THE LEGAL NATURE OF SUPPLY CHAIN MANAGEMENT INSTRUCTION NOTES, PRACTICE NOTES AND CIRCULARS

Abstract

It has been the practice that many public bodies, including the National Treasury, have published instruments applicable to those involved in supply chain management or public procurement processes. These instruments are intended to assist in regulating and streamlining these processes. Often, however, many of these instruments have been contradictory either to other similar instruments or even contrary to legislation. Public officials are thus left with the dilemma of deciding which instrument trumps the other and ultimately which to comply with. The aim of this paper is to determine the legal nature of supply chain management instruction and practice notes and circulars. This is done by way of interpretive tools in order to establish whether the instruments published by public bodies are in fact subordinate legislation and thus mandatory to comply with or rules which are not legally binding.