Overview of the Government Procurement System in South Africa*

Abstract

This chapter provides an overview of the most significant features of the South African government procurement system. Special attention is also given to the constitutionally prescribed use of procurement as a policy tool in South Africa. Principles of both the law of contract private law and administrative law public law influence government procurement in South Africa. In brief, Paja deals with general administrative law and lays down rules and principles that apply to and bind all levels of government in South Africa. In South Africa, the government procurement system is extensively regulated. The idea of fairness or equal treatment in the procurement process should be understood in light of South Africa's history of unfair discriminatory policies and practices. Corruption is commonly regarded as immoral and improper in terms of good procurement practice because it diminishes the confidence that honest contractors and the public at large have in the government.