Public Procurement Amendment Bill Formally Tabled

Posted 13 March 2026 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: The Public Procurement Amendment Bill has been formally introduced in Parliament, marking a procedural step toward amending the regulatory framework governing state tenders.

In terms of the Rules of the National Assembly, the Bill was tabled following its submission to both Houses on 23 February 2026 for information and planning. This follows the publication of a pre-tabling explanatory memorandum in October 2025, which invited public comment on the proposed reforms to the Broad-Based Black Economic Empowerment Act, No. 53 of 2003 (B-BBEE) and its application within the procurement sphere.

The Bill seeks to amend the current legislative framework by addressing the following areas:

  • The replacement of race-based procurement criteria with a system focused on socio-economic impact.
  • Alignment of procurement outcomes with Sustainable Development Goals (SDGs).
  • Modification of the preferential procurement points system currently regulated under the Preferential Procurement Policy Framework Act, No. 5 of 2000.

As a Private Member’s Bill, the legislation must now undergo a ‘desirability vote’ conducted by the relevant National Assembly committee. This process will determine whether the committee proceeds with the Bill or rejects it before it reaches a full vote in the House. This development occurs while the broader B-BBEE policy and legislation are already under executive review to improve economic transformation and inclusivity.

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

  • For yourself: Monitor the National Assembly committee’s ‘desirability vote’ to determine if this Bill will proceed to a formal public hearing stage, which may require technical legal submissions.
  • For your business: Assess the potential impact of a shift from race-based criteria to socio-economic impact metrics on your firm’s current B-BBEE compliance and state tender eligibility.
  • For your clients: Advise clients engaged in public sector contracts that while the Public Procurement Act, No. 20 of 2024 and existing B-BBEE regulations remain in force, this Bill represents a proposed alternative compliance framework.

Originally published at https://legalacademy.co.za/news/read/b-bbee-da-s-controversial-bill-tabled

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