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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 13 – Finance

General Financial Matters

217. Procurement

 

 

1) When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective.

 

2) Subsection (1) does not prevent the organs of state or institutions referred to in that subsection from implementing a procurement policy providing for
a) categories of preference in the allocation of contracts; and
b) the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination.

 

3) National legislation must prescribe a framework within which the policy referred to in subsection (2) must be implemented.