This thesis deals with a very important issue in government, i.e. the process of procuring goods and services. The state is the biggest consumer of goods and services in South Africa and with the increasing privatisation of government services, the ambit of procurement is expanding.<br /> <br /> Government procurement is afforded constitutional status in South Africa. Section 217 of the Constitution provides that the state must contract for goods or services in a manner which is fair, equitable, transparent, competitive and cost-effective. This does not prevent the state from using procurement as a policy instrument, i.e. to, for example, address past discriminatory policies and practices. Legislation must furthermore be enacted to make provision for the use of procurement as a policy tool.<br /> <br /> A number of statutes have been enacted to reflect the constitutional status of government procurement in South Africa. In addition to these statutes, government procurement decisions and procedures are regulated by the common law, in particular, the law of contract and the law of delict. The general rules of constitutional and administrative law also apply to government procurement.<br /> This thesis evaluates the way in which the legal regime in South Africa collectively gives effect to section 217 of the Constitution. First, the constitutional standard against which the elements of the legal regime can be measured is set out. In doing so, meaning is given to the different principles in section 217 (fairness, equity, transparency, competitiveness and cost-effectiveness) and attention is given to the legal nature of the principles and the relationship that exists between the different principles. The focus then shifts to how the principles are given effect to in legislation / how the courts give meaning to the different principles / whether there is compliance with the principles throughout the procurement process, i.e. from the time that the decision is made to procure goods or services until the conclusion of a contract and completion of contractual performances / and whether adequate provision is made for the effective enforcement of the principles in practice.<br /> <br /> It is argued that aside from a few shortcomings, the legal regime in South Africa generally gives adequate effect to section 217 of the Constitution. Not only has the procurement procedures and decisions of the state been constitutionalised, section 217 can be said to capture the most essential elements of a good procurement system. The principles of fairness, transparency and value for money, in particular, are generally regarded as the cornerstone of good procurement practices. The principles in section 217 will furthermore form part of South Africa&rsquo / s government procurement system for a very long period of time. The state will therefore always have to take serious account of the principles in section 217 and ensure compliance therewith.

This thesis deals with a very important issue in government, i.e. the process of procuring goods and services. The state is the biggest consumer of goods and services in South Africa and with the increasing privatisation of government services, the ambit of procurement is expanding.<br /> <br /> Government procurement is afforded constitutional status in South Africa. Section 217 of the Constitution provides that the state must contract for goods or services in a manner which is fair, equitable, transparent, competitive and cost-effective. This does not prevent the state from using procurement as a policy instrument, i.e. to, for example, address past discriminatory policies and practices. Legislation must furthermore be enacted to make provision for the use of procurement as a policy tool.<br /> <br /> A number of statutes have been enacted to reflect the constitutional status of government procurement in South Africa. In addition to these statutes, government procurement decisions and procedures are regulated by the common law, in particular, the law of contract and the law of delict. The general rules of constitutional and administrative law also apply to government procurement.<br /> This thesis evaluates the way in which the legal regime in South Africa collectively gives effect to section 217 of the Constitution. First, the constitutional standard against which the elements of the legal regime can be measured is set out. In doing so, meaning is given to the different principles in section 217 (fairness, equity, transparency, competitiveness and cost-effectiveness) and attention is given to the legal nature of the principles and the relationship that exists between the different principles. The focus then shifts to how the principles are given effect to in legislation / how the courts give meaning to the different principles / whether there is compliance with the principles throughout the procurement process, i.e. from the time that the decision is made to procure goods or services until the conclusion of a contract and completion of contractual performances / and whether adequate provision is made for the effective enforcement of the principles in practice.<br /> <br /> It is argued that aside from a few shortcomings, the legal regime in South Africa generally gives adequate effect to section 217 of the Constitution. Not only has the procurement procedures and decisions of the state been constitutionalised, section 217 can be said to capture the most essential elements of a good procurement system. The principles of fairness, transparency and value for money, in particular, are generally regarded as the cornerstone of good procurement practices. The principles in section 217 will furthermore form part of South Africa&rsquo / s government procurement system for a very long period of time. The state will therefore always have to take serious account of the principles in section 217 and ensure compliance therewith.

Not all documents are records. One of the central concerns of contemporary governance is the reduced or complete lack of accountability among public officials when rendering public services. In the absence of accountability and records, corruption thrives. This research examines the relationship that exists between transparency, accountability and record keeping in order to find the effect that records has; in terms of producing positive audit outcomes and in eliminating corrupt activities by public official/s. Since the transition to democracy in South Africa, the new constitution demands transparency and accountability on matters of governance supported with available information (records). Various pieces of legislation in South Africa are available in support of timely, accessible and accurate information in pursuit of official duties. The difficulty in ensuring an effective record keeping creates an opportunity for governance, transparency and accountability to fail. The essence of this research undertaking was motivated by the fact that, absence of records (which has a negative effect in achieving clean audits) renders governance chaotic and infringes on the democratic principles enshrined in the Constitution such as accountability and transparency. The purpose of the study was to investigate the practice of record keeping in the Eastern Cape Provincial Department of Basic Education (ECDoE) in ensuring accountability and transparency. This research undertaking was guided by the following three research questions: (1) what is the legal/normative framework that governs record keeping in South African public service? (2) How does ECDoE practice record-keeping in ensuring accountability and transparency? And (3) how does the practice of ECDoE’s record-keeping compare with the requirements of the legal/normative framework? After all the gathering of information from different sources, it is therefore recommended that the ECDoE send its employees for records management courses and there must be strict adherence to legislation and recommendations made by the Auditor General in his last audit report for the department. During the conduct of this research undertaking, these are the findings that emerged from the study: at the ECDoE (1) There is no adequate training provided to employees in record keeping. (2) There are ineffective internal control systems. (3) There is no risk management contingency plan. (4) There is no proper record keeping. (5) There is non-compliance with legislation by officials. (6) There is no strong or effective leadership. (7) There is shortage of staff and qualified personnel. (8) Lack of commitment to excel. (9) No significant corrective action undertaken to eliminate past inaccuracies. (10) There is absence of following up on recommendations made by the external audit. Lastly, the researcher accepts the arguments raised by the different authors about record keeping, transparency and accountability in that: there can be no accountable and transparent government without an effective record-keeping in place. Records are vital sources of evidence admissible to any institution be it a court of law or standing committees should clarity be required.

The state of the Tendering Process in South African Government Institutions has become an area of concern in recent years with issues related to transparency, governance and rigid retrospective procedures being cited as impediments to efficiency. In tum, Knowledge Management (KM) and its ability to be applied to all types of organisations to increase efficiency has been popularised extensively. An analysis of KM literature suggested that the principles of KM may be used to increase efficiency and create competitive advantage. This study attempted to identify whether the benefits gained by other organisations through the application of Knowledge Management principles, could be applied to the Tendering Process in South African Government Institutions. The study sought to identify how Knowledge Value Chain by Wang and Ahmed (2005) may be leveraged to create an enhanced Tendering Process. The study then reviewed the Tendering Processes conducted in Australia, United States of America, Malaysia and South Africa and sought to identify the common steps in a tendering process in order to construct a standard tendering process. The Knowledge Value Chain was then applied to this process to create a standard tendering process enhanced by Knowledge Management Principles. The model was compared to the processes currently conducted in two Government institutions and two parastals. The findings indicated that the model is well suited for Government Organisations and would assist in the creation of greater transparency, however the practical implementation of the model is yet unlikely as the model suggest electronic access to information, and the process in South African Government Institutions is predominately paper-based.