Answer to Question #179973 in Economics for Karabo Maluleke

Question

Identify the applicable sections on procurement in the Constitution of the Republic of South Africa, 1996, and describe the purpose of the various sections including the meaning of “Public Administration in South Africa must be governed by democratic values and principles”. (15)

Answer 1

The principle piece of legislation that regulates public procurement is the Constitution of the Republic of South Africa, 1996 (Constitution). Section 217 of the Constitution requires that when an organ of state contracts for goods and services, it must do so in accordance with principles of fairness, equitability, transparency, competitiveness and cost-effectiveness.

The public service must be structured and function in terms of national legislation and must effectively and efficiently execute the lawful policies of the government. Section 195 of the Constitution states that the public administration must be governed by the democratic values and principles enshrined in the Constitution.