Browsing by Author "Williams, Sope"

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    Public procurement and corruption : the South African response
    (JUTA Law, 2007) Williams, Sope; Quinot, G.
    The purpose of this article is to examine corruption within public procurement and the measures that may be used to address it, in particular, the South African response to procurement corruption in the Prevention and Combating of Corrupt Activities Act 2004. The first part of the article briefly defines corruption and then considers the kinds of corrupt activity occurring in public procurement and the range of measures that may be adopted against this kind of corruption. Finally, the article critically examines an important legislative response to procurement corruption, namely the requirement in the Corruption Act for excluding persons who have been convicted of corruption from obtaining public contracts, and concludes with an assessment of the utility of this requirement.
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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)).