Mr David Wickens

LLM project: The evaluation of public procurement tenders for cost-effectiveness

Student: Mr David Wickens

Supervisor: Prof Stephen de la Harpe

University: North West University (Potchefstroom)

Status: Ongoing

Mr David Wickens

Mr David Wickens

Mr 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.

Mr Jan-Hugo Fyfer

LLD PROJECT: PUBLIC PROCUREMENT DISPUTES AND ADR

Student: Mr Jan-Hugo Fyfer

Supervisor: Prof G Quinot

University: Stellenbosch University

Status: Ongoing

Mr Jan-Hugo Fyfer

Mr Jan-Hugo Fyfer

The topic is located at a three-fold regulatory intersection, and involves the question whether the positive and normative regulation of public procurement in South Africa allows (or provides) for the application of alternative dispute resolution (‘ADR’) procedures to ‘public procurement disputes,’ and if so to what extent.

Conversely formulated, the question is whether or to what extent ADR mechanisms can be applied to domestic public procurement disputes.

Mr Kingsley Tochukwu Udeh

LLD PROJECT: BIDDER REMEDIES IN SOUTH AFRICA AND NIGERIA

Student: Mr Kingsley Tochukwu Udeh

Supervisor: Prof G Quinot

Co-Supervisor: Dr S Williams-Elegbe

University: Stellenbosch University

Status: Ongoing

Kingsley Udeh

Kingsley Udeh

The key research questions which the study will attempt to address include the following:

a)     To what extent are the available remedies provided by the public procurement legal frameworks of both countries legally adequate and practically effective to protect bidders’ rights?

b)    To what extent do the available remedies in both countries actually act as a deterrence to the breach of public procurement rules?

The above research questions are aimed at comparatively analyzing the legal and practical factors that hinder the effectiveness of bidder remedies as a procurement law enforcement mechanism in both countries.

Ms Allison Anthony

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: Ongoing

Allison Anthony

Allison Anthony

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 asks whether a relational understanding of construction procurement in South Africa assists in formulating regulation for this area of public procurement.