 2011).
Dominic N. Dagbanja “The Nature and Scope of Contractor Qualification Systems: A Cross-Jurisprudential Inquiry” 7 Journal of Contract Management (Summer, 2009) 65. Available at http://www.ncmahq.org/files/Articles/JCM09%20-%2065-79.pdf
Following the successful completion of her pioneering LLM study in the regulation of construction procurement in the public sector, Allison registered in 2016 for a doctoral study to continue her research in this field. In her doctoral dissertation, Allison asked whether a relational understanding of construction procurement in South Africa assists in formulating regulation for this area of public procurement. She successfully completed her study in 2017 and was awarded the doctoral degree in 2018. Allison is currently a senior lecturer in the University of South Africa School of Law.
LLM PROJECT: CONSTRUCTION PROCUREMENT IN SOUTH AFRICA
Student: Ms A Anthony
Supervisor: Prof P Bolton
University: Stellenbosch University
Status: Completed in 2013, the thesis is available here >>
LLD PROJECT: THE LEGAL REGULATION OF CONSTRUCTION PROCUREMENT IN SOUTH AFRICA AS A RELATIONAL CONSTRUCT
Student: Ms A Anthony
Supervisor: Prof P Bolton & Prof G Quinot
University: Stellenbosch University
Status: Completed in 2017, the dissertation is available here >>