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Refereed articles

The exclusion of contractors from government contract awards

Phoebe Bolton critically analyses South African legislation dealing with the exclusion of contractors from government contract awards because of non-payment of taxes, unsatisfactory contractual performance under a previous contract or fraud or corruption. The author finds that the legislation in general succeeds in giving effect to the principles of fairness, competitiveness and cost-effectiveness which are prescribed for government procurement in section 217 of the Constitution.

The legislation does, however, leave some room for an interpretation which may be unduly harsh towards contractors. With reference to experience in other countries the author argues for an interpretation which would ensure that action taken in terms thereof complies with section 217 and with the principles of administrative justice.

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