Investigating the challenges of monitoring and enforcement of preferential procurement regulations in South African local government

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2026

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University of Cape Town

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This thesis examined the challenges of monitoring and enforcing preferential procurement regulations in South African local government. The policies of the non-democratic regime created racial disproportions in South Africa and resulted in a need for the transformation of public procurement systems to empower the historically disadvantaged individuals (HDIs) to access government procurement opportunities. The Preferential Procurement Policy Framework Act (PPPFA) serves as a basis for state organs to operationalize their preferential procurement policies, using a system of preferential points. The study focused on factors that constrain and undermine the monitoring and compliance mechanisms for the implementation of preferential procurement in local government. The study adapted and applied a qualitative approach, underpinned by the interpretivist paradigm, to delve into the subject matter. To this end, data were collected through semi- structured interviews involving a sample of eight participants, who were selected using a non- probability sampling method, specifically employing the purposive sampling technique. The gathered insights were subjected to a thematic analysis, where a set of assumptions was set to guide the factors that constrain the National Treasury's (NT) monitoring and oversight role. The findings were subsequently discussed based on the emerging themes, and revealed that the NT, as an oversight body, does not have the necessary powers and authority to monitor compliance with municipalities. It further identified four challenges constraining the oversight powers: a lack of a comprehensive monitoring tool for local government, non- compliance and poor internal controls in municipalities, and the incapacity of SCM practitioners and integrated systems. Therefore, the study investigated the challenges of monitoring and enforcement of preferential procurement legislation in the South African local government. This study contends that monitoring and oversight authority should be granted to the public procurement oversight bodies to enforce and support local government.
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