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Prior to 1994, the government procurement system in South Africa favoured large and established businesses and it was very difficult for newly established business to enter the procurement system. In 1994, however, government procurement was granted constitutional status, and was recognised as a means of addressing past discriminatory policies and practices. This paper critically analyses the way in which provision has been made in legislation for the use of procurement as a policy tool. It is argued that the use of procurement as a policy tool in South Africa is justified. On the whole, the primary legislation dealing with the use of procurement as a policy tool offers an adequate effect to the constitutionally prescribed use of procurement as a policy tool.

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