4. Electronic Theses and Dissertations (ETDs) - Faculties submissions
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Item Public procurement of innovation in the valve manufacturing sector in South Africa(University of the Witwatersrand, Johannesburg, 2024) Bosoga, Morongwa; Soumonni, DiranPublic procurement, in addition to its primary role of obtaining goods and services to fulfil public service functions, has been used by many economies to accomplish various socio-economic and developmental objectives. Moreover, public procurement is suggested to have played a big role in stimulating the establishment of manufacturing sectors in existence today. For many developing economies, manufacturing remains critical to creating large scale employment opportunities to reduce the high-rate unemployment and poverty. Against the budgetary constraints and tough economic climate, the past decades witnessed a renewed interest in the utilisation of public procurement of innovation (PPI) as either a stand-alone policy or as part of general innovation or procurement policy tool to stimulate innovation amongst the existing sectors or creation of new sectors. In South Africa, public procurement accounts for a significant share of economic activity with many domestic industries reliant on government contracts for their commercial activities. However, in comparison to other developed economies where PPI has become popular, it has been suggested that developing economies are not taking full advantage of the immense potential of PPI as tool to advance innovation capabilities and to strengthen the competitiveness of domestic firms. The purpose of the study is to explore the potential of PPI as tool to facilitate innovation in South Africa, utilising the valve manufacturing sector as case study. The study employed qualitative methods to gather and analyse data. The study used primary data as well as policy document analysis. Primary data was gathered through semi-structured one on one interviews with government officials, Eskom official as well as local valve manufacturers to determine the suitability of PPI to the South African environment. Policy documents and government report were used as secondary data. The key finding of the study PPI is a complex tool and there are many factors involved its implementation. Its successful implementation is reliant on certain conditions being in place. The complexities and weaknesses inherent within the South African regulatory, organisational, and institutional landscape may present iii major difficulties in the successful implementation of PPI as an explicit tool for government.Item Analysing state capture through public procurement weaknesses in South Africa(University of the Witwatersrand, Johannesburg, 2023) Aikins,Nana; Lynge, HalfdanThis research report reviews and analyses the procurement system in South Africa concerning the legislative and institutional frameworks that govern state owned enterprises (SOEs). This study aims to assess the system's flaws and inherent weaknesses and highlight how these pitfalls have ultimately aided the phenomenon of state capture. It is a constitutional requirement that when organs of the state contract for goods and services, they do so in a fair, equitable, transparent, competitive and cost-effective manner. When a public organisation is captured by private interests, it loses its autonomy to act in the furtherance of public welfare, which manifests in its inability to contract competitively, achieving low prices and high quality. A postulation is made in this study that public procurement personnel lack the integrity and personal will to resist collusive behaviour and do not have the institutional strength to detect and withstand corrupt dealings that contribute towards state capture. Following the publication of the State Capture report by the Public Protector of South Africa in 2016, the concept has gained significant political momentum. However, despite this development, there has been a notable lack of academic research on the phenomena, particularly regarding its connection to public procurement. This research aims to fill this gap. This study draws most of its data from the transcripts of the hearings conducted by the Judicial Commission of Inquiry into State Capture. Through a qualitative explanatory case study approach, using thematic analysis, the study sought to understand the patterns of abuse that occur at each stage of the procurement cycle and what factors contributed to these transgressions. The findings of the study identified challenges associated with lack of capacity, non-compliance with legal policies, bid-rigging and collusive behaviour, and political interferenceItem The adoption of competition law remedies in the resolution of unlawful administrative decisions in public procurement(University of the Witwatersrand, Johannesburg, 2023-11-01) Sanickson, Melissa Levia; Adeleke, FolaThis research report analyses the highly regulated area of public procurement, the available remedies and the role of competition law remedies as a potential form of redress for unlawful administrative decisions in public procurement. The decision to award a tender qualifies as administrative action and is reviewable in terms of the Promotion of Administrative Justice Act, Act 3 of 2000 (PAJA). Setting aside an unlawful tender is a primary remedy, however, a court has the discretion to grant this order. The court’s discretion is founded on an analysis of various interests and the conclusion is based on the most practicable outcome. Where a court withholds its discretion to set aside the tender, the successful tenderer benefits from an unlawful process. In unlawful procurement processes, competition is almost always distorted and the successful bidder has a competitive advantage due to unlawful conduct. It is a constitutional requirement and necessary that public institutions apply a competitive procurement process. Remedies found in the Competition Act, Act 89 of 1998, are more favourable than allowing the successful bidder to continue to benefit from an unlawful process. This research report develops a case for the amendment of PAJA to include ‘anti-competitive conduct’ as a ground to review administrative decisions in public procurement. The amendment will permit the applicability of the Competition Act and the remedies found within this area of law