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Media Statement
Government upholds legal transformation and empowerment with new Procurement System
04 November 2023
The Department of Justice and Constitutional Development has noted the judgment of the High Court of South Africa in the Gauteng Division. The court dismissed and struck off the roll of an application by the Pan African Bar Association (PABASA) to halt the implementation of a new procurement system for legal services.
The government is committed to its mission to minimize litigation and promote alternative dispute resolution methods, particularly in its interactions with private legal practitioners. In alignment with this commitment, the state has introduced Tender RT19-2024, a measure designed to enhance the outsourcing and briefing of state legal work.
In pursuit of this objective, we maintain an open dialogue with the legal profession to ensure that the procurement system we aim to establish not only advances the profession but also adheres to the standards outlined by the National Treasury and the Auditor General of South Africa.
This new procurement system is specifically designed to address the challenges associated with the existing quotation process, a step taken in response to adverse audit reports regarding the state attorney's non-compliance with the system. At its core, this new system seeks to alleviate the quotation-related difficulties experienced by advocates in the profession when engaged in state-related work.
The strategy for inclusivity remains at the forefront of our approach, ensuring that a new cohort of legal practitioners, both attorneys and advocates, entering the profession after the closing date of the tender is not overlooked.
The Solicitor-General, Mr. Fhedzisani Pandelani, affirmed our unwavering commitment to inclusivity within the legal profession. We extend opportunities to all legal practitioners, encompassing both attorneys and advocates.
The government's dedication to a just and impartial process remains steadfast, adhering to government procurement guidelines from the tender's closure to the adjudication and eventual implementation of RT19-2024.
We extend an open invitation to all stakeholders to join the government in this transformative journey to create a legal environment that genuinely reflects the diverse and dynamic landscape of South Africa.
Our ultimate objective is the establishment of a procurement system that is characterized by fairness, inclusivity, and empowerment, resulting in benefits for all involved parties.
Enquiries:
Mr. Victor Mateane Phala
Department of Justice and Constitutional Development
084 888 5162
Vphala@justice.gov.za