An Evaluation of the “Designation” of Products, Sectors and Industry for Local Production and Content under the Preferential Procurement Policy Framework Act 5 of 2000

Abstract

This paper explores the designation framework in South Africa within the confines of the Preferential Procurement Policy Framework Act 5 of 2000 (the PPPFA). The PPPFA is substantiated by the Preferential Procurement Regulations, 2017. This discussion is pertinent in light of the proposed Public Procurement Act, which seeks to consolidate all legislation on public procurement in South Africa and, in particular, to provide for the designation of products, sectors, and industries for local production and content. It is thus prudent to assess the problems with the current designation framework that is plagued by secrecy and non-compliance to avoid replicating the same problems in the proposed Public Procurement Act.