Prior to 1994, the government procurement system in South Africa favoured large and established businesses and it was very difficult for newly established business to enter the procurement system. In 1994, however, government procurement was granted constitutional status, and was recognised as a means of addressing past discriminatory policies and practices. This paper critically analyses the way in which provision has been made in legislation for the use of procurement as a policy tool. It is argued that the use of procurement as a policy tool in South Africa is justified. On the whole, the primary legislation dealing with the use of procurement as a policy tool offers an adequate effect to the constitutionally prescribed use of procurement as a policy tool.

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Government procurement as a policy tool in south africa

Preventing corruption within government procurement: Constructing the disciplined and ethical subject

Public procurement is widely used to promote objectives of an economic, environmental and social nature, such as the economic development of disadvantaged social groups. This article elaborates a detailed taxonomy of such “horizontal” policies. This study is valuable, first, to facilitate analysis of the practical phenomenon of horizontal policies and of the policy implications of different approaches and, second, to illuminate and develop the relevant regulatory frameworks under national and international regimes. The taxonomy is based on three key distinctions between the following: 1. policies limited to securing compliance with legal requirements and those that go beyond such requirements; 2. policies applied only to the contract awarded and those that go beyond it; and 3. nine different mechanisms by which policies are implemented in the procurement process.

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Horizontal policies in public procurement: a taxonomy

This paper examines the relationship between institutional framework and management systems on one hand and unethical behaviour in procurement management on the other hand. It explores the extent to which institutional and management systems could be the determinants of the increasing unethical behaviour in local government procurement systems in Kibaale District, Uganda. The results are from a cross-sectional descriptive study design that attracted a total of 77 respondents out of the sampled 86 (a response rate of 89.5%). The reliability analysis of the results was found to be with an alpha = 0.804. Descriptive and relational statistics were used to analyse the data obtained from a closed five-Likert-scale questionnaire. The findings overall do not show a very strong relationship between institutional frameworks and management systems as key determinants of unethical behaviour, suggesting the presence of other possible determinants. However, the results indicate that there are two specific variables under management (communication and monitoring and evaluation) that have a statistically significant correlation with unethical behaviour in procurement. We compare the results with existing literature and suggest practical and policy implications.

Determinants of unethical public procurement in local government systems of Uganda: a case study

This paper addresses the contribution of procurement planning to improved local governance using the findings from a study conducted among the key political and administrative stakeholders from 11 local governments in Uganda. A total of 99 respondents out of the expected 150 respondents returned the survey instrument (a response rate of 66%). The data were analysed using principal component factor analysis, upon whose results; reliability analysis for each of the retained factor components was calculated and this paved way for correlation and regression analyses. The results do indicate a very significant positive relationship between procurement planning and local governance in Uganda. The paper concludes that the vast resources local governments spend to buy goods, services and works essential for their operations requires adequate planning. Suggestions are made for the local government's political and administrative stakeholders as well as the policy makers in Uganda on the critical issues of procurement planning, essential for local governance.

Procurement planning and local governance in Uganda: a factor analysis approach

Because of its enormous economic power and susceptibility to corruption, public procurement - the purchase by government of goods and services - has come under increasing regulation as world trade expands. Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy. This work should educate government officials, trade lawyers, and students in how to comply with existing and emerging regulatory schemes as they: select a contractor and plan the contract, with detailed attention to terms, conditions and specifications; allow for national security, national industrial development, and environmental protection; get value for money and avoid waste of public funds; publicize contracts; combat corruption; secure successful completion of contracts; balance pressures to buy from domestic sources with the economic benefits of international competition; harness procurement power to promote social and environmental goals; enforce compliance with public procurement rules; and recognize circumstances under which discretion-based (rather than rules-based) initiatives may be more effective.

Don Wallace

Papers

Regulating Public Procurement, National and International Perspectives