Procurement Act Struck Down by Concourt
The court said Parliament failed to ensure meaningful public participation, with Treasury considering only about 40 of 112 submissions.
- On Thursday, the Constitutional Court struck down the Public Procurement Act, declaring it unconstitutional and invalid. Acting Judge Lister Gcinikhaya Nuku delivered the unanimous judgment at Constitution Hill in Braamfontein, scrapping the legislation from the law books.
- Applicants including the Western Cape Government and amaBhungane challenged the law, arguing Parliament rushed the legislative process without adequate public consultation. The public received only four hours to assess a reworked Chapter Four and two minutes each to present their cases.
- National Treasury conceded that out of 112 submissions received, it considered only about 40 due to time constraints. Nuku remarked that Parliament failed to provide a "satisfactory explanation" for its "truncated timeframe," denying stakeholders reasonable opportunity to engage.
- Because the legislation was never implemented, the court's decision leaves no legal gap in procurement regulation. Western Cape Premier Alan Winde welcomed the ruling, which ordered the state to cover the applicants' legal costs.
- Parliament remains free to reenact the legislation or a similar bill, provided it follows a constitutionally compliant public participation process. The court declined to prescribe specific remedial steps, leaving the path forward to the legislature's discretion.
11 Articles
11 Articles
CapeTown ETC
GroundUp NewsProcurement Act struck down by Concourt
Words: Tania Broughton/GroundUp The Public Procurement Act, which was signed into law in July 2024, has been declared unconstitutional by the Constitutional Court. This means the act, which has never been implemented, has now been scrapped from the law books. The court unanimously declared that Parliament had failed in its constitutional obligations to facilitate meaningful public participation during the legislative... Read more →
Mayor Welcomes ConCourt Ruling Invalidating The Public Procurement Act
Cape Town Mayor Geordin Hill-Lewis has welcomed the Constitutional Court's decision to uphold the City’s application to invalidate the Public Procurement Act, which the Mayor has warned would slow down local service delivery and undermine the constitutional autonomy of local government. The post Mayor Welcomes ConCourt Ruling Invalidating The Public Procurement Act appeared first on Infrastructure news.
Striking down of Public Procurement Act “major victory for South Africans” – IRR Legal - Daily Friend
The Constitutional Court's striking down the Public Procurement Act (PPA) due to Parliament's failure to facilitate public participation "is a major victory for South Africans, service delivery recipients, voters, municipalities and other organs of state". So says IRR Legal, noting that the ruling "opens the path towards finally allowing South Africa to maximise value for money in public procurement".
Godongwana says it's back to the drawing board, after Concourt trashes Procurement Act
Finance Minister Enoch Godongwana has broken his silence following a Constitutional Court ruling setting aside the Public Procurement Act, 2024, saying he respects the ruling and will consult parliamentary leaders on the way forward after the landmark ruling declared the legislation unconstitutional. Godongwana said this in a statement issued after the judgement, saying he had taken note of the court’s finding that the Act was adopted in a manne…
Coverage Details
Bias Distribution
- 50% of the sources are Center
Factuality
To view factuality data please Upgrade to Premium
