Decentralization and Accountability Challenges to Appointing Independent Bid Committees in the Public Sector
This chapter investigates the effect of overlayered regulatory policy on public procurement practice. Litigation brought forth in Allpay Consolidated Investment Holdings and Others resulted in a better formulation of preferential procurement in South Africa. Thus, Jenkins revisits the case to draw implications for administrative decentralization. The author argues that the Allpay Consolidated case reveals a lacuna in parliamentary and administrative regulatory powers at the municipal, provincial, and national levels. More particularly, the essay identifies the practice of swapping public servants between different agencies and the function of the accounting officers in provincial and municipal bid committees as problematic because they contribute to a dysfunctional public procurement accountability system.