Public Procurement Amendment Bill: Whistleblower Incentives Drafted

Posted 16 January 2026 Written by Acts Online
Category Public Procurement

Brought to you by SA Legal Academy: In terms of the procedural requirements for private members’ bills, a notice of intention to introduce the Public Procurement Amendment Bill has been gazetted by Member of Parliament Malebo Kobe. The proposed legislation seeks to establish a framework for financial incentives for whistleblowers.

The draft Bill proposes amendments to the Public Procurement Act, No. 28 of 2024, which is currently enacted but not yet in force. The primary objective is to insert section 14A into the Act, providing for financial rewards for individuals whose disclosures result in the recovery of assets by the state.

The draft Bill includes:

  • Procedures for making disclosures regarding procurement irregularities.
  • Financial incentives linked to the successful recovery of state assets.
  • The creation of a criminal offence under clause 5 for any person who influences or delays proceedings related to a disclosure.

Stakeholders and interested parties are invited to submit written representations on the proposed legislation and the accompanying explanatory summary by 15 February 2026.

What this means for you, your business, or your clients

  • For yourself: Monitor the legislative progress of the Public Procurement Act, No. 28 of 2024 to provide accurate advice on the intersection of procurement law and the Protected Disclosures Act, No. 26 of 2000.
  • For your business: Review internal compliance frameworks to ensure that any future interference with whistleblower proceedings is strictly prohibited, as the draft Bill proposes criminalising such conduct.
  • For your clients: Advise clients participating in public tenders that the proposed financial incentives may increase the volume of disclosures, requiring more rigorous internal auditing and transparent procurement processes.

Originally published at https://legalacademy.co.za/news/read/whistleblowing-input-sought-on-actionsa-draft-bill

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