Latest news with #PublicProcurementAct

The Herald
2 days ago
- Politics
- The Herald
Cape Town mayor takes Ramaphosa and government to ConCourt
City of Cape Town mayor Geordin Hill Lewis has approached the Constitutional Court challenging government and President Cyril Ramaphosa over the Public Procurement Act which he claims will slow down service delivery and undermine the constitutional autonomy of local government. Hill-Lewis said the challenge in the apex court points out problems which render parliament's adoption of the bill unlawful. The bill was enacted in July 2024 with the Presidency announcing it complies with the stipulation in the constitution that 'contracting of goods and services by organs of state in all spheres of government must occur in accordance with a system which is fair, equitable, transparent, competitive and cost-effective'. The Presidency at the time said national legislation must prescribe a framework within which a procurement policy must be implemented. The bill was intended to address weaknesses in the procurement of goods and services by organs of state that have in the past enabled corruption, including state capture. Previously, the legislation regulating procurement was said to be fragmented and constraining. Hill-Lewis pointed out that seven of nine provinces did not have lawful final mandates to vote on the bill in the National Council of Provinces (NCOP). He added there were inadequate public participation timeframes and notice periods by provinces and the NCOP. There was also incorrect information in reports considered by the NCOP and National Assembly and the Assembly failed to consult on changes to chapter 4, did not consider all public comments and failed to comply with the rules for introducing a bill. 'We believe this [act] should be invalidated due to fatal shortcomings in public participation and parliament's procedures. Beyond these issues, it is vital that any new consideration of the [act] takes into account the huge red tape burden it will place on local government and the unconstitutional interference it permits in municipalities. 'At a local level, we often have to procure fast to respond to urgent water, sanitation, electrical, waste and environmental issues. This [act] impedes the ability to respond swiftly to local needs by introducing more red tape to complicate procurements. This inefficiency will have a direct effect on service delivery to residents.'

TimesLIVE
2 days ago
- Politics
- TimesLIVE
Cape Town mayor takes Ramaphosa and government to ConCourt
City of Cape Town mayor Geordin Hill Lewis has approached the Constitutional Court challenging government and President Cyril Ramaphosa over the Public Procurement Act which he claims will slow down service delivery and undermine the constitutional autonomy of local government. Hill-Lewis said the challenge in the apex court points out problems which render parliament's adoption of the bill unlawful. The bill was enacted in July 2024 with the Presidency announcing it complies with the stipulation in the constitution that 'contracting of goods and services by organs of state in all spheres of government must occur in accordance with a system which is fair, equitable, transparent, competitive and cost-effective'. The Presidency at the time said national legislation must prescribe a framework within which a procurement policy must be implemented. The bill was intended to address weaknesses in the procurement of goods and services by organs of state that have in the past enabled corruption, including state capture. Previously, the legislation regulating procurement was said to be fragmented and constraining. Hill-Lewis pointed out that seven of nine provinces did not have lawful final mandates to vote on the bill in the National Council of Provinces (NCOP). He added there were inadequate public participation timeframes and notice periods by provinces and the NCOP. There was also incorrect information in reports considered by the NCOP and National Assembly and the Assembly failed to consult on changes to chapter 4, did not consider all public comments and failed to comply with the rules for introducing a bill. 'We believe this [act] should be invalidated due to fatal shortcomings in public participation and parliament's procedures. Beyond these issues, it is vital that any new consideration of the [act] takes into account the huge red tape burden it will place on local government and the unconstitutional interference it permits in municipalities. 'At a local level, we often have to procure fast to respond to urgent water, sanitation, electrical, waste and environmental issues. This [act] impedes the ability to respond swiftly to local needs by introducing more red tape to complicate procurements. This inefficiency will have a direct effect on service delivery to residents.'

CBC
26-02-2025
- Business
- CBC
St. John's city council looking to avoid U.S. products, possibly shutter X account
St. John's city council is asking the provincial government for more leeway in procurement decisions, with the goal of avoiding U.S. products and services as President Donald Trump's tariffs loom. Deputy Mayor Sheilagh O'Leary introduced a motion at Tuesday's council meeting, which asks city staff to explore options for responding to U.S. tariffs. "We're going to be dinged big time with the tariffs that are coming in," O'Leary said in an interview with CBC Radio's The St. John's Morning Show. "These are things that we can't control. So what can we control? What kind of processes can we continue to support local community?" Council voted unanimously in favour of the motion. However, municipal procurement processes in Newfoundland and Labrador are governed by provincial legislation — meaning the city has limited options. "We can't control who we say yes and no to. We have very strict parameters," O'Leary said. During Tuesday's council meeting, Mayor Danny Breen said he'll write to Premier Andrew Furey to share the city's plans and to ask for changes to the Public Procurement Act. Breen said the letter will also be shared with Prime Minister Justin Trudeau. CBC News has asked Gerry Byrne, the minister responsible for the provincial procurement agency, for comment on the city's request. Though Trump has previously said 25 per cent tariffs on Canada would move forward on March 4, on Wednesday the White House clarified that a final decision has yet to be made. O'Leary's motion comes at a time when politicians across the country — including in Newfoundland and Labrador — are encouraging Canadians to buy local. Amy Coady, president of Municipalities Newfoundland and Labrador, said she's heard from municipalities across the province about the potential impact of U.S. tariffs, including job losses and the effects on industry. Coady said municipalities try to support local, but they are bound by provincial regulations. "Obviously we have a responsibility to our residents to keep costs as low as possible," she said. Coady said Municipalities N.L. is working with the provincial government to create a list that municipalities can use to find Canadian suppliers of various items. O'Leary asks staff to shut down St. John's X account O'Leary's motion also calls on staff to look at closing the city's account on the social media platform X, formerly known as Twitter, which is owned by Elon Musk, one of Trump's closest allies. "It has become a vessel certainly of vitriol," she said. O'Leary called Musk "a Nazi," referring to the accusation that he gave Nazi salutes at last month's presidential inauguration. Musk has also supported anti-Semitic conspiracy theories on X. O'Leary said she's worried about Musk's influence on foreign politics, pointing to his support for Germany's far-right Alternative for Germany party. She pointed to Victoria, B.C. as one Canadian municipality which has shut down its X account. Cambridge, Ont. shut down its X account earlier this week. Staff are currently reviewing the St. John's social media accounts. On Wednesday, N.L. Public Libraries announced it would be closing its X account. However, the provincial government its keeping its X accounts, at least for now. O'Leary said her motion is also about standing up for human rights. Trump has signed several executive orders targeting transgender people, including one that declares a person's gender can't be changed. During Tuesday's meeting, Ward 2 Coun. Ophelia Ravencroft, who is transgender, said she cancelled a trip to the United States earlier in February due to Trump's policies and has fears about what he may do next.