The Gauteng provincial government will approach the Constitutional Court about the open tender system to determine if it can enact legislation that enhances public accountability and transparency. The state legal adviser has queried whether a provincial government can pass legislation on procurement matters. Gauteng has been championing the open tender system, which allows public adjudication of tenders, ever since Premier David Makhura took over the reins of the administration. To date, R13bn worth of tenders have been publicly adjudicated. A bill to table in the legislature had already been prepared, finance MEC Barbara Creecy said during her medium-term budget statement on Thursday. "In our view, this proposed legislation speaks to the mechanisms provincial government is using to ensure implementation of section 217 of our Constitution and section 38(1) of the Public Finance Management Act," Creecy said. Section 217 of the Constitution provides that when an organ of state in the ...

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