Postgraduate Diploma in Public Procurement Policy and Regulation

Purpose

The purpose of this qualification is to establish and deepen the student's knowledge of Public Procurement Law and enable working professionals to support their own enterprise and strengthen their existing skillset. The qualification will expose non-legal learners to the methodology of legal practice (specifically in public procurement regulation), legal research and the application of the law in the context of public procurement.

The qualifying learners will be able to know various areas of practice in public procurement law and focus on the issues of legal application in South Africa and abroad, by studying various instruments for the regulation of public procurement.

Rationale

The legal regulation of public procurement has consistently been recognised as one of the key areas for attention in promoting better procurement. In South Africa in particular, the National Development Plan consistently highlights the importance of public procurement as a tool for development.

It is estimated that in sub-Saharan Africa there are about 600 000 public procurement officials and in South Africa about 37 000. Since public procurement necessarily involves a transaction between the public and private sectors, it follows that these numbers are at least matched in the private sector. However, there are very few opportunities for training in this field. There is a significant need for training, not only in light of the fast pace of development in the field, but also because of the very significant scope of public procurement in financial and developmental terms. This qualification is targeted at both administrators working in supply chain management units within governments and professional advisors to government suppliers that do not necessarily have an undergraduate Degree in Law.

The qualification is specifically designed to create an additional articulation possibility for a wide range of National Qualifications Framework (NQF) qualifications which contain direct links to, or develop essential skills in, public procurement regulation practices.

Recognition of Prior Learning (RPL)

Recognition of Prior Learning and/or workplace experience will form an integral part of the admission into the qualification and will be done in accordance with the institution's RPL policy.

Entry Requirements

The minimum entry requirement for this qualification is

• A Bachelor's Degree at Level 7.

This qualification comprises compulsory and elective modules at Level 8 totalling 120 Credits.

Compulsory Modules, 60 Credits

• International Legal Regimes on Public Procurement, 30 Credits.
• Public Procurement Regulation and Policy in South Africa, 30 Credits.

Elective Modules, 30 Credits (choose two modules)

• Policy and Public Procurement Law, 30 Credits.
• Corruption and Procurement, 30 Credits.
• Infrastructure Procurement Regulation and Policy in South Africa, 30 Credits.
• Defence Procurement, 30 Credits.
• Procurement Law Compliance, 30 Credits.

1. Demonstrate an understanding of how international regimes on procurement operate.
2. Describe the legal and policy framework applicable to public procurement in South Africa.

Associated Assessment Criteria for Exit Level Outcome 1

• Evaluate the regulation of public procurement from and international perspective.
• Explain the theory and practice of international public procurement regimes such as United Nations Commission on International Trade Law (UNCITRAL) Model Law, the European Union (EU) Procurement Directives, the World Trade Organisation (WTO) Government Procurement Agreement and procurement regulation by the multilateral development banks.
• Apply the application of the regulations pertaining to international procurement regimes.
• Evaluate the rules that apply to international procurement within different contexts.
• Formulate and support arguments based on public procurement issues.
• Judge the role and importance of public procurement to development.

Associated Assessment Criteria for Exit Level Outcome 2

• Evaluate the regulation of public procurement from a South African perspective.
• Apply the regulations pertaining to public procurement in South Africa.
• Evaluate the rules that apply to public procurement at the different levels of government in South Africa.
• Formulate and support arguments based on public procurement issues.
• Judge the role and importance of public procurement to development in South Africa.

Integrated Assessment

The assessment policy for this qualification has been developed in light of the Assessment Policy of the institution.

Each module will include more than one assessment opportunity and the use of more than one type of assessment opportunity (prepared and unprepared written tests, oral examinations, oral presentations, written assignments, online assessments) is provided for. Similarly, each module will include elements of Formative and Summative Assessment.

The written tests, oral presentations and examinations, oral presentations, written assignments and online assessments will be evaluated according to the following assessment criteria.