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Public procurement regulation in Africa is not widely researched. To address the shortage of scholarship in this area and to promote future research, this book analyses the law governing public procurement in a number of African systems and looks at key themes relevant to all African states. Part I discusses the regulatory regimes of nine African systems using a common framework, providing both a focused view of these African systems and an accessible comparative perspective. In Part II, key regulatory issues in public procurement that are particularly relevant in the African context are assessed through a comparative approach. The chapters consider the influence of international regulatory regimes (particularly the UNCITRAL Model Law on procurement) on African systems and provide insights into the way public procurement regulation is approached in Africa.

The results of the review do not disappoint. The authors identified more than 120 cash transfer programs that were implemented between 2000 and mid-2009 in Sub-Saharan Africa. These programs have varying objectives, targeting, scale, conditions, technologies, and more. A sizable number of these programs conducted robust impact evaluations that provide important information, presented here, on the merits of cash transfer programs and their specific design features in the African context. The authors present summary information on programs, often in useful graphs, and provide detailed reference material in the appendixes. They highlight how many of the cash transfer programs in Africa that had not yet begun implementation at the time of writing will continue to provide important evaluation results that will guide the design of cash transfer programs in the region. In addition to presenting data and analysis on the mechanics of the programs, the authors discuss issues related to political economy. They highlight the importance of addressing key tradeoffs in cash transfers, political will, and buy-in, and they emphasize the need to build evidence-based debates on cash transfer programs. Useful anecdotes and discussion illustrate how some programs have dealt with these issues with varying degrees of success. This text will serve as a useful reference for years to come for those interested in large- and small-scale issues of cash transfer implementation, both in Africa and beyond. However, the book is not an end in itself. It also raises important questions that must be addressed and knowledge gaps that must be filled. Therefore, it is useful both in the information it provides and in the issues and questions it raises.

PurposePublic procurement capacity is composed of three facets: individual, organisational and an enabling national environment which encapsulates national legislation, policies and institutional arrangements that can facilitate or hamper the effectiveness of procurement. The purpose of this paper is to investigate the extent to which procurement capacity challenges in the national environment affect the effectiveness of infrastructure procurement by public agencies in Nigeria.Design/methodology/approachA total of 30 procurement capacity challenges drawn from literature were operationalized in a survey of infrastructure procurement personnel in different tiers of public agencies (i.e. local and state government) in order to ascertain the critical challenges affecting the effectiveness of infrastructure procurement. The survey yielded 288 responses, which were analysed using descriptive statistics, one-sample t-test and independent-samples t-test.FindingsChallenges related to transparency, integrity and accountability are amongst the topmost challenges adversely affecting the effectiveness of public infrastructure procurement. There is limited difference in the extent to which the challenges affect the effectiveness of infrastructure procurement in different tiers of public agencies in Nigeria.Originality/valueWhilst various procurement capacity challenges have been identified in the extent literature, this study has shown that an assessment of their effect on the effectiveness of infrastructure procurement could reveal valuable insights regarding the status of public infrastructure procurement within a country, particularly countries in Sub-Saharan Africa and other developing regions where there is acute infrastructure deficits. Such insights could inform appropriate infrastructure procurement reforms by policy makers, procurement entities and infrastructure funders.

The study gives background and importance of PPPs for a thriving economy that is afforded adequate support. It further provides key components of the legal PPP framework in South Africa and the role of clear Agreements in the successful completion of projects. It interrogates the question regarding what can be done differently to improve the outcomes of PPP projects. It specifies problem areas that impede on projects being completed with success and outline common PPP problems. The research also deals with specific projects that have been successfully completed at different levels of government. This is a direct indication that, although there may have been challenges that led to failures in the past, there is still good stories to tell about PPPs in South Africa. Focus is then turned to best practices, locally and internationally to improve the efficiency of PPP projects and their prospects of success. The study also observes that a well structured legal PPP framework has the potential to boost the economy and inspire other frameworks in developing and underdeveloped countries. Recommendations made require the National Treasury to play a more meaningful and active role in ensuring a higher success rate of PPP projects. Two key structures are recommended for the achievement of this objective.

The study begins with an overview of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and its flexibilities, delineating the legal requirements of the TRIPS agreement regarding their use. It then examines the challenges entailed in the beneficial interpretation and implementation of the TRIPS agreement at both the national and regional levels under the auspices of African Regional Intellectual Property Organization (ARIPO) and African Intellectual Property Organization (OAPI). The next section reviews the domestic antiretroviral (ARV) production experiences of Zimbabwe, Kenya, South Africa, and Ghana with an eye for evaluating the option of sustainable local production. The study is based on existing literature and on interaction with various key players and resource persons in government institutions, the private sector, and civil society groups, especially nongovernmental organizations (NGOs) at the national level. Information was gathered from officials of the regional patent institutions, OAPI and ARIPO, along with official documents of these institutions. International organizations involved in HIV/AIDS work in Sub-Saharan Africa (SSA) also provided input. The study was conducted under considerable time and logistical constraints, making it difficult to meet and interview all the persons that the authors wished to consult during travel across the African continent. Another limitation was the lack of an easily accessible database on ARVs and other HIV/AIDS medicines being used in Africa, their patent status, and their relative prices. National drug procurement bodies were often reluctant to divulge information on prices and quantities of medicines obtained.

