APPRRU hosts workshop on procurement law reform in South Africa

 

Participants at the APPRRU workshop

Participants at the APPRRU workshop

In September 2014 APPRRU hosted a workshop at National Treasury in Pretoria around procurement law reform in South Africa. Leading legal practitioners in the area of public procurement regulation joined academics from APPRRU and policy-makers from Treasury to discuss current initiatives in drafting a new public procurement regulator statute that can provide the institutional basis for comprehensive reform of the public procurement regulatory regime. Participants discussed a working draft bill prepared in the Office of the Chief Procurement Officer in Treasury as well as the procurement chapter of the draft Treasury Regulations under the Public Finance Management Act. The workshop was a follow-up on the earlier work done by Prof Quinot of APPRRU for Treasury on the legal landscape governing procurement regulation in South Africa.

Participants at the APPRRU workshop

Participants at the APPRRU workshop

Participants at the APPRRU workshop

Participants at the APPRRU workshop

More procurement reforms on the way in South Africa

In his budget speech in Parliament on 27 February 2013, Finance Minister Pravin Gordhan indicated further reforms to the public procurement system in South Africa with a particular focus on curbing corruption. He said:

Minister Gordhan delivering the 2013 budget speech

Minister Gordhan delivering the 2013 budget speech

Procurement and combating corruption

Mister Speaker, last year I said to this House that we will continually endeavour to increase the value which government receives for the money it spends.

Let me be frank. This is a difficult task with too many points of resistance! However, we have registered some progress. In the present system, procurement transactions take place at too many localities and the contracts are short term. Consequently there are hundreds of thousands of transactions from a multitude of centres. There is very little visibility of all these transactions. While our ablest civil servants have had great difficulty in optimising procurement, it has yielded rich pickings for those who seek to exploit it. There are also too many people who have a stake in keeping the system the way it is. Our solutions, hitherto, have not matched the size and complexity of the challenge. As much as I want, I cannot simply wave a magic wand to make these problems disappear. This is going to take a special effort from all of us in Government, assisted by people in business and broader society. And it will take time. But we are determined to make progress.

The process for setting up the Chief Procurement Office in the National Treasury has begun in earnest and I shall soon be able to announce the name of a Chief Procurement Officer. A project team seconded from state agencies and the private sector has identified four main streams of work, involving immediate remedial actions, improving the current system, standardising the procurement of critical items across all government and the long-term modernisation of the entire system.

Among the first initiatives of the CPO will be to enhance the existing system of price referencing. This will set fair value prices for certain goods and services. Secondly, it will pilot procurement transformation programmes in the Departments of Health and Public Works, nationally and in the provinces.

National Treasury is currently scrutinising 76 business entities with contracts worth R8.4 billion which we believe have infringed the procurement rules, while SARS is currently auditing more than 300 business entities and scrutinising another 700 entities. The value of these contracts is estimated at over R10 billion. So far 216 cases have been finalised resulting in assessments amounting to over R480 million being raised. The Financial Intelligence Centre has referred over R6.5 billion for investigation linked to corrupt activities.

I fully support Minister Sisulu’s call for appropriate curbs on officials doing business with government. I will complement her initiative by aligning the Public Finance Management Act with the provisions of the Public Service Act.”

These remarks confirm the impression created by the draft Treasury Regulations published late last year, which, in the part dealing with supply chain management, seem to suggest a move back to a more central controlled procurement approach.

South African Treasury to create a procurement oversight unit

On 23 July 2012, South African Finance Minister Pravin Gordhan announced that the treasury would create an oversight unit on public procurement. The establishment of this oversight unit would be aimed at actively enforcing supply chain management processes and would include the appointment of a chief procurement officer.

Gordhan stated that transactions of a particular size or type may be subject to scrutiny. He further announced that the treasury would develop IT systems which would enable the active monitoring of compliance with financial management requirements. These systems would enable the treasury to access information regarding instances of public procurement.

The move comes after the publication of a recent report by the South  African Auditor-General Terence Nombembe on the results of local government audits. The report found that only 5% of municipal entities had achieved clean audits for the 2010/2011 financial year. The report further identified the lack of competencies and skills, as well as the lack of consequences for poor performance as the root causes of the troubling audit results.

Gordhan emphasised the need for government to demonstrate that poor performance and non-adherence to legal requirements in public procurement would be met with more severe consequences.