By Simon Nare
Finance Minister Enoch Godongwana has backed the Constitutional Court’s ruling that the Public Procurement Act is unconstitutional and invalid, saying procurement legislation must promote fairness and transparency.
In a judgment delivered on Thursday, the apex court found that the Act was unlawfully enacted because Parliament failed to comply with its constitutional obligation to facilitate meaningful public involvement, as required by Section 59(1)(a) of the Constitution.
The court also flagged material changes introduced to the draft legislation late in the parliamentary process, saying Parliament had rushed the Bill through without proper consultation.
Reacting to the ruling, Godongwana said the objectives of the Act could not be achieved in a weak public procurement system that was not governed by an effective legislative framework.
He said Section 217 of the Constitution requires a procurement system that is fair, equitable, transparent, competitive and cost-effective, while allowing for measures to protect or
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