ConCourt strikes down Public Procurement Act after flawed public participation

The Constitutional Court has ruled the Public Procurement Act 28 of 2024 unconstitutional, invalidating a key piece of legislation governing how the state spends taxpayers' money. The judgment was delivered following challenges brought by the City of Cape Town and Western Cape Government. The central issue was whether Parliament had fulfilled its duty to enable meaningful public engagement before passing the Act, and if it had not, whether the legislation was invalid.

The City argued that the Act was unlawfully passed due to insufficient public participation and parliamentary consideration. Mayor Geordin Hill-Lewis of Cape Town welcomed the decision, stating the court conformed with the City's claim that the Act was passed unlawfully because of inadequate public participation and parliamentary scrutiny.

The City had raised concerns about several aspects of the Act, including the lack of lawful final mandates from seven of the nine provinces when voting on the Bill in the National Council of Provinces. The legislation also faced objections regarding a national supplier database, centralization of procurement, and restrictions on municipalities' ability to deviate from standard procurement processes during urgent service-delivery needs.

The City's legal team had previously warned authorities about their constitutional concerns but received no response. The judgment also safeguards the potential for provincial and local governments to pursue their own procurement strategies. The case had been pending for over a year, with the Constitutional Court granting the City direct access to pursue its challenge in July 2025.

Solidarity, another party challenging the legislation, praised the ruling as a victory against race-based requirements in state procurement.