Browsing by Author "Quinot, Geo"

Now showing 1 - 8 of 8
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    A decade and a half of deference (part 1)
    (Juta Law, 2016-06) Maree, P. J. H.; Quinot, Geo
    In 2000 Hoexter published an article on judicial review that became very influential in South African administrative-law scholarship and jurisprudence. In her article Hoexter raised the notion of deference in judicial review of administrative action. While she concluded on the pessimistic note that “the debate about deference … will be cancelled owing to lack of interest”, her article has been cited with approval in a number of judgments, including the influential constitutional court judgment of O’Regan J in the Bato Star case.
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    A decade and a half of deference (part 2)
    (Juta Law, 2016-10) Maree, P. J. H.; Quinot, Geo
    Hoexter and O’Regan J established deference as a prominent topic and principle, respectively. In doing so, both Hoexter and O’Regan J drew on Dyzenhaus’s conception of “deference as respect”. His conception of deference as respect follows from an attempt to respond to the following questions: “How should judges in common law jurisdictions respond to administrative determinations of the law? Should they defer to such determinations or evaluate them in accordance with their sense of what the right determination should have been?”
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    Multidimensionality of Sustainable Public Procurement (SPP) - exploring concepts and effects in Sub-Saharan Africa and Europe
    (MDPI, 2019-11-12) Stoffel, Tim; Cravero, Carol; La Chimia, Annamaria; Quinot, Geo
    Strategic objectives in public procurement, such as environmental or social considerations, are being increasingly referred to under the umbrella term of sustainable public procurement (SPP). The concept of sustainability is intrinsically multidimensional, encompassing environmental, social, and economic aspects. However, the existing literature on SPP highlights the generalization that the regulation and practices of public procurement are biased toward the environmental dimension. There is conflicting evidence from countries in Sub-Saharan Africa (SSA) that calls for further investigation. Analyzing how SPP is actually constituted in SSA and contrasting it with the situation in the European Union (EU), as a spotlight on the Global South and North, contributes to a better understanding of sustainability in public procurement. The comparative analysis will help with understanding processes related to the integration or disintegration of sustainability dimensions in SPP. Our results indicate a contrary orientation on the environmental and the social dimensions in the EU and SSA. Although there is no sign of a comprehensive integration of all dimensions in SPP, there are developments toward the integration of the ‘missing’ dimension in the respective regional setting. Thus, at the moment, achieving a multidimensional implementation of SPP appears to be more a matter of expanding SPP practices of the ‘missing’ dimension than of pushing for integrated concepts.
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    Multidimensionality of Sustainable Public Procurement (SPP)—exploring concepts and effects in Sub-Saharan Africa and Europe
    (MDPI, 2019-11-12) Stoffel, Tim; Cravero, Carol; La Chimia, Annamaria; Quinot, Geo
    Strategic objectives in public procurement, such as environmental or social considerations, are being increasingly referred to under the umbrella term of sustainable public procurement (SPP). The concept of sustainability is intrinsically multidimensional, encompassing environmental, social, and economic aspects. However, the existing literature on SPP highlights the generalization that the regulation and practices of public procurement are biased toward the environmental dimension. There is conflicting evidence from countries in Sub-Saharan Africa (SSA) that calls for further investigation. Analyzing how SPP is actually constituted in SSA and contrasting it with the situation in the European Union (EU), as a spotlight on the Global South and North, contributes to a better understanding of sustainability in public procurement. The comparative analysis will help with understanding processes related to the integration or disintegration of sustainability dimensions in SPP. Our results indicate a contrary orientation on the environmental and the social dimensions in the EU and SSA. Although there is no sign of a comprehensive integration of all dimensions in SPP, there are developments toward the integration of the ‘missing’ dimension in the respective regional setting. Thus, at the moment, achieving a multidimensional implementation of SPP appears to be more a matter of expanding SPP practices of the ‘missing’ dimension than of pushing for integrated concepts.
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    Public procurement in the context of broad-based Black Economic Empowerment (BBBEE) in South Africa — lessons learned for sustainable public procurement
    (MDPI, 2019-12-13) Shai, Lerato; Molefinyana, Comfort; Quinot, Geo
    Public procurement is a key instrument in the post-apartheid South African government’s broad-based black economic empowerment (BBBEE), a legislative and policy framework aimed at reversing the country’s legacy of injustice and inequality through pursuing a range of socio-economic objectives that favour the majority black population. This paper employs a theoretical and derived logic model to analyse the design and implementation of BBBEE by means of literature and document review as well as key stakeholder interviews. It seeks to answer two key research questions: (1) has BBBEE achieved its intended outcomes? and (2) what lessons can be drawn from the South African experience for sustainable public procurement? The study finds a significant knowledge gap that precludes definitive conclusions on the impact of BBBEE, largely due to the limited rigorous evidence, particularly evaluations, on whether BBBEE is achieving the desired outcomes. Instead, the paper’s key contribution is the development of a derived logic model that clearly outlines how BBBEE is intended to work and is used to provide insight into how BBBEE has performed against aspects of its intended outcomes. The paper finds that the intervention’s effectiveness has largely been undermined by various challenges and demonstrates that it remains unclear whether BBBEE’s observed achievements have translated into targeted impact of meaningful participation of all black people in the economy. Considering the scale of BBBEE and its implementation for over 16 years, the paper concludes that the limited evidence on how it is performing against its key objectives is both a design and implementation shortcoming.
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    Reforming procurement law in South Africa
    (Faculty of Law, Stellenbosch University, 2020) Quinot, Geo
    The reform of South African public procurement law has been on the cards for many years. Following years of promises from government leaders and officials about a new procurement law, a draft Public Procurement Bill for South Africa was eventually published for public comment in February 2020. The draft Bill proposes a complete overhaul of South African procurement law by consolidating existing procurement rules into a single statutory regime. It creates new institutional structures and a new dispute resolution process. There are, however, a number of problems with the draft Bill that should be addressed before the draft can proceed on its path to becoming a new overarching procurement statute in South Africa. This contribution introduces a special edition of the African Public Procurement Law Journal focusing on the draft Bill. In subsequent contributions, specific aspects of the draft Bill will be considered in more detail.
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    The third wave of preferential procurement regulations in South Africa
    (Juta Law, 2018) Quinot, Geo
    The use of public procurement to promote wealth redistribution in South Africa as part of the overall constitutional objective of addressing the continuing disadvantage created by unfair discrimination in the past is a distinct feature of South African public procurement law. What has generally become known as the practice of preferential procurement is rooted in section 217(2) of the Constitution of the Republic of South Africa, 1996. The basic constitutional authorisation for preferential procurement is given some content in the Preferential Procurement Policy Framework Act 5 of 2000 (the act), but the real meat of the regulatory regime governing preferential procurement is found in the regulations under the act.
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    To debar or not to debar : when to endorse a contractor on the register for tender defaulters
    (Juta Law, 2008-01) Williams, Sope; Quinot, Geo
    The Prevention and Combating of Corrupt Activities Act 12 of 2004 (the Corruption Act) provides in s 29 for the creation by the National Treasury of a Register for Tender Defaulters. A court convicting a contractor on charges under ss 12 or 13 of the Corruption Act (which relate to corruption offences in public procurement) may order the contractor to be endorsed on this register. Endorsed contractors will be denied access to public contracts (debarred) for a period of between five and ten years (s 28(3)(a)(ii) and (iii)).