Fighting Corruption in Public Procurement: A Comparative by Sope Williams-Elegbe

By Sope Williams-Elegbe

Anti-corruption measures have firmly taken centre degree within the improvement time table of foreign organizations in addition to in built and constructing nations. One region during which corruption manifests itself is in public procurement and, hence, States have followed quite a few measures to avoid and diminish corruption in public procurement. One such mechanism for facing procurement corruption is to debar or disqualify corrupt providers from bidding for or another way acquiring govt contracts.

This publication examines the problems and demanding situations raised by way of the debarment or disqualification of corrupt providers from public contracts. imposing a disqualification mechanism in public procurement increases severe functional and conceptual problems, which aren't consistently thought of by way of legislative provisions on disqualification. the various difficulties that can come up from using disqualifications contain settling on no matter if a conviction for corruption needs to be a pre-requisite to disqualification, taking into account that corruption prospers in mystery, leading to a dearth of convictions. one other factor is figuring out the best way to stability the strain among granting sufficient procedural safeguards to a provider in disqualification court cases and never delaying the procurement strategy. yet another factor is figuring out the scope of the disqualification within the experience of opting for even if it applies to companies, usual people, subcontractors, subsidiaries or different people on the topic of the corrupt enterprise and no matter if disqualification will bring about the termination of present contracts.

The publication compares and contrasts the criminal, useful and institutional ways to the implementation of the disqualification mechanism within the ecu Union, the uk, the U.S., the Republic of South Africa and the realm financial institution.

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Additional info for Fighting Corruption in Public Procurement: A Comparative Analysis of Disqualification or Debarment Measures

Sample text

191 s 29................................................................................................................... 116–117, 121, 125, 128, 138, 225, 285–286, 293–294 s 1........................................................................................................... 117, 285 s 1(ee)............................................................................................................ 286 s 3(2)..............................................................................................................

249 Fraud Act 2006................................................................................................... 55 ss 2–4............................................................................................................... 54 Interpretation Act 1978 Sch 1.............................................................................................................. 189 Law Reform (Frustrated Contracts) Act 1943............................................. 232 Local Government Act 1972 s 49(1)..............................................................................................................

285 Table of Legislation xxxiii s 62................................................................................................................. 295 s 62(1)............................................................................................................ 285 Preferential Procurement Policy Framework Act 5 of 2000..... 74, 99–100, 151 s 1................................................................................................................... 151 s 2.....................................................................................................................

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