Government and State-Owned Entities News
More newsReflections on the Public Procurement Act ahead of the Constitutional Court challenge to its validity
It has been more than a year since the Public Procurement Act 28 of 2024 (Act) was passed by Parliament (16 May 2024) and almost a year since it received the assent of the President (18 July 2024). However, it has not yet come into operation as the President has not proclaimed a commencement date. Recently, the City of Cape Town applied to the Constitutional Court to declare the manner in which the Act was adopted as being inconsistent with the Constitution and as such, invalid. This article does not get into that application, but the application has made the Act newsworthy again. Riding the wave, we take a brief moment to look at the dispute resolution provisions under the Act – specifically how information disclosure could have an impact on judicial review proceedings.
The importance of understanding procurement procedures, particularly within SAPS
Charles Green, Associate in the Dispute Resolution practice, was featured on Newzroom Afrika where he discussed the importance of understanding procurement procedures, particularly within SAPS.
Amended National Treasury Regulation 16 for Public Private Partnerships (PPPs) versus Private Sector Participation (PSPs)
The amendments to Treasury Regulation 16 for Public Private Partnerships (PPPs) which comes into effect on 1 June 2025 represent a positive step towards revitalising the PPP landscape for institutions defined under the PFMA in South Africa. By streamlining approvals for smaller projects and providing a clearer framework for unsolicited proposals, the Government aims to attract greater private sector participation and investment in much-needed infrastructure within these institutions’ responsibilities. However, certain challenges and areas for further attention remain. And the delayed finalisation of the municipal PPP regulations could create short-term inconsistencies and uncertainties for local government PPP initiatives.