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Constitutional Court invalidates Public Procurement Act due to lack of public consultation

Steady: 1 in the last 7 days Updated friday

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How it started

5 reports, 4 independent, last reported Oct 1. The briefing below covers this first event.

AI-generated briefing. Brind wrote this from the reports listed below. It can be wrong. Each section says how much you can rely on it, and the sources are linked so you can check.

What happened

Some supportReported by 2 outlets

The Constitutional Court declared a new law aimed at overhauling the state’s tender and procurement system invalid and unconstitutional. The court ruled that Parliament failed to subject a new chapter of the Public Procurement Act to meaningful public participation, despite the law having been signed into law by Cyril Ramaphosa last year. The act, which was never implemented, has now been scrapped from the law books.

From ewn.co.za, groundup.org.za

Why it matters

Some supportBrind's analysis of the reports

The invalidation of the Public Procurement Act disrupts the framework governing how billions of rands of public money are spent annually on service delivery. The court found that Parliament deferred much of its responsibility to the National Treasury, which only responded to a small fraction of the submissions received during the legislative process.

From ewn.co.za, groundup.org.za

Who's involved

  • constitutional courtThe court that declared the procurement law invalid and unconstitutional.
  • parliamentThe legislative body whose process was challenged for insufficient public participation.
  • National TreasuryThe treasury that received responsibility for the law from Parliament.
  • Western CapeThe province that challenged the procurement act due to concerns over red tape.
  • Cyril RamaphosaThe President who signed the Public Procurement Act into law.

How it developed

Newest first. Tap a step to see who reported it.
  1. Eskom, a state-owned enterprise, is facing a court ruling that has set aside the Public Procurement Act.Sub-event
  2. The Constitutional Court ruled that Parliament's public participation in a legislative process was deficient.Sub-event
  3. Court rules on procurement act challenge involving Parliament, Treasury, and Western Cape.1 source

Keep exploring

The entities involved

Related events

Coverage

Newest first; wire copies grouped