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Quinot, Geo --- "Constitutionalising public procurement through human rights: lessons from South Africa" [2019] ELECD 1136; in Martin-Ortega, Olga; Methven O'Brien, Claire (eds), "Public Procurement and Human Rights" (Edward Elgar Publishing, 2019) 78

Book Title: Public Procurement and Human Rights

Editor(s): Martin-Ortega, Olga; Methven O’Brien, Claire

Publisher: Edward Elgar Publishing

Section: Chapter 5

Section Title: Constitutionalising public procurement through human rights: lessons from South Africa

Author(s): Quinot, Geo

Number of pages: 18

Abstract/Description:

For more than 20 years public procurement has been used in South Africa as a policy tool to advance particular human rights, primarily equality, in addressing the discriminatory legacies of colonialism and apartheid. The South African public procurement regulatory framework provides an example of how public procurement in pursuit of human rights can be implemented by means of a range of regulatory instruments. The development of this regulatory framework illustrates the strengths and weaknesses of various legal instruments and the trade-offs to be made in designing public procurement law that is explicitly aimed at achieving human rights objectives.


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