The Public Procurement Bill Needs Better Enforcement: A Suggested Provision to Empower and Incentivise Whistle-Blowers

Klaaren, Jonathan; Brunette, Ryan

doi:10.14803/7-1-28

Cited by 2 publications

(2 citation statements)

References 2 publications

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“…Beyond furthering social goals, "procurement in Southern Africa is also focused on producing employment opportunities and building local manufacturing capability, among several other green and inclusive growth priorities" (Turley & Perera, 2014). This is clear from the National Department of Commerce and Industry's "local content" policy, which mandates that a certain amount of the cost of public bids must be made up of "local content" (Klaaren & Brunette, 2020).…”

Section: South Africamentioning

confidence: 99%

The Public Procurement System in Pakistan: A Critical Analysis

Zaidi¹,

Ashraf²,

Shah³

2023

JSSMS

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This research paper aims to provide a comprehensive understanding of the public procurement system in Pakistan and explore contemporary electronic/online procurement methods to enhance transparency. The study employs a two-fold approach: initially showcasing the existing procurement landscape in Pakistan and subsequently proposing modern approaches for implementing a transparent electronic procurement system. A thorough literature review is conducted, incorporating publications, journal articles, government documents, regulations, laws, news articles, webpages, and a dissertation related to public procurement. The analysis extends to incorporate lessons learned from the procurement experiences of other countries, offering valuable insights for potential improvements in Pakistan's public procurement system. Using a conceptual analysis technique, the current tendencies and progress in procurement practices within Pakistan's public sector are extensively elucidated. The findings of this study contribute significantly to the understanding of the public procurement system in Pakistan, highlighting both its strengths and areas requiring improvement. Moreover, the proposed electronic procurement system, informed by international experiences, serves as a practical solution to ensure transparency, efficiency, and compliance within the public sector. This research paves the way for future studies and policy recommendations that can enhance procurement practices and ultimately foster sustainable development in Pakistan.

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Section: South Africamentioning

confidence: 99%

The Public Procurement System in Pakistan: A Critical Analysis

Zaidi¹,

Ashraf²,

Shah³

2023

JSSMS

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“…In this context of incomplete institutionalisation, the Minister of Finance has exercised discretion to create several instruments such as the debarment mechanism (which is parallel to a similar apparently non-functioning tool sourced in the anti-corruption framework (see below)) which are often considered as anti-corruption tools (Procurement Watch 2021, 12-13). While civil and administrative violations in terms of the Preferential Procurement Policy Framework Act (PPPFA), the Public Finance Management Act (PFMA) and other statutes should in theory lead to a contractor being excluded from further tender processes (e.g., debarment) under Treasury's Database of Restricted Suppliers, rates of reporting, detection and imposition of effective remedies are very low (Williams-Elegbe 2020;Klaaren and Brunette 2020). We thus agree with Williams-Elegbe that the debarment mechanism has considerable potential to combat corruption (as well as poor performance), but that potential has not yet been realised.…”

Section: The Regulatory Framework Against Corruption In Public Procur...mentioning

confidence: 99%

Public Procurement and Corruption in South Africa

Klaaren¹,

Belvedere²,

Brunette³

et al. 2022

Preprint

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Like many other countries, South Africa depends heavily on its public procurement system and faces persistent issues of corruption within that system. Its regulatory regimes for public procurement and for anti-corruption are nonetheless distinct. Despite knowledge of significant corruption in the final decades of apartheid, anti-corruption was treated as a secondary rather than a primary objective in the initial phase of post-apartheid reform and design of public procurement. Rules against corruption in public procurement have largely taken the form of criminal offences in the anti-corruption regime, and the form of administrative rules internal to government within the public procurement system, neither of which has been effective. The lack of attention to the overlap of these two regimes has created the potential for continued growth of corruption in public procurement. As a reaction to the COVID-19 pandemic as well as to the grand corruption termed ‘state capture’, the South African government has recently introduced several measures and strengthened institutions to address corruption linked to public procurement; these are more investigative and ad-hoc than systemic and preventative. Finally, we briefly describe and then examine the place of information technology in South African public procurement, particularly in advancing the anti-corruption goal.

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The Public Procurement Bill Needs Better Enforcement: A Suggested Provision to Empower and Incentivise Whistle-Blowers

Cited by 2 publications

References 2 publications

The Public Procurement System in Pakistan: A Critical Analysis

The Public Procurement System in Pakistan: A Critical Analysis

Public Procurement and Corruption in South Africa

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