Dynamic of procurement processes and application: the case of the University of KwaZulu-Natal.

Abstract

Public procurement in South Africa is constitutionally mandated under Section 217 of the 1996 Constitution, which stipulates that procurement processes must be conducted in a fair, equitable, transparent, competitive, and cost-effective manner. Although higher education institutions (HEIs) operate with institutional autonomy, their significant reliance on public funding subjects them to these constitutional provisions. Persistent non-compliance with procurement regulations and inefficiencies in service delivery, however, remain critical challenges in the South African context. This study investigates the extent to which universities comply with constitutional requirements and adopt procurement best practices that have been shown to enhance efficiency, reduce waste, optimize supplier relationships, and contribute to institutional sustainability. Procurement best practices are conceptualized as standardized approaches that support strategic spend management and supplier base optimization, thereby advancing long-term value creation. Employing a qualitative, exploratory, and descriptive design, the research was conducted in two phases: a review of relevant literature and an empirical investigation. Data was collected through virtual interviews with procurement staff at the University of KwaZulu-Natal, selected for their expertise in institutional procurement processes. Data saturation was achieved with seven participants. Findings highlight ambiguities within the constitutional framework, particularly the lack of alignment between Section 217 and Section 239 regarding the definition and scope of organs of state. While HEIs are not explicitly classified as organs of state, principles of good governance necessitate compliance with procurement regulations. The study further reveals that existing regulatory frameworks, both locally and globally, provide structural guidance but lack interpretive flexibility, rendering them inadequate for complex and time-sensitive procurement within universities. The study concludes that the effectiveness of procurement in HEIs depends on the integration of digital platforms, continuous capacity development, periodic policy review, and rigorous compliance mechanisms. Such measures are essential to advancing accountability, enhancing supplier performance, and supporting sustainable higher education development.