Abstract
Public procurement is generally known to be the acquisition of goods and services by the government from the private sector. Construction works are considered to constitute services and as such are not specifically referred to in the Constitution of the Republic of South Africa, 1996. Re-categorising public procurement may hold many advantages for the regulation of construction procurement law as a unique form of public procurement in South Africa. The definition of construction works is thus important when establishing what is procured in construction procurement. This definition in turn may indicate that the procurement of construction works is indeed a unique form of procurement and should accordingly be re-categorised in South African public procurement law.
 
Highlights
Public procurement refers to the acquisition of goods and services.1 In other countries2 an additional category has been added, that of works
In this article the argument will be made that works should constitute a separate category of procurement for several legal reasons and that categorising construction works separately holds various advantages for the regulation of construction procurement law in South Africa
The legislation applicable to public sector construction procurement is the legislation applicable to procurement in general, the Construction Industry Development Board Act (CIDB Act),19 the Regulations to the Act20 and the prescripts issued by the Construction Industry Development Board (CIDB) in terms of the CIDB Act
Summary
Public procurement refers to the acquisition of goods and services. In other countries an additional category has been added, that of works. In this article the argument will be made that works should constitute a separate category of procurement for several legal reasons and that categorising construction works separately holds various advantages for the regulation of construction procurement law in South Africa. In order to categorise construction procurement separately, a definition of it needs to be established. This definition is what this article aims to provide. In formulating this argument, the law regulating general procurement and construction procurement will be looked at. How construction procurement differs from the procurement of general goods and services and current attempts at illustrating this in the practice of construction procurement will be discussed. A workable definition of construction procurement will be proffered as well as the placing of construction procurement within the broader public procurement regime in South Africa
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