05 March 2010
	When being right isn't enough

Amid cries of flouted rules and flawed procedures, members of the ruling party stand accused by its opponents and its alliance partners of using state tenders as a means to quick personal enrichment. But if they do scramble to fix the system, authorities need to be reminded that restoring its integrity - making it clean, transparent and fair - is not just about legal and ethical procedures. The process has to be supported by mechanisms that provide for quick independent review and resolution of complaints, without compromising or delaying projects. The legal guidelines from the treasury are perfectly clear, but if an unsuccessful bidder decides to lodge a complaint or seek a high court interdict to have a tender award reviewed, the process moves at a glacial pace. Lawyers say it can take two years for a legal challenge to work through the system - a delay that can be as damaging as corruption and fraud. At present, any person is entitled to lodge a complaint against an award - but this does not stop the commencement of works and the delivery of goods and services. Though an aggrieved person can approach the courts for an urgent interdict, these are notoriously difficult to secure without having all the information to hand - and too often requests for information are not handled expeditiously. Should the court eventually rule in favour of the aggrieved party, it may be too late for anything to be done. Admittedly, these problems are more the result of the bureaucratic legal process than procedural and administrative fault lines. But addressing the delays will need a committed effort from both treasury officials and legal professionals. Procurement in SA is a vital economic service to the country, in particular in building emerging businesses and entrepreneurs. Ensuring that the playing field is open and fair will be a significant step forward.