Legislative and administrative directives governing procurement procedures : a local government perspective

Abstract

To enact a comprehensive body of rules to regulate public procurement is only one element in fostering compliance with the norms and objectives of a sound public procurement programme. The development of a sound legal framework is a core element in the modernisation and improvement of public procurement systems. The task of government institutions is to achieve the policy objectives which have been set by the government for societal life. As public policy-maker, the government strives to establish a generally preferred future for society. Any deliberations by the policy-maker on the establishment and realisation of such a preferred future should, of necessity, include, interalia, the setting of standards and respect for the administrative legal framework to guide functionaries in government institutions on how to execute policy. The essence of public procurement legislation is to define and enforce those procedures that will deliver a productive and efficient result, while respecting the public nature of the process and the duty of fairness to the suppliers. Government institutions are not usually established with a view to profit-making, with the consequence, the objectives of their procurement function will differ considerably from the objectives of an establishment in the private sector. In this article, the legislative and administrative directives which impact and govern the procurement system in South Africa will be discussed. The article will conclude with recommendations based on an empirical survey to establish attitudes towards public procurement policies with specific reference to the local sphere of government.