'New Dawn' for Public Procurement in South Africa: The Public Procurement Act becomes law

Following its adoption by the National Assembly on 16 May 2024, President Cyril Ramaphosa on 23 July 2023, assented to signed into law the Public Procurement Act 28 of 2024. The Public Procurement Act seeks to create a single framework that regulates public procurement, including preferential procurement, by all organs of state, with the necessary efficiency, cost-effectiveness and integrity and enhance transparency and integrity, among others, to combat corruption, ensure efficient, effective and economic use of public resources and advance transformation and broadened economic participation.

24 Jul 2024 2 min read Article

The publication of a bill that has become an Act of Parliament is governed by section 81 of the Constitution. It provides as follows:

"81. Publication of Acts

A Bill assented to and signed by the President becomes an Act of Parliament, must be published promptly, and takes effect when published or on a date determined in terms of the Act."

It is not unusual for Parliament to include a provision in an Act that states that it will come into operation on a date determined by the President or the relevant Minister. In this instance, the Public Procurement Act provides that it will take effect on a date determined by the President by proclamation in the Gazette. That date has not yet been gazetted. The Preferential Procurement Policy Framework Act, 2000 and the Preferential Procurement Regulations, 2022 continue to be in force until such time as the commencement date of the Public Procurement Act is proclaimed.

You can access CDH's write up unpacking the then Public Procurement Bill published in March 2024 on following its adoption by the National Assembly but before the amendments, concurrence and adoption by the National Council of Provinces. The write up included five articles, each dealing with an aspect or chapter of the then Procurement Bill in greater detail.

Watch this spaces as CDH intends to roll out webinars and training in the coming weeks on the impact of the Public Procurement Act.

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