Abstract
Recently, there have been numerous challenges in the legal regulation of construction procurement in South Africa. The Construction Industry Development Board and the National Treasury have brought about a number of new rules in the form of standards and frameworks in order to remove any contradictions and misalignment with applicable legislation. This article looks at the changes that have taken place in the regulation of construction procurement law and whether the new rules indeed assist in removing the challenges posed by previous rules. The research question to be answered is whether the new rules are in fact lawful.
Highlights
Public procurement is generally known as the process through which the government contracts with a private party for the provision of goods, works or services to or on behalf of the government
It appears that the FIDPM is intended to serve as a guide for implementation of the Infrastructure Delivery Management System (IDMS), which the FIDPM states must be done through infrastructure delivery management processes; these consist of portfolio, programme, projects, operations and management of infrastructure as well as infrastructure procurement gates
Based on the above contradictions, unexplained additions and vague or incomplete definitions, it is submitted that the FIDPM should not come into operation unless it is aligned with the Construction Industry Development Board (CIDB) legislation and prescripts
Summary
There have been numerous challenges in the legal regulation of construction procurement in South Africa. The Construction Industry Development Board and the National Treasury have brought about a number of new rules in the form of standards and frameworks in order to remove any contradictions and misalignment with applicable legislation. This article looks at the changes that have taken place in the regulation of construction procurement law and whether the new rules assist in removing the challenges posed by previous rules. The research question to be answered is whether the new rules are lawful
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