Prof Phoebe Bolton

Professor

B.Proc, LLB (cum laude), LLM, LLD (UWC)

 

 

Prof Phoebe Bolton joined the Public Law Department in January 2010. She is the author of a number of publications in the area of government contracts and government procurement, including The Law of Government Procurementin South Africa (LexisNexis Butterworths, South Africa, 2007). The book is the first comprehensive and structured analysis of the law on government contracts and government procurement in South Africa and the only major African legal text on procurement regulation. Prof Bolton is the recipient of numerous academic awards, including the CODESRIA prize for the best doctoral thesis produced in Africa in 2006, the Andrew Mellon Foundation Fellowship, the Abe Bailey Travel Bursary, the DAAD in-country Scholarship and the DAAD Scholarship for Young Academics and Scientists. Funding from the National Research Foundation is currently enabling her to continue her research in the area of public procurement regulation. A British Academy grant moreover funds a project in partnership with the Public Procurement Research Group at Nottingham University, United Kingdom. The main objective of the project is to raise the academic profile of public procurement regulation in Africa and it includes research and teaching components.

 

 Prof Phoebe Bolton joined the Public Law Department in January 2010. She is the author of a number of publications in the area of government contracts and government procurement, including The Law of Government Procurementin South Africa (LexisNexis Butterworths, South Africa, 2007). The book is the first comprehensive and structured analysis of the law on government contracts and government procurement in South Africa and the only major African legal text on procurement regulation. Prof Bolton is the recipient of numerous academic awards, including the CODESRIA prize for the best doctoral thesis produced in Africa in 2006, the Andrew Mellon Foundation Fellowship, the Abe Bailey Travel Bursary, the DAAD in-country Scholarship and the DAAD Scholarship for Young Academics and Scientists. Funding from the National Research Foundation is currently enabling her to continue her research in the area of public procurement regulation. A British Academy grant moreover funds a project in partnership with the Public Procurement Research Group at Nottingham University, United Kingdom. The main objective of the project is to raise the academic profile of public procurement regulation in Africa and it includes research and teaching components.

 

Areas van belangstelling

Staatsverkrygingsregulering

Fields of specialization

Public procurement regulation, supply chain management, public-private partnerships

Modules aangebied

Staatsverkrygingsreg (voorgraads)
Staatsverkrygingsregulering (LLM)

Modules taught

Public Procurement Law (undergraduate)
Public Procurement Regulation (LLM)

Publikasies / Publications

Boeke / Books

  • The Law of Government Procurement in South Africa (LexisNexis Butterworths South Africa, 2007) xxiv + 528 pp

Joernaal Artikels / Journal articles

  • “The Regulation of Preferential Procurement in State-owned Enterprises” (2010) 1 Journal of South African Law 101 – 118
  • “The Status of Contracts Exceeding a Municipal Tender Call” (2009) 2 Journal of South African Law 283 – 392
  • “The Committee System for Competitive Bids in Local Government” (2009) 12(2) Potchefstroom Electronic Law Journal 56 – 92
  • “Incorporating Environmental Considerations into Government Procurement in South Africa” (2008) 1 Journal of South African Law 31 – 51
  • “The Public Procurement System in South Africa: Main Characteristics” (2008) 37(4) Public Contract Law Journal 719 – 740
  • “Protecting the Environment through Public Procurement: the Case of South Africa” (2008) 32(1) Natural Resources Forum 1 – 10
  • “An Analysis of the Preferential Procurement Legislation in South Africa” (2007) 16(1) Public Procurement Law Review 36 – 67
  • “The Exclusion of Contractors from Government Contract Awards” (2006) 10(1) Law, Democracy and Development 25 – 48
  • “Grounds for Dispensing with Public Tender Procedures in Government Contracting” (2006) 9(2) Potchefstroom Electronic Law Journal 1 – 38
  • “Scope for Negotiating and/or Varying the Terms of Government Contracts awarded by way of a Tender Process” (2006) 2 Stellenbosch Law Review 266 – 288
  • “Government Procurement as a Policy Tool in South Africa” (2006) 6(3) Journal of Public Procurement 193 – 217
  • “Government Contracts and the Fettering of Discretion – A Question of Validity” (2004) 19(1) South African Public Law 90 – 113
  • “Government Dealings and the Intention to Create Legal Relations” (2004) 16(2) South African Mercantile Law Journal 196 – 210
  • “The Use of Government Procurement as an Instrument of Policy” (2004) 121(3) South African Law Journal 619 – 635

Hoofstukke in Boeke / Chapters in Books

  • “The Regulatory Framework for Public Procurement in South Africa” in Public Procurement Regulation in Africa (Cambridge University Press, 2011) [forthcoming]
  • “Public Contracts in South Africa” in Stelkens, U and Noquellou, R (eds) Comparative Law on Public Contracts Treatise (Bruylant, 2010) [in press]
  • “Public Private Partnerships in South Africa” in General Reports of the XVIIIth Congress of Comparative Law, Washington, July 2010 (Eleven International Publishing: Brussels / Utrecht, 2010) [forthcoming]
  • “Social Policies in Procurement and the Government Procurement Agreement: A Perspective from South Africa” in The WTO Regime on Government Procurement: Recent Developments and Challenges Ahead (Cambridge University Press, 2010) [with Geo Quinot] [forthcoming]
  • “Overview of the Government Procurement System in South Africa” in Khi V. Thai (ed) International Handbook of Public Procurement (Boca Raton, FL: Taylor and Francis, 2009) Chapter 16, 357 – 374

Book reviews

  • Nicola Dimitri, Gustavo Piga and Giancarlo Spagnolo (eds) Handbook of Procurement (Cambridge University Press, 2006) (2007) 16(4) Public Procurement Law Review 297 – 299

Kort Artikels en Notas / Short articles and notes

  • “Notifying the Correct Bidder of its Success” (2009) 11(5) Local Government Bulletin 25
  • “The Roles and Functions of Bid Committees” (2009) 11(4) Local Government Bulletin 19 – 20
  • “The Municipal Manager’s Supervisory Role over Bid Committees” (2009) 11(2) Local Government Bulletin 26 – 27
  • “When can Bidders with Bad Track Records be Rejected” (2009) 11(1) Local Government Bulletin 22 – 24
  • “Who excludes Bidders from Future Contracts?” (2008) 10(5) Local Government Bulletin 22 – 25
  • “Supply Chain Management and Public-Private Partnership Provisions” (2004) 6(4) Local Government Bulletin 4 – 5

Navoringsprojekte / Research reports

  • “A Comparative Analysis of Local Procurement Policies in Selected Countries” – prepared for the Development Bank of Southern Africa in cooperation with the Department of Trade and Industry, South Africa (2010) [with Geo Quinot]

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