Public Procurement Act: Amendment Bills Tabled in Parliament

Posted 26 March 2026 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: Parliament is currently considering two separate private member’s bills that propose significant amendments to the Public Procurement Act, No. 28 of 2024.

In terms of recent parliamentary papers, the Public Procurement 2’nd Amendment Bill has been tabled by ActionSA MP Malebo Kobe. This follows the earlier introduction of the Public Procurement Amendment Bill by Democratic Alliance MP Mathew Cuthbert on 12 March 2026. Both bills seek to modify the yet-to-be-commenced 2024 Act, which serves as the primary legislative framework for state procurement in South Africa.

The Public Procurement Amendment Bill (Cuthbert) proposes a substantial shift in procurement policy by seeking to:

  • Repeal the Broad-Based Black Economic Empowerment Act, No. 53 of 2003.
  • Link public procurement policy directly to the United Nations’ 2015 Sustainable Development Goals.
  • Incorporate specific constitutional imperatives into the evaluation and awarding of state contracts.

The Public Procurement 2’nd Amendment Bill (Kobe) focuses on providing further amendments to the regulatory structure of the principal Act, though specific clause-by-clause details remain subject to the formal legislative cycle.

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

  • For yourself: No direct individual obligations; professional advisors must track these amendments to ensure future advice on tender compliance reflects the potential removal of BEE-based scoring.
  • For your business: Firms providing procurement services or bidding for state contracts must prepare for a potential transition away from the Broad-Based Black Economic Empowerment Act, No. 53 of 2003 framework toward international sustainability standards.
  • For your clients: Clients participating in public tenders should be advised that the criteria for ‘preferential procurement’ may change significantly if these amendments are passed, potentially shifting the focus from BEE status to constitutional and sustainable development benchmarks.

Originally published at https://legalacademy.co.za/news/read/public-procurement-actionsa-amendment-bill-tabled-in-parliament

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