Procurement reforms added to ‘electioneering’ arsenal are not “legally feasible”

The ANC’s call for the creation of a tender board will not be legally feasible under the country’s current SCM regulatory environment.

The ruling party’s 2014 election manifesto outlines measures to tackle corruption that include the creation of a central tender board. President Jacob Zuma said “…tender processes will be centralised under a central tender board,” during his manifesto launch speech, adding that such a board would also bring many benefits.

Advocate Helen Venter, Director of Brasika, a governance and policy advisory organisation, tells SmartProcurement that this is currently not legally feasible as the PFMA/MFMA does not provide for it.

“The Accounting Officer remains accountable for SCM decisions, which cannot be deferred to an independent Board,” said Venter.

She added that it will not be operationally feasible.

“I would rather motivate for a centrally based SCM appeal, monitoring and evaluation board,” advised Venter.

Such a board will independently monitor the awarding of tenders/bids/quotes and the systems being applied, address appeals and advise on improvements – both operationally as well as legislatively, explained Venter.

Furthermore, “such a board could also validate training material for SCM qualifications, which government is increasingly requiring from its procurement and supply chain personnel,” concluded Venter.