South Africa Constitutional Court invalidates Public Procurement Act

South Africa’s Constitutional Court has invalidated the Public Procurement Act (PPA), ruling that Parliament failed to facilitate sufficient public participation and adhered to improper procedural timelines. The court found that the legislative process was unlawful, noting that stakeholders were often given insufficient time to review amended versions of the Bill before parliamentary meetings.

Cape Town Mayor Geordin Hill-Lewis welcomed the decision, stating it protects the constitutional autonomy of local governments to manage their own procurement processes. He argued the Act would have created excessive red tape and hindered the ability of municipalities to respond swiftly to urgent infrastructure needs, such as water, sanitation, and electricity.

Legal experts from IRR Legal described the ruling as a major victory for service delivery recipients and voters. The PPA would have governed approximately R1.2 trillion in annual state spending and included provisions for contract set-asides based on race and veteran status. The court also awarded costs to the City, to be paid by the President, the Finance Minister, and the Speaker.