In-house provisioning and South African public procurement law
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Date
2014
Authors
Quinot, G.
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of Law, University of the Free State
Abstract
English: Public procurement is a highly regulated aspect of state administration and
an area in which litigation is frequent in South Africa. As Nugent JA noted
in South African Post Office v De Lacy:1 “Cases concerning tenders in the
public sphere are coming before the courts with disturbing frequency.”
It is thus surprising that the question of in-house provisioning was only
pertinently raised in South African courts in the matter of Cash Paymaster
Services (Pty) Ltd v The Chief Executive Officer of The South African Social
Security Agency,2 which commenced in the High Court towards the end of
2009, winding its way through the judicial system to a Constitutional Court
order in mid-2011. However, more surprising and somewhat disappointing,
none of these courts used this opportunity to squarely deal with the question
so that it still remains largely an unresolved one in South African law. In this
contribution, I assess the judgments in the Cash Paymaster Services case
and discuss some of the pertinent issues that will have to be addressed
when the next opportunity arises to deal with in-house provisioning.
Description
Keywords
Government purchasing, Tenders
Citation
Quinot, G. (2014). In-house provisioning and South African public procurement law: case note. Journal for Juridical Science, 39(1), 115-129.