The \"results agenda\" adopted by the World Bank and other donors aims to ensure that development assistance yields sustainable poverty reduction. Effective poverty reduction results from three main factors: sustained and inclusive growth, effective service delivery to the poor, and capable public sector institutions that are accountable to stakeholders for the results they achieve. The Annual Review of Development Effectiveness 2006 assembles evaluative evidence around three questions central to poverty reduction:How effectively has economic growth translated into poverty reduction in Bank-assisted countries and what factors have affected these results? What factors have led to high-quality results in areas that deliver services to the poor? What measures help raise the accountability of public institutions responsible for delivering and sustaining these results?The report identifies three key areas where the World Bank can further strengthen its effectiveness in helping countries reduce poverty.Economic growth has improved in many Bank client countries but a stronger focus on the nature of growth is needed to ensure that such growth leads to jobs for the poor and productivity increases in poorer regions and sectors where the poor earn their incomes. Consistent use of a clearly articulated results chain helps ensure that Bank country assistance programs and individual projects set realistic objectives, that key cross-sectoral constraints to achieving them are adequately considered and that due attention is given to building capacity. A realistic assessment of the political economy of governance-related reforms is needed to tailor efforts to increase the accountability of public sector institutions to local conditions.

In South Africa the government relies greatly on the tender process as regulated by various legislation and legal principles in order to obtain contracts for the procurement of goods and services needed to maintain, upgrade and advance the public assets.Since the Constitution came effect in 1997, various rules and principles regarding the public procurement process in South Africa was changed and expanded to recover and improve the new democratic South Africa.Chapter 1 consists of the introduction, objectives and the scope of this study.In chapter 2, I will discuss the public sector tender process, what it consists of and the applicable legislation and legal opinions in regards to the public procurement process.Chapter 3 will be a discussion about the drafting of the various tender documentation with a detailed focus on the drafting of an invitation to tender, the submitted tender, the awarding letter of a tender and the final contract.In chapter 4, I will discuss how the interpretation of contracts influences the public procurement process. I will discuss the applicable presumptions in detail and at the hand of recent case law.Chapter 5 of this study will consist of a conclusion and I will attempt to answer the research statement and questions above.

This dissertation has shown that public procurement regulation takes place through regulatory documents that mainly underwent a name change and that the only changes are found in the reporting framework. The South African government identified public procurement as an active instrument to achieve social and economic goals. To provide substance to this realisation, public procurement was taken up in the Constitution of the Republic of South Africa 1996. The constitution prescribes a procurement system that is fair, equitable, transparent, competitive and cost-effective.

The World Bank's strategy for Africa's future recognizes the central importance of industrialization in Sub-Saharan Africa, and the consequent creation of productive jobs for Africans, which have long been a preoccupation of African leaders and policy makers. This book represents an attempt to address these issues. The book stresses that, while the recent turnaround in Africa's economic growth is encouraging, this growth must be accompanied by structural transformation to be sustainable and to create productive employment for its people. For many African countries, this transformation involves lifting workers from low-productivity agriculture and informal sectors into higher productivity activities. Light manufacturing can offer a viable solution for Sub-Saharan Africa, given its potential competitiveness that is based on low wage costs and abundance of natural resources that supply raw materials needed for industries. This study has five features that distinguish it from previous studies. First, the detailed studies on light manufacturing at the subsector and product levels in five countries provide in-depth cost comparisons between Asia and Africa. Second, building on a growing body of work, the report uses a wide array of quantitative and qualitative techniques, including quantitative surveys and value chain analysis, to identify key constraints to enterprises and to evaluate differences in firm performance across countries. Third, the findings that firm constraints vary by country, sector, and firm size led us to adopt a targeted approach to identifying constraints and combining market-based measures and selected government interventions to remove them. Fourth, the solution to light manufacturing problems cuts across many sectors and does not lie only in manufacturing alone. Solving the problem of manufacturing inputs requires solving specific issues in agriculture, education, and infrastructure. Fifth, the report draws on experiences and solutions from other developing countries to inform its recommendations. The report's goal is to find practical ways to increase employment and spur job creation in Sub-Saharan Africa. La stratégie de la Banque mondiale pour l’avenir de l’Afrique reconnaît l’importance centrale de l’industrialisation de l’Afrique subsaharienne et la création d’emplois productifs pour les Africains, industrialisation et création d’emplois qui sont de longue date la préoccupation des leaders et dirigeants politiques africains. Ce livre s’efforce de traiter ces questions. Si le récent redressement de la croissance de l’économie africaine est encourageant, pour que cette croissance soit durable, elle doit s’accompagner d’une transformation structurelle et créer des emplois productifs pour la population. Pour de nombreux pays africains, cette transformation implique le passage de nombreuses personnes actives des secteurs agricole et informel à productivité faible à des activités plus productives. L’industrie légère peut offrir une solution viable à l’Afrique subsaharienne, étant donné la compétitivité potentielle de celle-ci qui repose sur la faiblesse de ses coûts salariaux et sa richesse en ressources naturelles susceptibles de constituer les matières premières nécessaires aux industries. Au moyen de cinq outils d’analyses et sources de données, ce livre étudie les obstacles contraignants dans chacun des cinq secteurs d’activité qu’il couvre : le vêtement, les articles en cuir, les produits métalliques, les produits agroindustriels et les articles en bois. L’Éthiopie est utilisée comme exemple, le Vietnam comme pays de comparaison et la Chine comme référence, tandis que des aperçus sont donnés sur la Tanzanie et la Zambie afin d’en tirer des enseignements pour l’ensemble de l’Afrique subsaharienne. Le texte recommande un programme de politiques ciblées dans le but d’exploiter l’avantage comparatif latent de l’Afrique dans certaines industries légères, en particulier les articles en cuir, le vêtement et les produits agricoles transformés.