Browsing by Author "Udeh, Kingsley Tochukwu"

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    A comparative study of the effectiveness of bidder remedies in South Africa and Nigeria
    (Stellenbosch : Stellenbosch University, 2018-03) Udeh, Kingsley Tochukwu; Quinot, Geo; Williams-Elegbe, Sope; Stellenbosch University. Faculty of Law. Department of Public Law.
    ENGLISH ABSTRACT : The Guide to Enactment identified that a bidder remedies system helps to make procurement law to “an important degree self-policing and self-enforcing”. This is because it provides an avenue to litigate for bidders that have interest in monitoring procuring entities’ compliance with the procurement rules. In an attempt to protect their rights or to remedy the injury caused by breach of procurement rules, bidders act as “private attorney generals” to enforce compliance. Bidder remedies regime is an integral part of the public procurement systems of many countries in Africa. Nigeria and South Africa are examples of African countries that have such regimes. Bidder remedies have assumed an academic and practical importance due to the actual and perceived role that it plays in the proper functioning of a public procurement system. Although research interest in bidder remedies has been on the increase globally, only a negligible portion of the research focuses on Africa. The information gap that exists due to the availability of very little academic information on bidder remedies in Africa remains to be filled, by detailed research. This study fills this information gap by undertaking an in-depth comparative analysis of the bidder remedies systems of Nigeria and South Africa, and assessing their effectiveness using clearly identified yardsticks/elements. The key research question which this study addressed towards achieving the above, was: “Whether the bidder remedies regimes of South Africa and Nigeria are effective for the enforcement of public procurement rules?” This study was conducted by way of doctrinal legal analysis. The study adopted a comparative approach in analysing the bidder remedies systems of South Africa and Nigeria, with a view to assessing their respective effectiveness in enforcing public procurement law. Analytical references were made to the bidder remedies regimes provided under international regulatory regimes, such as the UNCITRAL Model Law on Public Procurement. The primary materials which this study relied on are relevant legislation and case laws from both jurisdictions. Similarities as well as striking differences exist between the South African and Nigerian bidder remedies regimes, which made the systems suitable for a comparative study. The study established that the bidder remedies systems of both countries are reasonably effective, although this is undermined by certain legal and structural factors. The key finding is that the design of bidder remedies systems affects their effectiveness. Thus, based on this and the lessons obtained from studying the two systems, this work towards the end presented a blueprint for any country wishing to design or redesign its remedies systems.