Regulating Construction Procurement Law in South Africa – Does the New Framework for Infrastructure Delivery and Procurement Management Undermine the Rule of Law?

Abstract

Recently, there have been numerous challenges in the legal regulation of construction procurement in South Africa. The Construction Industry Development Board and the National Treasury have brought about a number of new rules in the form of standards and frameworks in order to remove any contradictions and misalignment with applicable legislation. This article looks at the changes that have taken place in the regulation of construction procurement law and whether the new rules indeed assist in removing the challenges posed by previous rules. The research question to be answered is whether the new rules are in fact lawful.