Conflict of Interest: An Epidemic Dilemma Within the South African Public Procurement System

Abstract

Background: Challenges of the South African public procurement system continues unabated to make visible footprints in the yearly Auditor-General’s reports. At the centre of the challenges is the failure to comply with the legislative framework regulating public procurement resulting in irregular expenditure. Compliance failures are at the root of evil deeds and misconduct in the South African public sector.

Setting: The existence of a plethora of legislative frameworks, polices and standard operating procedures and the yearly reports of the Auditor-General leaves one pondering in relation to   the difficulty for procurement officials to adhere to these prescripts.  

Aim: It against this notion that this conceptual paper gives an analysis of the impact of conflict of interests as suspect in chief on failure by procurement officials to adhere on procurement regulations. Of essence is to examine causal factors and inherent consequences which in most instances is conflicting interest by public officials.

Method: This paper analyses secondary data with regard to conflict of interest with in the South African public procurement system. This is done by means of literature and government documentation.

Conclusion: This paper concludes that the concept of conflict of interest is not new within the procurement space, yet procurement officials still grapple on how to effectively deal with it whenever it arises. This therefore calls for reform in procurement processes especially in ensuring consequentialism for wrongdoers.

Contribution: The paper contributes towards the shaping of public procurement policies and ethical guidelines in all spheres of government. This paper further contributes to the body of knowledge considering that it will unearth critical dimensions of conflict of interests particularly for the public sector.