n South African Law Journal - Public procurement and corruption : the South African response

Volume 124, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



This article examines the measures that are used to address corruption in the public procurement context, especially those contained in the Prevention and Combating of Corrupt Activities Act 12 of 2004. The article proposes a definition of corruption and outlines the kinds of corrupt activity that takes place in public procurement and the range of measures that may be adopted. An important element of the legislative response in South Africa concerns the exclusion of persons who have been convicted of corruption offences, or who are in some way associated with or implicated in such offences, from obtaining public contracts. The article subjects the relevant provisions in the Act and accompanying regulations to detailed assessment, and raises questions regarding their utility, sufficiency and, to some extent, legality.

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