Title: Combating corruption in public procurement: Glenister v President of the Republic of South Africa

Authors: Stephen De La Harpe

Addresses: Faculty of Law, North West University, Hoffman Street, Private Bag X6001, Potchefstroom, 2520, Republic of South Africa

Abstract: Corruption increases the cost of public procurement between 10% and 25%. In South Africa corruption, also in public procurement, is rife. One of the causes is that perpetrators are not held accountable. To ensure accountability, political and other undue influence in both the procurement process and the process of holding people accountable must be curbed. In the matter of Glenister v President of the Republic of South Africa and others, the Constitutional Court of South Africa held that the Bill of Rights creates a duty to establish an anti-corruption unit with appropriate independence. It can be argued, on the basis of this judgment, that on a purposive interpretation of section 7(2), section 195(1) and section 217(1) of the Constitution there is a positive duty on the state to ensure accountability in public procurement. This will include that political and undue influence in the procurement process and the process of holding people accountable be actively curbed.

Keywords: public law; corruption; public procurement; South Africa; Bill of Rights; accountability; anti-corruption units.

DOI: 10.1504/IJPLAP.2013.056798

International Journal of Public Law and Policy, 2013 Vol.3 No.4, pp.395 - 408

Received: 08 May 2021
Accepted: 12 May 2021

Published online: 21 Aug 2013 *

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