Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Adjudication of bids within the public sector supply chain management process
Mini Dissertation (LLM)--University of Pretoria, 2017.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2018
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613601845477376 |
|---|---|
| access_status_str | Open Access |
| author2 | Cornelius, Steve J. |
| author_browse | Cornelius, Steve J. |
| author_facet | Cornelius, Steve J. |
| collection | Thesis |
| dc_rights_str_mv | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65684 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:45.051Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/65684 Adjudication of bids within the public sector supply chain management process Cornelius, Steve J. minebagat@gmail.com Matemotsa, Minah Bagatlamang UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. Section 217 of the Constitution1 states that, when organ of state within the national, provincial and local sphere contracts for goods or services, must do so in accordance with a system which is fair, equitable, transparent, competitive and cost effective. A number of legislations were enacted to deal with supply chain management processes within the public sector which legislations and regulations are often contradictory and confusing with no clear legal status. Organs of state are required to issue out an invitation to tender which is not open for acceptance by the highest bidder, but an invitation to potential bidders to make an offer that will be considered after the closing date for the particular tender. For the offer and acceptance to be valid and enforceable must comply with certain requirements. Once the offer is accepted, a contract which reflects the consensus reached between the parties, is formed. Once entered into, contracts are there not to be breached but entered into with the intention of having some benefit. However when parties breach the contract or when same is terminated and loss is suffered, parties may take a better look at the terms and conditions of their agreement. It is at that time that the parties may say their intention prior to signing the agreement is not correctly represented in the agreement and as such parties wish to state that the contract does not truly reflect their intention.2 It is at this point that process of interpretation becomes critical. It is the duty of the drafter to ensure that such invitation to do business is carefully drafted and has fully captured all the elements of the envisaged contract and excluded all elements of ambiguity which might create problems during the interpretation stage. In this document I intend to indicate the legislative framework governing supply chain management processes within the public sector and challenges encountered in the implementation of such legislations, the impact created by the lack of knowledge and skills by the persons entrusted with the duty to implement the legislations and non-compliance with policies and regulations relating to process. It is argued in this document that our law should be developed to fully recognize a bidding process as another form of contract creating rights and obligations and be interpreted in the same was as any other contract to eliminate most of the challenges in dealing with a bidding process. The further challenges created by the implementation of the myriad of legislations and policies regulating the public sector supply chain process be minimized by the enactment of a comprehensive integrated ‘one stop’ public procurement code. Private Law LLM Unrestricted 2018-07-16T07:56:08Z 2018-07-16T07:56:08Z 2018/04/17 2017 Mini Dissertation Matemotsa, MB 2017, Adjudication of bids within the public sector supply chain management process, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65684> A2018 http://hdl.handle.net/2263/65684 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Adjudication of bids within the public sector supply chain management process |
| title | Adjudication of bids within the public sector supply chain management process |
| title_full | Adjudication of bids within the public sector supply chain management process |
| title_fullStr | Adjudication of bids within the public sector supply chain management process |
| title_full_unstemmed | Adjudication of bids within the public sector supply chain management process |
| title_short | Adjudication of bids within the public sector supply chain management process |
| title_sort | adjudication of bids within the public sector supply chain management process |
| topic | UCTD |
| url | http://hdl.handle.net/2263/65684 |