Good governance in public procurement : a South African case study

It is a generally accepted principle of good governance that effective legal remedies should be available in the case of the breach of a legal duty by a procuring entity. In public procurement this will, amongst others, ensure accountability, equitability and the integrity of the procurement regime. A number of international instruments contain prescriptions on remedies that will vindicate the rights of participants in the procurement process. It is generally accepted that a range of remedies may qualify as effective and that effective remedies are not limited to orders ad pecuniam solvendam.