Cape Town mayor takes Ramaphosa and government to ConCourt
City of Cape Town mayor Geordin Hill Lewis has approached the Constitutional Court challenging government and President Cyril Ramaphosa over the Public Procurement Act which he claims will slow down service delivery and undermine the constitutional autonomy of local government.
Hill-Lewis said the challenge in the apex court points out problems which render parliament's adoption of the bill unlawful.
The bill was enacted in July 2024 with the Presidency announcing it complies with the stipulation in the constitution that 'contracting of goods and services by organs of state in all spheres of government must occur in accordance with a system which is fair, equitable, transparent, competitive and cost-effective'.
The Presidency at the time said national legislation must prescribe a framework within which a procurement policy must be implemented.
The bill was intended to address weaknesses in the procurement of goods and services by organs of state that have in the past enabled corruption, including state capture.
Previously, the legislation regulating procurement was said to be fragmented and constraining.
Hill-Lewis pointed out that seven of nine provinces did not have lawful final mandates to vote on the bill in the National Council of Provinces (NCOP). He added there were inadequate public participation timeframes and notice periods by provinces and the NCOP.
There was also incorrect information in reports considered by the NCOP and National Assembly and the Assembly failed to consult on changes to chapter 4, did not consider all public comments and failed to comply with the rules for introducing a bill.
'We believe this [act] should be invalidated due to fatal shortcomings in public participation and parliament's procedures. Beyond these issues, it is vital that any new consideration of the [act] takes into account the huge red tape burden it will place on local government and the unconstitutional interference it permits in municipalities.
'At a local level, we often have to procure fast to respond to urgent water, sanitation, electrical, waste and environmental issues. This [act] impedes the ability to respond swiftly to local needs by introducing more red tape to complicate procurements. This inefficiency will have a direct effect on service delivery to residents.'
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