Constitution S217
All SectorsConstitution of the Republic of South Africa, Section 217
Section 217 of the Constitution is the foundational legal provision for all public procurement in South Africa. It establishes five core principles that every procurement system must follow: fairness, equity, transparency, competitiveness, and cost-effectiveness. This section also explicitly authorizes the use of preferential procurement policies to address historical inequalities. Any procurement legislation, regulation, or practice in South Africa must be consistent with these constitutional principles.
Five Core Principles
Procurement must be fair, equitable, transparent, competitive, and cost-effective.
Preferential Procurement Mandate
The Constitution explicitly permits organs of state to implement preferential procurement policies for categories of persons disadvantaged by past discrimination.
Legislative Framework
National legislation must prescribe the framework within which procurement policies must be implemented.
- Ensure procurement processes adhere to all five constitutional principles
- Verify that preferential procurement policies are applied within the legislative framework
- Document how fairness and transparency were maintained throughout the bidding process
- Confirm that cost-effectiveness was considered alongside transformation objectives