Africa Regulatory ENSight 2021 | 08

The Constitutional Court's recent judgment on the Public Procurement Act 28 of 2024 has created a procedural roadblock to procurement reform in South Africa, invalidating the legislation not on substantive grounds, but due to inadequate public participation during the legislative process. While the ambitious attempt to consolidate procurement law has been struck down, the fragmented regulatory landscape it sought to address persists...

On 23 July 2024, President Cyril Ramaphosa signed the Public Procurement Act 28 of 2024 ("the Act") into law, fulfilling the constitutional mandates of sections 195, 216, and 217.

The expropriation of property is a significant legal and political issue in South Africa, particularly in the context of land reform and redressing historical injustices.

South Africa's whistleblower protection framework is undergoing significant reform through the proposed Protected Disclosures Bill, 2026, which aims to address critical gaps exposed by high-profile assassinations and the Zondo Commission findings. The new legislation promises expanded protections, criminal sanctions for retaliation, and financial rewards for whistleblowers, but will the reforms be sufficient to encourage individuals to come forward in a climate where speaking up can cost lives?

The Financial Intelligence Centre Act 38 of 2001 (‘FICA') was instituted to combat and prevent the commission of financial crimes within South Africa.

Freedom of expression and hate speech must be considered against the background and the diversity of the population of a specific country, culture, historical background and history in general.

When it comes to corporate insolvency, few provisions have sparked as much legal and constitutional debate as Section 417 read with Section 418 of the Companies Act 61 of 1973.

The High Court of South Africa examines whether municipalities must automatically disqualify bidders with known poor performance records, or whether such policies grant discretionary authority to assess contract-specific risks. This case explores the boundaries between mandatory exclusion and evaluative judgment in public procurement, and clarifies the distinct standards that apply when reviewing procurement decisions versus internal appeals.

South Africa loses nearly half its treated water to leaks, faulty meters, and unbilled connections - a crisis costing municipalities billions annually. Performance-based contracts offer a solution by tying contractor payment to measurable water loss reduction, but implementing them requires navigating complex procurement regulations and choosing the right contracting model.

South Africa's rail reform has reached a critical juncture as the Transnet Rail Infrastructure Manager concludes binding Rail Access Agreements with all 11 newly allocated Train Operating Companies, marking the transition...