The liability of state officials for public procurement irregularities

Abstract

Abstract

This research focuses on liability of the state officials with regard to the public procurement irregularities on the procurement of goods and/or services, the delimitation of such liabilities, and remedies, for non-compliance with the Constitution and certain key public procurement legislation. This research identifies certain public procurement irregularities, and discusses some of the conceptual principles of liability under the administrative law, law of delict and law of contract, for these irregularities. The research illustrates the state officials’ liabilities with regard to their wrongful conducts in the public procurement of goods and/or services, public resources, good governance, and on social-economic conditions. After reviewing the range of approaches of the public procurement legislation with regard to the state officials’ liabilities, a conclusion is that government, judiciary and the public need to come together and take a decision to hold the state officials liable for the public procurement irregularities which results from the wrongful conducts of the officials. Liabilities of the state officials for the public procurement irregularities appear to be lacking some theoretical basis because of its interconnection with the administrative law, law of contract, criminal law and law of delict, which affects the systematic implementation and enforcement of the constitutional obligations with regard to the procurement of goods or services.