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Cronjé Inc.

Promulgation of Public Procurement Amendment Act, 2022: noteworthy updates to existing public procurement framework

The Public Procurement Amendment Act, 2022 was promulgated on 8 August 2022 and aims to update and amend the Public Procurement Act 15 of 2015. This Act remains problematic as it contains ambiguous wording and very short timelines within which actions can be taken. The am..

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Cliffe Dekker Hofmeyr

Drawing lines in the sand: The promulgation of new Preferential Procurement Regulations and what it means for organs of state and the public

On 4 November 2022, the Minister of Finance promulgated the Preferential Procurement Regulations, 2022 (2022 Regulations) in terms of the Preferential Procurement Policy Framework Act 5 of 2000 (PPPFA).

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IKM Advocates

Will beneficial ownership rules curb tenders graft?

In many countries, public procurement has for a long time been considered one of the areas most prone to manipulation and fraud. Kenya is no exception and there have been allegations of public officials and their cronies creating and winning bids at inflated prices...

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A Review of the Contractor's Power

When project owners refuse to pay contractors or have denied them access to the construction sites, contractors react in several ways. One such reaction is to suspend further performance of works until payment is made or access to the site is given. However, the contracto..

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Werksmans Attorneys

Is South Africa in a state of procurement limbo? Where to from here, for now?

Public procurement in South Africa is undeniably tied to the country’s socio-economic objectives and is an important tool to achieve transformation. Recently, the Constitutional Court (“ConCourt”) in the matter of Minister of Finance v Afribusiness NPC and Ot..

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Clyde & Co.

Performance Security Bonds in Tanzania

A Performance Security Bond (Performance Bond) is a contract of guarantee in which one party (the Guarantor) promises to discharge the liability of a third party in the event of default. Performance Bonds are designed to ensure the performance of duties by parties t..

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Kenya PPP Directorate to Become the Key Driver of PPP Projects in Kenya: A Detailed Look at Kenya’s New PPP Law

Public private partnerships have long been proposed as the answer to Kenya’s ever-widening infrastructure gap.

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KN Law

The Public Private Partnership Act, 2021

The Public Private Partnership Act, 2021 (the Act) which came into effect on December 23, 2021 provides for the participation of the private sector in the financing, construction, development, operation or maintenance of infrastructure or de..

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Public-private partnerships to fund transport infrastructure

The Minister has revealed that Government will aggressively pursue PPPs, as a mechanism to fund and construct transport infrastructure.

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