APLU launches new book publication

On 1 November 2018, APLU launched its latest publication, entitled Public Procurement Regulation for 21st Century Africa, edited by Sope Williams-Elegbe and Geo Quinot and published by Juta & Co.

CoverThe book is an edited collection of 15 chapters written by academics, practitioners and officials working in public procurement law. It investigates a number of key themes to foster an understanding of public procurement law in the context of contemporary Africa, in particular in relation to the close ties between public procurement law and 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.

The authors of the book 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.

At the launch, Adv Kevin Malunga, Deputy Public Protector of the Republic of South Africa, who also wrote the foreword to the book, reflected on the key role of procurement law in enhancing good public governance and the challenges that South Africa in particular continue to face in this regard.

Pictured at the launch: (from left) Adv Kevin Malunga, Prof Sope Williams-Elegbe, Mr Stephen Allcock of Juta and Prof Geo Quinot

Pictured at the launch: (from left) Adv Kevin Malunga, Prof Sope Williams-Elegbe, Mr Stephen Allcock of Juta and Prof Geo Quinot

The contents of the book 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

The book is available from Juta at the following link.

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.